Maharashtra Co-operative Societies (Second Amendment) Ordinance, 2023

Maharashtra Ordinance No. V of 2023

10th July 2023

AN ORDINANCE further to amend the Maharashtra Co-operative Societies Act, 1960. WHEREAS both Houses of the State Legislature are not in session ; AND WHEREAS the Governor of Maharashtra is satisfied that circumstances exist which render it necessary for him to take immediate action further to amend the Maharashtra Co-operative Societies Act, 1960, Mah. XXIV of 1961 for the purposes hereinafter appearing ; NOW, THEREFORE, in exercise of the powers conferred by clause (1) of article 213 of the Constitution of India, the Governor of Maharashtra is hereby pleased to promulgate the following Ordinance, namely :—

S.1 Short title and commencement

(1) This Ordinance may be called the Maharashtra Co-operative Societies (Second Amendment) Ordinance, 2023.

(2) It shall come into force at once.

S.2 Amendment of section 73 of Mah. XXIV of 1961

In section 73 of the Maharashtra Co-operative Societies Act, 1960, (hereinafter referred to as "the principal Act"), in sub-section (1A), in clause (a), for the words "three months from the date of its registration", the words "three months from the date of its registration or reconstruction, as the case may be" shall be substituted.

S.3 Amendment of section 101 of Mah. XXIV of 1961

In section 101 of the principal Act, in sub-section (1), the word "individual" shall be deleted.

S.STATEMENT

Section 19 of the Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961) provides for reconstruction of a society on application to the Registrar, after such proposal is approved at a special general meeting of such society. Clause (a) of sub-section (1A) of section 73 of the said Act provides for appointment of provisional committee to exercise the powers and perform the duties of the committee of newly registered society. However, there is no such similar provision in the said Act for appointment of provisional committee in case of reconstructed society.

Therefore, it is considered expedient to suitably amend clause (a) of sub-section (1A) of section 73 of the said Act to provide for appointment of provisional committee in case of reconstructed society.

2. Sub-section (1) of section 101 of the said Act inter alia empowers the District Central Co-operative Bank to recover the sums advanced by it to its individual members only. Therefore, in order to enable