Part – ViI
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Sec. 67.
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Amendment of section 110A of Maharashtra XXIV of 1961.
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In section
110A of the principal Act,-
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(a)
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in sub-section
(1),-
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(i) in clause
(iii), for the portion beginning with the words “for the supersession
(removal) of the committee" and ending with the words "the first
meeting of the new committee”, the following shall be substituted, namely:-
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“for
suspension or supersession of the committee, as the case may be, and the
appointment of an Administrator in its place for such period, not exceeding
one year. In case of supersession, an Administrator so appointed shall,
before the expiry of his term of office, arrange for holding election to
constitute the new managing committee and handover the management to the
newly constituted committee. In case of suspension of the committee, the
Registrar with prior permission of the Reserve Bank of India, shall revoke
the order of suspension and direct the Administrator to handover the
management to the committee”;
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(ii) in clause
(iv), for the words “supersession (removal)” the words “suspension or
supersession” shall be substituted;
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(b)
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in the
marginal note, after the word “reconstruction,” the words “suspension or”
shall be inserted.
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Amendment of section 112 of Maharashtra XXIV of 1961.
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Sec. 68.
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In section 112
of the principal Act, in sub-section (1), for the words “public interest” the
words “interest of the society” shall be substituted.
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Amendment of section 112A of Maharashtra XXIV of 1961.
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Sec. 69.
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In section
112A of the principal Act,-
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(a)
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in sub-section
(1),-
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(i) in clause
(b),-
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(A) the words
“the following members, that is to say” shall be deleted;
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(B) for
sub-clause (i), the following sub-clause shall be substituted, namely:-
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“(i) not more
than twenty-one delegates, to be elected from Taluka in a District including
the delegates from reserved categories, one from the persons belonging to the
Schedule Castes or Schedule Tribes, one from the persons belonging to Other
Backward Classes, one from the persons belonging to De-notified Tribes
(Vimukta Jatis) or Nomadic Tribes or Special Backward Classes and two women,
who shall be elected from the District;”;
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(C)
sub-clauses (i-a) and (ii) shall be deleted;
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(ii) clause
(c) shall be deleted;
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(iii) in
clause (d),-
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(A) for the
portion beginning with the words “be subject to" and ending with the
words "under that Chapter” the following shall be substituted, namely:-
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“shall be
conducted by the State Co-operative Election Authority”;
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(B) in the
proviso, the word “specified” shall be deleted;
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(b)
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in sub-section
(3), for the words “the Collector” the words “the State Co-operative Election
Authority” shall be substituted;
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(c)
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in sub-section
(4), the words “other than ex-officio members” shall be deleted;
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(d)
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for
sub-section (5), the following sub-section shall be substituted, namely:-
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“(5) A casual
vacancy in the committee of Co-operative Agriculture and Rural Multipurpose
Development Bank, due to any reason whatsoever, may be filled in from the
same class of active members in respect of which the casual vacancy has
arisen.”;
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(e)
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in sub-section
(7),-
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(i) for the figures
and letters “73FF” the figures and letters “73CA ” shall be substituted;
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(ii) after the
figures "78," the figures and letter "78A," shall be
inserted.
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Amendment of section 112B of Maharashtra XXIV of 1961.
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Sec. 70.
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In section
112B of the principal Act,-
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(a) in
sub-section (1),-
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(i) in clause
(a), for the words, brackets and letters “clauses (c) and (d)” the word,
brackets and letter “clause (d)” shall be substituted;
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(ii) in clause
(b),-
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(A) for
sub-clause (i), the following sub-clause shall be substituted, namely:-
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“(i) twenty
one members to be elected from amongst the Chairmen of all Districts,
including five reserved seats, one from the persons belonging to the Schedule
Castes or Schedule Tribes, one from the persons belonging to Other Backward
Classes, one from the persons belonging to De-notified Tribes (Vimukta Jatis)
or Nomadic Tribes or Special Backward Classes and two women;”;
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(B) in
sub-clause (ii),-
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(I) paragraphs
(A) and (B) shall be deleted;
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(II) for the
words “Collector or an officer authorised by him in that behalf but the
Collector” the words “State Co-operative Election Commissioner or an officer
authorised by State Co-operative Election Authority in that behalf but such
officer” shall be substituted;
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(III) the
portion beginning with the words “and where there is failure” and ending with
the words “entitled to be so co-opted” shall be deleted;
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(IV) in the
Explanation, for the words, brackets and letters “clauses (b) and (c) of, and
any order issued under clause (c)” the words, brackets, letters and figure
“clauses (b) and (b-1)” shall be substituted;
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(C)
sub-clauses (iii), (iv), (v), (vi) and (vii) shall be deleted;
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(b)
sub-section (2) shall be deleted;
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(c) for
sub-section (3), the following sub-section shall be substituted, namely:-
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“(3) The
Committee shall have a Chairman and a Vice-Chairman. The State Co-operative
Election Authority or an Officer authorised by the State Co-operative
Election Authority in that behalf shall convene a meeting of the members of
the Committee for election of a Chairman and Vice-Chairman who shall be from
the members referred to in sub-clause (i) of clause (b) of sub-section (1)
and such meeting shall be presided over by the State Co-operative Election
Authority or by such authorised officer, but such presiding officer shall not
have a right to vote at such meeting.”;
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(d)
Sub-sections (4), (5) and (6) shall be deleted.
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Deletion of Chapter XI-A and sections 144A to 144Y of Maharashtra XXIV
of 1961.
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Sec. 71.
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Chapter XI-A
including sections 144-A to 144-Y of the principal Act shall be deleted
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Amendment of section 146 of Maharashtra XXIV of 1961.
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Sec. 72.
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In section 146
of the principal Act,-
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(a)
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in clause (b),
for the words “employer who” the words “employer who without any sufficient
cause fails to pay a co-operative society amount deducted by him from its
employee within a period of fourteen days from the date on which such
deduction is made, and also any person who,” shall be substituted;
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(b)
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in clause
(e-2), for the word, figures and letters “section 73FF” the word, figures and
letters “section 73CA” shall be substituted;
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(c)
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in clause (f),
after the words, brackets and figure “sub-section (2),” the brackets, figure
and letter “(2A),” shall be inserted;
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(d)
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in clause
(g),-
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(i) the
following shall be inserted in the beginning, namely:-
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“a
co-operative society or an officer or member thereof willfully makes a false
return or fails to furnish a return under section 75 or 79 of the Act, or
furnishes false information or willfully fails to furnish any information
required from him by a person holding an inquiry under section 83, person
authorised under section 88 or as required under any provisions of this
Act,”;
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(ii) for the
figures and word “ 78, 81, 83, 84, 94 or 103” the figures, letters and word
“77A, 78, 78 A, 81, 83, 84, 88, 89A, 94, 103 or 110A;” shall be substituted;
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(e)
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for clause
(h), the following clauses shall be substituted, namely:-
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“(h) any
officer or custodian who willfully fails to hand over custody of books,
accounts, documents, records, cash, security and any other property belonging
to a co-operative society of which he is an officer or custodian, to an
authorised person or, to a person appointed under sections 77A, 78, 78A, 103
or 110A, or any other person appointed under this Act; or
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(h-1) a
committee of a society or an officer or member thereof involved in corrupt
practices during the election; or”;
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(f)
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in clause (j),
the following shall be inserted in the beginning, namely:-
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“any person,
willfully or without any reasonable excuse, disobeys any summons, requisition
or lawful written order issued under sections 81, 83, 88, or any other
provisions of the Act; or”;
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(g)
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after clause
(l), the following clause shall be inserted, namely:-
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“(l-1) the
Committee fails to submit audit rectification report to the Registrar and the
annual general body meeting as per section 82; or”.
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Amendment of section 147 of Maharashtra XXIV of 1961.
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Sec. 73.
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In section 147
of the principal Act,-
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(a)
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in clause (a),
for the words “five hundred rupees” the words “five thousand rupees” shall be
substituted;
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(b)
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in clause (b),
for the words “five thousand rupees” the words “fifteen thousand rupees”
shall be substituted;
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(c)
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in clause (c),
for the words “five hundred rupees” the words “five thousand rupees” shall be
substituted;
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(d)
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in clause (d),
for the words “five hundred rupees” the words “five thousand rupees” shall be
substituted;
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(e)
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in clause
(e-1), for the words “five thousand rupees” the words “fifteen thousand
rupees” shall be substituted;
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(f)
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in clause
(e-2), for the words “five thousand rupees” the words “fifteen thousand
rupees” shall be substituted;
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(g)
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in clause (f),
for the words “two hundred and fifty rupees” the words “five thousand rupees”
shall be substituted;
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(h)
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in clause (g),
for the words “five hundred rupees” the words “five thousand rupees” shall be
substituted;
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(i)
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in clause (h),
for the words “five hundred rupees” the words “five thousand rupees” shall be
substituted;
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(j)
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after clause
(h), the following clause shall be inserted, namely:-
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“(h-1) if it
is an offence under clause (h-1) under that section, with fine which may
extend to five thousand rupees;”;
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(k)
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in clause (i),
for the words “five hundred rupees” the words “five thousand rupees” shall be
substituted;
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(l)
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in clause (j),
for the words “five hundred rupees” the words “five thousand rupees” shall be
substituted;
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(m)
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in clause (k),
for the words “two thousand rupees” the words “ten thousand rupees” shall be
substituted;
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(n)
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in clause (l),
for the words “one hundred rupees” the words “one thousand rupees” shall be
substituted;
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(o)
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after clause
(l), the following clause shall be inserted, namely :-
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“(l-1) if it
is an offence under clause (l-1) under that section, with fine which may
extend to five thousand rupees ;”;
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(p)
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in clause (m),
for the words “five hundred rupees” the words “five thousand rupees” shall be
substituted;
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(q)
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in clause (n),
for the words “one thousand rupees” the words “five thousand rupees” shall be
substituted;
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(r)
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in clause (o),
after the words “or with fine” the words “which may extend to ten thousand
rupees” shall be inserted;
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(s)
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in clause (p),
after the words “or with fine” the words “which may extend to fifteen
thousand rupees” shall be inserted;
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(t)
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in clause (q),
for the words “two hundred and fifty rupees” the words “one thousand rupees”
shall be substituted.
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Amendment of section 152 of Maharashtra XXIV of 1961.
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Sec. 74
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In section 152
of the principal Act,-
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(a)
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in sub-section
(1), the following proviso shall be inserted, namely:-
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“Provided
that, no order of stay shall be issued in respect of the recovery of the dues
under the award issued by the Liquidator unless fifty percent of the amount
stated in the award is deposited with the society by the Appellant.”;
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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
Appellate 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 appeal:
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Provided that,
if any interim order has been passed by the Appellate Authority without
hearing the other side, the Appellate Authority shall decide such application
within a period of three months and pass the necessary orders 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 152A of Maharashtra XXIV of 1961.
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Sec. 75.
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In section
152A of the principal Act, in sub-section (1),-
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(a)
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the words,
figures and letter “other than a society specified by or under section 73G,”
shall be deleted;
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(b)
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for the
portion beginning with the words “In the case of a society” and ending with
the words “Divisional Commissioner in such appeal.”, the following portion
shall be substituted, namely:-
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“In the case
of a society, an appeal shall lie to the officer as may be specified by the
State Co-operative Election Authority, who shall dispose of such appeal
within ten days from the date of receipt of such appeal and the decision of
the officer, shall be final.”
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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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