Maharashtra · 1961 · Act 24

The Maharashtra Co-operative Societies Act, 1960

In force193 sections· Govt of Maharashtra
India Code

1.Short title, extent and commencement.

2.Definitions.

3.Registrar and his subordinates.

3A.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 by-laws of society.

14.Power to direct amendment of by-laws.

15.Change of name.

16.Change of liability.

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

18.Power to direct amalgamation, division and reorganisation in the public interest of members, etc.

18A.Amalgamation of Co-operative banks.

18B.Amalgamation of primary agricultural credit societies.

18C.Reorganisation of societies on account of alteration of limits of local areas in which they operate.

19.Reconstruction of societies.

20.Partnership of societies.

20A.Collaboration by societies.

21.Cancellation of registration.

21A.De-registration of societies.

22.Person who may become member.

23.Open membership.

24.Nominal and associate member.

24A.Co-operative education and training to members, etc.

25.Cessation of membership.

25A.Removal of names of members from membership register.

26.Rights and duties of members.

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.

32A.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.

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 as evidence.

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

42.Power to exempt from taxation; power to refund.

43.Restrictions on borrowings.

44.Regulation of loan making policy.

44A.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 member.

47.Prior claim of society.

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

48A.Deduction from sale price of certain agricultural produce to meet society's dues.

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

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.

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.

69A.Constitution of Co-operative District Cadre of Secretaries and establishment of Employment Fund for such Cadre.

69B.Constitution of District Level and State Level Committees.

70.Investment of funds.

71.Employees' Provident Fund.

71A.Funds not to be utilised for certain proceedings filed or taken by or against officers in personal capacities.

72.Final authority of society.

72A.Freedom of affiliation or disaffiliation with a federal structure of choice.

73.Committee, its powers and functions.

74ID.Motion of no confidence against officers of societies.

73A.Disqualification for being designated Officer simultaneously of certain categories of societies.

73AAA.Constitution of committee.

73B.Reservation of certain seats on committees of societies and election thereto

73C.Reservation for women.

73CA.Disqualification of committee and its members.

73CB.State Co-operative Election Authority.

73CC.Power of State Government to postpone election.

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

73E.Deleted.

73EA.Deleted.

73F.Election to more than one seat on the committee of society.

73-FFF.Deleted.

73-G.Deleted.

73H.Deleted.

73I.Responsibility of committee or the Administrators or authorised officer to intimate and assist to arrange for election, before expiry of term.

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

75.Annual general body meeting.

76.Special general body meeting.

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

77A.Appointment of member of committee, new committee or authorised officers, where there is failure to elect member, to constitute committee or where committee does not enter upon office, etc.

78.Power of suspension of committee.

78A.Power of supersession of committee or removal of member thereof.

79.Society's obligation to file returns and statements and Registrar's power to enforce performance of such obligations.

79A.Government's powers to give directions in the public interest, etc.

79AA.Registrar’s powers to give directions to frame regulations.

79B.Deleted.

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

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.

88A.Deposit towards fees of inquiry.

89.Power to enforce attendance, etc.

89A.Power to inspect working of society.

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

91.Disputes.

91A.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 order 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 certain sums and arrears due to certain societies as arrears of land revenue.

102.Winding up.

103.Appointment of Liquidator.

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.

110A.Order for winding up, reconstruction, suspension or supersession of committee, etc., of insured co-operative bank, not to be made without sanction or requisition of Reserve Bank of India.

111.Application of Chapter XI to Co-operative Agriculture and Rural Multipurpose Development Banks.

112.State and other Co-operative Agriculture and Rural Multipurpose Development Banks.

112A.District Co-operative Agriculture and Rural Multipurpose Development Bank, its constitution, term of office of delegates, casual vacancies, powers of such committee, etc.

112AA.Election of delegate as member of a Co-operative Agriculture and Rural Multipurpose Development Bank from City of Bombay District and Bombay Suburban District.

112B.General Body and Committee of State Co-operative Agriculture and Rural Multipurpose Development Bank.

112C.Deleted.

113.Appointment, powers and function 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 Co-operative Agriculture and Rural Multipurpose Development Bank to advance loans and to hold lands.

118.Deleted.

119.Order granting loan conclusive of certain matters.

120.Priority of mortgage.

121.Mortgages and other instruments executed in favour of a Co-operative Agriculture and Rural Multipurpose Development Bank to stand vested in State Agriculture and Rural Multipurpose Development Bank.

122.Registration of mortgage, lease, etc., executed in favour of Co-operative Agriculture and Rural Multipurpose Development Bank.

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 Co-operative Agriculture and Rural Multipurpose Development Bank, subject to certain modification.

127.Restrictions on lease.

128.Co-operative Agriculture and Rural Multipurpose Development Bank to receive money and give discharge.

129.Powers of Co-operative Agriculture and Rural Multipurpose Development Bank where mortgaged or encumbered property is destroyed or security becomes insufficient.

130.Right of Co-operative Agriculture and Rural Multipurpose Development Bank to buy mortgaged property.

131.Recovery of loans by Co-operative Agriculture and Rural Multipurpose Development Bank.

132.Power to distrain.

133.Sale of mortgaged or encumbered property.

133A.Mortgaged or encumbered property of Tribal not 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 Co-operative Agriculture and Rural Multipurpose Development Banks.

141.Provision for Guarantee Funds to meet certain losses.

142.Registrar’s power to permit any society or class of societies to function as Co-operative Agriculture and Rural Multipurpose Development Bank.

143.Service of notice.

143A.Transfer of rights and liabilities of Government in respect of schemes sanctioned under Bom. XXVIII of 1942.

144.Power to Committee of State Co-operative Agriculture and Rural Multipurpose Development Bank to supervise on Co-operative Agriculture and Rural Multipurpose Development Bank and make regulations.

144-1A.Reorganisation, amalgamation or division of Co-operative Agriculture and Rural Multipurpose Development Bank, in public interest, etc.

144-1B.Deleted.

144-2A.Application of Chapter XI-1A to non-agricultural co-operative credit societies.

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