Part – iv
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Insertion of Section 73H of Maharashtra XXIV of 1961
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Sec. 41.
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After section
73H of the principal Act, the following section shall be inserted, namely:-
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Responsibility
of committee or the Administrators or authorised officer to intimate and
assist to arrange for election, before expiry of term – 73I
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(1)
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As provided
under sub-section (14) of section 73CB, it shall be the duty of the committee
to intimate to the State Co-operative Election Authority, for holding of its
election, before expiry of its term.
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(2)
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Where there is
a willful failure on the part of the committee to intimate to the State
Co-operative Election Authority as required under sub-section (1) for holding
of its election, and for any reason whatsoever, election of the members of
the committee could not be held before the expiry of its term then the
members thereof shall cease to hold their office and in such a situation the
Registrar shall take action as contemplated under section 77A.
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(3)
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On taking such
action under sub-section (2), the authorised officer so appointed shall
intimate to the State Co-operative Election Authority for holding of the
election with immediate effect and assist to make necessary arrangement for
holding such election within the period specified.
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Amendment of section 75 of Maharashtra XXIV of 1961.
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Sec. 42.
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In section 75
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 “three months next after the date fixed for making up its accounts for
the year under the rules for the time being in force, call a general meeting
of its members”, the following shall be substituted, namely:-
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“four months
after the close of the financial year, get its books of accounts audited and
within six months after the close of financial year to transact its business
as may be provided in this Act, call the annual general body meeting of its
members”;
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(ii) the first
proviso shall be deleted;
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(iii) in the
second proviso, for the portion beginning with the words “Provided further
that” and ending with the words “duly called by the society,” the following
shall be substituted, namely:-
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“Provided
that, where such meeting is not called by the society, the Registrar or any
officer authorised by him may call such meeting in the manner prescribed and
that meeting shall be deemed to be a general body meeting duly called by the
society,”;
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(b)
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for
sub-section (2), the following sub-section shall be substituted, namely:-
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“(2) At every
annual general body meeting of a society, the committee shall lay before the
society,-
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(i) a
statement showing the details of the loans, if any, given to any of the
members of the committee or any member of the family of any committee member,
including a society or firm or company of which such member or members of his
family is a member, partner or director, as the case may be; the details of
repayment of loan made during the preceding year and the amount outstanding
and overdue at the end of that year;
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(ii) annual
report of its activities;
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(iii) plan for
disposal of surplus;
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(iv) list of
amendments of the by-laws of the society, if any;
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(v)
declaration regarding date and conduct of its election of its committee, when
due;
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(vi) audit
report of the preceding financial year;
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(vii)
rectification report of earlier audit;
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(viii) annual
budget for next year;
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(ix) any other
information required by the Registrar in pursuance of any of the provisions
of the Act and rules; and
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(x) such other
business will be transacted as may be laid down in the by-laws and of which
due notice has been given.
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Explanation
I.- For the purposes of this sub-section, the expression "family"
means a wife, husband, father, mother, brother, sister, son, daughter,
son-in-law or daughter-in-law;
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Explanation II.
- In the case of a society not carrying on business for profit, an audited
income and expenditure account shall be placed before the society at the
annual general body meeting instead of audited profit and loss account, and
all references to audited profit and loss account, and to "profit"
or "loss" in this Act, shall be construed in relation to such
society as references respectively to the "excess of income over
expenditure", and "excess of expenditure over income.";
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(c)
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after
sub-section (2), the following sub-section shall be inserted, namely:-
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“(2A) Every
society shall, appoint an auditor or auditing firm from a panel approved by
the State Government in this behalf in its annual general body meeting having
such minimum qualifications and experience as laid down in section 81, for
the current financial year and shall also file in the form of return to the
Registrar, the name of the auditor appointed and his written consent for
auditing the accounts of the society within a period of thirty days from the date
of the annual general body meeting:
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Provided that,
the same auditor shall not be appointed for more than three consecutive years
by the annual general body meeting of the same society;
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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) At every
annual general body meeting the audited balance sheet, the audited profit and
loss account, audit report of the preceding financial year submitted by the
auditor appointed under section 81, rectification report of earlier audit and
the committee's report shall be placed for adoption and such other business
will be transacted as may be laid down in the by-laws, and of which due
notice has been given.”;
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(e)
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in sub-section
(5), -
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(i) for the
words “general meeting within the period or, as the case may be, extended
period” the words "general body meeting within the period" shall be
substituted;
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(ii) for the
words, brackets and figure “sub-section (2),” at both the places where they
occur, the words, brackets, figures and letter “with sub-section (2), (2A),”
shall be substituted;
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(iii) for the
words “not exceeding three years” the words “not exceeding five years” shall
be substituted;
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(iv) for the
words “one hundred rupees” the words “five thousand rupees” shall be
substituted;
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(f) for the
marginal note, the following marginal note shall be substituted, namely:–
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“Annual
general body meeting.
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Amendment of section 76 of MAHARASHTRA XXIV of 1961.
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Sec. 43.
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In section 76
of the principal Act,-
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(a)
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in sub-section
(1), for the words "special general meeting" the words
"special general body meeting" shall be substituted ;
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(b)
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in sub-section
(2),-
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(i) for the
words “not exceeding three years” the words “not exceeding five years” shall
be substituted;
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(ii) for the
words “one hundred rupees” the words “five thousand rupees” shall be
substituted;
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(c)
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in sub-section
(3), for the words “special general meeting” the words “special general body
meeting” shall be substituted;
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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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“Special
general body meeting.”
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Amendment of section 77A of Maharashtra XXIV of 1961.
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Sec. 44
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In section 77A
of the principal Act,-
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(a)
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in clause (b),
the words “or extended term, as the case may be,” shall be deleted;
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(b)
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after clause
(b), the following clause shall be inserted, namely:-
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“(b-1) there
is a stalemate in the constitution or committee has ceased to function and
vacuum is created in the management;”;
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(c)
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in clause
(f),-
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(i) for the
words “on the application of any officer of the society” the words “on the
application of any officer or member of the society” shall be substituted;
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(ii) in
sub-clause (ii), for the words “one or more administrators” the words “one or
more authorised officers” shall be substituted;
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(d)
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after the
second proviso, the following proviso shall be added, namely:-
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“Provided also
that, if no member or members of the society are willing to work on such
committee, it shall be lawful for the Registrar, to appoint one or more
authorised officers, not being a member of the society, as he may deem fit,
to look after affairs of the society”;
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(e)
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in sub-section
(2), for the word “Administrator” the words “authorised officer” shall be
substituted;
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(f)
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in sub-section
(3),-
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(i) for the
word “Administrator” the words “authorised officer” shall be substituted;
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(ii) the first
and second proviso shall be deleted;
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(iii) for the
third proviso, the following proviso shall be substituted, namely:-
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“Provided
that, in no circumstances the term of office of the committee or authorised
officer shall exceed six months from the date of their holding office.”;
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(g)
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in sub-section
(4), for the word “administrators” the words “authorised officers” shall be
substituted;
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(h)
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in sub-section
(5),-
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(i) for the
words, brackets, figures and letter “sub-section (2A) of section 78” the
words, brackets, figures and letter “sub-section (2) of section 78A” shall be
substituted ;
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(ii) for the
words “the members or administrators” the words “authorised officers” shall
be substituted;
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(i)
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for the
marginal note, the following marginal note shall be substituted, namely:-
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“Appointment
of member of committee, new committee, authorised officers, where there is
failure to elect member, to constitute committee or where committee does not
enter upon office, etc.”
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Substitution of section 78 of Maharashtra XXIV of 1961.
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Sec. 45.
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For section 78
of the principal Act, the following section shall be substituted, namely:-
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(1)
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If, in the
opinion of the Registrar, the committee makes a persistent default in
performance of its duties or is negligent in the performance of its duties or
is otherwise not discharging its functions properly and diligently, or there
is a stalemate in the constitution or functioning of the committee,
occasioned by resignation, disqualification of members of committee or
otherwise, the Registrar, after giving the committee an opportunity of
showing cause, in writing, if any, within fifteen days from the date of
receipt of notice and after giving reasonable opportunity of being heard and
after consultation with the federal society to which the society is
affiliated, comes to a conclusion that the charges mentioned in the notice
prima facie exist, but are capable of being remedied with, he may by order,-
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(i) keep the
committee under suspension for such temporary period, not exceeding six
months as may be specified in the order; and
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(ii) appoint
an administrator or committee of administrators consisting of three or more
members of the society otherwise than the members of the committee so
suspended in its place or appoint an administrator or committee of administrators
who need not be the members of the society, to manage the affairs of society
:
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Provided that,
nothing in this sub-section shall apply to a society, where there is no
Government shareholding or loan or financial assistance in terms of any cash
or kind or any guarantee by the Government :
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Provided
further that, in case of a society carrying on the business of banking, the
provisions of the Banking Regulation Act, 1949, shall also apply :
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Provided also
that, in case of society carrying on the business of banking, the provisions
of this clause shall have effect as if for the words “six months” the words
“one year” had been substituted :
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Provided also
that, the Registrar shall have the power to change the committee or any
member thereof or Administrator appointed, at his discretion even before the
expiry of the period specified in the order made under this section :
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Provided also
that, such federal society shall communicate its opinion to the Registrar
within 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
order of suspension and the Registrar shall be at liberty to proceed further
to take action accordingly.
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(2)
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The
administrator or committee of administrators, as the case may be, so
appointed under clause (ii) of sub-section (1), shall submit a report to the
Registrar within such period as may be specified in the order as to the
remedial measures taken and after going through the report or any other
material placed on record, if the Registrar is satisfied that the charges
mentioned in the notice are made good or remedied, he shall by order revoke,
the order of suspension and direct the administrator or the committee of
administrators to handover the management to the suspended committee with
immediate effect.
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(3)
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When a notice
is issued against any committee or a member under sub-section (1), if
resignation from any office is tendered by the committee or a member, it
shall not be valid or effective until two months have elapsed from the date
of issue of the notice or until it is permitted to be accepted by the
Registrar, whichever is earlier.
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(4)
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The
administrator or committee of administrators so appointed shall, subject to
the control of the Registrar and such instructions as he may from time to
time give, have power to exercise all or any of the functions of the
committee or of any officer of the society and take all such actions as may
be required in the interest of the society and shall arrange for conduct of
the election, through the State Co-operative Election Authority, within the
period specified and handover the management to the newly elected Committee
in accordance with the Act, rules and bye-laws of the society. The
administrator or committee of administrators so appointed as aforesaid, shall
notwithstanding anything contained in the bye-laws, have power to call a
special general body meeting of the society to review or reconsider the
decisions or the resolutions taken or passed at the general body meeting
called by the previous committee or to endorse the action taken by it.
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(5)
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The conditions
of service of the administrator shall be fixed by the Registrar which shall
include the remuneration payable to him and expenses of management. Such
remuneration and expenses shall be payable out of the funds of the society
within such time and at such intervals as the Registrar may fix, and if such
remuneration or expenses are not paid within such time or at intervals, the
Registrar may direct the person having custody of the funds of the society to
pay to the administrator or committee of administrators such remuneration and
expenses in priority to any other payments, except land revenue, any arrears
of land revenue, or any sum recoverable from the society as arrears of land
revenue, and he shall, so far as the funds to the credit of the society
allow, comply with the orders of the Registrar.
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(6)
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All acts done
or purported to be done by the administrator or committee of administrators
during the period the affairs of the society are carried on by the
administrator or committee of administrators appointed under sub-section (1)
shall be binding on the new committee.”
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