part – ii
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Amendment of Section 27 of Maharashtra XXIV of 1961.
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Sec. 16.
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In section 27
of the principal Act,-
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(a)
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in sub-section
(1), after the first proviso, the following Explanation shall be inserted,
namely :-
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“Explanation.
- For the purposes of this sub-section, “votes to more than one candidate
from the panel” shall be treated as one vote."
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(b)
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after
sub-section (1), the following sub-section shall be inserted, namely :-
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“(1A)
Notwithstanding anything contained in sub-section (1), an active member who
subsequently fails to participate in the affairs of the society and to use
the services up to the minimum level as specified, from time to time, in the
by-laws, shall cease to be an active member and shall not be entitled to
vote.”;
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(c)
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in sub-section
(3), after the words “appoint one of its” the word “active” shall be
inserted;
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(c-1) to
sub-section (3-A), the following proviso shall be added, namely:-
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“Provided
that, nothing in this sub-section shall apply in respect of a co-operative
housing society and a co-operative premises society.”
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(d)
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in sub-section
(8), the words “or sympathizer” shall be deleted;
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(e)
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in sub-section
(10), for the portion beginning with the words
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“In the case
of” and ending with the words “of the society” the following portion shall be
substituted, namely :-
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“If a member
has taken a loan from the society, such member shall, whenever he is a
defaulter, as provided in the Explanation to clause (i) of sub-section (1) of
section 73CA, have no right to vote in the affairs of the society.”;
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(f)
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Sub-section
(12) shall be deleted.
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Amendment of Section 43 of Maharashtra XXIV of 1961.
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Sec. 17.
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In section 43
of the principal Act,-
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(a)
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in sub-section
(1), in the proviso, for the words “the Reserve Bank of India guidelines” the
words “guidelines of the Reserve Bank of India or the National Bank” shall be
substituted ;
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(b)
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in sub-section
(2),-
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(i) in the
first proviso, after the words “share capital, loan” the word “subsidy” shall
be inserted;
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(ii) in the
second proviso, for the words “the Reserve Bank of India guidelines” the
words “guidelines of the Reserve Bank of India or the National Bank” shall be
substituted.
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Amendment of Section 44 of Maharashtra XXIV of 1961.
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Sec. 18.
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In section 44
of the principal Act, in sub-section (3), in the second proviso, for the
words “the Reserve Bank of India guidelines” the words “guidelines of the
Reserve Bank of India or National Bank” shall be substituted.
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Amendment of Section 44A of Maharashtra XXIV of 1961.
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Sec. 19.
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In section 44A
of the principal Act,-
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(a)
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for the words
“rupees three thousand” the words “rupees ten thousand” shall be substituted;
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(b)
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the words “or
commercial” shall be deleted.
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Amendment of Section 62 of Maharashtra XXIV of 1961.
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Sec. 20.
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In section 62
of the principal Act, to clause (e), after the words “to a society” the words,
“including a co-operative credit structure entity” shall be inserted.
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Amendment of Section 68 of Maharashtra XXIV of 1961.
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Sec. 21.
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In section 68
of the principal Act, after sub-section (3), the following sub-sections shall
be inserted, namely :-
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“(4) With
effect from the date of commencement of the Maharashtra Co-operative
Societies (Amendment) Act, 2013, the provisions of sub-sections (1) to (3)
shall cease to be in force.
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(5) Notwithstanding
anything contained in sub-section (4), any amount due on the date of
commencement of the Maharashtra Co-operative Societies (Amendment) Act, 2013,
shall be recoverable as an arrear of land revenue and upon the request of the
State federal society, the Registrar shall, after making such inquiry as he
deems fit, grant a certificate for recovery of the amount due as an arrear of
land revenue. ”.
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Amendment of Section 69 of Maharashtra XXIV of 1961.
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Sec. 22.
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In section 69
of the principal Act, for the words and figures “the educational fund as
provided in section 68” the words, figures and letter “funds towards
co-operative education and training as provided in section 24A” shall be
substituted.
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Deletion of Section 69A of Maharashtra XXIV of 1961.
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Sec. 23.
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Section 69A of
the principal Act shall be deleted.
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Amendment of Section 70 of Maharashtra XXIV of 1961.
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Sec. 24.
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In section 70
of the principal Act, -
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(a)
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for the words
“Every society other than the co-operative credit structure entity” the words
“A society” shall be substituted;
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(b)
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for clause
(a), the following clause shall be substituted, namely:-
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“(a) in a
District Central Co-operative Bank or the State Co-operative Bank, having
awarded at least “ A ” Audit Class in last three consecutive years;”;
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(c)
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after clause
(c), before the first proviso, the following clause shall be inserted, namely
:-
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(d)
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“in any other
mode permitted by the rules, or by general or special order in that behalf by
the State Government :”.
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Amendment of Section 71A of Maharashtra XXIV of 1961.
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Sec. 25.
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In section 71A
of the principal Act, in sub-section (1), for the words, figures and letter
“under sections 78, 96 or 144-T” the words, figures and letter “under section
78, 78A or 96” shall be substituted.
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Amendment of Section 73 of Maharashtra XXIV of 1961.
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Sec. 26.
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In section 73
of the principal Act,-
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(a)
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in sub-section
(1AB), -
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(i) the
portion beginning with the words “Every such member” and ending with the
words“ of the committee” shall be deleted;
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(ii) in the
second proviso, for the words “within seven days from the date of the said
resolution or decision” the words “within fifteen days, from the date of the
said resolution or decision or from the date of confirmation of the said
resolution or decision” shall be substituted ;
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(b)
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Sub-sections
(2) and (3) shall be deleted.
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Deletion of Section 73-IA, 73-IB and 73-IC of Maharashtra XXIV of
1961.
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Sec. 27.
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Sections
73-IA, 73-IB and 73-IC of the principal Act shall be deleted.
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Amendment of Section 73-ID of
Maharashtra XXIV of 1961.
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Sec. 28.
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In section
73-ID of the principal Act, for sub-sections (1) and (2), the following
sub-sections shall be substituted, namely :-
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(1)
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An officer who holds office by virtue of his
election to that office shall cease to be such officer, if a motion of
no-confidence is passed at a meeting of the committee by two-third majority
of the total number of committee members who are entitled to vote at the
election of such officer and his office shall, thereupon be deemed to be
vacant.
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(2)
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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 entitled to
elect the officer 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 :
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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.”
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Amendment of Section 73A of Maharashtra XXIV of 1961.
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Sec. 29.
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In section 73A
of the principal Act,-
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(a)
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in sub-section
(1), the words, figures and letters “and sections 73C, 73D and 73E” shall be
deleted;
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(b)
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in sub-section
(4), -
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(i) for the
words “elected or appointed” the words “elected, co-opted or nominated” shall
be substituted;
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(ii) for the
words “elections or appointments” the words “elections, co-options or
nominations” shall be substituted;
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(iii) for the
words “re-elected or re-appointed” the words “re-elected, re-co-opted or
re-nominated” shall be substituted;
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(c)
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sub-section
(6) shall be deleted;
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(d)
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after sub-section
(6), the following sub-sections shall be inserted, namely :-
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“(7) Where a
person is elected, co-opted or nominated as a member of 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.
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(8) No member
of a society, who is nominated to represent it on any other society, shall be
eligible for being elected, co-opted or nominated as a designated officer of
the other society, unless the other society is its federal society.
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(9) 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, co-opted or nominated as a designated officer, if
he is not an active member and does not fulfill the minimum qualification
relating to his monetary transactions with the society as may be laid down,
in such notification.”.
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Insertion of Section 73AAA in Maharashtra XXIV of 1961.
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Sec. 30.
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After section
73A of the principal Act, the following section shall be inserted, namely :-
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Constitution
of Committee - 73AAA
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(1)
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The Committee
shall consist of such number of members as may be provided in the by-laws :
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Provided that,
the maximum number of members of the committee shall not exceed twenty-one:
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Provided
further that, the provisions of the Banking Regulation Act, 1949, shall apply
to all the societies carrying the business of banking.
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(2)
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The Committee
may co-opt “expert directors” relating to the objects and activities
undertaken by the society :
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Provided that,
the number of expert directors shall not exceed two, which shall be in
addition to the maximum number of members of the committee as specified in
the first proviso of sub-section (1) :
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Provided further
that, the committee may, in case of the committee having not more than
seventeen members, nominate a person as a functional director; and in case of
the committees having more than seventeen members and not more than
twenty-one members may nominate such number of functional directors, not
exceeding two :
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Provided also
that, in respect of the society having contribution of the Government towards
its share capital, the members of the committee shall include two officers of
the Govt. nominated by the State Govt., which shall be in addition to the
number of members specified in the first proviso to sub-section (1) :
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Provided also that,
in case the committee consists of two functional directors, one of such
functional directors shall be an employee of the concerned society who is
workman or is a representative of the recognized union of the employees of
such society :
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Provided also
that, the functional directors and the members nominated by the State
Government under the third proviso of a society shall also be the members of
the committee and such members shall be excluded for the purposes of counting
the total number of members of the committee specified in the first proviso
to sub-section (1) :
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Provided also
that, such expert directors shall not have the right to vote at any election
of the society and shall not be eligible to be elected as office bearers of
the committee.
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(3)
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The term of
the office of the elected members of the committee and its office bearers
shall be five years from the date of election and the term of the office
bearers shall be co-terminus with the term of the committee.
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(4)
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Any casual
vacancy in the committee may be filled in from amongst the members belonging
to the same category of persons in respect of which a casual vacancy has
arisen.
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(5)
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(a) If, at any
general election of members of the committee, the committee could not be
constituted after declaration of results, then notwithstanding anything
contained in this Act or the rules or the by-laws of the society, the
returning officer or any other officer or authority conducting such election
shall, within seven days of the declaration of two-thirds or more number of
members, 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, fraction shall be ignored
:
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Provided that,
such publication shall not be deemed,-
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(i) to
preclude the completion of elections of the remaining members and the
publication of their names and the permanent addresses of the elected members
likewise as and when they are available ; or
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(ii) to affect
the term of the office of members of the committee under the Act ;
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(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.”.
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