| 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 |
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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 |
