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Bare acts > Maharashtra Co-operative Societies Act, 1960 > Section 112A
 
  


 


112A. District Loan Committee, its term of office of delegates casual vacancies, powers of such committee, etc.-
(1) Notwithstanding anything contained in this Act, or in the rules made thereunder, or in the bye-laws of the State Agriculture and Rural Development Bank

(a) There shall be a District Loan Committee for each District excluding the City of Bombay District and Bombay Suburban District.


(b) Every District Loan Committee shall consist of the following that is to say,-

(i) delegates to be elected one each from every taluka in district;.

(i-a) two members, one from the persons belonging to the scheduled castes or Scheduled Tribes and one from the persons belonging to the weaker section, who shall be elected from the District;


(ii) the District Deputy Registrar of Co-operative Societies of the concerned district, exofficio;

(iii) the Divisional Officer of the State Agriculture and Rural Development Bank of the concerned division, ex-officio;


(iv) the Manager of the District Co-operative Agriculture and Rural Multipurpose Development Bank, ex-officio”.


Provided that, in a district, where there are more than seven talukas and before the date of commencement of the Maharashtra Co-operative Societies (Amendment) Act, 1993, the elections to elect seven delegates on the District Loan Committee as provided by subclause (i), as it existed then, have already been held, the State Government shall nominate on such Committee, such additional number of delegates as may be necessary from the talukas from which no delegates are elected, so as to bring the total number of the delegates equal to the number of talukas in such district:

Provided further that, after having held the election as aforesaid, the two members to be nominated by the Registrar under sub-clause (i-a), as it existed then, have not yet been nominated by the Registrar, then the Registrar shall nominate such two members:

Provided also that, the term of office of all such nominated members shall be co-terminus with the term of office of the seven such delegates so elected:


Provided also that, at any election held after the commencement of the Maharashtra Cooperative Societies (Amendment) Act, 1993, any member of the State Agriculture and Rural Development Bank in the District belonging to the Scheduled Castes or Scheduled Tribes, or, as the case may be weaker section, shall be eligible to contest such election;


Explanation:- For the purpose of sub-clause (i-a) the provision of clause (b), and of any order issued under clause (c) of the Explanation to section 73B shall apply in relation to the members to be elected thereunder.


(c) The delegates or members to be elected under sub-clauses (i) and (ia) of clause (b) shall be elected by direct election, by the members of the State Agriculture and Rural Development Bank.;


(d) Save as otherwise provided in this section, every election to elect delegates and members shall be subject to the provisions of Chapter XI-A and shall be conducted in the manner laid down by or under that Chapter:


Provided that, reference to an election of a member of members of the Committee of a specified society in that Chapter or the rules made thereunder shall be deemed to be a reference to an election of 12 (delegates or members referred to in clause (b).


(2) Every District Loan Committee shall have a Chairman, who shall be elected by the elected delegates and members thereof from amongst themselves.

(3) Within fifteen days from the date of election of the delegates and the members under sub-section (1) an officer authorised by the Collector in that behalf shall convene the first meeting of the delegates and members for election of a Chairman. The officer so authorised shall preside over such meeting, but shall not have the right to vote.


(4) The term of office of members other than ex-officio members of a District Loan Committee shall be for a period of five years and shall be deemed to commence on the date of the first meeting referred to in sub-section (3) and the term of office of the Chairman shall be coterminous with the term of such members and on expiry of their term they shall be deemed to have vacated their offices.

(5) A causal vacancy of an elected delegate, member or Chairman occurring in the District Loan Committee due to any reason whatsoever shall be filled by election as soon as may be practicable after the occurrence of the vacancy:


Provided that, if the vacancy occurs within four months preceding the date on which the term of such delegate, or as the case may be, member expires, the vacancy shall not, unless the Registrar otherwise directs, be filled:


Provided further that, the delegate, member or Chairman elected to fill a vacancy shall hold office so long as [the delegate, member or Chairman in whose place he is elected would have held office, if the vacancy had not occurred.

(6) The District Loan Committee shall have the power to sanction by itself or to recommend for sanction by the committee of the State Agriculture and Rural Development Bank, as the case may be, loans to such extent and for such purposes as the committee of the State Agriculture and Rural Development Bank may, from time to time, specify, and shall also perform such other functions as that committee may, from time to time entrust to it.


(7) The provision of sections 73-ID, 73A, 73-FF, 77A, 78, clauses (j) and (k) of section 146, (j) and (k) of section 147, sections 160A and 160B shall apply mutatis mutandis to the District Loan Committee as they apply in relation to a committee of a society.

 

 

 

 

 

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