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State of Andhra Pradesh - Section

Section 73B in Andhra Pradesh Co-Operative Societies Rules, 1964

73B.

: - (1) Integration of services of the employees of Erstwhile Andhra Pradesh C.C.A.D. Bank with the employees of the APCOB.- Consequent on the abolition of the Andhra Pradesh Cooperative Central Agricultural Development Bank with effect from the 30th April, 1994 pursuant to sub¬section (3) of Section 2 read with Clause (F) of sub-section (2) of Section 2 of the Andhra Pradesh Single Window Cooperative Credit Structure at State Level Act, 1994 (Act 14 of 1994), the officers and employees of the Andhra Pradesh Cooperative Central Agricultural Development Bank whose services have been transferred to the Andhra Pradesh State Cooperative Bank shall be integrated with the services of the Andhra Pradesh State Cooperative Bank i.e., the successor Bank and the Managing Director of the Bank shall take action for integration of the services in the following manner.Equation of Cadre
Cadres in the erstwhile Andhra PradeshCo-operative Central Agricultural Development Bank Equated cadre in Andhra Pradesh StateCo-operative Bank
(i) Chief General Manager Chief General Manager (Postto becreated)
(ii) General Manager General Manager (3 vacantposts ofGeneral Managers in Andhra Pradesh State Co-op.Bank to be filled prior to integration).
(iii) Deputy GeneralManager/Regional Officer Deputy General Manager inAndhraManager in Dist. Co-Operative Central Banks (CommonCadre).
(iv) Assistant GeneralManager/Assistant Regional Officer/[Technical Officers] [Items (V) & (ix) Omitted and items (iv), (vi) & (viii) amended and items (vi) to (xi) renumbered as (v) to (viii) vide G.O.Ms. No. 8, Ag. & Coop. Department dated 8-0-200.]. Assistant General Manager inAndhra Pradesh State Co-Operative Bank and Deputy GeneralManager in Dist. Co-Operative Central Banks (Common Cadre).
(v) Junior Officer (Non-Technical)/[Junior Officer (Technical) Manager
(vi) StaffAssistant/Steno/Typist/Engineering Supervisor/Draftsman Staff Assistant/Steno/Typist
(vii) Junior Clerk Junior Assistant
(viii) (a)Drivers(b)Attender/Watchman Subordinate StaffAttender/Driver/Watchman
(2)Cadre Strength. - The staff strength of the integrated bank shall be as per the report of the Committee constituted for the purpose in G.O.Ms.No.930 A & C Department, dated the 18th July, 1994.In the case of promotions, if any, made by the Bank after 30th April, 1994 in the cadres of General Manager and common cadre Class-I and Class-II officers i.e., Deputy General Manager of Andhra Pradesh State Co-operative Bank/General Manager of District Co-operative Central Banks and Assistant General Manager of Andhra Pradesh State Co-operative Bank and Deputy General Manager of Dist. Co-Operative Central Bank in Short Term Wing and Assistant General Managers and Junior Officers in Long Term Wing pursuant to the Court Orders can be adjusted against the vacancies in the staff strength of the integrated Bank and it shall be treated as promotions on regular basis.
(3)Inter-se-seniority. - (a) The inter-se-seniority of the erstwhile Andhra Pradesh Co-operative Central Agricultural Development Bank Employees and that of the Andhra Pradesh State Co-Operative Bank Employees in the equated cadres shall be fixed by the Board of Directors of Andhra Pradesh State Co-operative Bank on the basis of 14-.: dates of their appointment in the cadres in which they are working on regular basis as on 30th April, 1994. The inter-se-seniority of the employees who were promoted after 30th April 1994, shall also be fixed in accordance with the principle referred to above. If the dates of such appointments happen to be the same, the seniority shall be fixed on the basis of the age of the employees, the elder being placed above the younger.
(b)The Board of Directors shall take action for fixation of inter-se-seniority by providing opportunity to all concerned to file objections, if any, within one month from publication of the inter-se-seniority and considering objections, if any, issue the final list within two months.
(4)Pay and Allowances & Other Service Conditions. - (a) Government have constituted a committee in G.O.Ms.No. 338 A & C (Co-Operative VI) Department, dated 11-12-1998, with the Registrar of Co-operative Societies as its Chairman to suggest pay structure, allowances, service regulations and also staff pattern to the employees in the integrated Bank. Pending finalisation of the report of the Committee the employees and officers of the integrated Bank will be governed by their respective service regulations so far as pay scales, allowances and other monetary benefits are concerned. However, for the purpose of recruitment, promotion and disciplinary control, the service regulations of Andhra Pradesh State Co-operative Bank employees and common cadre regulations will be made applicable with reference to their respective services.
(b)The erstwhile Andhra Pradesh Co-operative Central Agricultural Development Bank Employees who have been integrated with the services of the Andhra Pradesh State Co-operative Bank and common cadre shall have an option either to continue in the old service regulations applicable to them till the date of integration, even after integration of services till they get next promotion or retirement. On further promotion, they shall be governed by Andhra Pradesh State Co-operative Bank Employees Service Regulations or common cadre regulations.
(5)Appeal: - (a) Any person aggrieved by any order of the Managing Director, Andhra Pradesh State Co-operative Bank may appeal to the Managing Committee of the Andhra Pradesh State Co-operative Bank.
(b)Any person aggrieved by an order by the Managing Committee may prefer an appeal to the Registrar of Co-operative Societies and the decision of the said Registrar of Co-Operative Societies shall be final.
[74. Allotment of employees of Co-operatives Sugar Factories. - (I ) The Registrar shall allot the employees coming under the categories of posts which have been decaderised to the various Co-operative Sugar Factories in accordance with the rules mentioned below ] [Substituted by G.O.Ms.No. 37 A & Coop., dated 28-1-2002. ]:
(i)The employees shall inform the Registrar in the order of preference for allotment to any 3 (three) CO-operative Sugar Factories within thirty days from the date of calling of such options.
(ii)In case it is not possible for the Registrar to accede to their options the Registrar may allot such employees to any of the Co-operative Sugar Factories by recording the reasons.
(iii)The cases where the employees have not indicated their preference within the stipulated limit or in case it is not practicable to make allotments in the manner indicated in the clauses (i) and (ii) it shall be open to the Registrar to order allotment of the employees to any of the Co-operative Sugar Factories.
(2)If more than one employee opts for the same factory, the senior among them may be allotted in preference to the junior.
(3)An employee on allotment to any of the Co-operative Sugar Factory in accordance with the procedure laid down in Clauses (i), (ii) and (iii) of sub-rule (1) and sub-rule (2) shall be deemed to be an employee of that co-operative Sugar Factory and shall be entitled to receive the pay and allowances from the funds of the society.
(4)After the allotment is made, the employee shall be governed by the service conditions of the respective Sugar Factories and it shall be competent for the Sugar Factory to continue the pending disciplinary proceedings and impose punishments.[75. Without prejudice to the generality of other Andhra Pradesh Co-operative Societies Rules the special rule applicable to Co-operative Credit Societies covered under Chapter XIII B is as follows:] [Added by G.O.Ms.No. 26, Agriculture & Coop. (Coop-1V) Department dated 16-2-2012.]
(1)Procedure for Registration of a society. - The provisions of rule 3 shall apply to all Cooperative Credit Societies with the following change.If the Registrar is satisfied that the proposed society has complied with the above requirement i.e., as laid down under rule '3', he shall register the society and the bye-laws of the society. If the Registrar is not satisfied, he shall reject the proposed registration of the society and its byelaws. In either case, the Registrar shall communicate his decision within 30 days from the date of receipt of the application. The provisions of rule 3 (xi) are not applicable to Cooperative Credit Societies.
(2)Minimum business to be transacted or services or facilities to be utilised by member of other societies: - The provisions of rule 18 shall apply to all Cooperative Credit Societies with the following change:The period of default shall be reckoned as one year instead of three months."
(3)Removal of a disqualified member. - The provisions of rule 20 shall apply to all Cooperative Credit Societies, with the following change:"All references to the Registrar in the said rule shall be construed to be a reference to the Managing Committee of the Society."
(4)Disqualification of membership of committee. - The provisions of rule 24 shall apply to all Cooperative Credit Societies, with the following change:"The period of default shall be reckoned as one year instead of three months".
(5)Procedure Regarding State aid to Societies. - The provisions of rule 34 shall apply to all Cooperative Credit Societies but rule 34 (14) shall be read as follows:There shall be only one Government nominee on the Managing Committee of the Andhra Pradesh State Cooperative Bank and District Cooperative Central Bank as long as the equity of Government Continues, provided that the existing nominees as on the date of amendment to the Act (Act No.16 of 2007) on the Managing Committee shall continue till the expiry of their current term. However they shall not have any voting right in any election or in the motion of the no confidence. There shall be no Government nominee on the Managing Committee of the Primary Agricultural Cooperative Credit Society. The nominations shall be made by Government in case of Andhra Pradesh State Cooperative Bank and by the Registrar in case of District Cooperative Central Bank.
(6)Distribution of profits. - A Cooperative Credit Society shall distribute its net profits in any cooperative year as prescribed in the bye-laws.
(7)Investment of Reserve fund. - The provisions of rule 37 shall apply to all Cooperative Credit societies, with the following change:"All references to the Registrar in the said rule shall be construed to be a reference to the general body of the Society".
(8)Borrowings: - Cooperative Credit Societies shall have autonomy in borrowing funds as per the guidelines of Reserve Bank of India and National Bank for Agriculture and Rural Development. Hence rule 40 is inapplicable to Cooperative Credit Societies.
(9)Loans. - Cooperative Credit Societies shall determine the mechanism of lending as per the guidelines of Reserve Bank of India and National Bank for Agriculture and Rural Development. Hence rule 41 is inapplicable to Cooperative Credit Societies.
(10)Transaction with non-members. - Transaction with non-members shall be as per the guidelines of the Reserve Bank of India and National Bank for Agriculture and Rural Development. Hence rule 42 is inapplicable to Cooperative Credit Societies.
(11)Rule 43. Maintenance of fluid resources by societies with limited liability. - The provisions of rule 43 shall apply to all Cooperative Credit Societies.The maintenance of fluid resources shall be as per the guidelines of National Bank for Agriculture and Rural Development/ Reserve Bank of India and shall be adopted by the General Body as such.
(12)Statement and returns to be furnished by a society for audit of it accounts and issue of Audit Certificate. - Rule 45 is inapplicable to Cooperative Credit Societies. They shall present such returns and accounts to auditor as are prescribed by Reserve Bank of India/National Bank for Agriculture and Rural Development and the auditor shall issue audit certificate as per the guidelines prescribed by Reserve Bank of India/National Bank for Agriculture and Rural Development.
(13)Audit Fees. - Rule 46 prescribing the Scale of Audit fees is inapplicable to Cooperative Credit Societies. The power to fix compensation for the Audit by the Cooperative Credit Societies shall be with the Society.
(14)Power of Government to exempt a society or class of societies from the operation of the rules. - Rule 67 is inapplicable to Cooperative Credit Societies in general. In exceptional or in extra ordinary circumstance, in the interest of the Co-operative movement or public interest this power may be exercised by the Government in consultation with Reserve Bank of India/National Bank for Agriculture and Rural Development.
(15)Committee for selection of Chief Executive Officers of Cooperative Central Banks & Andhra Pradesh State Cooperative Bank. - The Board of the bank shall appoint the Chief Executive Officer as per the criteria prescribed by Reserve Bank of India/National Bank for Agriculture and Rural Development and should also undertake a process of due diligence in respect of the person relying on the information obtained from him /her before appointment. In case the Boards seek professional inputs by engaging the selection Committee, the Board should specifically pass a resolution for engaging the Selection Committee including composition of the committee.Committee for selection of Chief Executive Officers of Cooperative Central BanksPresident of Cooperative Central Bank,Managing Director/Chief Executive Officer of Andhra Pradesh State Cooperative Bank,Chief General Manager/Officer-in-charge of National Bank for Agriculture and Rural Development andProfessional Director of the respective Cooperative Central Bank Board.Committee for selection of Chief Executive Officers of Andhra Pradesh State Cooperative BankPresident of Andhra Pradesh State Cooperative Bank,Principal Secretary, Finance Department,Principal Secretary, Agriculture & Cooperation DepartmentChief General Manager/Officer-in-charge of National Bank for Agriculture and Rural Development and Professional Director of the Board of Andhra Pradesh State Cooperative Bank.
(16)Cost of Management: - The cost of Management in Co-operative Credit Society shall be as per the guidelines issued by National Bank for Agriculture and Rural Development from time to time.]Forms Under Andhra Pradesh Co-Operative Societies Rules, 1964Form A[Under Rule 3]Application for Registration of a Cooperative Society under the Andhra Pradesh Cooperative Societies Act, 1964ToThe Registrar ........Sir,We the undersigned being eligible to become members, apply for the Registration of Cooperative Society with ............liability, under the title of .............having its registered office at ...........Mandal ........... District ............ and its bye-laws.
(2)We are enclosing two copies of the said bye-laws duly signed by us together with the following documents:
(a)a list of persons who have come forward to organise the society with their names and father's names, address and share amount and entrance fee contributed by them.
(b)a scheme showing the details, explaining as to the economic soundness of the society.
(c)a copy of the resolution authorising a member of the society to sign the application on behalf of the society in case the applicant is itself a registered society.
(d)the name and address of the person to whom correspondence regarding registration or other matter be addressed.
(3)We also declare that the information given above including the enclosures, is correct to the best of our knowledge and belief.Note: - Where all the applicants are individuals, not less than ten who have attained the age of majority and are of sound mind and each being a member of a different family should attest the application and the bye-laws. Where the applicant is a society, the application and the bye-laws should be signed by a member duly authorised in this behalf by such society.
Witnesses: Signatures :
1. 1. 2. 3.
2. 4. 5. 6.
  7. 8. 9.
CertificateCertified that the .......society has deposited an amount of Rs. .........on ...........in the ..............bank towards share capital."Signature of Bank Manager with Stamp.Sworn Statement by Applicant[Under Rule 3]I.........h/s/d/w/o...........Aged ...............Years residing at .......................For the past ... years hereby declare that I do not possess any disqualification as specified under Section 21 of the Andhra Pradesh Coop. Societies Act VII of 1964 and the Rules framed thereunder. I also declare that I have read the Cooperative Societies Act, Rules and the bye-laws and I am familiar with the rights, duties and obligations of membership and am willing to discharge them to the best of my ability in the interest of the cooperative society and its members and the society at large, that I shall always strive to further the interests of the cooperative society and the cooperative movement in general and I shall not do any acts of omission or commission which will bring me, my society and the cooperative movement to disrepute.Place :Date :
  Signature of the Applicant.
1. Witness with address. Signature
2. Witness with address. Signature
Form-AA[Rule 6-A (1)]Applications for Final Registration of a Co-operative Society under The Andhra Pradesh Co-operative Societies Act, 1964ToThe Registrar ..........Sir,We the committee members of the provisionally registered ..................Society with ...............liability apply for the final registration of a Co-operative Society.We are enclosing four copies of the said bye-laws as approved in the General Body Meeting held on .............duly signed by us together with the following documents:-
(a)a certificate in the following form from the Manager of the financing bank as required in clause (c) of sub-section (5) of Section 7.
(b)a list of names of members with their addresses, occupation and the amount of share capital amount contributed by each of them and the entrance fee paid by them.
(c)a true copy of the minutes of the General Body of the society adopting the bye-laws duly signed by a majority of members of committee.
(d)the name and address of the committee members.
Signature of the Committee MembersFormCertified that the .................Society has deposited an amount of Rs............. on ..........in the..................bank towards share capitals.Form AAA[Rule 6-A(1)]ToThe Registrar .............. We, the members of the Committee of.............Co-operative Society whose signatures are appended below propose to bring a motion of no-confidence against Shri ...........Son of ......... President/Vice-President of the .......Society, Registration No............ a copy of the proposed motion of no confidence duly signed by the members of the committee as required under sub-section (2) of Section 34-A of the Andhra Pradesh Co-operative Societies Act, 1964 is enclosed to this notice. The total number of elected members are ............and the total number of members who signed this motion are................We request you to convene a meeting for the consideration of the motion early.
Witnesses: Signatures and Addresses
1. 1.
2. 2.
Form B[Rule 32]Declaration Creating ChargeI............ (age .........) residing at .......... having been admitted to the membership of............... with limited/unlimited liability and being desirous of borrowing loan from the society/having borrowed a loan from the Society before making this declaration as required under Section 36 (1) of the Andhra Pradesh Co-operative Societies Act, 1964, that I own/have interest in ................... the land or other immovable property specified in the Schedule, and I hereby create a charge on the said land or property/in such land or property in favour of the Society for payment of the amount of the loan which the society may grant/has granted and for all future advances, if any, which the society may make to me subject to the maximum amount of Rs. ............ together with interest at such rates as may be agreed to between me and the Society, from time to time, on such amount of the loan and advances.