Part – I
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Short title and commencement.
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Sec. 1.
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(1)
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This Act may
be called the Maharashtra Co-operative Societies (Amendment) Act, 2013.
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(2)
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It shall be
deemed to have come into force on the 14th February 2013.
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AMENDMENT OF
SECTION 2 OF MAHARASHTRA XXIV OF 1961.
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Sec. 2.
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In section 2
of the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to
as “the principal Act”),-
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(a)
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after clause
(2), the following clause shall be inserted, namely:-
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“(2-A)
“authorised person” means any person duly authorised by the Registrar to take
action under the provisions of this Act;”;
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(b)
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in clause (7),
for the words “or other directing body, by whatever name called, to which the
management of the affairs of a society is vested” the following shall be
substituted, namely:-
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“or the
governing body or other directing body of a co-operative society, by whatever
name called, in which the management of the affairs of a society is
entrusted”;
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(c)
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clause (10-B)
shall be deleted;
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(d)
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after clause
(11), the following clause shall be inserted, namely:–
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“(11A) “expert
director” means a person having experience in the field of banking,
management, co-operation and finance and includes a person having
specialization in any other field relating to the objects and activities
undertaken by the concerned society;”;
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(e)
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after clause
(14), the following clause shall be inserted, namely:-
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“(14 A)
“functional director” means a Managing Director or a Chief Executive Officer
by whatever designation called, and includes any Head of the Department,
workman or representative of the recognised union of the concerned society,
nominated by the Committee;”;
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(f)
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in clause
(19),-
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(i) in clause
(a), for the words “associate or sympathizer” the words “or associate” shall
be substituted;
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(ii) after
sub-clause (a), the following sub-clause shall be inserted, namely:-
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“(a-1) “active
member” means a member who participates in the affairs of the society and
utilizes the minimum level of services or products of that society as may be
specified in the by-laws;”;
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(iii)
sub-clause (d) shall be deleted;
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(g)
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in clause
(20), for the words “a chairman, vice-chairman, president, vice-president,
managing director, manager, secretary, treasurer, member of the committee and
any other person,” the following shall be substituted, namely: –
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“any office
bearer such as a chairperson, vice-chairperson, president, vice-president,
managing director, manager, secretary, treasurer, member of the committee and
any other person, by whatever name called,”;
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(h)
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in clause
(27), after the words "under this Act" the following shall be
inserted, namely:–
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“which is an
autonomous association of persons, united voluntarily to meet their common
needs and aspirations through a jointly owned and democratically controlled
enterprise and adhering to the co-operative principles and values”;
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(i)
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after clause
(29), the following clause shall be inserted, namely:-
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“(29A) “State
Co-operative Election Authority” means an authority constituted by the State
Government under section 73CB”.
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Amendment of Section 3A of Maharashtra XXIV of 1961.
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Sec. 3.
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In section 3A
of the principal Act, in clause (a), after the words “in the case of the Registrar,
the” the word “Special” shall be inserted.
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Amendment of Section 6 of Maharashtra XXIV of 1961.
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Sec. 4.
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In section 6
of the principal Act, in sub-section (1), after the second proviso, the
following proviso shall be added, namely:-
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“Provided also
that, the Registrar may specify the norms and conditions for registration of
societies or class of societies”.
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Amendment of Section 13 of Maharashtra XXIV of 1961.
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Sec. 5.
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In section 13
of the principal Act, the proviso to sub-section (1) shall be deleted.
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Amendment of Section 14 of Maharashtra XXIV of 1961.
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Sec. 6.
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In section 14
of the principal Act,-
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(a)
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in sub-section
(1), after the words “of such society,” the following shall be inserted,
namely :-
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“or any
by-laws of the society are inconsistent with the provisions of this Act or
rules and that amendment is necessary in such bye-laws,”;
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(b)
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in sub-section
(2), the following provisos shall be added, namely:-
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“Provided
that, such notified State federal society shall communicate its opinion to
the Registrar within a period of forty five days from the date of receipt of
communication, failing which it shall be presumed that such State federal
society has no objection to the amendment and the Registrar shall be at
liberty to proceed further to take action accordingly:
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Provided
further that, the Registrar may specify the Model bye-laws, for such type of
societies or class of societies, as he may deem fit.”
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Amendment of Section 17
of Maharashtra XXIV of 1961.
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Sec. 7.
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In section 17
of the principal Act, in sub-section (1), after the proviso, the following
proviso shall be added, namely:-
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“Provided
further that, in case of societies doing the business of banking, no such
amalgamation, transfer, division or conversion shall be initiated without the
prior approval of the Reserve Bank of India.”
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Amendment of Section 18 of Maharashtra XXIV of 1961.
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Sec. 8.
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In section 18
of the principal Act,-
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(a)
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in sub-section
(1),-
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(i) after the
words “in the public interest” the following shall be inserted, namely:- “or
in the interest of members of such societies”;
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(ii) the
following proviso shall be added, namely:-
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“Provided
that, such notified federal society shall communicate its opinion to the
Registrar within a period of forty-five days from the date of receipt of
communication, failing which it shall be presumed that such federal society
has no objection to the amalgamation, division or reorganization and the
Registrar shall be at liberty to proceed further to take action
accordingly.”;
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(b)
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for the
marginal note, the following marginal note shall be substituted, namely:-
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“Power to
direct amalgamation, division and reorganization in the public interest or in
the interest of members, etc.”
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Amendment of Section 18A of Maharashtra XXIV of 1961.
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Sec. 9.
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In section 18A
of the principal Act,-
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(a)
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to sub-section
(1), the following proviso shall be added, namely:-
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“Provided
that, such notified federal society or other authority shall communicate its
opinion to the Registrar within a period of forty-five days from the date of
receipt of communication, failing which it shall be presumed that such
notified federal society or other authority has no objection to the scheme of
amalgamation and the Registrar shall be at liberty to proceed further to take
action accordingly.”;
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(b)
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in sub-section
(2), after clause (b), the following clause shall be added, namely:-
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(c)
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the Registrar
has obtained the prior approval of the Reserve Bank of India.
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Amendment of Section 18B of Maharashtra XXIV of 1961.
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Sec. 10.
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In section 18B
of the principal Act, to sub-section (1), the following proviso shall be added,
namely:-
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“Provided
that, such notified federal society or the other authority shall communicate
its opinion to the Registrar within a period of forty-five days from the date
of receipt of communication, failing which it shall be presumed that such
notified federal society or other authority has no objection to the scheme of
amalgamation and the Registrar shall be at liberty to proceed further to take
action accordingly.”.
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Amendment of Section 18C of Maharashtra XXIV of 1961.
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Sec. 11.
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In section 18C
of the principal Act, in sub-section (2),-
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(a)
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in clause (e),
for the words “appointment of an administrator or an interim committee of
management” the following shall be substituted, namely :-
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“appointment
of an authorised officer or an interim committee of management from amongst
the active members of that society”;
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(b)
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both the
provisos shall be deleted.
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Amendment of Section 23 of Maharashtra XXIV
of 1961.
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Sec. 12.
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In section 23
of the principal Act, in sub-section (2), after the words “may appeal to the
Registrar” the following shall be inserted, namely:-
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“Within a
period of sixty days from the date of the decision of the society”.
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Amendment of
Section 24 of Maharashtra XXIV of 1961.
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In section 24 of the principal Act
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Sec. 13.
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(a)
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in sub-section
(1), for the words “nominal, associate or sympathizer member” the words “nominal
or associate member” shall be substituted;
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(b)
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in sub-section
(2), the words “or sympathizer member” and “or sympathizer” shall be deleted;
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(c)
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for the
marginal note, the following marginal note shall be substituted, namely:-
“Nominal and associate member.”
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Insertion of Section 24A of Maharashtra XXIV
of 1961.
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Sec. 14.
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After section
24 of the principal Act, the following section shall be inserted, namely:-
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(1)
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“24A. Every
society shall organize co-operative education and training, for its members,
officers and employees through such State federal societies or the State Apex
Training Institutes, as the State Government may, by notification in the
Official Gazette, specify. Such education and training shall,-
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(i) ensure the
effective and active participation of the members in the management of the
society;
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(ii) groom
talented employees for leadership position;
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(iii) develop professional skills through co-operative education and
training.
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(2)
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Every member
of the committee, whether elected or co-opted, shall undergo such
co-operative education and training for such period and at such intervals as
may be prescribed.
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(3)
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Every society
shall contribute annually towards the education and training fund of the
State federal societies or State Apex Training Institutes, notified under
sub-section (1), at such rates as may be prescribed and different rates may be
prescribed for different societies or classes of societies.”
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Substitution of Section 26 of Maharashtra XXIV of 1961.
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Sec. 15.
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For section 26
of the principal Act, the following section shall be substituted, namely :-
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(1)
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“26. A member
shall be entitled to exercise such rights as provided in the Act, rules and
by-laws:
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Provided that,
no member shall exercise the rights, until he has made such payment to the
society in respect of membership, or acquired such interest in the society,
as may be prescribed and specified under the by-laws of the society, from
time to time:
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Provided
further that, in case of increase in minimum contribution of member in share
capital to exercise right of membership, the society shall give a due notice
of demand to the members and give reasonable period to comply with.
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(2)
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It shall be
the duty of every member of a society,-
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(a)
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to attend at
least one general body meeting within a consecutive period of five years :
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Provided that,
nothing in this clause shall apply to the member whose absence has been
condoned by the general body of the society;
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(b)
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to utilize
minimum level of services at least once in a period of five consecutive years
as specified in the by-laws of the society:
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Provided that,
a member who does not attend at least one meeting of the general body as
above and does not utilize minimum level of services at least once in a period
of five consecutive years, as specified in the by-laws of such society shall
be classified as non active member :
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Provided
further that, when a society classifies a member as a non-active member, the
society shall, in the prescribed manner communicate such classification, to
the concerned member within thirty days from the date of close of the
financial year :
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Provided also
that, a non-active member who does not attend at least one meeting of the
general body and does not utilize minimum level of services as specified in
the by-laws, in next five years from the date of classification as a
non-active member, shall be liable for expulsion under section 35 :
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Provided also
that, a member classified as non-active member shall, on fulfillment of the
eligibility criteria as provided in this sub-section be entitled to be
re-classified as an active member :
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Provided also
that, if a question of a member being active or non-active member arises, an
appeal shall lie to the Registrar within a period of sixty days from the date
of communication of classification :
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Provided also
that, in any election conducted immediately after the date of commencement of
the Maharashtra Co-operative Societies (Amendment) Act, 2013, all the
existing members of the society shall be eligible for voting, unless
otherwise ineligible to vote.”.
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