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Bare acts > Maharashtra Co-operative Societies Act, 1960 > Section 73A
 
  


 

73A. 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.- (1) In this section and in sections 73C, 73D and 73E, "a designated officer" means the Chairman and the President, and includes any other officer of the society as may be declared by the State Government, by notification in the Official Gazette, to be a designated officer, but does not include, any officer appointed or nominated by the State Government or by the Registrar.


(2) No person shall at the same time, be or continue to be a designated officer of more than one society falling in Category I or Category II or Category III of the categories mentioned below; and shall not be or continue to be a designated officer in more than two societies in the aggregate in the three categories:-


Category I.-Societies, the area of operation of which extends to the whole of the state.

Category II.--Societies, the area of operation of which does not extend the whole of the State,--


(a) but extends to at least one whole district irrespective of their authorised share capital; or


(b) but extends to areas comprised in part of parts in one or more districts and the authorised share capital of which is more than Rs. 10 lakhs.

Category III.-Societies, the area of operation of which does not extend to one whole district but extends at least to one whole taluka, or the authorised share capital of which is not more than Rs. 10 lakhs but is not less than Rs. 5 lakhs.


Explanation.--For the purpose of this sub-section, the expression "society" shall not include a society with no share capital and a society not engaged in commercial activities.

(2A) If any question arises whether or not a society falls under any of the categories referred to in sub-section (2), such question shall be referred to and decided by the Registrar and his decision shall be final.


(3) Sub-section (3) was deleted by Mah. 20 of 1986, s. 29 (b).

(4) If any person becomes, at the same time, a designated officer of societies, in excess of the number prescribed under sub-section (2), unless he resigns his office in the society or societies in excess of the said number within a period of ten days from the date on which he is elected or appointed a designated officer of more than the permissible number of society or societies, or if the elections-or appointments are held or made simultaneously, from the date on which the result of last of such elections or appointments is declared, he shall, at the expiration of the said period of ten days, cease to be a designated officer of all such societies 10 and thereupon, notwithstanding anything contained in any other provisions of this Act, a person so resigning or ceasing to be a designated officer of any or all such societies shall not be eligible for being reelected or re-appointed as a designated officer of such society or societies during the remainder of the term of office for which he was so elected or appointed; and at no point of time such person shall be a designated officer of societies in excess of the number prescribed under sub-section (2).

(5) No person shall be, or shall continue to be, a designated officer of any society of any of the categories referred to in sub-section (2), for a period of more than ten years in the aggregated and at the expiration of that period any such person shall cease to be a designated officer of that society, and shall not be eligible for being re-elected or reappointed as a designated officer, until period of one term of the committee has elapsed after completion of the aforesaid period of ten years.


Explanation.--For the purpose of this sub-section,--

(a) in calculating the aggregate, period of ten years in office, any period for which the person concerned may have been such officer, before the commencement of the Maharashtra Co-operative Societies (Second Amendment) Act, 1969, shall be ignored;

(b) if any person resigns his office as a designated officer at any time within twelve months of the date on which the aggregate, period of ten years would, but for his resignation, have been completed, he shall be deemed to have completed the period ten years on his resignation.


(6) No member of the Council of Ministers shall be, or continue to be, a designed officer of any society of any of the categories referred to in sub-section (2):

Provided that, nothing in this sub-section shall affect any member of the Council of Ministers who is a designated officer of any such society on the date of commencement of the Maharashtra Co-operative Societies (Second Amendment) Act, 1985; and he shall continue to hold office till completion of his term, unless he resigns or vacates the office of such designated officer for any reason whatsoever before the expiry of his term as such designated officer.

 

 

 

 

 

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