MISCELLANEOUS
155.
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Recovery of sums due to Government. -
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(1)
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Unless otherwise
provided by this Act, all sums due from a society or from an officer or
member and a past member or deceased
member of a society as such to the Government, may be recovered according to
the law and under the rules for the time in force or the recovery of arrears
of land revenue.
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(2)
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Sums due from a
society to the Government and recoverable under the foregoing sub-section may
be recovered, firstly from the property of the society, secondly in the case
of which the liability of the members is limited, from the members or past
members or the estate of deceased members subject to the limit of their
liability, and thirdly, in the case of societies with unlimited liability,
from the members or past members or estate of deceased members.
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(3)
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The liability of
past members or estate of deceased members shall in all cases be subject to
the provisions of section 33.
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156.
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(1)
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The Registrar or any officer subordinate to him and
empowered by him in this behalf or an officer of such society as may be
notified by the State Government, who is empowered by the Registrar in this
behalf may, subject to such rules as may be made by the State Government, but
without prejudice, to any other mode of recovery provided by or under this
Act, recover—
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(a)
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any amount due under a decree or order of a Civil Court
obtained by a society;
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(b)
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any amount due under a decision, award or order of the
Registrar, Co-operative Court or Liquidator or Co-operative Appellate Court;
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(c)
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any sum awarded by way of costs under this Act;
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(d)
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any sum ordered to be paid under this Act as a
contribution to the assets of the Society;
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(e)
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any amount due under a certificate granted by the
Registrar under sub-section (1) or (2) of section 101 or under subsection (1)
of section 137; together with interest, if any, due on such amount or sum and
the costs of process according to the scales of fees laid down by the
Registrar from time to time, by the attachment and sale or by sale without
attachment of the property of the person against whom such decree, decision,
award or order has been obtained or passed.
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(2)
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The Registrar or the officer empowered by him shall be
deemed, when exercising the powers under the foregoing sub-section, or when
passing any orders on any application made to him for such recovery, to be
Civil Court for the purposes of Article 136 in the Schedule to the Indian
Limitation Act, 1963.
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157.
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The State Government may, by general or special order,
exempt any society or class of societies from any of the provisions of this
Act, or of the rules made there under, or may direct that such provisions
shall apply to such society or class of societies with such modifications not
affecting the substance thereof as may be specified in the order.
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Provided that, no order to the prejudice of any society
shall be passed without an opportunity being given to such society to
represent its case
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“Provided further that, the State
Government shall not exempt any society or class of societies from the
provisions made under sections 26, 73A, 73AAA, 73B, 73C, 73CA, 73CB, 73E, 75,
76, 78, 78A and 81.” [* Was inserted
By MAH. XXIV of 1961].
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158.
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The State Government may, by notification in the
Official Gazette, and subject to such conditions (if any) as it may think fit
to impose, delegate all or any of the powers of the Registrar under this Act
to any federal authority or to an officer thereof or any other authority “and
such officer or authorities shall work under the general guidance,
superintendence and control of the Registrar” [* Was
substituted By MAH. XXIV of 1961]
specified in the notification.
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159.
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(1)
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No society shall open a branch or a place of business
outside the State of Maharashtra, and no co-operative society registered
under any law in any other State shall open a branch or a place of business
in the State of Maharashtra, without the permission of the Registrar.
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(2)
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Every co-operative society registered under any law in
any other State, and permitted to open a branch or a place of business in the
Maharashtra State under the foregoing sub-section, or which has a branch or a
place of business in the Maharashtra State at the commencement of this Act,
shall, within three months from the opening of such branch or place of
business or from the commencement of this Act, as the case may be, file with
the Registrar a certified copy of the bye-laws and amendments and, if these
are not written in English language, a certified translation thereof in
English or Hindi, and shall submit to the Registrar such returns and information
as are submitted by similar societies registered under this Act in addition
to those which may be submitted to the Registrar of the State where such
society is registered.
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160.
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(1)
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On the election of a new Committee and its Chairman,
the retiring Chairman, in whose place the new Chairman is elected, shall hand
over charge of the office of the Committee and all papers and property, if
any, of the society in possession of the committee or any officer thereof, to
the new Chairman of the Committee.
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(2)
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If the retiring Chairman fails or refuses to hand over
charge, or to hand over the papers and property of the society as aforesaid,
the Registrar, or any person empowered by him in this behalf, may by order in
writing direct him to forthwith hand over such charge and property.
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(3)
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If the retiring Chairman to whom direction has been
issued as aforesaid, does not comply with such direction, he shall on
conviction be punished with simple imprisonment which may extend to one month
or with fine which may extend to “five thousand rupees” [* Was
substituted By MAH. XXIV of 1961] or
with both; and the Registrar may, on the retiring Chairman’s failure to
comply with such direction, take order for seizing the records and property
and handing it over to the new Chairman, in the manner provided in section
80.
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Members of State Legislature and certain
local authorities not to be remunerated while holding certain offices in
societies.—
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Notwithstanding anything contained in this Act or the
rules or by-laws made there under, a member of the State Legislature or of a
committee under the Hyderabad District Municipalities Act, 1956, or a member
of a Zilla Parishad or Panchayat Samiti under the Maharashtra Zilla Parishad
and Panchayat Samitis Act 1961, while holding the office of chairman or
members of the Committee of a society to which appointment is made by the
State Government, or the office of liquidator or the office of nominee of the
Registrar whether appointed individually or to aboard of nominees, shall not
be entitled to receive any remuneration other than traveling allowance, the
daily allowance or such other allowance which is paid to the holder of any
such office for the purpose of meeting the personal expenditure incurred in
attending the meeting of the committee or body, or in performing any other
functions as the holder of such office.
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Members
of committees not entitled to traveling allowance, daily allowance, etc., at
a rate higher than maximum prescribed.—
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Subject to the provisions of section 160A, no member of
the committee of any society shall be entitled to receive from the society
the traveling allowance, the daily allowance or such other allowances of fees
which are paid to the members for attending meetings of its committee, or for
performing any other functions as such members, at a rate higher than the
maximum rate prescribed in this behalf and different maximum rates may be
prescribed for different societies or class of societies or for different
purposes.
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161.
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The Registrar, a person exercising the powers of the
Registrar, an officer as defined in clause (20) of section 2, or a person
appointed as an Official Assignee under sub-section (2) of section 21 A, "State Co-operative Election
Commissioner and officers, employees and staff employed under sub-sections
(7) and (8) of section 73CB" [*
Was inserted By MAH. XXIV of 1961] or
as an Administrator under section 77A or 78, “78A or clause (iii) of sub-section (1)
of section 110A” [* Was inserted By
MAH. XXIV of 1961] or a person authorised to seize books,
records or funds of a society under sub-section (3) of section 80, or to
audit the accounts of a society under section 81 or to hold an inquiry under
section 83, or to make an inspection under section 84, or 89A or to make an
order under section 88, or a person appointed as a member constituting a Co-operative
Court under section 91A or the Co-operative Appellate Court under section 149
“or any officer empowered under
section 156” [* Was inserted By MAH.
XXIV of 1961] or a Liquidator under section 103, shall
be deemed to be public servants within the meaning of section 21 of the
Indian Penal Code.
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162.
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No suit, prosecution or other legal proceedings shall
lie against the Registrar or any person subordinate to him or acting on his
authority, in respect of anything in good faith done, or purported to be done
by him by or under this Act.
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163.
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(1)
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Save as expressly provided in this Act, no Civil or
Revenue Court shall have any jurisdiction in respect of—
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(a)
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the registration of a society or its by-laws, or the
amendments of its by-laws, or the dissolution of the committee of a society,
or the management of the society on dissolution thereof; or
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(b)
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any dispute required to be referred to the Co-operative
Court, for decision;
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(c)
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Any matter concerned with the winding up and
dissolution of a society.
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(2)
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While a society is being wound up, no suit or other
legal proceeding relating to the business of such society shall be proceeded
with or instituted against the society or any member thereof, or any matter
touching the affairs of the society, except by leave of the Registrar, and
subject to such terms as he may impose.
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(3)
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All orders, decisions or awards passed in accordance
with this Act or the rules shall, subject to the provisions for appeal or
revision in this Act be final; and no such order, decision or award shall be
liable to be challenged, set aside, modified, revised or declared void in any
Court upon the merits or upon any other ground whatsoever.
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164.
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No suit shall be instituted against a society, or any
of its officers, in respect of any act touching the business of the society,
until the expiration of two months next after notice in writing has been delivered
to the Registrar or left at his office, stating the cause of action, the
name, description and place of residence of the plaintiff and the relief
which he claims, and the plaint shall contain a statement that such notice
has been so delivered or left.
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165.
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(1)
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The State Government may, for the whole or any part of
the State and for any society or class of societies, make rules for the
conduct and regulation of the business of such society or class of societies,
and for carrying out the purposes of this Act.
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(2)
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In particular, and without prejudice to the generality
of the foregoing power, such rules may-
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(i)
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subject to the provisions of section 3, prescribe the
designation of officers who shall exercise powers vested in the Registrar;
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(ii)
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Prescribe the forms to be used and the conditions to be
complied with in the making of applications for the registration of a society
under section 8 and the procedure in the matter of such application;
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(iii)
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Prescribe the matters in respect of which a society may
make, or the Registrar may direct a society to make, bye-laws and the
procedure to be followed in making, altering and abrogating by-laws and the
conditions to be satisfied prior to such making, alteration or abrogation;
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(iv)
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Prescribe the procedure to be followed and conditions
to be observed for change of name or liability, amalgamation, transfer,
division, conversion, or reconstruction of society;
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(v)
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Prescribe the form of and procedure for an application
under section 19 and the procedure for reconstruction of a society under that
section;
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(v-a)
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Prescribe the conditions subject to which the Official
Assignee shall realize the assets and liquidate the liabilities, under
section 21-A(3);
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(v-b)
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Prescribe the manner of giving public notice and die
remuneration and allowances to be paid to the Official Assignee, under
section 21-A(1) and 21-A(4);
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(v-c)
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Prescribe the form of application, under section
23-(1A);
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(v-c1)
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“prescribe the
period of training and education and the intervals at which such training
shall be given; and the different rates at which different societies shall
contribute towards the training and education fund under section 24A of the
Act; [* Was inserted By MAH. XXIV of
1961]
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(v-c2)
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“Prescribe the
amount of payment to be made to the society by a member in respect of the
membership; and the manner of communicating the classification of a member as
a non-active member under section 24A of the Act;” [* Was inserted By MAH. XXIV of 1961]
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(v-d)
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Prescribe the manner for entering into collaboration by
any society or societies with any Government undertaking or any undertaking
approved by Government for carrying on any business.
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(vi)
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Prescribe the conditions to be complied with by a
person applying for admission or admitted as a member and provide for the
election and admission of members and the payment to be made and the
interests to be acquired before the exercise of the right of membership.
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(vii)
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Prescribe in the case of a federal society or class of
federal societies the proportion of individual members to society members in
such society or class of societies and the proportion of individual members
to society members in the committee of such society or class of societies;
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(viii)
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Subject to the provision of section 28, prescribe the
maximum number of shares or portion of the capital of a society which may be
held by a member;
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(ix)
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Prescribe the procedure for the admission of joint
members, members of a joint Hindu undivided family, and minors and persons of
unsound mind inheriting the share or interest of deceased members and provide
for their rights and liabilities;
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(x)
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Provide for the withdrawal, removal or expulsion of
members and for the payments to them and for the liabilities of past members
and the estate of deceased members;
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(xi)
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Prescribe the conditions and procedure for the transfer
of share or interest;
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(xii)
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Provide for the nomination of a person to whom the
share or the interest of a deceased member may be paid or transferred;
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(xiii)
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Provide for ascertaining the value of a share or
interest of a past member or deceased member;
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(xiv)
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Prescribe the payments to be made and the conditions to
be complied with by members applying for loans, the period for which loans
may be made, and the amount which may be lent to an individual member;
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(xv)
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Provide for the inspection of documents in the
Registrar’s office and the levy of fee for granting certified copies of the
same;
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(xvi)
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Provide for the procedure for registering the address
of a society and the change of its address;
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(xvii)
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Provide for the formation and maintenance of a register
of members, and where the liability of members is limited by shares, or
register of shares and a list of members;
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(xviii)
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Provide for securing that the share capital of any
society shall be variable in such a way as may be necessary to secure that
the share shall not appreciate in value and that necessary capital shall be
available for the society as required;
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(xix)
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Provide for the procedure to be adopted by a society
with limited liability in order to reduce its share capital;
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(xx)
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Prescribe the period for and terms upon which
Government aid may be given to societies and terms under which the State
Government may subscribe to the share capital of and guarantee the payment of
the principal of and interest on debentures issued by societies;
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(xxi)
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Regulate the manner in which funds may be raised by a
society or class of societies by means of shares or debentures or otherwise
and the quantum of funds so raised;
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(xxii)
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Prescribe the limits for loans to be granted by a
society or class of societies against different class of securities or
without security and the procedure for granting loans;
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(xxiii)
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Prescribe the manner of recalling a loan;
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(xxiv)
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Prescribe the limits for granting credit by a
non-credit society or a class of non-credit societies;
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(xxv)
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Prescribe the prohibitions and restrictions subject to
which societies may trade or transact business with persons who are not
members;
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(xxvi)
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Prescribe the conditions on which any charge in favour
of a society shall be satisfied and the extent to which and the order in
which property to the charge shall be used in its satisfaction;
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(xxvii)
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Provide for giving reasonable notice of the charge
under section 48;
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(xxviii)
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Prescribe the procedure by which a society shall
calculate and write off bad debts;
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(xxix)
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The manner in which a society shall construct its
annual financial statements and the other purposes for which a society may
appropriate its net profits, under section 65;
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(xxx)
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Provide for the formation and maintenance of reserve
fund, and the objects to which such fund may be applied and for the
investment and use of any fund including reserve fund under the control of a
society;
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(xxxi)
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Prescribe the conditions under which profits may be
distributed as dividend and bonus among the members and non-members of a
society;
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(xxxii)
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“Prescribe the rate at which a society shall contribute
towards the education fund of the State federal society under section 68” [* Was deleted By MAH. XXIV of 1961]
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(xxxii-a)
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“Prescribe the rate or rates at which, au-d the manner
in which, the societies (including other corporate bodies) shall contribute
towards the Co-operative State Cadre Employment Fund under section 69A”; [* Was deleted By MAH. XXIV of 1961]
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(xxxiii)
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Define the co-operative purpose for which a society
shall, under section 69, utilize its fund;
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(xxxiv)
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Prescribe the mode of investment of funds of a society
under section 70 and the proportion of investment in any security or class of
securities;
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(xxxv)
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Provide for the payment of contribution to any
provident fund which may be established by a society for the benefit of
officers and servants employed by it and for the administration of such
provident fund;
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(xxxv-a)
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“prescribe the procedure for the
election to societies, provide for intimation and making arrangements for
holding the elections of the committee to the election authority; to provide
for preparation of electoral rolls, for conduct of elections of the society
or class of societies, also for classification of societies for this purpose”
[*
Was Substituted By MAH. XXIV of 1961]
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(xxxv-b)
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Prescribe the manner of recovery of the expenses of
holding elections to notified
Societies by the Registrar, under sub-section 73-lC (2); [* Was deleted By MAH. XXIV of 1961] |
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(xxxv-c)
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Prescribe the requisition form and the manner in which
the motion of no-confidence
Can be brought under section 73-ID; |
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(xxxv-d)
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Prescribe the manner to fill in the seat reserved for the
employees by selection, or by Election by employees under section 73-BB (1); [* Was deleted By MAH. XXIV of 1961]
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(xxxv-d-1)
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Prescribe the conditions, on which the society may
grant permission to a member to carry on the business of the kind carried on
by it, outside its area of operation, under section 73CA (A1); [* Was inserted By MAH. XXIV of 1961]
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(xxxv-d-2)
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“prescribe the
procedure and manner of holding elections, including the latest technology to
be used and the manner of classification of societies for the purposes of
elections; and the conditions of service of the State Co-operative Election
Commissioner under section 73CB (1), (4), (11) of the Act;”;
[*
Was inserted By MAH. XXIV of 1961]
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(xxxv-e)
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Prescribe the body of persons for selection of persons
on a panel for appointment, Under section 74(2),
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(xxxvi)
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Prescribe the procedure and conditions for the exercise
by a federal society of the powers conferred by this Act;
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(xxxvii)
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Provide for general meetings of the members, for the
procedure at such meetings and the powers to be exercised by such meetings;
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(xxxviii)
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Prescribe the conditions in which a member of a society
may be disqualified from voting;
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(xxxix)
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Provide for the removal and appointment of the
committee or its members and other officers and for the appointment of
administrator under section 78 and prescribe procedure at meeting of the
committee and for the powers to be exercised and the duties to be performed
by the committee, administrator and other officers;
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(xl)
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Prescribe qualifications for members of the committee
and employees of a society or class of societies duties to be performed by,
and several and joint liabilities therefore, of such members and the
conditions of service subject to which person may be employed by societies;
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(xl-a)
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Prescribe the amount and nature of the security to be
furnished by any officers or employees of any society or class of societies,
who are required to handle cash, securities or property belonging to the
society, the maximum amount of cash which may be handled or kept at a time by
any officer or employee, and the amount, in excess of which, all payments
shall be made by or on behalf of the society by means of a Cheque.
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(xli)
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Prescribe the returns to be submitted by a society to
the Registrar and provide for the person by whom and the form in which such
returns shall be submitted;
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(xlii)
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Provide for the persons by whom and the form in which
copies of documents and entries in books of societies may be certified and
the charges to be levied for the supply of copies thereof;
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(xliii)
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Provide for the procedure to be adopted by the
Registrar in the cases where the taking of possession of books, documents,
securities, cash and other properties of a society or of a society the
affairs of which have been ordered to be wound up, by the Registrar or by a
person entitled to the same is resisted or obstructed;
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(xliv)
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Provided for the procedure to be adopted for taking
possession of books, documents, securities, cash and other property of a
society by a person acting under section 81, 83 and 84 in cases where
misappropriation of funds, breach of trust or fraud has been committed or
where it is suspected or apprehended that the books, documents, securities,
cash and other properties are likely to be tampered with or destroyed or
removed;
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(xlv)
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Prescribe the accounts and books to be
kept by a society or class of societies “prescribe the form, including electronic
form, of accounts and books to be kept by a society or class of societies;” [* Was inserted By MAH. XXIV of 1961]
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(xlvi)
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Prescribe the procedure for conducting an audit, the
matters on which the auditor shall submit a report, the form in which the
statement of accounts shall be prepared for his audit, the limits within
which the auditor may examine the monetary transactions of society, the form
of audit memorandum and report and charges, if an, to be paid by a society
for audit;
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(xlvii)
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“Prescribe the
procedure for appointment of auditors under sections 75 and 81 and fees to be
paid to such auditors; laying audit reports of Apex Societies before both
Houses of the State Legislature; norms of qualifications, experience and
disqualifications of an auditor; and form of audit report;” [* Was
substituted By MAH. XXIV of 1961]
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(xlviii)
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Prescribe the form for the rectification of defects
discovered in the course of audit, inspection or inquiry;
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(xlix)
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Prescribe the procedure and principles for the conduct
of inquiry under section 83 and inspection under section 84;
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(l)
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Prescribe the procedure for apportioning the cost of
inquiry and inspection and for assessing damages against delinquent promoters
under section 88 and for recovery of cost and damages;
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(li)
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Prescribe the manner in which appointment shall be made
and control exercised by, and the number of persons comprising, and functions
to be performed by, the authority constituted under section 90, the manner of
election and nomination of such persons, the fees to be paid to such
authority and the manner of such payment and the procedure for and the method
of calculating any cost, charges or expenses required to be levied under this
Act or the rules;
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(lii)
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Prescribe the qualifications of the members
constituting the co-operative courts,
provide for the terms and conditions of their appointment, prescribe the
procedure to be followed in proceedings, before the co-operative courts:
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Provided for fixing, levying and collection appropriate
fees and expenses for determining the disputes (including expenses incurred
by the parties to the proceeding), having regard to the services rendered or
to be rendered or any expenditure incurred or likely to be incurred for the machinery
set up therefor, provide for delegation of the power of fixing the scale of
any such fees and expenses to the Registrar, (and all such fees and expenses
being applicable to any disputes and other proceedings which may be pending
immediately before the commencement of the Maharashtra Co-operative Societies
(Third Amendment) Act, 1973, or which may be referred to or instituted
thereafter), provide for the mode of payment of these fees and expenses
whether in the form of court-fee stamps, in cash or in any other manner, and
provide, for enforcing the decisions, awards or orders in such proceedings;
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(liii)
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Prescribe the form in which a dispute
shall be referred to the Court “prescribe procedure for transfer of disputes for mediation compromise
under section 93(4);" [* Was
inserted By MAH. XXIV of 1961]
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(liv)
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Provide for the issue and service of processes and for
providing of service thereof;
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(lv)
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Provide for the investigation of claims and objections
that may be preferred against any attachment effected (under section 95);
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(lvi)
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Prescribe the procedure for and the method of recovery
of any sums due under this Act or the rules;
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(lvii)
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Prescribe the procedure to be followed for the custody
of property attached under section 95;
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(lviii)
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Prescribe the procedure to be followed in the execution
of awards;
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(lix)
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Prescribe the manner in which any property shall be
delivered to, and the terms and conditions subject to which such property
shall be held by a society under section 100;
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(lixa)
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Prescribe the manner in which inquiry is
to be made by the Registrar for grant
of certificate for recovery under section 101; the form and procedure for the
application for grant of such certificate and the fees and documents to be
accompanied thereto “Prescribe
form of Statement of Accounts and other documents;”
[*
Was inserted By MAH. XXIV of 1961]
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(lx)
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Prescribe the procedure for attachment and sale of
property for the realization of any security given by a person in the course
of execution proceedings;
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(lxi)
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Prescribe the procedure and conditions for the exercise
of the powers conferred under section 105 and the procedure to be followed by
a Liquidator and provide for the disposal of surplus assets;
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(lxii)
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Prescribe the matters in which an appeal shall lie from
the order of Liquidator appointed under section 103;
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(lxiii)
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Prescribe the procedure and conditions for the issue,
redemption, re-issue, transfer, replacement or conversion of debentures
issued by a society to which Chapter XI is applicable;
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(lxiv)
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Prescribe the maximum amount of principal, the rate of
interest and other conditions for the guarantee of debentures issued by a
society to which Chapter XI is applicable;
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(lxv)
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Prescribe the qualifications and method of appointment
of an officer to effect sale under section 133 and the powers and functions
which such an officer may exercise;
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(lxvi)
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Prescribe for the appointment of a receiver of the produce
and income of the mortgaged property for sale under section 133, the
conditions in which he may be appointed or removed, the powers and functions
which he may exercise and the expenses of management and remuneration which
he may receive.
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(lxvii)
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Prescribe the circumstances in which action may be
taken by an Agricultural and Rural Development Bank against a mortgagor under
section 133 (2):
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(lxviii)
|
Prescribe, in the case of sale of immovable property
under chapter XI –
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(a)
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The procedure for proclamation and conduct of the sale
and the conditions which an attempt of sale may be abandoned;
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(b)
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The method of calculating the expenses incidental to
the sale or attempted sale;
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(c)
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The procedure for the receipt of deposit and disposal
of the proceeds of sale;
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(d)
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The procedure for a resale if an attempted sale is
abandoned or the purchase money is not deposited within the prescribed time
and the penalty to be levied against the purchaser who fails so to deposit
the purchase money;
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(e)
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The form and method of disposal of money by an
Agricultural and Rural Development Bank under section 135.
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(f)
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The form and method of sale certificate under section
136;
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(g)
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The procedure for the delivery by the court of the
property purchased to the purchaser under section 136;
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(h)
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The form of the notice referred to in section 143; and
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(i)
|
The fee payable for the service of such notices and the
manner of serving such notices on, and of the transmitting landlords’ fee to,
the landlord named in such notices;
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(lxix)
|
Prescribe the time within which and the procedure
according to which property purchased by a Co-operative Agriculture and Rural
Multipurpose Development Bank at a sale of immovable property under Chapter
XI shall be disposed by the bank;
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(lxx)
|
Prescribe the procedure to be followed in presenting
and disposing of appeals;
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(lxxil)
|
Prescribe the qualifications and the period of office
of members of the Co-operative Appellate Court;
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(lxxii)
|
Prescribe in the case of appeals lying to the State
Government the authority to which power of hearing appeal may be delegated;
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(lxxiii)
|
Prescribe the method of communicating or publishing any
order, decision or award required to be communicated or published under this
Act or the rules;
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(lxxiv)
|
Provide that the contravention of any of the rules
shall be an offence under the act;
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(lxxv)
|
Provide for all other matters expressly required or
allowed by this Act, to be prescribed by rules.
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(3)
|
The power to make rules conferred by this section is
subject to the condition of the rules being made after previous publication.
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(4)
|
All rules made under this section shall be laid for not
less than thirty days before each House of the State Legislature as soon as
possible after they are made, and shall be subject to such modification as
the Legislature may make during the session in which they are so laid, or the
session immediately following.
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166.
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||
(1)
|
The Bombay Cooperative Societies Act, 1925, in its
application to the State of Maharashtra is hereby repealed :
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|
Provided that, the repeal shall not affect the previous
operation of the Act so repealed and anything done or action taken or deemed
to have been done or taken (including any appointment or delegation made,
application or other document filed, certificate of registration granted,
agreements executed, notification, order, direction or notice issued,
regulation, form or bye-law framed, rule made or deemed to be made or
proceedings instituted before any Registrar, arbitrator, liquidator or
tribunal or other officer, authority or person) by or under the provisions of
that Act shall, in so far as it is not inconsistent with the provisions of
this Act, be deemed to have been done or taken under the corresponding
provisions of this Act, and shall continue in force unless and until
superseded by anything done or any action taken under this Act,
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||
(2)
|
Accordingly, all societies registered or deemed to be
registered under the Act repealed the registration of which is in force at
the commencement of his Act, shall on such commencement be deemed to be
registered under this Act; and all proceedings pending immediately before
such commencement before any Registrar, arbitrator, liquidator or tribunal or
other officer, authority or person under the provisions of the repealed. Act
shall stand transferred, where necessary, to the Registrar, arbitrator,
liquidator or tribunal or other corresponding officer, authority or person
under this Act, and if no such officer, authority or person exists or if
officer, authority or person as the State Government may designate and shall
be continued and disposed of before such officer, authority or person in
accordance with the provisions of this Act.
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(3)
|
Any reference to the Act repealed or to any provisions
thereof or to any officer, authority or person entrusted with any functions
there under, in any law for the time being in force or in any instrument or
document, shall be construed, where necessary, as a reference to this Act or
its relevant provisions or the corresponding officer, authority or person
functioning under this Act and the corresponding officer, authority or person
functioning under this Act and the corresponding officer, authority or person
as the case may be, shall have the exercise the functions under the repealed
Act or under the instrument or document.
|
|
(4)
|
“Notwithstanding
anything contained in this Act, as amended by the Maharashtra Co-operative
Societies (Amendment) Act, 2013, but subject to the provisions of sub-section
(15) of section 73CB, the committees of which the elections become due after
the 31st March 2013, shall continue till the elections to such societies are
held under the provisions of this Act as amended by the said Act. All the
orders of the Administrator, Liquidator or the Registrar shall continue for
the period mentioned in such order as if such orders are passed under this
Act as amended by the said Act. All proceedings pending before the Registrar,
person authorised by him, Liquidator or any other officer, or authority or
court under the provisions of this Act shall stand transferred wherever
necessary to the Registrar or any corresponding officer or, authority or
court under the provisions of this Act as amended by the said Act and shall
be continued or disposed of by such Registrar, officer, authority or court,
in accordance with the provisions of this Act as amended by the said Act : [* Was inserted
By MAH. XXIV of 1961]
|
|
Provided that,
any such committee of the society shall continue till the newly elected
committee assumes the office.” [* Was inserted
By MAH. XXIV of 1961]
|
||
167.
|
||
For the removal of doubt, it is hereby declared that
the provisions of the Companies Act, 1956, shall not apply to societies
registered or deemed to be registered; under this Act.
|
||
168.
|
Power Of Remove Difficulty. - [* Was inserted
By MAH. XXIV of 1961]
|
|
(1)
|
If any
difficulty arises in giving effect to the provisions of this Act, as amended
by the Maharashtra Co-operative Societies (Amendment) Act, 2013, the State
Government may, by an order published in the Official Gazette, make such
provisions not inconsistent with the provisions of this Act, as amended by
the said Act, as may appear to it to be necessary or expedient for the purpose
of removing the difficulty :
|
|
Provided that, no such order shall
be made after the expiry of a period of two years from the date of
commencement of the Maharashtra Co-operative Societies (Amendment) Act, 2013.
|
||
(2)
|
Every order
made under sub-section (1) shall be laid, as soon as may be, after it is
made, before each House of the State Legislature.”
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