Part – iiI
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Deletion of sections 73AA and 73AB of Maharashtra XXIV of 1961.
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Sec. 31.
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Sections 73AA
and 73AB of the principal Act shall be deleted.
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Amendment of Section 73B of Maharashtra XXIV of 1961.
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Sec. 32.
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In section 73B
of the principal Act,-
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(a)
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in sub-section
(1),-
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(i) for the
words "four seats" the words "three seats" shall be
substituted ;
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(ii) in clause
(a-i), the word "and" shall be added at the end;
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(iii) in
clause (a-ii), the word "and" appearing at the end shall be deleted
;
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(iv) clause
(b) shall be deleted;
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(b)
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sub-section
(2) shall be deleted;
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(c)
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in sub-section
(3), the words "or as the case may be, weaker section," shall be
deleted ;
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(d)
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for
sub-section (4), the following sub-section shall be substituted, namely:-
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"(4)
Where no person is elected to any of the three reserved seats, then such seat
or seats shall be filled in by nomination from amongst the persons entitled
to contest the election under subsection (3).";
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(e)
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in the
Explanation, clause (c) shall be deleted;
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(f)
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for the
marginal note, the following marginal note shall be substituted, namely:-
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"Reservation
of certain seats on committees of societies and election thereto."
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Deletion of Section 73BB and 73BBB of Maharashtra XXIV of 1961.
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Sec. 33.
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Sections 73-BB
and 73-BBB of the principal Act shall be deleted.
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Substitution of Section 73C of Maharashtra XXIV of 1961.
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Sec. 34.
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For section
73C of the principal Act, the following section shall be substituted,
namely:-
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Reservation
for Women - 73C
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(1)
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Notwithstanding
anything contained in this Act, or in the rules made there under, or in the
by-laws of any society, there shall be two seats reserved for women on the
committee of each society consisting of individuals as members and having
members from such class or category of persons, to represent the women members.
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(2)
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Any individual
woman member of the society, or any woman member of the committee of a
member-society, whether elected, co-opted or nominated, shall be eligible to
contest the election to the seat reserved under sub-section (1).
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(3)
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Where no woman
member or, as the case may be, women members are elected to such reserved
seats, then such seat or seats shall be filled in by nomination from amongst
the women members eligible to contest the election under sub-section (2).
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(4)
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Nothing in
this section shall apply to a committee of a society exclusively of women
members.
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Deletion of Section 73E and 73EA of
Maharashtra XXIV of 1961.
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Sec. 35.
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Sections 73E
and 73EA of the principal Act shall be deleted.
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Amendment of Section 73FF of Maharashtra XXIV of 1961
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Sec. 36.
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Section 73FF
of the principal Act, shall be re-numbered as section 73CA and in section
73CA as so re-numbered,-
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(a)
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before
sub-section (1), the following sub-section shall be inserted, namely :-
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“(A1) In the
case of a society, which gives loans to members for purchasing machinery,
implements, equipments, commodities or other goods, or which deals in such
goods, no member, who or whose member of the family is a dealer in such goods
or is a director of a company or a partner in a firm carrying on business in
such goods, in the area of operation of the society shall be eligible for
being elected or nominated as a member of the committee of such society.
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Explanation.-
For the purposes of this sub-section, the expression “family ” shall have the
same meaning as explained in the Explanation I, to sub-section (2) of section
75.”;
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(b)
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in sub-section
(1),-
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(i) in the
Explanation, after paragraph (e), the following paragraph shall be inserted,
namely:-
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"(f) in
the case of District Central Co-operative Bank or of the State Co-operative
Bank, a member, if he,-
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(i) is a
person who represents a society other than a primary agricultural credit
co-operative society on the board of a District Central Co-operative Bank or
the State Co-operative Bank, if the society to whom he represents has
committed a default towards the payments of such Bank for a period exceeding
ninety days;
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(ii) is a
person who is a defaulter of a primary agricultural credit co-operative
society or is an office bearer of a defaulting primary agricultural
co-operative credit society;
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(iii) is a
person who represents a society whose Managing Committee is superseded.”;
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(ii) after
clause (ii), the following clause shall be inserted, namely:-
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“(ii-a) has
been classified as non-active member under subsection (2) of section 26;
or";
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(iii) in
clause (v),-
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(A) for the
words, brackets, figures and letter “subsection (2) of section 73F” the
words, brackets, letters and figure “clause (b) of sub-section (A1)” shall be
substituted ;
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(B)
Explanation shall be deleted ;
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(iv) in clause
(vi), for the words, letters and figures “or is selected or elected to any
reserved seat on the committee of a society under section 73BB” the words,
brackets, figures and letter “or is nominated as functional director on the
committee of a society under sub-section (2) of section 73A” shall be
substituted;
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(v) after
clause (vii), the following clauses shall be added, namely:-
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(viii) is held
guilty for any offence under section 146 and convicted under section 147; or
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(ix) is
convicted with imprisonment of not less than one year for an offence under
the provisions of any law for the time being in force. ";
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(c)
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after
sub-section (2), the following sub-sections shall be added, namely:-
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“(3) A member
of a committee who has ceased to be a member thereof, on account of having
incurred disqualification under subsection (A1) and clauses (i) to (ix) of
sub-section (1) shall not be eligible to be re-elected, re-co-opted or
re-nominated as a member of the committee till the expiry of the period of
next term of five years of the committee from the date on which he has so
ceased to be a member of the committee.
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(4) A member
of a committee who has ceased to be a member thereof, on account of having
incurred any disqualification other than disqualifications, referred to in
sub-section (3) shall, unless otherwise specifically provided in this Act, be
eligible to be re-nominated, re-co-opted or re-elected as a member of the
committee as soon as such disqualification ceases to exist.”;
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(d)
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for the
marginal note, the following marginal note shall be substituted, namely:-
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“Disqualification
of committee and its members.”
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Insertion of Section 73CA of Maharashtra XXIV of 1961
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Sec. 37.
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After section
73CA of the principal Act, the following section shall be inserted, namely:-
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State
Co-op Election Authority - 73CB
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(1)
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The
superintendence, direction and control of the preparation of the electoral
rolls for, and the conduct of, all elections to a society shall vest in the
authority called as 'the State Co-operative Election Authority', as may be
constituted by the State Government in that behalf. Every general election of
the members of the committee and election of the office-bearers of a society
including any casual vacancy, to the extent applicable, shall be held as per
the procedure prescribed.
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(2)
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The State
Co-operative Election Authority shall consist of a State Co-op Election
Commissioner, who has held the post not below the rank of Secretary to the
State Government. The State Co-operative Election Commissioner shall be
appointed by the Governor. The State Co-op Election Commissioner shall hold
the office for a period of three years and he may be re-appointed for a
further period of two years. The office of the State Co-operative Election
Authority shall be at such place as may be notified by the State Government:
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Provided that,
a person appointed as the State Co-operative Election Commissioner shall
retire from the office on completion of the age of sixty-five years.
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(3)
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The State
Government shall appoint on deputation, any person holding a post not below
the rank of Additional Registrar, as a Secretary to the State Co-operative
Election Authority.
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(4)
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Subject to the
provisions of sub-section (2), other conditions of service, including the salary
and allowances, of the State Co-operative Election Commissioner shall be such
as may be prescribed. Subject to the provisions of sub-section (6), the State
Co-operative Election Commissioner shall be removed from his office only by
an order of the Governor on the ground of proved misbehavior or incapacity
after an inquiry ordered by the Governor and conducted by a retired Judge of
the High Court, who has on inquiry, reported that the State Co-operative
Election Commissioner ought to be removed on such ground.
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(5)
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The Governor
may suspend the State Co-operative Election Commissioner from his office, and
if deemed necessary, also prohibit him from attending the office during
inquiry, if an inquiry has been ordered under sub-section (4), until the
Governor has passed the orders on receipt of the report of the retired High
Court Judge.
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(6)
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Notwithstanding
anything contained in sub-section (5), the Governor may, by order, remove the
State Co-operative Election Commissioner from his office, if he,-
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(a) is
adjudged an insolvent; or
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(b) has been
convicted of an offence which, in the opinion of the Governor involves moral
turpitude; or
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(c) has
engaged during his term of office in any paid employment outside the duties
of his office; or
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(d) is, in the
opinion of the Governor, unfit to continue in office by reason of infirmity
of mind or body; or
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(e) has
acquired such financial or other interest as is likely to affect
prejudicially his functions as the State Co-operative Election Commissioner.
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(7)
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The State
Government, after consultation with the State Co-operative Election
Commissioner, shall provide the officers and employees for his office, to
assist him in performing his functions under this Act.
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(8)
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The State
Government shall, when so requested by the State Co-operative Election
Commissioner make available to the State Co-operative Election Authority such
staff as may be necessary for discharge of the functions conferred on the
State Co-operative Election Authority by sub-section (1).
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(9)
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(a) If any
person to whom sub-section (8) applies is, without reasonable cause, guilty
of any act or omission in discharge of his official duty, he shall, on
conviction, be punished with fine which may extend to five hundred rupees.
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(b) No suit or
other legal proceedings shall lie against any such person for damages in
respect of any such act or omission as aforesaid.
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Explanation.-
For the purposes of this sub-section, the expression “persons to whom
sub-section (8) applies” are the Returning Officers, Assistant Returning
Officers, Presiding Officers, Polling Officers and any other persons
appointed to perform any duty in connection with the receipt of nominations
or withdrawal of candidatures, or the recording or counting of votes at an
election; and the expression “official duty” shall be construed accordingly,
but shall not include duties imposed otherwise than by or under this Act.
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(10)
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Notwithstanding
anything contained in any law for the time being in force, the election of
the committee of each society shall be conducted by the State Co-operative
Election Authority before the expiry of the term of the existing committee so
as to ensure that the newly elected members of the committee assume office
immediately on the expiry of the office of the members of the outgoing
committee.
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(11)
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The State
Co-operative Election Authority shall hold the elections of the society or
class of societies as per the procedure, guidelines and the manner, including
using the latest technology and expertise, as may be prescribed:
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Provided that,
the State Government may, considering the objects of the society, class of
societies, area of operation and norms of business and for proper management
and interest of members, may by general or special order, classify the
societies in such manner as may be prescribed.
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(12)
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The State
Co-operative Election Authority shall conduct elections to the committee and
also to office of President or Chairperson, Vice-President or
Vice-Chairperson and such other office bearers as are required to be elected
as per the by-laws of the society, within fifteen days from the constitution
of the committee after a general election.
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(13)
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There shall be
an Election Fund maintained at level of the State Co-operative Election
Authority. Every society shall deposit in advance, the estimated amount of
expenditure on its election, as may be prescribed and required by the State
Co-operative Election Authority towards the Election Fund. The State
Co-operative Election Authority shall incur the necessary expenses, for the
conduct of the elections of the societies, including the election of the
office bearers, from the said fund. The expenses of the holding of any
election, including the payment of travelling allowances, daily allowances
and remuneration, if any, to the persons appointed to exercise the powers and
perform the duties in respect of the election, shall be incurred from the
said fund and the expenditure shall be made in the manner prescribed. The
Registrar, on requisition by the State Co-operative Election Authority, shall
recover expenses of holding election from any such society or class of
societies:
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Provided that,
if any society fails to pay the election expenses, the Registrar may issue
the recovery certificate for recovery of the amount due and such amount shall
be recovered as arrears of land revenue.
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(14)
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The committee
of every co-operative society shall, -
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(a) inform the
State Co-operative Election Authority about the expiry of its term of office
at-least six months before the date of expiry of such term;
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(b) inform any
casual vacancy occurred in the committee or its office bearers, within
fifteen days of the occurrence of such vacancy;
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(c) furnish
such books, records and information as the State Co-operative Election
Authority may require as per the calendar specified by the State Co-operative
Election Authority;
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(d) Provide
all necessary help, assistance and co-operation for the smooth preparation of
electoral rolls for the conduct of elections.
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(15)
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Notwithstanding
anything contained in this Act, the rules or the by-laws of any co-operative
society, the election to the committee and consequent election of the
office-bearers which is due on the date of commencement of the Maharashtra
Co-operative Societies (Amendment) Act, 2013, or may become due after such
date, until 31st March 2013 shall be held before the 31st December 2013.”.
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Substitution of Section 73F of Maharashtra XXIV of 1961
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Sec. 38.
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For section
73F of the principal Act, the following section shall be substituted,
namely:-
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Election
to more than one seat on the committee of the society - 73F
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“If a person
is elected to more than one seat on the committee then, unless within a
period of thirty days from the date of declaration of the result of the
election 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 officer
authorised by the State Co-operative Election Authority in this regard, all
the seats shall become vacant. On receipt of such resignation or on the seats
becoming so vacant, the Election Officer, or as the case may be, the officer
authorised by the State Co-operative Election Authority in this regard shall
cause to hold the election for filling the vacancy.”
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Deletion of Section 73FFF and 73G of Maharashtra XXIV of 1961
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Sec. 39.
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Sections 73FFF
and 73G of the principal Act shall be deleted.
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Deletion of Section 73H of Maharashtra XXIV of 1961
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Sec. 40.
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Section 73H of
the principal Act shall be deleted.
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