The Maharashtra Co-operative Societies Act, 1960

maharashtra · 1961

S. 1Short title, extent and commencement.
S. 2Definitions.
S. 3Registrar and his subordinates.
S. 3ATemporary vacancies.
S. 4Societies which may be registered.
S. 5Registration with limited or unlimited liability.
S. 6Conditions of registration.
S. 7Power to exempt societies or class of societies from conditions as to registration.
S. 8Application for registration.
S. 9Registration.
S. 10Evidence of registration.
S. 11Power of Registrar to decide certain questions.
S. 12Classification of societies.
S. 13Amendment of by-laws of society.
S. 14Power to direct amendment of by-laws.
S. 15Change of name.
S. 16Change of liability.
S. 17Amalgamation, transfer, division or conversion of societies.
S. 18Power to direct amalgamation, division and reorganisation in the public interest of members, etc.
S. 18AAmalgamation of Co-operative banks.
S. 18BAmalgamation of primary agricultural credit societies.
S. 18CReorganisation of societies on account of alteration of limits of local areas in which they operate.
S. 19Reconstruction of societies.
S. 20Partnership of societies.
S. 20ACollaboration by societies.
S. 21Cancellation of registration.
S. 21ADe-registration of societies.
S. 22Person who may become member.
S. 23Open membership.
S. 24Nominal and associate member.
S. 24ACo-operative education and training to members, etc.
S. 25Cessation of membership.
S. 25ARemoval of names of members from membership register.
S. 26Rights and duties of members.
S. 27Voting powers of members.
S. 28Restrictions on holding of shares.
S. 29Restrictions on transfer or charge of share or interest.
S. 30Transfer of interest on death of member.
S. 31Share or interest not liable to attachment.
S. 32Rights of members to see books, etc.
S. 32ACertain societies to give pass books to members and entries in such book evidence of amount due.
S. 33Liability of past member and estate of deceased member.
S. 34Insolvency of members.
S. 35Expulsion of members.
S. 36Societies to be bodies corporate.
S. 37Address of societies.
S. 38Register of members.
S. 39Copy of Act, etc., to be open to inspection.
S. 40Admissibility of copy of entry as evidence.
S. 41Exemption from compulsory registration of instruments relating to shares and debentures of society.
S. 42Power to exempt from taxation; power to refund.
S. 43Restrictions on borrowings.
S. 44Regulation of loan making policy.
S. 44ALimit on interest in certain cases.
S. 45Restrictions on other transactions with non-members.
S. 46Charge and set-off in respect of share or interest of member.
S. 47Prior claim of society.
S. 48Charge on immovable property of members borrowing from certain societies.
S. 48ADeduction from sale price of certain agricultural produce to meet society's dues.
S. 49Deduction from salary to meet society's claim in certain cases.
S. 50Direct partnership of State Government in societies.
S. 51Indirect partnership of State Government in societies.
S. 52Principal State Partnership Fund.
S. 53Subsidiary State Partnership Fund.
S. 54Approval of State Government for purchase of shares.
S. 55Liability to be limited in respect of certain shares.
S. 56Restriction on amount of dividend.
S. 57Indemnity of Apex and Central societies.
S. 58Disposal of share capital and dividend, etc.
S. 59Disposal of Principal or Subsidiary State Partnership Fund on winding up of Apex or Central society.
S. 60Principal or Subsidiary State Partnership Fund not to form part of assets.
S. 61Agreement by State Government and Apex societies.
S. 62Other forms of State aid to societies.
S. 63Provisions of this Chapter to override other laws.
S. 64Funds not to be divided.
S. 65Ascertainment and appropriation of profits.
S. 66Reserve Fund.
S. 67Restrictions on dividend.
S. 68Contribution to education fund of the State federal society.
S. 69Contribution to public purposes.
S. 69AConstitution of Co-operative District Cadre of Secretaries and establishment of Employment Fund for such Cadre.
S. 69BConstitution of District Level and State Level Committees.
S. 70Investment of funds.
S. 71Employees' Provident Fund.
S. 71AFunds not to be utilised for certain proceedings filed or taken by or against officers in personal capacities.
S. 72Final authority of society.
S. 72AFreedom of affiliation or disaffiliation with a federal structure of choice.
S. 73Committee, its powers and functions.
S. 73ADisqualification for being designated Officer simultaneously of certain categories of societies.
S. 73AAAConstitution of committee.
S. 73BReservation of certain seats on committees of societies and election thereto
S. 73CReservation for women.
S. 73CADisqualification of committee and its members.
S. 73CBState Co-operative Election Authority.
S. 73CCPower of State Government to postpone election.
S. 73DSociety's nominee on other society not eligible to be designated officer, except in a federal society.
S. 73EDeleted.
S. 73EADeleted.
S. 73FElection to more than one seat on the committee of society.
S. 73HDeleted.
S. 73IResponsibility of committee or the Administrators or authorised officer to intimate and assist to arrange for election, before expiry of term.
S. 74Qualification and appointment of Manager, Secretary and other officers of societies and of Chief Executive Officer and financial Officer for certain societies.
S. 74IDMotion of no confidence against officers of societies.
S. 75Annual general body meeting.
S. 76Special general body meeting.
S. 77Acts of societies, etc., not to be invalidated by certain defects.
S. 77AAppointment of member of committee, new committee or authorised officers, where there is failure to elect member, to constitute committee or where committee does not enter upon office, etc.
S. 78Power of suspension of committee.
S. 78APower of supersession of committee or removal of member thereof.
S. 79Society's obligation to file returns and statements and Registrar's power to enforce performance of such obligations.
S. 79AGovernment's powers to give directions in the public interest, etc.
S. 79AARegistrar’s powers to give directions to frame regulations.
S. 79BDeleted.
S. 80Registrar's power to seize records, etc.
S. 81Audit.
S. 82Rectification of defects in accounts.
S. 83Inquiry by Registrar.
S. 84Inspection of books of indebted society.
S. 85Costs of inquiry and inspection.
S. 86Recovery of costs.
S. 87Registrar to bring defects disclosed in inquiry or inspection to notice of society.
S. 88Power of Registrar to assess damages against delinquent promoters, etc.
S. 88ADeposit towards fees of inquiry.
S. 89Power to enforce attendance, etc.
S. 89APower to inspect working of society.
S. 90Constitution or recognition of federal authority to supervise working of societies.
S. 91Disputes.
S. 91AConstitution of Co-operative Courts.
S. 92Limitation.
S. 93Transfer of disputes from one Co-operative Court to another, and suspension of proceedings in certain cases.
S. 94Procedure for settlement of disputes and power of Co-operative Court.
S. 95Attachment before award or order and interlocutory orders.
S. 96Decision of Co-operative Court.
S. 97Appeal against decision under section 96 and order under section 95.
S. 98Money how recovered.
S. 99Private transfer of property made after issue of certificate void against society.
S. 100Transfer of property which cannot be sold.
S. 101Recovery of certain sums and arrears due to certain societies as arrears of land revenue.
S. 102Winding up.
S. 103Appointment of Liquidator.
S. 104Appeal against order of winding up.
S. 105Powers of Liquidator.
S. 106Effect of order of winding up.
S. 107Bar of suit in winding up and dissolution matters.
S. 108Audit of Liquidator's accounts.
S. 109Termination of liquidation proceedings.
S. 110Disposal of surplus assets.
S. 110AOrder for winding up, reconstruction, suspension or supersession of committee, etc., of insured co-operative bank, not to be made without sanction or requisition of Reserve Bank of India.
S. 111Application of Chapter XI to Co-operative Agriculture and Rural Multipurpose Development Banks.
S. 112State and other Co-operative Agriculture and Rural Multipurpose Development Banks.
S. 112ADistrict Co-operative Agriculture and Rural Multipurpose Development Bank, its constitution, term of office of delegates, casual vacancies, powers of such committee, etc.
S. 112AAElection of delegate as member of a Co-operative Agriculture and Rural Multipurpose Development Bank from City of Bombay District and Bombay Suburban District.
S. 112BGeneral Body and Committee of State Co-operative Agriculture and Rural Multipurpose Development Bank.
S. 112CDeleted.
S. 113Appointment, powers and function of Trustee.
S. 114Issue of debentures.
S. 115Guarantee by State Government.
S. 116Vesting of property in Trustee and Debenture holders' charge on assets.
S. 117Powers of Co-operative Agriculture and Rural Multipurpose Development Bank to advance loans and to hold lands.
S. 118Deleted.
S. 119Order granting loan conclusive of certain matters.
S. 120Priority of mortgage.
S. 121Mortgages and other instruments executed in favour of a Co-operative Agriculture and Rural Multipurpose Development Bank to stand vested in State Agriculture and Rural Multipurpose Development Bank.
S. 122Registration of mortgage, lease, etc., executed in favour of Co-operative Agriculture and Rural Multipurpose Development Bank.
S. 123Mortgages and other instruments not to be questioned on insolvency of mortgagors or executants.
S. 124Deleted.
S. 125Mortgages and other instruments executed by managers of Joint Hindu Families.
S. 126Section 8 of Act XXXII of 1956 to apply to mortgages and other instruments to Co-operative Agriculture and Rural Multipurpose Development Bank, subject to certain modification.
S. 127Restrictions on lease.
S. 128Co-operative Agriculture and Rural Multipurpose Development Bank to receive money and give discharge.
S. 129Powers of Co-operative Agriculture and Rural Multipurpose Development Bank where mortgaged or encumbered property is destroyed or security becomes insufficient.
S. 130Right of Co-operative Agriculture and Rural Multipurpose Development Bank to buy mortgaged property.
S. 131Recovery of loans by Co-operative Agriculture and Rural Multipurpose Development Bank.
S. 132Power to distrain.
S. 133Sale of mortgaged or encumbered property.
S. 133AMortgaged or encumbered property of Tribal not to be sold to non-Tribal at public auction under section 133.
S. 134Confirmation of sale.
S. 135Disposal of sale proceeds.
S. 136Certificate to purchase delivery of property and title of purchase.
S. 137Recovery of loans on certificate by Registrar.
S. 138Mode of recovery by Collector.
S. 139Officers or members of family not to bid at auction sales.
S. 140Section 40 of Bom. XXVIII of 1947 not to apply to alienation in favour of Co-operative Agriculture and Rural Multipurpose Development Banks.
S. 141Provision for Guarantee Funds to meet certain losses.
S. 142Registrar’s power to permit any society or class of societies to function as Co-operative Agriculture and Rural Multipurpose Development Bank.
S. 143Service of notice.
S. 143ATransfer of rights and liabilities of Government in respect of schemes sanctioned under Bom. XXVIII of 1942.
S. 144Power to Committee of State Co-operative Agriculture and Rural Multipurpose Development Bank to supervise on Co-operative Agriculture and Rural Multipurpose Development Bank and make regulations.