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Bare acts > Maharashtra Co-operative Societies Act, 1960
 
 
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SECTIONS Maharashtra Co-operative Societies Act, 1960
   
  Preamble
   
  Chapter I : PRELIMINARY
1. Short title, extent and commencement
2. Definitions
   
  Chapter II : REGISTRATION
3. Registrar and his subordinates
3-A. Temporary vacancies
4. Societies which may be registered
5. Registration with limited or unlimited liability
6. Conditions of registration
7. Power to exempt societies or class of societies from conditions as to registration
8. Application for registration
9. Registration
10. Evidence of Registration
11. Power of Registrar to decide certain questions
12. Classification of societies
13. Amendment of bye-laws of society
14. Power to direct amendment of bye-laws
15. Change of name
16. Change of liability
17. Amalgamation, transfer, division or conversion of societies
18. Power to direct amalgamation, division and re-organisation in public interest, etc.
18-A. Amalgamation of co-operative banks
18-B. Amalgamation of primary agricultural credit societies
18-C. Reorganisation of societies on account of alteration of limits of local areas in which they operate
19. Reconstruction of societies
20. Partnership of societies
20-A. Collaboration by societies
21. Cancellation of registration
21-A. De-registration of societies
   
  Chapter III: MEMBERS AND THEIR RIGHTS AND LIABILITIES
22. Person who may become member
23. Open membership
24. Nominal, associate and sympathiser member
25. Cessation of membership
25-A. Removal of names of members from membership register
26. No rights of membership to be exercised till due payments are made
27. Voting powers of members
28. Restrictions on holding of shares
29. Restrictions on transfer or charge of share or interest
30. Transfer of interest on death of member
31. Share or interest not liable to attachment
32. Rights of members to see books, etc
32-A. Certain societies to give pass books to members and entries in such book evidence of amount due
33. Liability of past member and estate of deceased member
34. Insolvency of members
35. Expulsion of members
   
  Chapter IV : INCORPORATION DUTIES AND PRIVILEGES OF SOCIETIES
36. Societies to be bodies corporate
37. Address of societies
38. Register of members
39. Copy of Act, etc. to be open to inspection
40. Admissibility of copy of entry or evidence
41. Exemption from compulsory registration of instruments relating to shares and debentures of societies
42. Power to exempt from taxation power to refund
43. Restrictions on borrowings
44. Regulation of loan making policy
44-A. Limit on interest in certain cases
45. Restrictions on other transactions with non members
46. Charge and set-off in respect of share or interest of members
47. Prior claim of society
48. Charge on immovable property of members borrowing from certain societies
48-A. Deductions from sale price of certain agricultural produce to meet society's dues
49. Deduction from salary to meet Society's claim in certain cases
   
  Chapter V : STATE AID TO SOCIETIES
50. Direct partnership of State Government in societies
51. Indirect partnership of State Government in societies
52. Principal State Partnership Fund
53. Subsidiary State Partnership Fund
54. Approval of State Government for purchase of shares
55. Liability to be limited in respect of certain shares
56. Restriction on amount of dividend
57. Indemnity of Apex and Central societies
58. Disposal of share capital and dividend, etc.
59. Disposal of Principal or Subsidiary State Partnership Fund on winding up of Apex or Central society
60. Principal or Subsidiary State Partnership Fund not to form part of Assets
61. Agreement by State Government and Apex societies
62. Other forms of State aid to societies
63. Provisions of this Chapter to override other laws
   
  Chapter VI: PROPERTY AND FUNDS OF SOCIETIES
64. Funds not to be divided
65. Ascertainment and appropriation of profits
66. Reserve fund
67. Restrictions on dividend
68. Contribution to education fund of the State federal society
69. Contribution to public purposes
69-A. Contribution of Co-operative State Cadre of Secretaries of certain societies and establishment of Employment such Cadre
70. Investment of funds
71. Employees' provident fund
71-A. Funds not to be utilised for certain proceedings filed or taken by or against officers in personal capacities
   
  Chapter VII : MANAGEMENT OF SOCIETIES
72. Final authority of society
73. Committee, its powers and functions
73-IA. Election to more than one seat on committee of society including specified society
73-IB. Powers of State Government to postpone election
73-IC. Election to notified societies
73-ID. Motion of non-confidence against officers of societies
73-A. Disqualification for being designated officer simultaneously of certain categories of societies or for being designated officer of the same society for more then ten years
73-AA. Designated officer who is associate councilor to cease to be designated officer on the ceasing to be such Councillor
73-AB. Cessation of membership of committee held be virtue of office under Government etc.
73-B. Reservation of seats on committees of certain societies for Scheduled Caste, Scheduled Tribes or Other Backward Classes, De-notified, Tribes (Vimukta Jatis) Nomadic Tribes, Special Backward Classes and for members of weaker section and election thereto
73-BB. Reservation of seats for employees on committees of certain societies
73-BBB. Reservation of seats on committees of societies for women members and elections thereto
73-C. Restrictions on representation of certain class of members on committees of certain societies and for being designated officers
73-D. Society's nominee on other society not eligible to be designated officer except in a federal society
73-E. In specified societies members not having minimum number of transactions of certain monetory limits not entitled to be designated officers
73-F. Member who or whose near relation is dealing in goods for purchase of which loans are given by a society not eligible to be on its committee
73-FF. Disqualification for membership of committee
73-FFF. Eligibility for re-appointment or re-election as member of committee
73-G. Provision for conduct of elections to committees and of officers of certain societies and term of office of member of such committees
73-H. Responsibility of committee to hold election before expiry of term
74. Qualification and appointment of Manager, Secretary and other officers of societies and Chief Officer and Financial Officer for certain societies
75. Annual general meeting
76. Special general meeting
77. Acts of societies etc., not to be invalidated by certain defects
77-A. Appointment of member of committee, new committee or Administrator, where there is failure to elect member, to constitute committee or where committee does not enter upon office
78. Power of removal of committee or member, thereof
79. Registrar's power to enforce performance of obligations
79-A. Government's power to give directions in the public interest, etc
79-AA. Registrar's powers to give directions to frame regulations
79-B. Registrar's Power to remove member for failure to supply his agricultural produce to processing society
80. Registrar's power to seize records etc.
   
  Chapter VIII: AUDIT, INQUIRY, INSPECTION AND SUPERVISION
81. Audit
82. Rectification of defects in accounts
83. Inquiry by Registrar
84. Inspection of books of indebted society
85. Costs of inquiry and inspection
86. Recovery of costs
87. Registrar to bring defects disclosed in inquiry or inspection to notice of society
88. Power of Registrar to assess damages against delinquent promoters, etc.
88-A. Deposit towards fees of inquiry
89. Power to enforce, attendance etc.
89-A. Power to inspect working of society
90. Constitution or recognition of federal authority to supervise working of societies
   
  CHAPTER IX: SETTLEMENT OP DISPUTES
91. Disputes
91-A. Constitution of Co-operative Courts
92. Limitation
93. Transfer of disputes from one Co-operative Court to another and suspension of proceedings in certain cases
94. Procedure for settlement of disputes and power of Co-operative Court
95. Attachment before award or orders and interlocutory orders
96. Decision of Co-operative Court
97. Appeal against decision under section 96 and Order under section 95
98. Money how recovered
99. Private transfer of Property made after issue of certificate void against society
100. Transfer of property which cannot be sold
101. Recovery of arrears due to certain societies as arrears of land revenue
   
  Chapter X: LIQUIDATION
102. Winding up
103. Appointment of Liquidators
104. Appeal against order of winding up
105. Powers of Liquidator
106. Effect of order of winding up
107. Bar of suit in winding up and dissolution matters
108. Audit of Liquidator's accounts
109. Termination of liquidation proceedings
110. Disposal of surplus assets
   
  CHAPTER XA: INSURED CO-OPERATIVE BANK
110-A. Order for winding up, reconstruction, supersession of committee, etc., of insured Co-operative bank, not to be made without sanction or requisition of Reserve Bank of India
   
  CHAPTER XI : AGRICULTURE AND RURAL DEVELOPMENT BANKS
111. Application of Chapter XI of Agriculture and Rural Development Banks
112. State and other Agriculture and Rural Development Banks
112-A. District Loan Committee, its term of office of delegates casual vacancies, powers of such committee, etc.
112-AA. Election of delegate as member of Agriculture and Rural Development Bank from City of Bombay District and Bombay Suburban District
112-B. General Body and committee of State Agriculture and Rural Development Bank
112-C. Deleted
113. Appointment, powers and functions of Trustee
114. Issue of debentures
115. Guarantee by State Government
116. Vesting of property in Trustee and Debenture holders charge on assets
117. Powers of Agriculture and Rural Development Banks to advance loans and to hold lands
118. Deleted
119. Order granting loan conclusive on certain matters
120. Priority of mortgage
121. Mortgages and other instruments executed in favour of an Agriculture and Rural Development Bank to stand vested in State Agriculture and Rural Development Bank
122. Registration of mortgage lease etc. executed in favour of Agriculture and Rural Development Banks
123. Mortgages and other instruments not to be questioned on insolvency of mortgagors or executants
124. Deleted
125. Mortgages and other instruments executed by managers of joint Hindu families
126. Section 8 of Act XXXII of 1956 to apply to mortgages and other instruments to an Agriculture and Rural Development Banks, subject to certain modification
127. Restrictions on lease
128. Agriculture and Rural Development Bank to receive money and give Discharge
129. Powers of Agriculture and Rural Development Bank where mortgaged property is destroyed or security becomes insufficient
130. Right of Agriculture and Rural Development Banks to buy mortgaged property
131. Recovery of loans by development banks
132. Powers to distraint
133. Sale of mortgaged property
133-A. Mortgaged or encumbered property of Tribal and to be sold to non-Tribal at public auction under section 133
134. Confirmation of sale
135. Disposal of sale-proceeds
136. Certificate to purchase, delivery of property and title of purchase
137. Recovery of loans on certificate by Registrar
138. Mode of recovery by Collector
139. Officers or members of family not to bid at auction sales
140. Section 40 of Bom. XXVIII of 1947 not to apply to alienation in favour of Agriculture and Rural Development Bank
141. Provision for Guarantee funds to meet certain losses
142. Registrar's power to permit any society or Class of societies to function as an Agriculture and Rural Development Bank
143. Service of notice
143-A. Transfer of rights and liabilities of Government in respect of schemes sanctioned under Bom. XXVIII of 1942
144. Power to Committee of State Agriculture and Rural Development Bank to supervise Agriculture and Rural Development Banks and make regulations
144-IA. Reorganisation, amalgamation or division of Agriculture and Rural Development Banks, in public interest
144-IB. Deleted
  CHAPTER XI-A: ELECTIONS OF COMMITTEES AND OFFICERS OF CERTAIN SOCIETIES
144-A. Application of this Chapter and definitions
144-B. When elections to be held
144-C. Conduct of elections
144-D. Cost of conducting elections
144-E. Disqualifications for membership
144-F. Account of election expenses, maximum thereof and lodging of account
144-G. Disqualification for failure to lodge account of election expenses
144-H. Removal or reduction of period of disqualification
144-I. Corrupt practices
144-J. Maintenance of secrecy of voting
144-K. Officers etc., at elections not to act for candidates or to influence voting
144-L. Prohibition of canvassing in or near polling station
144-M. Penalty for disorderly conduct in or near polling stations
144-N. Penalty for misconduct at the polling station
144-O. Penalty for illegal hiring or procuring of conveyances at elections
144-P. Breaches of official duty in connection with election
144-Q. Removal of ballot papers from polling station to be an offence
144-R. Other offences and penalties therefore
144-S. Application of section 148 to offences under this Chapter subject to certain modifications
144-T. Disputes relating to elections to be submitted to the Commissioner or other specified officer
144-U. Deposit towards costs for hearing and power to award costs for hearing and power to award costs
144-V. Contents of petition
144-W. Relief that may be claimed by the petitioner
144-X. Power to make rules for purposes of this chapter
144-Y. Special provision for election of officers of specified societies
   
  Chapter XII: OFFENCES AND PENALTIES
145. Prohibition of use of the words
146. Offences
147. Punishments for offences under section 146
148. Cognizance of offences
148-A. Contempt of Co-operative Courts and of Co-operative Appellate Court
   
  Chapter XIII: APPEALS, REVIEW AND REVISION
149. Maharashtra State Co-operative Appellate Court
150. Review of orders of Co-operative Appellate Court
151. Co-operative Appellate Court to have power of Civil Court
152. Appeals
152-A. Appeal against rejection of nomination paper at election
153. Extension of period of limitation by appellate authority in certain cases
154. Revisionary powers of State Government and Registrar
   
  CHAPTER XIII-A: MAHARASHTRA STATE CO-OPERATIVE COUNCIL
154-A. Constitution of State Co-operative Council, its functions, etc.
   
  Chapter XIV: MISCELLANEOUS
155. Recovery of sums due to Government
156. Registrar's powers to recover certain sums by attachment and sale of Property
157. Power to exempt societies from provisions of Act
158. Delegation of power of Registrar to certain authorities and officer
159. Branches, etc. of societies outside the State
160. Handing over records and property to new Chairman on election
160-A. Members of State Legislature and certain local authorities not to b remunerated while holding certain offices in societies
160-B. Members of committees not entitled to travelling allowance, daily allowance, etc. a t a rate higher than the maximum prescribed
161. Registrar and other officers to be public servants
162. Indemnity for acts done in good faith
163. Bar of jurisdiction of Courts
164. Notice necessary in suits
165. Rules
166. Repeal, saving and construction
167. Companies Act not to apply
 
 
 

 

 

 

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