SECTIONS | Maharashtra Co-operative Societies Act, 1960 |
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| Preamble |
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| Chapter I : PRELIMINARY |
1. | Short title, extent and commencement |
2. | Definitions |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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. |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| CHAPTER XIII-A: MAHARASHTRA STATE CO-OPERATIVE COUNCIL |
154-A. | Constitution of State Co-operative Council, its functions, etc. |
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| 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 |