Part – VI
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Amendment of section 82 of Maharashtra XXIV of 1961.
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Sec. 51.
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In section 82
of the principal Act,-
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(a)
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after the
words “and report to the Registrar the action taken by it thereon” the words
“and place the same before the next general body meeting” shall be inserted;
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(b)
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for the words
“Where the society concerned is a member of a federal society, such order
shall be made after consulting the federal society.”, the following shall be
substituted, namely:-
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“If, the
committee of a society fails to submit the audit rectification report to the
Registrar and to the annual general body meeting, all the members of the
committee shall be deemed to have committed an offence under section 146 and
accordingly shall be liable for penalty as provided in section 147. Where the
society concerned is a member of a federal society, such order of imposition
of penalty shall be made after consulting the State federal society
concerned:
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Provided that,
the Registrar or the person authorised by him shall scrutinise the audit
rectification report accordingly and inform the society about such report
within six months from the date of receipt thereof:
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Provided
further that, it shall be the responsibility of the auditor concerned to
offer his remarks on the rectification report of the society, item wise, till
entire rectification is made by the society and submit his report to the
Registrar :
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Provided also
that, such federal society shall communicate its opinion to the Registrar
within a period of forty-five days from the date of receipt of communication,
failing which it shall be presumed that such federal society has no objection
to the proposed action and the Registrar shall be at liberty to proceed
further to take action accordingly.”
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Amendment of section 83 of Maharashtra XXIV of 1961.
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Sec. 52.
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In section 83
of the principal Act,-
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(a)
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for
sub-section (1), the following sub-section shall be substituted, namely :-
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“(1) The
Registrar may suo motu, or, on the application of the one-fifth members of
the society or on the basis of Special Report under the third proviso to
sub-section (5B) of section 81, himself or by a person duly authorised by him
in writing, in this behalf, shall hold an inquiry into the constitution,
working and financial conditions of the society.”;
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(b)
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in sub-section
(3),-
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(i) in clause
(b), for the words “ five hundred rupees” the words “five thousand rupees”
shall be substituted;
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(ii) after
clause (b), the following clause shall be inserted, namely:-
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(c)
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“The Registrar
or the officer authorised by him shall complete the inquiry and submit his
report as far as possible within a period of six months and in any case not
later than nine months.”
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Amendment of section 85 of Maharashtra XXIV of 1961.
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Sec. 53.
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In section 85
of the principal Act, in sub-section (1), after the words “deceased members
of the society” the words “and pass such order within a period of six months
from the date of submission of inquiry report” shall be inserted.
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Amendment of section 88 of Maharashtra XXIV of 1961.
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Sec. 54.
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In section 88
of the principal Act, to sub-section (1), the following provisos shall be
added, namely:-
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“Provided
that, proceedings under this sub-section, shall be completed by the
authorised person within a period of two years from the date of issue of
order by the Registrar :
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Provided
further that, the Registrar may, after recording the reasons therefor, extend
the said period for a maximum period of six months.”
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Amendment of section 89A
of Maharashtra XXIV of 1961.
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Sec. 55.
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In section 89A
of the principal Act, in sub-section (1),-
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(a)
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for clause
(c), the following clause shall be substituted, namely:-
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“(c) overall
view is taken to ensure that the business of the society is being run on
sound business principles and under professional and efficient management;”;
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(b)
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in clause (d),
the proviso shall be deleted;
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(c)
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after clause
(d), the following clause shall be inserted, namely:-
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(e)
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“the returns
as provided by section 79 are submitted to the Registrar regularly and
properly.”.
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Amendment of section 91 of Maharashtra XXIV of 1961.
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Sec. 56.
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In section 91
of the principal Act, in sub-section (1),-
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(a)
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the words
“other than elections of committees of the specified societies including its
officers,” shall be deleted;
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(b)
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in the
proviso, the words “other than a notified society under section 73IC or a
society specified by or under section 73G,” shall be deleted
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Amendment of section 92 of Maharashtra XXIV of 1961.
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Sec. 57.
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In section 92
of the principal Act, in sub-section (1), in clause (c), for the words,
figures and letters “or an administrator has been appointed under section 77A
or 78, be six years from the date of the order issued under section 102, or
section 77A or 78, as the case may be” the following shall be substituted,
namely:-
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“Or an
administrator or committee or authorised person has been appointed under
sections 77A, 78 or 78A, be six years from the date of the order issued under
section 77A, 78 or 78A or, under section 102, as the case may be”.
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Amendment of section 93 of Maharashtra XXIV of 1961.
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Sec. 58.
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In section 93
of the principal Act, after sub-section (2), the following sub-sections shall
be added, namely:-
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“(3) Notwithstanding
anything contained in this Act, where it appears to the Co-operative Court
that there exist elements of settlement which may be acceptable to the
parties, the court may formulate the terms of the settlement and give the
same to the parties for their observation and after receiving the
observations of the parties, the court shall reformulate the terms of
possible settlement and refer the dispute for,-
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(i)
Arbitration;
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(ii)
Conciliation;
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(iii) Judicial
Settlement, including settlement through Lok-Adalat;
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(iv)
Mediation.
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(4) Where a
dispute has been referred -
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(a)
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for
arbitration or conciliation, the provisions of the Arbitration and
Conciliation Act, 1996 shall apply, as if the proceedings for arbitration and
conciliation were referred for settlement of the dispute under the provisions
of the said Act;
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(b)
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to Lok-Adalat,
the Court may refer the same to the Lok-Adalat in accordance with the
provisions of the Legal Services Authorities Act, 1987 and all other provisions
of that Act shall apply in respect of the dispute so referred to the
Lok-Adalat;
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(c)
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for judicial
settlement, the Court may refer the same to a suitable institution or a
person working in that field and such institution or a person shall be deemed
to be a Lok-Adalat and all the provisions of the Legal Services Authorities
Act, 1987 shall apply as if the disputes were referred to Lok-Adalat under
the provisions of the said Act;
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(d)
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for mediation,
the court may effect compromise between the parties and shall follow such
procedure as may be prescribed.”.
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Amendment of section 94 of Maharashtra XXIV of 1961.
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Sec. 59.
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In section 94
of the principal Act, for sub-section (3A), the following sub-sections shall
be substituted, namely:-
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“(3A) If the
disputant is present and the opponent is absent, when the dispute is called
out for hearing, the Co-operative Court may decide the dispute ex-parte, and
pass an award. The Co-operative Court, may set aside the ex-parte award upon
such terms as to the payment of costs, to the court or otherwise as it thinks
fit, if the opponent makes an application within thirty days from the date of
the award, and satisfies the court that there was sufficient cause for his
failure to appear, when the dispute was called out for hearing and appoint a
day for hearing and deciding the dispute on merits.
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(3B) If the
opponent is present and the disputant is absent, when the matter is called
out for hearing, the Co-operative Court may dismiss the dispute for default,
and pass an award accordingly. The Co-operative Court may restore the dispute
which is dismissed for default and restore the same, upon such terms as to
the payment of costs, as it thinks fit, if the disputant makes an application
within thirty days from the date of its dismissal, and satisfies the court
that there was sufficient cause for his failure to appear, when the dispute
was called for hearing and appoint a day for hearing and deciding the dispute
on merits.”.
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Amendment of section 95 of Maharashtra XXIV of 1961.
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Sec. 60.
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In section 95
of the principal Act, in sub-section (1),-
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(a)
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for the
figures and word “ 93 or 105” the figures and word “ 91, 93 or 105” shall be
substituted;
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(b)
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for the words
"authorised person" wherever they occur, the words" authorised
officer" shall be substituted.
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Amendment of section 96 of Maharashtra XXIV of 1961.
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Sec. 61.
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In section 96
of the principal Act, for the words “to arbitration, the Co-operative Court,
may, after giving reasonable opportunity to the parties to the dispute to be
heard, make an award on the dispute” the following shall be substituted,
namely:-
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“to the
Co-operative Court, it may, after giving a reasonable opportunity of being
heard, to the parties to the dispute, make an award regarding the dispute”.
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Amendment of section 97 of Maharashtra XXIV of 1961.
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Sec. 62.
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In section 97
of the principal Act, for the words "authorised person" the words
"authorised officer" shall be substituted.
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Amendment of section 98 of Maharashtra XXIV of 1961.
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Sec. 63.
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In section 98
of the principal Act,-
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(a)
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for the words
"a person authorised" the words "an authorised officer"
shall be substituted;
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(b)
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for the words
and figures “in revision under section 154 shall” the following shall be
substituted, namely:-
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“by the State
Government or by the Registrar in revision under section 154 or every order
passed by the Registrar for recovery under this Act shall”;
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(c)
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in the
proviso, after the words “signed by the Registrar” the words “or Co-operative
Court” shall be inserted.
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Amendment of section 101 of Maharashtra XXIV of 1961.
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Sec. 64.
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In section 101
of the principal Act,-
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(a)
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in sub-section
(1),-
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(i) for the
words “by a co-operative housing society for the recovery of arrears of its
dues” the following shall be substituted, namely :-
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“by a co-operative
housing society, for the recovery of its dues or for the recovery of its
maintenance and service charges”;
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(ii) after the
words “an urban co-operative bank for the recovery of the arrears of its
dues”, the following shall be inserted, namely:-
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“or any sum
advanced by the District Central Co-operative Bank to its individual members
or by non-agricultural co-operative credit society for the recovery of the
arrears of its dues”;
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(iii) for the
words “on the society concerned furnishing a statement of accounts” the words
“on the society concerned furnishing a statement of accounts and any other
documents as may be prescribed” shall be substituted;
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(iv) the
existing Explanation shall be re-numbered as
“Explanation I” and after Explanation I, as so re-numbered, the
following Explanation shall be inserted, namely:-
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“Explanation
II.- For the purposes of this sub-section the expression “maintenance and
service charges” means such charges as are specified in the by-laws of the
concerned co-operative housing society.”;
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(b)
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in sub-section
(3), for the words “for the recovery of land revenue”, the following shall be
substituted, namely:-
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“as arrears of
land revenue. A revision shall lie against such order or grant of
certificate, in the manner laid down under section 154 and such certificate
shall not be liable to be questioned in any Court.” ;
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(c)
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for the
marginal note, the following marginal note shall be substituted, namely:-
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"Recovery
of certain sums and arrears due to certain societies as arrears of land
revenue."
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Amendment of section 102 of Maharashtra XXIV of 1961.
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Sec. 65.
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In section 102
of the principal Act, in sub-section (1), in clause (a), after the words and
figures “under section 84” the word, figures and letter “or 89A” shall be
inserted.
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Amendment of section 109 of Maharashtra XXIV of 1961.
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Sec. 66.
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In section 109
of the principal Act, in sub-section (1), after the first proviso, the
following proviso shall be inserted, namely:-
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“Provided
further that, if, due to termination of liquidation proceedings at the end of
ten years, the Registrar comes to a conclusion that, the work of liquidation
under section 105 could not be completed by the liquidator due to the reasons
beyond his control, he shall call upon the liquidator to submit the report.
After getting the report, if the Registrar is satisfied that the realization
of assets, properties, sale of properties still remained to be realised, he
shall direct the liquidator to complete the entire work and carry out the
activities only for the purposes of winding up and submit his report within
such period not exceeding one year reckoned from the date of receipt of
report from the liquidator.”.
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