Amendments to A.P. Co-operative Societies Rules, 1964

Cooperation Department – Andhra Pradesh Co-operative Societies Rules, 1964 –Certain Amendments – Orders – Issued.

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AGRICULTURE & COOPERATION (COOP.III) DEPARTMENT

G.O.Ms.No. 219 Dated: 24.12.2012.

Read the following:-

1) G.O.MS.No.1941, Food & Agriculture Department, Dated: 27- 07 -1964.

2) G.O.MS.No.30, Information Technology & Communications Department,Dated: 09- 08 -2012.

3) From the Commissioner for Cooperation and Registrar of Cooperative Societies, A.P.Hyderabad, Lr.Rc.No.19843/2012 /UBL – 1, Dt. 15/11/2012.

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O R D E R:

The following Notification will be published in the Andhra Pradesh State Gazette

N O T I F I C A T I O N

In exercise of the powers conferred by sub-section (i) of section 130 of the Andhra Pradesh Cooperative Societies Act, 1964 (Act, 7 of 1964), the Government hereby makes the following amendments to the Andhra Pradesh Co-operative Societies Rules, 1964 issued in G.O. Ms. No.1941, Food & Agriculture Department, dt.27/07/1964 and as subsequently amended from time to time.

A M E N D M E N T

In the said rules,

(1) in rule 2, after clause (p), the following shall be added, namely;-

(q) “Electronic Auction (e-Auction)” means “an online Auction

which is conducted on Internet of an authorized agency

identified by the Government”.

(r) “Electronic Auctioneer (e-Auctioneer)” means “an agency

appointed as an auctioneer to assist sale officer in the process

of e-Auction through their official Website”.

(2) in rule 52,

(a) under sub-rule (5),-

(i) for clause (i), the following shall be substituted namely :-

“(i) The sale officer shall on the day previous to and on

the day of sale cause a proclamation of the time and

place of the intended sale to be made by beat of drum in

the village in which the defaulter resides and in such

place or places as the Registrar may consider necessary

to give due publicity to the sale or through any other

mode of advertisement deem fit to give wide publicity.

No sale shall take place until after the expiration of a

period of fifteen days from the date on which sale notice

has been served or affixed in the manner prescribed in

clause (a):                           

Provided that where the property seized is subject to

speedy and natural decay, or where the expense of

keeping it in custody is likely to exceed its value, the sale

officer may sell it at any time, before the expiry of the

said period of fifteen days, unless the amount due is

paid earlier or a stay order is obtained”.

(ii) for clause (j), the following shall be substituted namely :-

“(j) At the appointed time, the property shall be sold in

public auction / e-Auction in terms of one or more lots

as directed by the sale officer and shall be disposed of to

the highest bidder:

Provided that it shall be open to the sale officer to

decline to accept the highest bid where the price offered

appears to be unduly low or for other reasons”.

(iii) for clause (l), the following shall be substituted namely :-

“(l) The property shall be paid for in cash at the time of

sale or in case of e-auction shall be paid for in cash

within three working days from the date of sale or as

soon thereafter as the sale officer shall appoint and the

purchaser shall not be permitted to carry away any part

of the property until he has paid for it in full. Where the

purchaser fails in the payment of purchase money, the

property shall be resold”.                      

(b) under sub-rule (11),-

(i) for clause (d), the following shall be substituted namely :-

“(d) Where attachment is required before sale, the sale

officer shall if possible, cause a notice of attachment to

be served on the defaulter personally. Where personal

service is not possible, the notice shall be affixed in

some conspicuous part of the defaulter’s last known

residence, if any. The fact of attachment shall also be

proclaimed by beat of drum at some place on or

adjacent to such property and at such other place or

places or through any other mode of advertisement

deem fit to give wide publicity as the Registrar of the

district may consider necessary to give due publicity to

the sale. The attachment notice shall set-forth that

unless the amount due with interest and expenses be

paid within the date therein mentioned the property will

brought to sale. A copy shall be sent to the decreeholder,

where the sale officer so directs the attachment

shall also be notified by public proclamation in the

district gazette”;

(ii) for clause (e), the following shall be substituted namely :-

“(e) Proclamation of sale shall be published by affixing

as notice at the office of the Registrar of the district and

taluk office atleast thirty days before the date fixed for

the sale and also beat of drum in the village on two

consecutive days previous to the date of sale and on the

day of sale or through any other mode of

advertisement deem fit to give wide publicity. Such

proclamation shall, where attachment is required before

sale be made after the attachment has been affected.

Notice shall also be given to the decree-holder and the

defaulter. The proclamation shall state the time and

place of sale and specify as fairly and accurately as

possible.

(i) the property to be sold;                  

(ii) any encumbrance to which the property is liable;

(iii) the amount for the recovery of which sale is ordered;

and

(iv) Every other matter which the sale officer considers

material for a purchaser to know in order to judge the nature and value of the property.

(iii) For clause (f), the following shall be substituted,namely:-

“(f) When any immovable property is sold under these

rules, the sale shall be subject to the prior

encumbrances on the property, if any. The decreeholder

shall, when the amount for the realization of

which the sale is held , exceeds one hundred rupees,

furnish to the sale officer within such time as may be

fixed by the sale officer or by the Registrar of the

district, an encumbrance certificate from the Registration

Department for a period of not less than twelve years

prior to date of attachment of the property, sought to be

sold or in a case falling under the proviso to sub-rule

(10), prior to the date of the application for execution.

The time for production of the encumbrance certificate

may be extended at discretion of the sale officer or the

Registrar of the district, as the case may be. The sale

shall be by public auction / e-Auction to the highest

bidder, provided that it shall be open to the sale officer to

decline or accept the highest bid where the price offered

appears to be unduly low or for other reasons and

provided also that the Registrar of the district or the sale

officer may, in his discretion adjourn the sale to a

specified day and hour, recording his reasons for such

adjournment. Where a sale is so adjourned for a longer

period than seven days a fresh proclamation under

clause (e) shall be made, unless the judgment-debtor

consents to waive it. The sale shall be held after the

expiry of not less than thirty days calculated from the

date on which notice of the proclamation was affixed at

the office of the Registrar of the district. The Mode, time

and place of sale shall be fixed by the Registrar of the

district and the place of sale shall be the village (or town)

where the property to be sold is situated or such

adjoining prominent place of public resort as may be

fixed by the said Registrar:

Provided that in cases where an encumbrance certificate

is not obtainable owning to the destruction of the

connected records, an affidavit from the village karanam

in regard to the encumbrance known to him supported

by a certificate from the Registration Department that the

encumbrance certificate cannot be granted owning to the

destruction of the connected records, shall be accepted

in the place of an encumbrance certificate”.

(iv) for clause (g), the following shall be substituted, namely,-

“(g) A sum of money equal to fifteen per cent of the price

of the immovable property shall be deposited by the

purchaser which the sale officer at the time of the

purchase or in case of e auction other date as

prescribed by the Sale Officer but not more than Three

days from the date of sale and in default of such deposit,

the property shall forthwith be resold:

Provided that where the decree-holder is the purchaser

and is entitled to set off the purchase money under

Clause (k), the sale officer shall dispense with the

requirement of this rule”.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

I.Y.R.KRISHNA RAO

SPECIAL CHIEF SECRETARY TO GOVERNMENT