APCOS Act 19अध्याय III · Members and their Rights and Liabilities

धारा 19 · Eligibility for membership

(1)

Subject to the provisions of Section 21,

(a)

[ an individual who attained majority and is of sound mind and who belongs to a class of persons, if any, for whom the society is formed as per its bye-laws and who possesses such qualifications as may be specified in the bye-laws or as may be prescribed for the concerned class of societies in the interest of Co-operative movement.] [Substituted by Andhra Pradesh Act No. 28 of 1988, w.e.f. 9-5-1988.]

(b)

a society registered, or deemed to be registered, [under this Act or the Andhra Pradesh Mutually Aided Co-operative Societies Act, 1995 (Act No. 30 of 1995)] [Substituted for the words 'under this Act' by Andhra Pradesh Act No. 6 of 1998, w.e.f 6-4-1998, Published in Andhra Pradesh Gazette part IV-B (Ext.) No. 6, dated 16-1-1998.] [and which belongs to the class of societies, if any, for which the society is formed as per its bye-laws :] [Added by Andhra Pradesh Act No. 14 of 1966.]

[Provided that the Co-operative Society registered under the Andhra Pradesh Mutually Aided Co-operative Societies Act, 1995 which were admitted into Central, Apex Level Co-operative Societies, shall not be entitled for voting rights.] [Inserted by Andhra Pradesh Act 6 of 1998, w.e.f. 6-4-1998, Published in Andhra Pradesh Gazette part IV-B (Ext.) No. 6, dated 16-1-1998.]

(c)

the Government ;

shall be eligible for admission as a member-[Provided that no individual shall be eligible for admission as a member of any financing bank or federal society :] [Added by Andhra Pradesh Act No. 14 of 1966.][Provided further that an individual who was admitted as a member of the financing bank or federal society and continuing as such on the date of the commencement of the Andhra Pradesh Co-operative Societies (Amendment) Act, 1985, shall, on the commencement cease to be a member of such bank or society] [Inserted by Andhra Pradesh Act No. 21 of 1985.]:[Provided also that a society shall admit an individual or a society referred to in clauses (a) and (b) above as a member, subject to the condition that the society is in a position to extend its services to such individual or society.] [Inserted by Act No. 22 of 2001, dated 25.4.2001.][x x x] [Omitted by Andhra Pradesh Act No. 1 of 1991.][Provided also that the individual who seeks admission into an Agricultural Credit Society, shall hold agricultural land either as an owner or a tenant in the area of operation of the said society in such manner as may be prescribed.] [Added by Act No. 6 of 2005, w.e.f. 31-1-2005.]Explanation 7. Numbered as Explanation I by Andhra Pradesh Act No. 6 of 1998.[I]: - For the purpose of this sub-section;

(i)

'family' means husband, wife, unmarried sons, unmarried daughters and other dependents in the house-hold ;

(ii)

'weaver' means any individual not being a master weaver, who attends to operations of weaving of cloth or fabric or product on the loom whether such operation is carried on in private dwelling house or any other place and is dependent on weaving as profession and income thereof.

[Explanation II: - For removal of any doubts, it is hereby declared that Mutually Aided Co-operative Society registered or deemed to be registered under the Andhra Pradesh Mutually Aided Co-operative Societies Act, 1995 shall be entitled to all the rights and privileges of a member of a society except voting rights under the provisions of this Act on admission as such member.] [Added by Andhra Pradesh Act No. 6 of 1998, w.e.f. 6-4-1998.]

(2)

Notwithstanding anything in sub-section (1),

(i)

any firm, company or any other body corporate constituted under any law for the time being in force, or a society registered under the relevant Societies Registration Act or a local authority or a public trust registered under any law for the time being in force relating to the registration of such trusts, which is immediately before the commencement of this Act, a member of a society deemed to be registered under this Act shall have, subject to the other provisions of this Act, the right to continue to be such member on and after such commencement ;

(ii)

the requirements specified in [clauses (c) and (cc) in sub-section (2) of Section 6] [Substituted by Andhra Pradesh Act No. 28 of 1988, w.e.f. 9-5-1988.] for individual signing the application for registration of a society referred to therein, shall also apply to individuals seeking admission as members of such society after its registration ;

(iii)

any statutory body constituted for the purpose of development of a particular industry, may become a member of a co-operative marketing or processing society of growers or workers engaged in such industry;

(iv)

[ persons who are minors, may, subject to such restrictions or limitations as may be applicable to a minor under the provisions of any law for the time being in force, be admitted as members of such class of societies as may be prescribed ;] [Substituted by Act No. 22 of 2001, dated 25.4.2001.]

(2A)

[ Any person duly qualified for admission as a member under the provisions of this Act, the rules and the bye-laws, may apply through the Registrar for membership of such societies and in such forms as may be prescribed and such person shall be deemed to have been admitted as a member of the society from the date of receipt of the application in the office of the society.

(2B)

Notwithstanding anything in this Act, the Registrar may either suo motu at any time or on any application by the society or any aggrieved person made within fifteen days from the date mentioned in sub¬section (2-A) and after giving an opportunity to the person concerned and recording the reasons therefor declare such person as not eligible for membership of the society within thirty days from the date of receipt of the application by the Registrar.] [Inserted by Andhra Pradesh Act No. 19 of 1976.]

(3)

[[The Managing Committee] [Substituted for the words 'No society shall' by Act No. 22 of 2001, dated 25.4.2001.] of a society shall not] without sufficient cause, refuse admission to membership to any person duly qualified therefor under the provisions of this Act and its bye-laws. Where admission is so refused, the decision, with reasons therefor, shall be communicated by the registered post to such person within fifteen days of the date of the decision, or within sixty days from the date of his application for membership, whichever is earlier :[x x x] [The proviso omitted by Act No. 22 of 2001, dated 25.4.2001.]

(4)

[ The name of every person admitted or deemed to have been admitted as a member of the society shall be entered in such records of the society as may be prescribed] [Added by Andhra Pradesh Act No. 14 of 1966.] [and the member so admitted shall be issued a photo identity card] [Added by Act No. 22 of 2001, dated 25.4.2001.].

(5)

[ The name of every associate member admitted or deemed to have been admitted, shall be entered in a separate register and a photo identity card shall be issued.] [Added by Act No. 6 of 2005, w.e.f. 31-1-2005.]

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