MAHARASHTRA CO-OPERATIVE SOCIETIES ACT, 1960

MAHARASHTRA CO-OPERATIVE SOCIETIES ACT, 1960

S.1 Short title, extent and commencement

S.2 Definitions

S.3 Registrar and his subordinates

S.3(a) Temporary vacancies

S.4 Societies which may be registered

S.5 Registration with limited or unlimited liability

S.6 Conditions of registration

S.7 Power to exempt societies or class of societies from conditions as to registration

S.8 Application for registration

S.9 Registration

S.10 Evidence of Registration

S.11 Power of Registrar to decide certain questions

S.12 Classification of societies

S.13 Amendment of bye-laws of society

S.14 Power to direct amendment of bye-laws

S.15 Change of name

S.16 Change of liability

S.17 Amalgamation, transfer, division or conversion of societies

S.18 Power to direct amalgamation, division and reorganisation in public interest, etc.

S.18(a) Amalgamation of co-operative banks

S.18(b) Amalgamation of primary agricultural credit societies

S.18(c) Reorganisation of societies on account of alteration of limits of local areas in which they operate

S.19 Reconstruction of societies

S.20 Partnership of societies

S.20(a) Collaboration by societies

S.21 Cancellation of registration

S.21(a) De-registration of societies

S.22 Person who may become member

S.23 Open membership

S.24 Nominal, associate and sympathiser member

S.25 Cessation of membership

S.25(a) Removal of names of members from membership register

S.26 No rights of membership to be exercised till due payments are made

S.27 Voting powers of members

S.28 Restrictions on holding of shares

S.29 Restrictions on transfer or charge of share or interest

S.30 Transfer of interest on death of member

S.31 Share or interest not liable to attachment

S.32 Rights of members to see books, etc.

S.32(a) Certain societies to give pass books to members and entries in such book evidence of amount due

S.33 Liability of past member and estate of deceased member

S.34 Insolvency of members

S.35 Expulsion of members

S.36 Societies to be bodies corporate

S.37 Address of societies

S.38 Register of members

S.39 Copy of Act, etc. to be open to inspection

S.40 Admissibility of copy of entry or evidence

S.41 Exemption from compulsory registration of instruments relating to shares and debentures of societies

S.42 Power to exempt from taxation power to refund

S.43 Restrictions on borrowings

S.44 Regulation of loan making policy

S.44(a) Limit on interest in certain cases

S.45 Restrictions on other transactions with non members

S.46 Charge and set-off in respect of share or interest of members

S.47 Prior claim of society

S.48 Charge on immovable property of members borrowing from certain societies

S.48(a) Deductions from sale price of certain agricultural produce to meet society's dues

S.49 Deduction from salary to meet Society's claim in certain cases

S.50 Direct partnership of State Government in societies

S.51 Indirect partnership of State Government in societies

S.52 Principal State Partnership Fund

S.53 Subsidiary State Partnership Fund

S.54 Approval of State Government for purchase of shares

S.55 Liability to be limited in respect of certain shares

S.56 Restriction on amount of dividend

S.57 Indemnity of Apex and Central societies

S.58 Disposal of share capital and dividend, etc.

S.59 Disposal of Principal or Subsidiary State Partnership Fund on winding up of Apex or Central society

S.60 Principal or Subsidiary State Partnership Fund not to form part of assets

S.61 Agreement by State Government and Apex societies

S.62 Other forms of State aid to societies

S.63 Provisions of this Chapter to override other laws

S.64 Funds not to be divided

S.65 Ascertainment and appropriation of profits

S.66 Reserve fund

S.67 Restrictions on dividend

S.68 Contribution to education fund of the State federal society

S.69 Contribution to public purposes

S.69(a) Contribution of Co-operative State Cadre of Secretaries of certain societies and establishment of Employment such Cadre

S.69(b) Constitution of District Level and State Level Committees

S.70 Investment of funds

S.71 Employees' provident fund

S.71(a) Funds not to be utilised for certain proceedings filed or taken by or against officers in personal capacities

S.72 Final authority of society

S.72(a) Freedom of affiliation or disaffiliation with a federal structure of choice

S.73 Committee, its powers and functions

S.73(i)(a) Election to more than one seat on committee of society including specified society

S.73(i)(b) Powers of State Government to postpone election

S.73(i)(c) Election to notified societies

S.73(i)(d) Motion of non-confidence against officers of societies

S.73(a) Designated officer who is associate councillor to cease to be designated officer on the ceasing to be such Councillor

S.73(a)(b) Cessation of membership of committee held be virtue of office under Government etc.

S.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

S.73(b)(b) Reservation of seats for employees on committees of certain societies

S.73(b)(b)(b) Reservation of seats on committees of societies for women members and elections thereto

S.73(c) Restrictions on representation of certain class of members on committees of certain societies and for being designated officers

S.73(d) Society's nominee on other society not eligible to be designated officer except in a federal society

S.73(e) In specified societies members not having minimum number of transactions of certain monetory limits not entitled to be designated officers

S.73(e)(a) Disqualification for being director of director central Co-operative bank or State Co-operative Bank

S.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

S.73(f)(f) Disqualification for membership of committee

S.73(f)(f)(f) Eligibility for re-appointment or re-election as member of committee

S.73(g) Provision for conduct of elections to committees and of officers of certain societies and term of office of member of such committees

S.73(h) Responsibility of committee to hold election before expiry of term

S.74 Qualification and appointment of Manager, Secretary and other officers of societies and Chief Officer and Financial Officer for certain societies

S.75 Annual general meeting

S.76 Special general meeting

S.77 Acts of societies etc., not to be invalidated by certain defects

S.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

S.78 Power of removal of committee or member, thereof

S.79 Registrar's power to enforce performance of obligations

S.79(a) Government's power to give directions in the public interest, etc.

S.79(a)(a) Registrar's powers to give directions to frame regulations

S.79(b) Registrar's Power to remove member for failure to supply his agricultural produce to processing society

S.80 Registrar's power to seize records etc.

S.81 Audit

S.82 Rectification of defects in accounts

S.83 Inquiry by Registrar

S.84 Inspection of books of indebted society

S.85 Costs of inquiry and inspection

S.86 Recovery of costs

S.87 Registrar to bring defects disclosed in inquiry or inspection to notice of society

S.88 Power of Registrar to assess damages against delinquent promoters, etc.

S.88(a) Deposit towards fees of inquiry

S.89 Power to enforce, attendance etc.

S.89(a) Power to inspect working of society

S.90 Constitution or recognition of federal authority to supervise working of societies

S.91 Disputes

S.91(a) Constitution of Co-operative Courts

S.92 Limitation

S.93 Transfer of disputes from one Co-operative Court to another and suspension of proceedings in certain cases.

S.94 Procedure for settlement of disputes and power of Co-operative Court

S.95 Attachment before award or orders and interlocutory orders

S.96 Decision of Co-operative Court

S.97 Appeal against decision under section 96 and Order under section 95

S.98 Money how recovered

S.99 Private transfer of Property made after issue of certificate void against society

S.100 Transfer of property which cannot be sold

S.101 Recovery of arrears due to certain societies as arrears of land revenue

S.102 Winding up

S.103 Appointment of Liquidators

S.104 Appeal against order of winding up

S.105 Powers of Liquidator

S.106 Effect of order of winding up

S.107 Bar of suit in winding up and dissolution matters

S.108 Audit of Liquidator's accounts

S.109 Termination of liquidation proceedings

S.110 Disposal of surplus assets

S.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

S.111 Application of Chapter XI of Agriculture and Rural Development Banks

S.112 State and other Agriculture and Rural Development Banks

S.112(a) District Loan Committee, its term of office of delegates casual vacancies, powers of such committee, etc.

S.112(a)(a) Election of delegate as member of Agriculture and Rural Development Bank from City of Bombay District and Bombay Suburban District

S.112(b) General Body and committee of State Agriculture and Rural Development Bank

S.112(c) [Deleted]

S.113 Appointment, powers and functions of Trustee

S.114 Issue of debentures

S.115 Guarantee by State Government

S.116 Vesting of property in Trustee and Debenture holders charge on assets

S.117 Powers of Agriculture and Rural Development Banks to advance loans and to hold lands

S.118 [Deleted]

S.119 Order granting loan conclusive on certain matters

S.120 Priority of mortgage

S.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

S.122 Registration of mortgage lease etc. executed in favour of Agriculture and Rural Development Banks

S.123 Mortgages and other instruments not to be questioned on insolvency of mortgagors or executants

S.124 [Deleted]

S.125 Mortgages and other instruments executed by managers of joint Hindu families.

S.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

S.127 Restrictions on lease

S.128 Agriculture and Rural Development Bank to receive money and give discharge

S.129 Powers of Agriculture and Rural Development Bank where mortgaged property is destroyed or security becomes insufficient

S.130 Right of Agriculture and Rural Development Banks to buy mortgaged property

S.131 Recovery of loans by development banks

S.132 Powers to distraint

S.133 Sale of mortgaged property

S.133(a) Mortgaged or encumbered property of Tribal and to be sold to non-Tribal at public auction under section 133

S.134 Confirmation of sale

S.135 Disposal of sale-proceeds

S.136 Certificate to purchase, delivery of property and title of purchase

S.137 Recovery of loans on certificate by Registrar

S.138 Mode of recovery by Collector

S.139 Officers or members of family not to bid at auction sales

S.140 Section 40 of Bom. XXVIII of 1947 not to apply to alienation in favour of Agriculture and Rural Development Bank

S.141 Provision for Guarantee funds to meet certain losses

S.142 Registrar's power to permit any society or Class of societies to function as an Agriculture and Rural Development Bank

S.143 Service of notice

S.143(a) Transfer of rights and liabilities of Government in respect of schemes sanctioned under Bom. XXVIII of 1942

S.144 Power to Committee of State Agriculture and Rural Development Bank to supervise Agriculture and Rural Development Banks and make regulations

S.144(i)(a) Reorganisation, amalgamation or division of 2[Agriculture and Rural Development Banks,] in public interest

S.144(i)(b) [Deleted]

S.144(a) Application of this Chapter and definitions

S.144(b) When elections to be held

S.144(c) Conduct of elections

S.144(d) Cost of conducting elections

S.144(e) Disqualifications for membership

S.144(f) Account of election expenses, maximum thereof and lodging of account

S.144(g) Disqualification for failure to lodge account of election expenses

S.144(h) Removal or reduction of period of disqualification

S.144(i) Corrupt practices

S.144(j) Maintenance of secrecy of voting

S.144(k) Officers etc., at elections not to act for candidates or to influence voting

S.144(l) Prohibition of canvassing in or near polling station

S.144(m) Penalty for disorderly conduct in or near polling stations

S.144(n) Penalty for misconduct at the polling station

S.144(o) Penalty for illegal hiring or procuring of conveyances at elections

S.144(p) Breaches of official duty in connection with election

S.144(q) Removal of ballot papers from polling station to be an offence

S.144(r) Other offences and penalties therefor

S.144(s) Application of section 148 to offences under this Chapter subject to certain modifications

S.144(t) Disputes relating to elections to be submitted to the Commissioner or other specified officer

S.144(u) Deposit towards costs for hearing and power to award costs for hearing and power to award costs

S.144(v) Contents of petition

S.144(w) Relief that may be claimed by the petitioner

S.144(x) Power to make rules for purposes of this chapter

S.144(y) Special provision for election of officers of specified societies

S.145 Prohibition of use of the words

S.146 Offences

S.147 Punishments for offences under section 146

S.148 Cognizance of offences

S.148(a) Contempt of Co-operative Courts and of Co-operative Appellate Court

S.149 Maharashtra State Co-operative Appellate Court

S.150 Review of orders of Co-operative Appellate Court

S.151 Co-operative Appellate Court to have power of Civil Court

S.152 Appeals

S.152(a) Appeal against rejection of nomination paper at election

S.153 Extension of period of limitation by appellate authority in certain cases

S.154 Revisionary powers of State Government and Registrar

S.154(a) Constitution of State Co-operative Council, its functions, etc.

S.155 Recovery of sums due to Government

S.156 Registrar's powers to recover certain sums by attachment and sale of property

S.157 Power to exempt societies from provisions of Act

S.158 Delegation of power of Registrar to certain authorities and officer

S.159 Branches, etc. of societies outside the State

S.160 Handing over records and property to new Chairman on election

S.160(a) Members of State Legislature and certain local authorities not to be remunerated while holding certain offices in societies

S.160(b) Members of committees not entitled to travelling allowance, daily allowance, etc. at a rate higher than the maximum prescribed

S.161 Registrar and other officers to be public servants

S.162 Indemnity for acts done in good faith

S.163 Bar of jurisdiction of Courts

S.164 Notice necessary in suits

S.165 Rules

S.166 Repeal, saving and construction

S.167 Companies Act not to apply

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