The Maharashtra Cooperative Societies Act 1960

Chapter: VII – MANAGEMENT OF SOCIETIES
Section 72 to 73H
Section 72 - Final authority of society

Subject to the provisions in this Act and the rules, the final authority of every society shall vest in the general body of members in general meeting, summoned in such a manner as may be specified in the by-laws.

1 Section 73 was renumbered assub-section (1) of that section andsub-section (2) was inserted, by Mah. 20 of 1986, s. 27. [Where the by-laws of a society so provide, the general meeting shall be attended by delegates appointed by the members, and such meeting shall be deemed to be the meeting of the general body, for the purpose of exercising all the powers of the general body.]

Footnote:

1. This portion was added, by Mah. 3 of 1974, s. 13.

Section 73 - Committee, its powers and functions

1 Section 73 was renumbered assub-section (1) of that section andsub-section (2) was inserted, by Mah. 20 of 1986, s. 27. (1) The management of every society shall vest in a committee, constituted in accordance with this Act, the rules and by-laws, which shall exercise such powers and perform such duties as may be conferred or imposed respectively by this Act, the rules and the by-laws.

2 Sub-section (1AB) was inserted by Mah. 41 of 2000, s. 3, (w.e.f. 23-8-2000).. (1AB) The members of the committee shall be jointly and severally responsible for all the decisions taken by the committee during its term relating to the business of the society. The members of the committee shall be jointly and severally responsible for all the acts and omissions detrimental to the interest of the society. Every such member shall execute a bond to that effect within fifteen days of his assuming the office, in the form as specified by the State Government by general or special order. The member who fails to execute such bond within the specified period shall be demand to have vacated his office as a member of the committee:

Provided that, before fixing any responsibility mentioned above, the Registrar shall inspect the records of the society and decide as to whether the losses incurred by the society are on account of acts or omissions on the part of the members of the committee or on account of any natural calamities, accident or any circumstances beyond the control of such members:

Provided further that, any member of the committee, who does not agree with any of the resolution or decision of the committee, may express his dissenting opinion which shall be recorded in the proceedings of the meeting and such member shall not be held responsible for the decision embodied in the said resolution or such acts or omissions committed by the committee of that society as per the said resolution. Such dissenting member, if he so desires, may also communicate in writing his dissenting note to the Registrar within seven days from the date of the said resolution or decision. Any member, who is not present for the meeting in which the business of the society is transacted, and who has not subsequently confirmed the proceedings of that meeting, such member shall also not be held responsible for any of the business transacted in that meeting of the society.

3 Sub-section (1A) was inserted by Mah. 13 of 1994 (1A) Notwithstanding anything contained in this Act, the rules made thereunder or in the bye-laws of any society or class of societies,–

(a)the first general meeting of a society shall be convened within three months from the date of its registration to appoint a provisional committee and to transact other business as may be prescribed.The term of the members of such provisional committee shall be for a period of one year from the date on which it has been first appointed or till the date on which a regular committee is duly constituted in accordance with the provisions of the rules or bye-laws made under this Act, whichever is earlier; and all the members of such provisional committee shall vacate office on the date of expiry of such period or such constitution of the committee.

(b)notwithstanding anything contained in clause (a), the provisional committees for the Co-operative Sugar Factories and Co-operative Spinning Mills and such other class of societies, as the State Government may, by special or general order, in the Official Gazette, specify in this behalf, shall be appointed by the State Government:

and the members thereof shall hold office for a period of three years, which period may be extended by one year, at a time, so however that, the total period shall not exceed five years, in the aggregate:

Provided that, the State Government shall have the power to change or reconstitute such committee or, any or all members thereof at its discretion even before the expiry of the period for which a member or members were nominated thereon:

Provided further that, the member or members assuming office on such change or reconstitution of the committee shall hold office for the period for which the provisional committee has been appointed under this clause.

(c)pending the first constitution of the committee of a society, the provisional committee of the society shall exercise the powers and perform the duties of the committee of such society as provided in this Act, the rules and bye-laws and make necessary arrangements for holding election of the committee, before the expiry of its term.]

4 Section 73 was renumbered as sub-section (1)of thatsection and sub-section (2) was inserted, by Mah. 20 of 1986, s. 27. (2) Notwithstanding anything contained in any by-laws of a society or class of societies, the Registrar may, having regard to the area of operation, subscribed share capital or turnover of a society or class of societies, by general or special order, published in the Official Gazette, prescribed the maximum number of members on the committee of such society or class of societies, as may be specified in such order.

5 Sub-section 3 was inserted by Mah. 37 of 1986,s. 2. (3)(a) Notwithstanding anything contained in this Act or the rules made thereunder or in the bye-laws of any society or any other law for the time being in force,in a general election of members of the committee of a society, on the,election of two-thirds or more number of members, the returning officer or any other officer or authority conducting such election shall within seven days after the declaration of results of the election of such members, or where such election is held before the date of commencement of the Maharashtra Co-operative Societies(Second Amendment) Act, 1986, and such number of members have been elected but the committee has, for whatever reason, not been so far constituted, forward their names together with their permanent addresses to the Registrar, who shall, within fifteen days from the date of receipt thereof by him publish or cause to be published such names and addresses by affixing a notice on the Notice Board or at any prominent place in his office; and upon such publication, the committee of the society shall be deemed to be duly constituted. In determining two-thirds of the number of members, a fraction shall be ignored:

Provided that, such publication shall not be deemed–

  1. (i)to preclude the completion of election of the remaining members and the publication of their names and permanent addresses of the elected members likewise as and when they are available; or
  1. (ii)to effect the term of the office of members of the committee under the Act.
  1. (b)The names of the remaining members, after they are elected (together with their permanent addresses), may also thereafter be likewise published by the Registrar.
Footnote:

1. Section 73 was renumbered assub-section (1) of that section andsub-section (2) was inserted, by Mah. 20 of 1986, s. 27.

2. Sub-section (1AB) was inserted by Mah. 41 of 2000, s. 3, (w.e.f. 23-8-2000).

3. Sub-section (1A) was inserted by Mah. 13 of 1994

4. Section 73 was renumbered as sub-section (1)of thatsection and sub-section (2) was inserted, by Mah. 20 of 1986, s. 27.

5. Sub-section 3 was inserted by Mah. 37 of 1986,s. 2.

1 Section 73-1A was inserted by Mah. 45 of 1983, s. 3. Section 73IA - Election to more than one seat on committee of society including specified society

If a person is elected to more than one seat on the committee of a society including a society belonging to any of the categories specified in section 73-G, then, unless within a period of fifteen days from the date of declaration of the result of the elections he resigns all but one of the seats by writing under his hand addressed to the Election Officer, or as the case may be, the Collector, all the seats shall become vacant. On receipt of such resignation or on the seats becoming vacant as aforesaid, the Election Officer, or as the case may be, the Collector shall2 This portion was substituted by Mah. 34 of 2001 (w.e.f. 7-9-2001) s. 5. [hold a meeting of the committee for filling the vacancy by way of co-option.]

Footnote:

1. Section 73-1A was inserted by Mah. 45 of 1983, s. 3.

2. This portion was substituted by Mah. 34 of 2001 (w.e.f. 7-9-2001) s. 5.

1 Section 73 - 1B to 73 -ID were inserted by Mah. 20 of 1986, s. 28. Section 73IB - Powers of State Government to postpone election

Where due to scarcity, drought, flood, fire, or any other natural calamity or rainy season or any election programme, of the State Legislative Assembly or Council or the House of the People or a local authority coinciding with the election programme of any society or class of societies or such other reasons as, in the opinion of the State Government, are exceptional, it is not in the public interest to hold elections to any society or class of societies, the State Government may, notwithstanding anything contained in this Act, or in any rules, or bye-laws made thereunder, or any other law for the time being in force, for reasons to be recorded in writing, by general or special order, postpone the election of any society or class or societies, for a period not exceeding six months at a time which period may further be extended so, however, that the total period shall not exceed one year in the aggregate.

Footnote:

1. Section 73 – 1B to 73 -ID were inserted by Mah. 20 of 1986, s. 28.

1 Section 73 - 1B to 73 -ID were inserted by Mah. 20 of 1986, s. 28. Section 73IC - Election to notified societies

(1) Where the State Government is satisfied that, having regard to the objects of the society or class of societies (other than the societies specified by or under section 73G), or composition of membership thereof, or proper management and the interest of the members, it is necessary in the public interest to hold elections to any society or class of societies, the State Government may, notwithstanding anything contained in this Act, or in any rules, or bye-laws made thereunder, or in any other law for the time being in force, by general or special order, notify in the Official Gazette, such society or class of societies and the election to such society or class of societies shall be held by the Registrar in the prescribed manner.

(2) The Registrar shall recover the expenses of holding election to any such society or class of societies as is referred to in sub-section (1), in the prescribed manner.

Footnote:

1. Section 73 – 1B to 73 -ID were inserted by Mah. 20 of 1986, s. 28.

Section 73ID - Motion of non-confidence against officers of societies

(1) A President Vice President, Chairman, Vice-Chairman, secretary, treasurer or any other officer by whatever designation called who hold office by virtue of his election to that office shall cease to be such President, Vice-President, Chairman, Vice-Chairman, Secretary, treasurer or any other officer, as the case may be, if a motion of no-confidence is passed at a meeting of the committee by 1 Substituted for the words “Simple majority” by Mah. 4 of 2001, (w.e.f. 14 – 8 – 2000). [two-third majority] of the total number of committee members who are 2 These words were substituted for the words “for the time being entitled to sit and vote of any me eting of the committee” by Mah. 7 of 1997, s. 6. [entitled to vote at the election of such President, Vice President, Chairman, Vice-Chairman, Secretary, Treasurer or any other officer] and the office of such President, Vice-President, Chairman, Vice-Chairman, secretary, treasurer or any other officer, as the case may be, shall thereupon be deemed to be vacant.

(2) The requisition for such special meeting shall be signed by not less than one-third of the total number of members of the committee who are 1 Substituted for the words "Simple majority" by Mah. 4 of 2001, (w.e.f. 14 – 8 – 2000) [entitled to elect the President, Vice-President, Chairman, Vice-Chairman, Secretary, Treasurer or any other officer, as the case may be, of the committee] and shall be delivered to the Registrar. The requisition shall be made in such form and in such manner as may be prescribed:

Provided that, no such requisition for a special meeting shall be made within a period of six months from the date on which any of the officers referred to in sub-section ( 1)has entered upon his office.

(3) The Registrar shall, within seven days from the date of receipt of the requisition under sub-section (2), convene a special meeting of the committee. The meeting shall be held on a date not later than fifteen days from the date of issue of the notice of the meeting.

(4) The meeting shall be presided over by the Registrar or such officer not below the rank of an Assistant Registrar of Co-operative Societies authorised by him in this behalf. The Registrar or such officer shall, when presiding over such meeting, have the same powers as the President or Chairman when presiding over a committee meeting has, but shall not have the right to vote.

(5) The meeting called under this section shall not, for any reason, be adjourned.

(6) The names of the committee members voting for and against the motion shall be read in the meeting and recorded in the minute book of committee meetings.

(7) If the motion of no-confidence is rejected, no fresh motion of no- confidence shall be brought before the committee within a period of3 These words were substituted for the words "six months" by Mah. 7 of 1997, s. 6(c). [one year] from the date of such rejection of the motion.
Footnote:

1. Substituted for the words “Simple majority” by Mah. 4 of 2001, (w.e.f. 14 – 8 – 2000).

2. These words were substituted for the words “for the time being entitled to sit and vote of any me eting of the committee” by Mah. 7 of 1997, s. 6.

3. These words were substituted for the words “six months” by Mah. 7 of 1997, s. 6(c).
1 Sections 73-A to 73-G were inserted by Mah. 27 of 1969, s. 12. [73A. Disqualification for being designated officer simultaneously of certain 2 These words were substituted for the words "Specified" by Mah. 20 of 1986, s. 29(f). . [categories of] societies or for being designated officer of the same society for more then 3 These words were substituted for the words "six years" by Mah. 45 of 1983, s. 4(b). [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.

4 Category II and III substituted by Mah. Co-operative Societies (Amendment) Act. 1995 s. 2. Mah. Act XXVII of 1996 MGG dt. 5-9-96 pt. 8 P. 775. [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.]

5 This Explanation was inserted by Mah. 20 of 1986, s. 29(a). [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.]

6 Sub-section (2A) was inserted by Mah. 3 of 1974, s. 14 (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.

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

(4) If any person becomes, at the same time, 8 These words “after the commencement of the said Act” were deleted by Mah. 20 of 1986, s. 29(c). [* * * *] 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 9 Substituted by Mah. 10 of 1988, s. 11(a). [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 6[ten days,] cease to be a designated officer of all such societies 10 This portion Inserted, by Mah. 10 of 1988, s. 11(b). [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 re-elected or re-appointed as a designated officer of such society or societies during the remainder of the 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)].

11 Sub-section (5) and Explanation were substituted for the original by Mah. 29 of 1971, s. 4(a). [(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), 12 “These words were substituted for the words "for a consecutive period of more than ten years" by Mah. 20 of 1986, s. 29(d)(i). [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 13 These words were substituted for the words "a period of three years has elapsed after the expiry" by Mah. 20 of 1986, s: 29(d)(ii). [period of one term of the committee has elapsed after completion] of the aforesaid period of 14 These words were substituted for the words "six years" by Mah. 45 of 1983, s. 4(g). [ten years.]

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

  1. (a) in calculating the 15 This word was substituted for the word “consecutive” by Mah. 20 of 1986, s. 29(d)(iii)A [aggregate], period of 16 Sub-section (6) was added, by Mah. 20 of 1986,s. 29(e). [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;
  1. (b) if any person resigns his office as a designated officer at any time within twelve months of the date on which the 15 This word was substituted for the word “consecutive” by Mah. 20 of 1986, s. 29(d)(iii)A [aggregate], period of 14 These words were substituted for the words “six years” by Mah. 45 of 1983, s. 4(g). [ten years] would, but for his resignation, have been completed, he shall be deemed to have completed the period 14 These words were substituted for the words “six years” by Mah. 45 of 1983, s. 4(g). [ten years] on his resignation.]

16 Sub-section (6) was added, by Mah. 20 of 1986,s. 29(e). (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.]

Footnote:

1. Sections 73-A to 73-G were inserted by Mah. 27 of 1969, s. 12.

2. These words were substituted for the words “Specified” by Mah. 20 of 1986, s. 29(f).

3. These words were substituted for the words “six years” by Mah. 45 of 1983, s. 4(b).

4. Category II and III substituted by Mah. Co-operative Societies (Amendment) Act. 1995 s. 2. Mah. Act XXVII of 1996 MGG dt. 5-9-96 pt. 8 P. 775.

5. This Explanation was inserted by Mah. 20 of 1986, s. 29(a).

6. Sub-section (2A) was inserted by Mah. 3 of 1974, s. 14.

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

8. These words “after the commencement of the said Act” were deleted by Mah. 20 of 1986, s. 29(c).

9. Substituted by Mah. 10 of 1988, s. 11(a).

10. This portion Inserted, by Mah. 10 of 1988, s. 11(b).

11. Sub-section (5) and Explanation were substituted for the original by Mah. 29 of 1971, s. 4(a).

12. These words were substituted for the words “for a consecutive period of more than ten years” by Mah. 20 of 1986, s. 29(d)(i).

13. These words were substituted for the words “a period of three years has elapsed after the expiry” by Mah. 20 of 1986, s: 29(d)(ii).

14. These words were substituted for the words “six years” by Mah. 45 of 1983, s. 4(g).

15. This word was substituted for the word “consecutive” by Mah. 20 of 1986, s. 29(d)(iii)A

16. Sub-section (6) was added, by Mah. 20 of 1986,s. 29(e).

1 Section 73AA was inserted by Mah. 6 of 1975, Sch. Section 73AA - Designated officer who is associate councillor to cease to be designated officer on the ceasing to be such Councillor

Where,after the commencement of the Maharashtra Zilla Parishads and Panchayat Samitis(Fourth Amendment) Act, 1974, a designated officer of any society of any of the categories referred to in sub-section (2) of section73A who is also an associate Councillor of any Zilla Parishad, ceases to be the associate Councillor of such Zilla Parishad by operation of the provisions of section 82 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961,he shall also cease to bea designated officer of the said society from the date on which he so ceases to be an associate Councillor of the Zilla Parishads.

Footnote:

1. Section 73AB was inserted by Mah. 20 of 1986, s. 30.

1 Section 73-B was substituted for the original by Mah. 45 of 1983, s. 5. Section 73AB - Cessation of membership of committee held be virtue of office under Government etc. mcs-act-7-73AB

Where a person is elected, co-opted, appointed or nominated as member of a committee of any society by virtue of his holding office under the Central Government or the State Government or in any local authority or in any body corporate or in any organisation, he shall cease to be such member on the date on which he ceases to hold such office.

Footnote:

1. Section 73AA was inserted by Mah. 6 of 1975, Sch.

1 These words were substituted for the words is wound up, by Mah. 33 of 1963. s. 11. Section 73B - Reservation of seats on committees of certain societies for Scheduled Caste, Scheduled Tribes or 2 These words were added by Mah. Act No. 6 of 2002(w.e.f. 23-4-2001). Other Backward Classes, De-notified, Tribes (Vimukta Jatis) Nomadic Tribes, Special Backward Classes and for members of weaker section and election thereto

(1) Notwithstanding anything contained in this Act or in the rules made thereunder or any bye-laws of any society, on the committee of such society or class of societies as the State Government may, by general or special order, direct, 3 This word was substituted for the word "two" by Mah. Act No. 6 of 2002(w.e.f. 23-4-2001) [four] seats shall be reserved.–

  1. (a) one for the members belonging to the Scheduled Castes or Scheduled Tribes;
  1. 4 The word “and” was deleted by Mah. Act No. 6 of 2002(w.e.f. 23-4-2001). [***]
  1. 5 Clauses (a-1) and (a-2) were inserted by Mah. Act No. 6 of 2002(w.e.f. 23-4-2001). [(a-1) one for the members belonging to the Other Backward Classes;
  1. (a-2) one for the members belonging to the De-notified Tribes (Vimukta Jatis), Nomadic Tribes or Special Backward Classes; and];
  1. (b) one for the members belonging to the weakers section.

(2) The 6 This word was substituted for the word "two" by Mah. Act No. 6 of 2002(w.e.f. 23-4-2001). [four] reserved seats referred to in sub-section (1), shall 7 These words were inserted by Mah. 18 of 1984, s. 3(b). [unless where the byelaws of the society already provide for the reserved seats,] be in addition to the strength of the members of the committee of such a society or class of societies.

(3) Any individual member of the society, or any elected member of the committee of a member-society, or any member of the committee of a member-society, whether elected, co-opted or appointed under this section, belonging to the Scheduled Castes or Scheduled Tribes, 8 These words were added by Mah. Act No. 6 of 2002(w.e.f. 23-4-2001) [or Other Backward Classes or De-notified Tribes (Vimukta Jatis) or Nomatic Tribes or Special Backward Classes,] or as the case may be, weaker section, shall be eligible to contest the election to a reserved seat and every person who is entitled to vote at the election to the committee shall be entitled to Vote at the election to any such reserved seat.

9 Sub-section 4 was substituted by Mah. 10 of 1988, s. 12. [(4) Where no person is elected to any of the 10 Section 73AB was inserted by Mah. 20 of 1986, s. 30. [four] reserved seats, than,–

  1. (a) in the case of a society other than a society mentioned in clauses (b) and (c), the Chief Executive Officer such as the Chairman, Secretary or Manager or any other officer by whatever designation called;
  1. (b) in the case of a society notified under section 73-IC, the Registrar; and
  1. (c) in the case of a society specified under section 73-G, the Collector;

shall call a meeting of the elected members of the committee to co-opt a member or, as the case may be, members on the committee from amongst the persons entitled to contest the election under sub-section (3), and such meetings shall be presided over by the Chairman, if it is a society referred to in clause (a), or by the Collector or any other officer authorised by him, if it is a specified society, or by the Registrar or any other authorised by him, if it is a notified society. If no member is co-opted at such meeting, the Chairman or the Collector or, where the meeting is presided over by an officer authorised by the Registrar, such officer, as the case, may be, shall, within a period of seven days from the date of such meeting, report the fact to the Registrar, and thereupon the Registrar shall, within a period of seven days from the date of receipt of such report by him or where the Registrar himself has presided over such meeting, within a period of seven days from the date of such meeting, appoint on the committee a person or persons, as the case may be, from amongst the persons entitled to contest the election to the reserved seats under sub-section (3).]

Explanation.–For the purposes of this section,–

  1. (a) a general or special order, if any, issued by the State Government under section 73-B as it existed before the date of commencement of the Maharashtra Co-operative Societies (Amendment) Act, 1983 shall be deemed to have been issued under sub-section (1) of this section and shall continue to be in force until duly repealed or amended;
  1. (b) the expression “Scheduled Castes” includes “Nav-Boudhas”, 11 The words “and the expression” Scheduled Tribes” includes “De-notified Tribes and Nomadic Tribes” were deleted by Mah. Act No. 6 of 2002, (w.e.f. 23-4-2001). [***]
  1. 12 Clause (b-1) was inserted by Mah. Act No. 6 of 2002, (w.e.f. 23-4-2001) (b-1) the expression “Other Backward Classes, De-notified Tribes (Vimukta Jatis) and Nomadic Tribes and Special backward Classes” means such classes or parts of or groups within such classes as are declared, from time to time, by the State government to be Other Backward Classes, De-notified Tribes (Vimukta Jatis) and Nomadic Tribes and Special backward Classes;]
  1. (c) the expression “member belonging to weaker section” means a member or such class of members as the State Government may, by general or special order from time to time, declare].
Footnote:

1. Section 73-B was substituted for the original by Mah. 45 of 1983, s. 5.

2. These words were added by Mah. Act No. 6 of 2002(w.e.f. 23-4-2001).

3. This word was substituted for the word “two” by Mah. Act No. 6 of 2002(w.e.f. 23-4-2001)

4. The word “and” was deleted by Mah. Act No. 6 of 2002(w.e.f. 23-4-2001).

5. Clauses (a-1) and (a-2) were inserted by Mah. Act No. 6 of 2002(w.e.f. 23-4-2001).

6. This word was substituted for the word “two” by Mah. Act No. 6 of 2002(w.e.f. 23-4-2001).

7. These words were inserted by Mah. 18 of 1984, s. 3(b).

8. These words were added by Mah. Act No. 6 of 2002(w.e.f. 23-4-2001).

9. Sub-section 4 was substituted by Mah. 10 of 1988, s. 12.

10. Section 73AB was inserted by Mah. 20 of 1986, s. 30.

11. The words “and the expression” Scheduled Tribes” includes “De-notified Tribes and Nomadic Tribes” were deleted by Mah. Act No. 6 of 2002, (w.e.f. 23-4-2001).

12. Clause (b-1) was inserted by Mah. Act No. 6 of 2002, (w.e.f. 23-4-2001).

1 Section 73BB was inserted and wasdeemed always to have been inserted by Man. 3 of 1974, s. 15. Section 73BB - Reservation of seats for employees on committees of certain societies

2 Section 73BB was renumbered assub-section (1)of thatsection and the portion was substituted for the portionbeginning with the words "recognised Union or Unions" and ending withthe word "nominated as" by Mah. 20 of 1986, s. 31(a). (1) On the committee of such society or class of societies as the State Government may, by general or special order, direct where the number of permanent salaried employees of the society is 25 or more,–

  1. (a) if the number of members of the committee thereof is 11 or less–one seat; and
  1. (b) if the number of such members is 12 or more–one additional seat for every 10 members over and above the first 11 members,

shall be reserved for such employees. The seats so reserved shall be filled by selection made by the 3 These words were substituted by Mah. 7 of 1997, s. 7. [recognised union or unions and where there is no union at or where there is a dispute in relation to such issues including whether a union is recognised or not, then the seats so reserved shall be filed by an election by such employees from amongst themselves in the prescribed manner] Any person selected or elected as [a member of the committee to any reserved seat shall not been titled to be elected as an officer of such society, or to vote at any election of officers.]

4 This Explanation was added by Mah. 7 of 1997, s. 8 [Explanation.–For the purposes of this section the members of the committee shall mean and include elected, appointed, nominated, co-opted as well as ex-office members of the committee but it shall not include the representatives of the employees.

5 “These sub-sectionswere inserted, by Mah. 7 of 1997, s. 31(b). [(2) No employee who isunder suspension shall be eligible for being selected or elected or for being continued as member under sub-section (1).

(3) Subject to the provisions of sub-section(2),the term of a member representing the employees shall be co-terminus with the term of the committee as provided under the byelaws of the society and after every fresh election of the members of the members of the committee a fresh selection or election, as the case may be, of a member under subsection (1),shall be necessary.

Footnote:

1. Section 73BB was inserted and wasdeemed always to have been inserted by Man. 3 of 1974, s. 15.

2. Section 73BB was renumbered assub-section (1)of thatsection and the portion was substituted for the portionbeginning with the words “recognised Union or Unions” and ending withthe word “nominated as” by Mah. 20 of 1986, s. 31(a).

3. These words were substituted by Mah. 7 of 1997, s. 7.

4. This Explanation was added by Mah. 7 of 1997, s. 8

5. These sub-sectionswere inserted, by Mah. 7 of 1997, s. 31(b)

1 Section 73BBB was inserted by Mah. 30 of 1991, s. 2. Section 73BBB - Reservation of seats on committees of societies for women members and elections thereto

(1) Notwithstanding anything contained in this Act, or in the rules made thereunder, or in the bye-laws of any society, there shall be reserved seats for women on the committee of each society to represent the women members in the following manner, namely:–

  1. (a) one seat on the committee consisting of not more than 9 committee members;
  1. (b) two seats on the committee consisting of 10 or more, but not exceeding 19 committee members; and
  1. (c) three seats on the committee consisting of 20 or more committee members.

2 This Explanation was added by Mah. 7 of 1997, s. 8 [Explanation:–For the purpose of determining the number of committee members under this sub-section, committee members who are elected, co-opted, nominated, appointed or otherwise occupying the position on the committee under section 73B, 73BB and under this sub-section shall not be included.]

(2) The reserved seats referred to in sub-section (1) shall be in addition to the strength of the members of the committee of a society:

3 This proviso was substituted by Mah. 7 of 1997, s. 8. [Provided that, where the bye-laws of a society provide for reservation of seats for women on the committee thereof, the total number of seats to be so reserved for women shall be equal to the number of seats specified in sub-section (1).]

(3) Any individual woman member of the society, or any woman member of the committee of a member society, whether elected, co-opted or appointed, shall be eligible to contest the election to a reserved seat on a committee of a society. 4 This portion was added by Mah. 20 of 1992, s. 2 (a). [and every person who is entitled to vote at the election of the committee shall be entitled to vote at the election to any such reserved seat];

(4) Where no woman member or, as the case may be, women members are elected to the reserved seats, then,–

  1. (a) in the case of a society other than a society mentioned in clauses (b) and (c), the Chief Executive Officer such as the Chairman, Secretary or Manager or any other Officer, by whatever designation called (hereinafter in this section collectively referred to as “the Chairman”);
  1. (b) in the case of a society notified under section 73-IC, the Registrar; and
  1. (c) in the case of a society specified under section 73G, the collector;

shall call a meeting of the elected members of the committee to co-opt a woman member or, as the case may be, women members on the committee from amongst the persons entitled to contest the election under sub-section (3), and such meeting shall be presided over by the Chairman, if it is a society referred to in clause (a), or by the Registrar or any other officer authorised by him, if it is a notified society or by the Collector or any other officer authorised by him, if it is a specified society. If no woman member is co-opted at such meeting, the Chairman or the Collector or, where the meeting is presided over by an officer authorised by the Registrar or the Collector, such officer, as the case may be, shall, within a period of seven days from the date of such meeting, report the fact to the Registrar, and thereupon the Registrar shall, within a period of seven days from the date of receipt of such report by him, or where the Registrar himself has presided over such meeting, within a period of seven days from the date of such meeting, appoint on the committee a woman member or women members, as the case may be, from the amongst the women members entitled to contest the election to the reserved seats under subsection (3).

(5) Nothing in this section shall apply to a committee of any society which exclusively of men members, or as the case may be, of woman members.

5 “Sub-section (6) was substituted by Mah. 20 of 1992, s. 2. (6) Where election to the committee of any society has been held without holding election to such additional reserved seats or where election to such additional reserved seat could not be held on or before the 30th September 1992 on account of any directions issued under section 157, then unless the process for election to the committee including such additional reserved seats for women members has already commenced, or election to the committee is or will be due and will be held after the commencement of the Maharashtra Co-operative Societies (Amendment) Act, 1992, such additional reserved seats of the committee shall be filled in by co-option of women members by the committee of the society.

(7) Notwithstanding anything contained in sub-section (6), no election to such additional reserved seats shall be held where the term of the committee of society is to expire within six months from the date of the commencement of the Maharashtra Co-operative Societies (Amendment) Act, 1991.

(8) The term of office of such women members elected, co-opted or as the case may be, appointed on a committee, shall be co-terminus with the term of the committee as provided under the bye-laws of the society and at the time of every fresh election thereafter election shall be held to the additional reserved seats for women members in accordance with the provisions of this section.)

Footnote:

1. Section 73BBB was inserted by Mah. 30 of 1991, s. 2.

2. This Explanation was added by Mah. 7 of 1997, s. 8

3. This proviso was substituted by Mah. 7 of 1997, s. 8.

4. This portion was added by Mah. 20 of 1992, s. 2 (a).

5. Sub-section (6) was substituted by Mah. 20 of 1992, s. 2.

Section 73C - Restrictions on representation of certain class of members on committees of certain societies and for being designated officers

(1) In the case of a District Central Co-operative Bank or an Apex Co-operative Bank of the District Central Co-operative Bank, there shall not be more than one 1 These words were substituted for the words, "representative of individual members", by Mah. 20 of 1986, s. 32(a) [representative to be elected by individual members from amongst themselves], on the committee of such Bank, and such representative shall not be eligible for being elected or appointed as a designated officer.

(2) In the case of 2
These words were sub stituted for the words “a Land Development Bank or an Apex Land Development Bank” by Mah. 10 of 1988, s. 13.

 [an Agriculture and Rural Development Bank or an Apex Agriculture and Rural Development Bank, there shall not be more than one representative on the committee of such Bank, of members, who have not taken elected or appointed as a designated officer.

(3) In the case of an Agricultural Credit Society which gives loans to individuals for the raising of crops, there shall not be more than one representative on the committee of such society, of members who have not taken any loans from the society; and that representative shall be elected 3 The words "or appointed" were deleted by Mah. 20 of 1986, s. 32(b). [* * *] only from amongst members, who have not taken loans. Such representative shall not be eligible for being elected 3 The words "or appointed" were deleted by Mah. 20 of 1986, s. 32(b). [* * *] as a designated officer.

Footnote:

1. These words were substituted for the words, “representative of individual members”, by Mah. 20 of 1986, s. 32(a).

2. These words were sub stituted for the words “a Land Development Bank or an Apex Land Development Bank” by Mah. 10 of 1988, s. 13.

3. The words “or appointed” were deleted by Mah. 20 of 1986, s. 32(b).

Section 73D - Society's nominee on other society not eligible to be designated officer except in a federal society

No member of a society who is nominated to represent it on any other society, shall be eligible for being elected or appointed as a designated officer of the other society, unless the other society is its federal society.

Section 73E - In specified societies members not having minimum number of transactions of certain monetory limits not entitled to be designated officers

In the case of such class or classes of societies as may be specified by the State Government, by notification in the Official Gazette, no member shall be eligible for being elected or appointed as a designated officer, if he does not fulfill the minimum qualification relating to his transactions with the society of such monetory limits as may be laid down, from time to time, in such notification.

Section 73F - 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

In the case of a society, which gives loans to members for purchasing machinery, implements, equipment, commodities or other goods,1 These words were inserted, by Mah. 20 of 1986, s. 33.32(b). [or which deals in such goods,], no member, who or whose near relation is a dealer in such goods or is director of a company or a partner in a firm carrying on business in such goods, shall be eligible for being elected or appointed as a member of the committee of such society.

Explanation.–For the purposes of this section, the expression “near relation” means a wife, husband, father, mother, son, daughter, son-in-law, or daughter-in-law.

Footnote:

1. These words were inserted, by Mah. 20 of 1986, s. 33.

1 Section 73FF and 73FFF were inserted, by Mah.20of 1986, s. 34. Section 73FF - Disqualification for membership of committee

(1) Without prejudice to the other provisions of this Act or the rules made thereunder in relation to the disqualification of being member of a committee, no person shall be eligible for being appointed, nominated, elected,co-opted or, for being a member of a committee, if he–

(i) is a defaulter of any society;

Explanation.–For the purposes of this clause, the term “defaulter” includes–

  1. (a) in the case of a primary agricultural credit society, a member who defaults the repayment of the crop loan on the due date;
  1. (b) in the case of term lending society, a member who default the payment of any instalment of the loan granted to him;
  1. (c) in the case of any society,–
  1. (i) a member who has taken anamat or advance; or
  1. (ii)a member who has purchased any goods or commodities on credit or availed himself of any services from the society for which charges are payable; and fails to repay the full amount of such anamat oradvance or pay the price of such goods or commodities or charges for such service, after receipt of notice of demand by him from the concerned society or within thirty days from the date of withdrawal of anamat or advance by him or from the date of delivery of goods to him or availing of services by him, whichever is earlier;
  1. (d) in the case of non-agricultural credit societies, a member who defaults the payment of any instalment of the loan granted;
  1. (e)in the case of housing societies, a member who defaults the payment of dues to the society within three months from the date of service of notice in writing served by post under certificate of posting demanding the payment of dues;
  1. (ii)has, in the opinion of the Registrar, deliberately committed breach of cooperative discipline with reference to linking up of credit with co-operative marketing or cooperative processing; or
  1. (iii) has been, held responsible under section79 or 88 or has been held responsible for payment of costs of inquiry under section 85; or
  1. (iv) has incurred any disqualification under this Act or the rules made thereunder; or
  1. (v) carries on business of the kind carried on by the society either in his name or in the name of any member of his family or he or any member of his family is a partner in a firm or a director in a company which carries on business of the kind carried on by the society;

Explanation.–For the purpose of this clause, the expression “family” mean a wife, husband,father, mother, brother, sister, son, daughter, son-in-law or daughter-in-law;or

  1. (vi) is a salaried employee of any society (other than a society of employees themselves) or holds any office of profit under any society, except when he holds or is appointed to the office of a Managing Director or any other office declared by the State Government by general or special order not to disqualify its holder or is entitled to be or is selected or elected to any reserved seat on the committee of a society under section 73BB.
  1. 2 Clause (vii) was added by Mah. 34 of 2001, (w.e.f. 7-9-2001) s. 6. (vii) has more than two children:

Provided that, a person having more than two children on the date of commencement of the Maharashtra Co-operative Societies (Third Amendment) Act, 2001 (hereinafter in this clause referred to as “the date of such commencement”),shall not be disqualified under this clause so long as the number of children he had on the date of such commencement does not increase:

Provided further that, a child or more than one child born in a single delivery within the period of one year from the date of such commencement shall not be taken into consideration for the purpose of disqualification mentioned in this clause.

  1. (a) where a couple has only one child on or after the date of such commencement, any number of children born out of a single subsequent delivery shall be deemed to be one entity;
  1. (b) “child” does not include an adopted child or children.

(2) A member who has incurred any disqualification under sub-section (1),shall cease to be a member of the committee and his seat shall thereupon be deemed to be vacant.

Footnote:

1. Section 73FF and 73FFF were inserted, by Mah.20of 1986, s. 34.

2. Clause (vii) was added by Mah. 34 of 2001, (w.e.f. 7-9-2001) s. 6.

Section 73FFF - Eligibility for re-appointment or re-election as member of committee

(1) A member of a committee who has ceased to be a member thereof on account of having incurred disqualification under clause (11) of sub-section (1) of section 73FF shall be eligible to be re-co-opted re-elected as a member of the committee after the expiry of the period of two years from the date on which he has so ceased to be a member of the committee.

(2) A member of a committee who has ceased to be a member thereof on account of having incurred disqualification under clause (iii) of sub-section (1) of section 73-FF, shall be eligible to be re-appointed, re-nominated, re-co-opted, or re-elected as a member of the committee after the expiry of the period of five years from the date on which he has so ceased to be a member of the committee.

(3) A member of a committee who has ceased to be a member thereof on account of having incurred disqualification other than disqualifications referred to in sub-sections (1) and (2) shall, unless otherwise specifically provided in this Act, be eligible to be renominated, re-co-opted, re-appointed or re-elected as a member of the committee, as soon as such disqualification ceases to exist.

Footnote:

1. Section 73FF and 73FFF were inserted, by Mah.20of 1986, s. 34.

2. Clause (vii) was added by Mah. 34 of 2001, (w.e.f. 7-9-2001) s. 6.

Section 73G. Provision for conduct of elections to committees 1 These words were inserted by Mah. 3 of 1974, s. 16(a). [and of officers] of certain societies and term of office of member of such committees

2 Sub-section (1) was substituted by Mah. 24 of 1972, s. 2. (1) The election of the members of the committees 1 These words were inserted by Mah. 3 of 1974, s. 16(a). [and the officers by the committees,] of the societies of the categories mentioned below shall be subject to the provisions of Chapter XI-A and shall be conducted in the manner laid down by or under that Chapter:–

  1. (i) such Apex 3 This word was substituted for the words “Co-operative Institutions” by Mah. 20 of 1986, s. 35(a)(i)(A). [societies], which the State Government may, by general or special order published in Official Gazette, from time to time,specify in this behalf, regard being had to the financial position and share capital of such 4 This word was substituted for the words “institutions”, by Mah. 20 of 1986, s. 35(a)(i)(B). [societies];
  1. (ii) all District Central Co-operative Banks;
  1. 5 Clause (iii) was substituted for the original by Mah. 10 of 1988,s. 14. (iii) all primary Agriculture and Rural Development Banks;
  1. (iv) (a) all District Co-operative Sale and Purchase Organisations;
  1. (b) all Taluka Co-operative Sale and Purchase Organisations;
  1. (v)all Co-operative Sugar Factories;
  1. (vi)all Co-operative Spinning Mills;
  1. (vii)any other societies or class of societies, which the State Government may, by general or special order published in the Official Gazette from time to time specify in this behalf regard being had to the financial position and share capital of such 6 These words were substituted for the word “institutions” by Mah. 20 of 1986, s. 35(a)(ii). [societies or class of societies.]

7 Sub-sections (2) and (3) were substituted for sub-sections (2) to (5) and the Explanation byMah. 27 of 1971, s. 4(b)((i). [8 Sub-sections (2), (2A), (2B) were substituted for sub-section (2) by Mah. 20 of 1986, s.35(b). [ (2) When the election of all the members of the committee of any such society is held at the same time, the members elected on the committee at such general election shall hold office for a period of five years from the date on which the first meeting is held unless the period is extended by the State Government, for reasons to be recorded in writing for a period not exceeding one year so however that the total period does not exceed six years in the aggregate.

(2A) The term of office of the members who are appointed or nominated or co-opted or selected or elected on the committee including to fill the vacancy shall be co-terminus with term of office of the elected members under sub-section (1), notwithstanding the date of their such appointment,nomination, co-option, selection or election including to fill the vacancy.

(2B) Where, for any reason whatsoever, the election of the members of the committee was held or could not be held before the expiry of the term or the extended term, as the case may be, of the existing committee, the members, (including the officers of the committee shall cease to hold office on the expiry of its term extended term as the case may be and they shall be deemed to have vacated their offices:

9 Provison was added byMah. 4 of 2001, s. 3, (w.e.f. 13-11-2000). [Provided that where the Collector fails to hold election to the committee of any such society, the term of office of the members of the committee of that society shall be deemed to have been extended till the date immediately preceding the date of the first meeting of the newly constituted committee.)

10 Provison deleted by Mah. 27 of 1996, s. 4(9), (w.e.f. 5-9-1996). [* * * * *]

(3) Notwithstanding anything in the bye-laws of any such society, only the committee of management shall be elected by a general body of members of the society; and all other committees authorised by or under the bye-laws may be constituted only by electing or appointing persons from among the persons who are members of the committee of management, and all such committees shall be sub-committees of the committee of management, and shall be subordinate to it.]

Footnote:

1. These words were inserted by Mah. 3 of 1974, s. 16(a).

2. Sub-section (1) was substituted by Mah. 24 of 1972, s. 2.

3. This word was substituted for the words “Co-operative Institutions” by Mah. 20 of 1986, s. 35(a)(i)(A).

4. This word was substituted for the words “institutions”, by Mah. 20 of 1986, s. 35(a)(i)(B).

5. Clause (iii) was substituted for the original by Mah. 10 of 1988,s. 14.

6. These words were substituted for the word “institutions” by Mah. 20 of 1986, s. 35(a)(ii).

7. Sub-sections (2) and (3) were substituted for sub-sections (2) to (5) and the Explanation byMah. 27 of 1971, s. 4(b)((i).

8. Sub-sections (2), (2A), (2B) were substituted for sub-section (2) by Mah. 20 of 1986, s.35(b).

9. Provison was added byMah. 4 of 2001, s. 3, (w.e.f. 13-11-2000).

10. Provison deleted by Mah. 27 of 1996, s. 4(9), (w.e.f. 5-9-1996).

1 Section 73 H was inserted by Man. 20 of 1986, s. 36. Section 73H - Responsibility of committee to hold election before expiry of term

(1) It shall be the duty of the committee of every society to arrange for holding the election of its members before the expiry of its term.

(2) 2 These words were sub stituted for the words "The committee" by Mah. 4 of 2001, (w.e.f. 14 – 8 – 2000) [Where there is a wilful failure on the part of the committee to hold the election to the committee before the expiration of its term, the committee.] shall cease to function on the expiration of its term and the members thereof shall cease to hold office and the Registrar may himself take over the management of the society or appoint an Administrator (who shall not be from amongst the members of the committee the term of which has so expired) and the Registrar or Administrator shall hold election within a period of six months and the committee shall be constituted before the expiration of that period.]

Footnote:

1. Section 73 H was inserted by Man. 20 of 1986, s. 36.

2. These words were sub stituted for the words “The committee” by Mah. 4 of 2001, (w.e.f. 14 – 8 – 2000).

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