Part – viiI
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Amendment of section 154 of
Maharashtra XXIV of 1961.
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Sec. 76.
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In section 154
of the principal Act,-
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(a)
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in sub-section
(2A),-
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(i) after the
words and figures “Registrar under section 101” the words and figures “or
certificate issued by the Liquidator under section 105” shall be inserted;
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(ii) the
following proviso shall be inserted, namely:-
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“Provided
that, in case of such revision where revisional authority has granted a stay
to the recovery of dues, the authority shall, as far as may be practicable,
dispose of such revision application as expeditiously as possible but not
later than six months from the date of the first order.”;
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(b)
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after
sub-section (3), the following sub-section shall be inserted, namely:-
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“(3A) The
revisional authority, in order to prevent the ends of justice being defeated,
may pass such interim orders including order of stay against the impugned
order, pending the decision and final hearing of the Revision Application:
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Provided that,
if any interim order has been passed by the revisional authority without
hearing the other side, the revisional authority shall decide such
application within a period of three months and pass the necessary order on
merits after giving an opportunity of being heard and for the reasons to be
recorded in writing.”.
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Amendment of section 157 of
Maharashtra XXIV of 1961.
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Sec. 77.
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In section 157
of the principal Act,-
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(a)
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the words
“other than co-operative credit structure entity” shall be deleted;
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(b)
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after the
first proviso, the following proviso shall be added, namely:-
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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.”.
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Amendment of section 158 of
Maharashtra XXIV of 1961.
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Sec. 78.
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In section 158
of the principal Act, for the words and figures “or to any officer of the
Zilla Parishad constituted under the Maharashtra Zilla Parishads and
Panchayat Samitis Act, 1961 and such authorities and officer of the Zilla
Parishad” the words "and such officer or authorities" shall be
substituted.
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AMENDMENT OF SECTION 160 OF
Maharashtra XXIV OF 1961.
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Sec. 79.
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In section 160
of the principal Act, in sub-section (3), for the words “five hundred rupees”
the words “five thousand rupees” shall be substituted.
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Amendment of section 161 of
Maharashtra XXIV of 1961.
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Sec. 80.
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In section 161
of the principal Act,-
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(a)
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after the
word, figures and letter "section 21A" the words, brackets, figures
and letter "State Co-operative Election Commissioner and officers,
employees and staff employed under sub-sections (7) and (8) of section
73CB" shall be inserted;
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(b)
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after the
words, figures and letter "section 77A or 78," the words, brackets,
figures and letters “78A or clause (iii) of sub-section (1) of section 110A”
shall be inserted;
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(c)
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after the
words and figures "Appellate Court under section 149" the words and
figures “or any officer empowered under section 156” shall be inserted.
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Amendment of section 165 of
Maharashtra XXIV of 1961.
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Sec. 81.
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In section 165
of the principal Act, in sub-section (2),-
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(a)
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after clause
(v-c), the following clause shall be inserted, namely:-
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“(v-c1)
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;
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(v-c2)
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 26 of the Act;”;
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(b)
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clause (xxxii)
shall be deleted;
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(c)
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for clause
(xxxv-a), the following clause shall be substituted, namely:-
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“(xxxv-a)
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 ;”;
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(d)
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clause
(xxxv-b) shall be deleted;
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(e)
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clause
(xxxv-d) shall be deleted;
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(f)
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in clause
(xxxv-d-1), for the word, figures, letter and brackets "section
73F(2)" the word, figures, letters and brackets “section 73CA (A1)”
shall be substituted;
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(g)
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after clause
(xxxv-d-1), the following clause shall be inserted, namely:-
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“(xxxv-d-2)
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;”;
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(h)
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in clause
(xlv), the following words shall be added at the end, namely:-
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“prescribe the
form, including electronic form, of accounts and books to be kept by a
society or class of societies;”;
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(i)
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for clause
(xlvii), the following clause shall be substituted, namely:-
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“(xlvii)
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;”;
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(j)
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in clause
(liii), the following shall be added at the end, namely:-
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“prescribe
procedure for transfer of disputes for mediation compromise under section
93(4);";
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(k)
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in clause
(lix-a), the following shall be added at the end, namely:-
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“Prescribe
form of Statement of Accounts and other documents;”
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Amendment of section 166 of
Maharashtra XXIV of 1961.
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Sec. 82.
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In section 166
of the principal Act, after sub-section (3), the following sub-section shall
be inserted, namely:-
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“(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 :
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Provided that,
any such committee of the society shall continue till the newly elected
committee assumes the office.”
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Amendment of section 167 of
Maharashtra XXIV of 1961.
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Sec. 83.
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After section
167 of the principal Act, the following section shall be inserted, namely:-
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Power of
remove difficulty – 168
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(1)
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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 :
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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.
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(2)
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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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Repeal of Maharashtra Ord. VI of 2013 and special provisions regarding
savings.
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Sec. 84.
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(1)
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The
Maharashtra Co-operative Societies (Amendment and Continuance) Ordinance 2013
is hereby repealed.
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(2)
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Notwithstanding
such repeal, anything done or any action taken (including any notification or
order issued) under the corresponding provisions of the principal Act, as
amended by the Maharashtra Co-operative Societies (Amendment) Ordinances,
2013 and the Maharashtra Co-operative Societies (Amendment and Continuance)
Ordinance, 2013 shall be deemed to have been done, taken or, as the case may
be, issued under the corresponding provisions of principal Act, as amended by
this Act.
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