MANAGEMENT OF
SOCIETIES
72.
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Subject to the
provisions in this Act and the rules, the final authority of every society
shall vest in the general body of members in general meeting, summoned in
such a manner as may be specified in the bye-laws.
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Where the bye-laws
of a society so provide, the general meeting shall be attended by delegates
appointed by the members, and such meeting shall be deemed to be the meeting
of the general body, for the purpose of exercising all the powers of the
general body.
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72-A.
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Freedom of affiliation or disaffiliation with a federal structure of
choice -
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Notwithstanding anything contained in this Act or any
other law for the time being in force, the co-operative credit structure
entity shall have the liberty for the affiliation or disaffiliation with the
federal structure of its choice:
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Provided that, in the general meeting of the
co-operative credit structure entity, a resolution for this purpose is passed
by a majority of not less than three/ fourth of the total members of such
entity.
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73.
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(1)
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The management of
every society shall vest in a committee, constituted in accordance with this
Act, the rules and bye-laws which shall exercise such powers and perform such
duties as may be conferred or imposed respectively by this Act, the rules and
the bye-laws.
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(1AB)
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The members of the
committee shall be jointly and severally responsible for all the decisions
taken by the committee during its term relating to the business of the
society. The members of the committee shall be jointly and severally
responsible for all the acts and omissions detrimental to the interest of the
society.
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Provided that,
before fixing any responsibility mentioned above, the Registrar shall inspect
the record of the society and decide as to whether the losses incurred by the
society are on account of acts or omissions on the part of the members of the
committee or on account of any natural calamities, accident or any
circumstances beyond the control of such members:
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Provided further
that, any member of the committee, who does not agree with any of the
resolution or decision of the committee, may express his dissenting opinion
which shall be recorded in the proceedings of the meeting and such member
shall not be held responsible for the decision embodied in the said
resolution or such acts or omissions committed by the committee of that
society as per the said resolution. Such dissenting member, if he so desires,
may also communicate in writing, his dissenting note to the Registrar “within
fifteen days from the date of the said resolution or decision or from the date of confirmation of
the said resolution or decision”. [* Was substituted By MAH. XXIV of 1961] Any member, who is not present for the
meeting in which the business of the society is transacted, and who has not
subsequently confirmed the proceedings of that meeting, such member shall
also not be held responsible for any of the business transacted in that
meeting of the society.
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(1-A)
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Notwithstanding
anything contained in this Act, the rules made there under or in the bye-laws
of any society or class of societies,—
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(a)
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The first general
meeting of a society shall be convened within three months from the date of
its registration to appoint a provisional committee and to transact other
business as may be prescribed. The term of the members of such provisional
committee shall be for a period of one year from the date on which it has
been first appointed or till the date on which a regular committee is duly constituted
in accordance with the provisions of the rules or bye-laws made under this
Act, whichever is earlier; and all the members of such provisional committee
shall vacate office on the date of expiry of such period or such constitution
of the committee:
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(b)
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notwithstanding
anything contained in clause (a), the provisional committees for the
Co-operative Sugar Factories and Co-operative Spinning Mills and such other
class of societies, as the State Government may, by special or general order,
in the Official Gazette, specify in this behalf, shall be appointed by the
State Government; and the members thereof shall hold office for a period of
three years, which period may be extended by one year, at a time, so however
that, the total period shall not exceed five years, in the aggregate;
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Provided that, the
State Government shall have the power to change or reconstitute such
committee or, any or all members thereof at its discretion even before the
expiry of the period for which a member or members were nominated thereon:
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Provided further
that, the member or members assuming office on such change or re-constitution
of the committee shall hold office for the period for which the provisional
committee has been appointed under this clause.
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(c)
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pending the first
constitution of the committee of a society, the provisional committee of the
society shall exercise the powers and perform the duties of the committee of
such society as provided in this Act, the rules and bye-laws and make
necessary arrangements for holding election of the committee, before the
expiry of its term.
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(2)
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Notwithstanding
anything contained in any bye-laws of a society or class of societies, the
Registrar may, having regard to the area of operation, subscribed share
capital or turnover of a society or class of societies, by general or special
order, published in the Official Gazette, prescribed the maximum number of
members on the committee of such society or class of societies, as may be
specified in such order. [* Was deleted By MAH. XXIV of 1961]
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73-IA.
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Election to more than one
seat on committee of society including specified society. — [* Was
deleted By MAH. XXIV of 1961]
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If a person is elected to more than one seat on the
committee of a society including a society belonging to any of the categories
specified in section 73-G, then, unless within a period of fifteen 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 address to the Election Officer, or as
the case may be, the Collector, all the seats shall become vacant. On receipt
of such resignation or on the seats becoming vacant as aforesaid, the
Election Officer, or as the case may be, the Collector shall declare the
candidate from the constituency or constituencies concerned securing the next
higher number of votes as duly elected.
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73-IB.
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Powers of State Government
to postpone election. — [* Was
deleted By MAH. XXIV of 1961]
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Where due to scarcity, drought, flood, fire, or any
other natural calamity or rainy season or any election program, of the State
Legislative Assembly or Council or the House of the People or a local
authority, coinciding with the election program of any society or class of
societies or such other reasons as, in the opinion of the State Government,
are exceptional, it is not in the public interest to hold elections to any
society or class of societies, the State Government may, notwithstanding
anything contained in this Act, or in any rules, or bye-laws made there
under, or any other law for the time being in force, for reasons to be
recorded in writing, by general or special order, postpone the election of
any society or class of societies, for a period not exceeding six months at a
time which period may further be extended so, however, that the total period
shall not exceed one year in the aggregate.
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73-IC.
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Election to notified
societies. — [* Was deleted By MAH. XXIV of 1961]
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(1)
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Where the State Government is satisfied that, having
regard to the objects of the society or class of societies (other than the
societies specified by or under section 73-G), or composition of membership
thereof, or proper management and the interest of the members, it is
necessary in the public interest to hold elections to any society or class of
societies, the State Government may, notwithstanding anything contained in
this Act, or in any rules, or bye-laws made there under, or in any other law
for the time being in force, by general or special order, notify in the
Official Gazette, such society or class of societies and the election to such
society or class of societies shall be held by the Registrar in the
prescribed manner.
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(2)
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The Registrar shall recover the expenses of holding
election to any such society or class of societies as is referred to in
sub-section (1), in the prescribed manner.
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73-ID.
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Motion of no-confidence
against officers of societies —
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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. [* Was substituted By MAH. XXIV of 1961]
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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: [* Was substituted By MAH.
XXIV of 1961]
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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. [* Was substituted By MAH. XXIV of 1961]
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(3)
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The Registrar shall, within seven days from the date of
receipt of the requisition under sub-section (2), convene a special meeting
of the committee. The meeting shall be held on a date not later than fifteen
days from the date of issue of the notice of the meeting.
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(4)
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The meeting shall be presided over by the Registrar or
such officer not below the rank of an Assistant Registrar of Co-operative
Societies authorised by him in his behalf The Registrar or such officer
shall, when presiding over such meeting, have the same powers as the
President or Chairman when presiding over a committee meeting has, but shall
not have the right to vote.
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(5)
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The meeting called under this section shall not, for
any reason, be adjourned.
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(6)
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The names of the committee members voting for and
against the motion shall be read in the meeting and recorded in the minute
book of committee meetings.
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(7)
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If the motion of no-confidence is rejected, no fresh
motion of no-confidence shall be brought before the committee within a period
of one year from the date of such rejection of the motion.
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73-A.
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(1)
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In this section
and “in sections 73C, 73D and 73E” [* Was deleted By MAH. XXIV of 1961], “a designated
officer” means the Chairman and the President, and includes any other officer
of the society as may be declared by the State Government, by notification in
the Official Gazette, to be a designated officer, but does not include any
officer appointed or nominated by the State Government or by the Registrar.
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(2)
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No person shall,
at the same time, be or continue to be a designated officer of more than one
society falling in Category I or Category II or Category III of the
Categories mentioned below; and shall not be or continue to be a designated
officer in more than two societies in the aggregate in the three Categories
:-
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Category I -
Societies, the area of operation of which extends to the whole of the State,
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Category II -
Societies, the area of operation of which does not extend to the whole of the
State,
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(a)
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But extends to at
least one whole district irrespective of their authorised share capital; or
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(b)
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But extends to
areas comprised in part or parts in one or more districts and the authorised
share capital of which is more than Rs.10 Lakh.
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Category III -
Societies, the area of operation of which does not extend to the whole of a
district but extends to one whole Taluka, or the authorised share capital of
which is not more than Rs.10 Lakh but is not less than Rs. 5 Lakh.
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Explanation - For
the purposes of this sub-section, the expression "society" shall
not include a society with no share capital and a society not engaged in
commercial activities.
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(2A)
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If any question
arises whether or not a society falls under any of the categories referred to
in sub-section (2), such question shall be referred to and decided by the
Registrar and his decision shall be final.
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(3)
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Subsection (3)
deleted
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(4)
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If any person
becomes, at the same time a designated officer of societies, in excess of the
number prescribed under sub-section (2), unless he resigns his office in the
society or societies in excess of the said number within a period of ten days
from the date on which he is “elected, co-options or nominated” [* Was substituted By MAH. XXIV of 1961]
a designated officer of more than the permissible number of society or
societies, or if the “elections, co-options or nominations” [* Was substituted By MAH. XXIV of 1961] are
held or made simultaneously, from the date on which the result of last of
such elections or appointments is declared, he shall, at the expiration of
the said period of ten days, cease to be a designated officer of all such
societies, and thereupon, notwithstanding anything contained in any other
provisions of this Act, a person so resigning or ceasing to be a designated
officer of any or all such societies shall not be eligible for being “re-elected,
re-co-opted or re-nominated” [* Was
substituted By MAH. XXIV of 1961] as a designated officer of such society
or societies during the remainder of the term of office for which he was so
elected or appointed; and at no point of time such person shall be a
designated officer of societies in excess of the number prescribed under
sub-section (2).
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(5)
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No person shall
be, or shall continue to be, a designated officer of any society of any of
the categories referred to in sub-section (2), for a period of more than ten
years in the aggregate and at the expiration of that period any such person
shall cease to be a designated officer of that society, and shall not be
eligible for being re-elected or re-appointed as a designated officer, until
a period of one term of the committee has elapsed after completion of the
aforesaid period of ten years. [* Was deleted By MAH. XXIV of 1961]
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Explanation.-For the
purposes of this sub-section; [* Was deleted By MAH. XXIV of 1961]
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(a)
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in calculating the
aggregate period of ten years in office, any period for which the person
concerned may have been such officer, before the commencement of the
Maharashtra Co-operative Societies (Second Amendment) Act, 1969, shall be
ignored; [* Was deleted By MAH. XXIV of 1961]
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(b)
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if any person
resigns his office as a designated officer at any time within twelve months
of the date on which the aggregate, period of ten years would, but for his
resignation, have been completed, he shall be deemed to have completed the
period ten years on his resignation. [*
Was deleted By MAH. XXIV of 1961]
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(6)
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No member of the
Council of Ministers shall be, or continue to be, a designated officer of any
society of any of the categories referred to in sub-section (2): [* Was deleted By MAH. XXIV of 1961]
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Provided that, nothing
in this sub-section shall affect any member of the Council of Ministers who
is a designated officer of any such society on the date of commencement of
the Maharashtra Co-operative Societies (Second Amendment) Act, 1985, and he
shall continue to hold office till completion of his term, unless he resigns
or vacates the office of such designated officer for any reason whatsoever
before the expiry of his term as such designated officer. [* Was deleted By MAH. XXIV of 1961]
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(7)
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Where a person is
elected, co-opted, appointed 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
organization, he shall cease to be such member on the date on which he ceases
to hold such office. [* Was inserted By MAH. XXIV of 1961]
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(8)
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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. [* Was inserted By MAH. XXIV of 1961]
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(9)
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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. [* Was inserted By MAH. XXIV of 1961]
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73AAA.
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Constitution
of Committee.- [* Was inserted By MAH. XXIV of 1961]
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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-a)
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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)
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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)
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to affect the
term of the office of members of the committee under the Act ;
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(b)
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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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73AA.
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Designated officer
who is associate Councilor to cease to be designated officer on ceasing to be
such Council or—[* Was deleted By MAH. XXIV of 1961]
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Where, after the
commencement of the Maharashtra Zillah Parishads and Panchayat Samitis (Fourth
Amendment) Act, 1974, designated officer of any society of any of the
categories referred to in sub-section (2) of Section 73 A who is also an
associate Councilor of any Zillah Parishad, ceases to be the associate
Councilor of such Zillah Parishad by operation of the provisions of Section
82 of the Maharashtra Zillah Parishads and Pinhead Samitis Act, 1961, he
shall also cease to be a designated officer of the said society from the date
on which he so ceases to be an associate Councilor of the Zillah Parishad.
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73AB.
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Cessation of
membership of committee held by virtue of office under Government etc. - [* Was deleted By MAH. XXIV of 1961]
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Where a person is
elected, co-opted, appointed 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 in any body corporate or in any
organization, he shall cease to be such member on the date on which he ceases
to hold such office.
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73-B.
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Reservation of certain seats on committees
of societies and election thereto. — [* Was
substituted By MAH. XXIV of 1961]
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(1)
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Notwithstanding anything contained in this Act or in
the rules made there under or in any bye-laws of any society, on the
committee of such society or class of societies as the State Government may,
by general or special order, direct, “three seats” [* Was substituted By MAH. XXIV of 1961] shall be reserved,—
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(a)
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One for the
members belonging to the Scheduled Castes or Scheduled Tribes;
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(a-1)
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One for the members
belonging to the Other Backward Classes; “and” [* Was inserted By MAH. XXIV of 1961]
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(a-2)
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One for the
members belonging to the De-notified Tribes (Vimukta Jatis), Nomadic Tribes
or Special Backward Classes; and
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(b)
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One for the
members belonging to the weaker section. [* Was
deleted By MAH. XXIV of 1961]
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(2)
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The four reserved
seats referred to in sub-section (1), shall unless where the bye-laws of the
society already provide for the reserved seats, be in addition to the
strength of the members of the committee of such a society or class of
societies. [* Was deleted By MAH. XXIV of 1961]
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(3)
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Any individual
member of the society, or any elected member of the committee of a member-
society, or any member of the committee of a member-society, whether elected,
co-opted or appointed under this section, belonging to the Scheduled Castes
or Scheduled Tribes, or Other Backward Classes or De-notified Tribes (Vimukta
Jatis) or Nomadic Tribes or Special Backward Classes “or as the case may be,
weaker section” [* Was deleted By MAH. XXIV of 1961], shall be
eligible to contest the election to reserved seat and every person who is
entitled to vote at the election to the committee shall be entitled to vote
at the election to any such reserved seat.
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(4)
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Where no person is
elected to any of the four reserved seats, then; such seat or seats shall be filled in by
nomination from amongst the persons entitled to contest the election under
sub section (3). [* Was substituted By MAH. XXIV of 1961]
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Explanation: For
the purposes of this section;
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(a)
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a general or
special order, if any, issued by the State Government under Section 73-B as
it existed before the date of commencement of the Maharashtra Co-operative
Societies (Amendment) Act, 1983 shall be deemed to have been issued under
sub-section (1) of this section and shall continue to be in force until duly
repealed or amended:
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(b)
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the expression
"Scheduled Castes" includes "Nav-Boudhas"
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(b-1)
|
the expression
"Other Backward Classes, De-notified Tribes (Vimukta Jatis) and Nomadic
Tribes and Special Backward Classes" means such classes or parts of or
groups within such classes as are declared, from time to time, by the State
Government to be Other Backward Classes, De-notified Tribes (Vimukta Jatis)
and Nomadic Tribes and Special Backward Classes;
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(c)
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the expression
"members belonging to weaker section" means a member or such class
of members as the State Government may, by general or special order from time
to time, declare [* Was deleted By MAH. XXIV of 1961]
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73BB.
|
Reservation of
seats for employees on committees of certain societies. - [* Was deleted By
MAH. XXIV of 1961]
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(1)
|
On the committee
of such society or class of societies as the State Government may, by general
or special order, direct where the number of permanent salaried employees of
the society is 25 or more;
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(a)
|
if the number of
members of the committee thereof is 11 or less-one seat; and
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(b)
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if the number of
such members is 12 or more - one additional seat for every 10 members over
and above the first 11 members,
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shall be reserved
for such employees. The seat so reserved shall be filled by selection made by
the recognized union or unions and where there is no union at all or where
there is a dispute in relation to such issues including whether a union is
recognized or not, then the seats so reserved shall be filed by an election
by such employees from amongst themselves in the prescribed manner. Any
person selected or elected as a member of the committee to any reserved seat
shall not be entitled to be elected as an officer of such society, or to vote
at any election of officers.
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Explanation - for
the purposes of this section the members of the committee shall mean and
include elected, appointed, nominated, co-opted as well as ex-officio members
of the committee but it shall not include the representatives of the
employees
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2)
|
No employee who is
under suspension shall be eligible for being selected or elected or for being
constituted as a member under subsection (1).
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(3)
|
Subject to the
provisions of sub-section (2), the term of a member representing the
employees shall be co-terminus with the term of the committee as provided
under the bye-laws of the society and after every fresh election of the
members of the committee a fresh selection or election, as the case may be,
of a member under sub-section (1), shall be necessary.
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73BBB.
|
Reservation of
seats on committees of societies for women members and elections thereto.—[* Was deleted By MAH. XXIV of 1961]
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(1)
|
Notwithstanding
anything contained in this Act, or in the rules made there under, or in the
bye-laws of any society, there shall be reserved seats for women on the
committee of each society to represent the women members in the following
manner, namely:—
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(a)
|
One seat on the
committee consisting of not more than 9 committee members;
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(b)
|
Two seats on the
committee consisting of 10 or more, but not exceeding 19 committee members;
and
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(c)
|
Three seats on the
committee consisting of 20 or more committee members.
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|
Explanation - For the
purpose of determining the number of committee members under this
sub-section, committee members who are elected, co-opted, nominated,
appointed or otherwise occupying the position on the committee under section
73B, 73BB and under this sub-section shall not be included.
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(2)
|
The reserved seats
referred to in sub-section (1) shall be in addition to the strength of the
members of the committee of a society:
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Provided that,
where the bye-laws of a society already provide for reservation of seats for
women on the committee thereof, the total number of seats to be so reserved
for women shall be equal to the number of seats specified in sub-section (1).
|
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(3)
|
Any individual
woman member of the society, or any woman member of the committee of a member
society, whether elected, co-opted or appointed, shall be eligible to contest
the election to a reserved seat on a committee of society; and every person
who is entitled to vote at the election of the committee shall be entitled to
vote at the election to any such reserved seat.
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(4)
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Where no woman
member or, as the case may be, women members are elected to the reserved
seats, then, —
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(a)
|
in the case of a
society other than a society mentioned in clauses (b) and (c), the Chief
Executive Officer such as the Chairman, Secretary or Manager or any other
Officer, by whatever designation called (hereinafter in this section
collectively referred to as "the Chairman");
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(b)
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in the case of a
society notified under section 73-IC, the Registrar; and
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(c)
|
in the case of a
society specified under section 73G, the Collector shall call a meeting of
the elected members of the committee to co-opt a woman member or, as the case
may be, women members on the committee from amongst the persons entitled to
contest the election under sub-section (3), and such meeting shall be
presided over by the Chairman, if it is a society referred to in clause (a),
or by the Registrar or any other officer authorised by him, if it is a
notified society or by the Collector or any other officer authorised by him,
if it is a specified society. If no woman member is co-opted at such meeting,
the Chairman or the Collector or, where the meeting is presided over by an
officer authorised by the Registrar or the Collector, such officer, as the
case may be, shall, within a period of seven days from the date of such
meeting, report the fact to the Registrar, and thereupon the Registrar shall,
within a period of seven days from the date of receipt of such report by him,
or where the Registrar himself has presided over such meeting, within a
period of seven days from the date of such meeting, appoint on the committee
a woman member or women members, as the case may be, from amongst the women
members entitled to contest the election to the reserved seats under
sub-section (3).
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(5)
|
Nothing in this
section shall apply to a committee of any society which exclusively of men
members, or as the case may be, of women members.
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(6)
|
Where election to
the committee of any society has been held without holding election to such
additional reserved seats or where election to such additional reserved seat
could not be held on or before the 30th September, 1992 on account of any
directions issued under section 157, then unless the process for election to
the committee including such additional reserved seats for women members has
already commenced, or election to the committee is or will be due and will be
held after the commencement of the Maharashtra Co-operative Societies
(Amendment) Act, 1992, such additional reserved seats of the committee shall
be filled in by co-option of women members by the committee of the society.
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(7)
|
Notwithstanding
anything contained in sub-section (6), no election to such additional
reserved seats shall be held where the term of the committee of a society is
to expire within six months from the date of the commencement of the
Maharashtra Co-operative Societies (Amendment) Act, 1991.
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(8)
|
The term of office
of such women members elected, co-opted or as the case may be, appointed on a
committee, shall be co-terminus with the term of the committee as provided
under the bye-laws of the society and at the time of every fresh election
thereafter, election shall be held to the additional reserved seats for women
members in accordance with the provisions of this section.
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73-C.
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Reservation
for Women - [* Was Substituted By MAH. XXIV of 1961]
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(1)
|
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)
|
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)
|
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)
|
Nothing in this section shall apply
to a committee of a society exclusively of women members
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73-D.
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||
No member of a
society, who is nominated to represent it on any other society, shall be
eligible for being elected or appointed as a designated officer of the other
society, unless the other society is its federal society.
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73-E.
|
In specified
societies members not having minimum number of transactions of certain
monetary limits not entitled to be designated officers.—[* Was deleted By MAH. XXIV of 1961]
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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 or appointed as a designated officer, if he does not
fulfill the minimum qualification relating to his transactions with the
society of such monetary limits as may be laid down, from time to time, in
such notification.
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73-EA.
|
Disqualification for being director of district central co-operative
bank or State co-operative bank.- [* Was deleted By MAH. XXIV of 1961]
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Without prejudice
to the other provisions of this Act or the rules made there under, in
relation to the disqualification of being a member of a committee, no person
shall be eligible for being appointed, nominated, co-opted or, for being a
director of a District Central Co-operative Bank or of the State Co-operative
Bank, 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 State Co-operative
Bank, if the society to whom he represents has committed a defaults towards
the payments of such Bank for a period exceeding ninety days;
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(ii)
|
Is a person who is
defaulter of a primary agricultural credit co-operative society or an officer
bearer of a defaulting primary agriculture 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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73-CA.
|
Disqualification of committee and its members.- [* Was substituted By
MAH. XXIV of 1961]
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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. [* Was inserted By MAH. XXIV of 1961]
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Explanation.- For
the purpose 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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||
(1)
|
Without prejudice
to the other provisions of this Act or the rules made there under, in relation
to the disqualification of being a member of a committee, no person shall be
eligible for being appointed, nominated, elected, co-opted or, for being a
member of committee, if he-
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(i)
|
Is a defaulter of
any society;
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|
Explanation.—For
the purpose of this clause, the term “defaulter” includes-
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||
(a)
|
In the case of a
primary agricultural credit society, a member who defaults the repayment of
the crop loan on the due date;
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|
(b)
|
In the case of
term lending society; a member who
defaults the payment of any installment of the loan granted to him;
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|
(c)
|
In the case of any
society;
|
|
(i)
|
A member who has
taken anamat or advance; or,
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|
(ii)
|
A member who has
purchased any goods or commodities on credit or availed himself of any
services from the society for which charges are payable; and fails to repay
the full amount of such anamat or advance or pay the price of such goods or
commodities or charges for such service, after receipt of notice of demand by
him from the concerned society or within thirty days from the date of
withdrawal of anamat or advance by him or from the date of delivery of goods
to him or availing of services by him, whichever is earlier;
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(d)
|
In the case of
non-agricultural credit society, a member who defaults the payment of any
installment of the loan granted;
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(e)
|
In the case of
housing societies, a member who defaults the payment of dues to the society
within three months from the date of service of notice in writing served by
post under certificate of posting demanding the payment of dues;
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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, [* Was inserted By MAH.
XXIV of 1961]
|
|
(i)
|
Is a persons 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 committee a
default towards the payments of such Bank for a period exceeding ninety days; [* Was inserted By MAH. XXIV of 1961]
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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; [* Was inserted By MAH. XXIV
of 1961]
|
|
(iii)
|
Is a person who
represents a society whose Managing Committee is superseded. [* Was inserted By MAH. XXIV of 1961]
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|
(ii)
|
has, in the
opinion of the Registrar, deliberately committed breach of co-operative
discipline with reference to linking up of credit with co-operative marketing
or co-operative processing; or
|
|
(ii-a)
|
Has been
classified as non-active member under subsection (2) of section 26; or [* Was inserted By MAH. XXIV of 1961]
|
|
(iii)
|
has been held
responsible under section 79 or 88 has
been held responsible for payment of costs of inquiry under section 85; or
|
|
(iv)
|
has incurred any
disqualification under this Act or the rules made there under; or
|
|
(v)
|
Carries on
business of the kind carried on by the society either in the area of
operation of the society or in contravention of the provisions of “clause (b)
of sub-section (A1);” or [* Was substituted
By MAH. XXIV of 1961]
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|
Explanation. - [*
Was deleted By MAH. XXIV of 1961]
|
||
(vi)
|
is a salaried
employee of any society (other than a society of employees themselves) or
holds any office of profit under any society, except when he holds or is
appointed to the office of a Managing Director or any other office declared
by the State Government by general or special order not to disqualify its
holder or is entitled to be “or is nominated as functional director on the
committee of a society under sub-section (2) of section 73 A”. [* Was substituted By MAH. XXIV of 1961]
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|
(vii)
|
has more than two
children:
|
|
Provided that, a
person having more than two children on the date of commencement of the
Maharashtra Co-operative Societies Act, 2001, shall not be disqualified under
this clause so long as the number of children he had on the date of such
commencement does not increase:
|
||
Provided further
that, a child or more than one child born in a single delivery within the
period of one year from the date of such commencement shall not be taken into
consideration for the purpose of disqualification mentioned in this clause.
|
||
Explanation.- For
the purposes of this clause,--
|
||
(a)
|
Where a couple has
only one child on or after he date of such commencement , any number of
children born out of a single subsequent delivery shall be deemed to be one
entity;
|
|
(b)
|
“Child” does not
include an adopted child or children.
|
|
(viii)
|
Is held guilty for
any offence under section 146 and convicted under section 147; or [* Was inserted By MAH. XXIV of 1961]
|
|
(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; [*
Was inserted By MAH. XXIV of 1961]
|
|
(2)
|
A member, who has
incurred any disqualification under sub-section (1), shall cease to be a
member of the committee and his seat shall thereupon be deemed to be vacant.
|
|
(3)
|
A member of a
committee who has ceased to be a member thereof, on account of having
incurred disqualification under sub section (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. [*
Was inserted By MAH. XXIV of 1961]
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|
(4)
|
A member of a
committee who has ceased to be a member thereof, on account of having
incurred any 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 exit. [*
Was inserted By MAH. XXIV of 1961]
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