The MCS Act 1960

The Maharashtra Co-operative Societies Act 1960
As amended by Mah. Act XVI of 2013 (Received assent of Governor of Maharashtra on 13-08-2013.

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Section
Contents


1.
Short title, extend and commencement.
2.
Definitions.


3.
Registrar and his subordinates.
3-A.
Temporary vacancies.
4.
Societies which may be registered.
5.
Registration with limited or unlimited.
6.
Conditions of registration.
7.
Power to exempt societies or class of societies from conditions as to registration.
8.
Application for registration.
9.
Registration.
10.
Evidence of registration.
11.
Power of Registrar to decide certain questions.
12.
Classification of societies.
13.
Amendment of bye-laws of society.
14.
Power to direct amendment of bye-laws.
15.
Change of name.
16.
Change of liability.
17.
Amalgamation, transfer, division or conversion of societies.
18.
Power to direct amalgamation, division and reorganization in public interest, etc.
18-A.
Amalgamation of Co-operative Banks.
18-B.
Amalgamation of primary agricultural credit societies.
18-C.
Reorganization of societies on account of alteration of limits of local areas in which they operate.
19.
Reconstruction of societies.
20.
Partnership of societies.
20-A.
Collaboration by societies.
21.
Cancellation of registration.
21-A.
De-registration of societies.


22.
Person who may become member.
23.
Open membership.
24.
Nominal, associate and sympathizer member.
24A
Co-operative education and training to members, etc.
25.
Cessation of membership.
25-A.
Removal of names of members from Membership registers.
26.
Rights and Duties of Members.
27.
Voting powers of members.
28.
Restrictions on holding of shares.
29.
Restrictions on transfer or charge on share or interest.
30.
Transfer of interest on death of member.
31.
Share or interest not liable to attachment.
32.
Rights of members to see books, etc.
32-A.
Certain societies to give pass books to members and entries in such book evidence of amount due.
33.
Liability of past member and estate of deceased member.
34.
Insolvency of members.
35.
Expulsion of members.


36.
Societies to be bodies corporate.
37.
Address of societies.
38.
Register of members.
39.
Copy of Act, etc., to be open to inspection.
40.
Admissibility of copy of entry as evidence.
41.
Exemption from compulsory registration of instruments relating to shares and debentures of society.
42.
Power to exempt from taxation; Power to refund.
43.
Restrictions on borrowings.
44.
Regulation of loan making policy.
44-A.
Limit on interest in certain cases.
45.
Restrictions on other transactions with non-members.
46.
Charge and set-off in respect of share or interest of members.
47.
Prior claim of society.
48.
Charge on immovable property of members, borrowing from certain societies.
48-A.
Deduction from sale price of certain agricultural produce to meet society's dues.
49.
Deduction from salary to meet society's claims in certain cases.


50.
Direct partnership of State Government in societies.
51.
Indirect partnership of State Government in societies.
52.
Principal State Partnership Fund.
53.
Subsidiary State Partnership Fund.
54.
Approval of State Government for purchase of shares.
55.
Liability to be limited in respect of certain shares.
56.
Restriction on amount of dividend.
57.
Indemnity of Apex and Central societies.
58.
Disposal of share capital and dividend, etc.
59.
Disposal of Principal or Subsidiary State Partnership Fund on winding up of Apex or Central society.
60.
Principal or Subsidiary State Partnership Fund not to form part of assets.
61.
Agreement by State Government and Apex societies.
62.
Other forms of State aid to societies.
63.
Provisions of this Chapter to override other laws.


64.
Funds not to be divided.
65.
Ascertainment and appropriation of profits.
66.
Reserve Fund.
67.
Restriction on dividend.
68.
Contribution to education fund of the State federal society.
69.
Contribution to public purposes.
69-A.
Constitution of Co-operative State Cadre of Secretaries of certain societies and establishment of Employment Fund for such Cadre. (Deleted)
69-B.
Constitution of District Level and State Level Committee.
70.
Investment of funds.
71.
Employees Provident Fund.
71-A.
Funds not to be utilized for certain proceedings filed or taken by or against officers in personal capacities.


72.
Final authority of society.
72-A.
Freedom of affiliation or disaffiliation with a federal structure of choice.
73.
Committee, its powers and functions.
73-IA.
Election to more than one seat on committee of society including specified society. (Deleted)
73-IB.
Powers of State Government to postpone election. (Deleted)
73-IC.
Election to notified societies. (Deleted)
73-ID.
Motion of no-confidence against officers of societies.
73-A.
Disqualification for being designated officer simultaneously of certain categories of societies or for being designated officer of the same society for more than ten years.
73-AAA.
Constitution of committee.
73-AA.
Designated officer who is associate Councilor to cease to be designated officer on ceasing to be such Councilor. (Deleted)
73-AB.
Cessation of membership of committee held by virtue of office under Government, etc. (Deleted)
73-B.
Reservation of certain seats on committees of societies and election thereto.
73-BB.
Reservation of seats for employees on committees of certain societies. (Deleted)
73-BBB.
Reservation of seats on committees of societies for women members and elections thereto. (Deleted)
73-C.
Reservation for women.
73-D.
Society's nominee on other society not eligible to be designated officer except in a federal society.
73-E.
In specified societies, members not having minimum number of transactions of certain monetary limits not entitled to be designated officers. (Deleted)
73-EA.
Disqualification for being director of district central co-operative bank or state co-operative Bank. (Deleted)
73CA.
Disqualification of committee and its members.


73CB.
State Co-operative Election Authority.
73-F.
Election to more than one seat on the committee of society.
73-FFF.
Eligibility for re-appointment or re-election as member of committee. (Deleted)
73-G.
Provision for conduct of elections to committees and of officers of certain societies and term of office of member of such committees. (Deleted)
73-H.
Responsibility of committee to hold election before expiry of term. (Deleted)
73-I.
Responsibility of committee or the Administrators or authorised officer to intimate and assist to arrange for election, before expiry of term.
74.
appointment of Manager, Secretary and other officers.
75.
Annual General Body Meeting.
76.
Special general Body meeting.
77.
Acts of societies etc., not to be invalidated by certain defects.
77-A.
Appointment of member of committee, new committee, authorised officers, where there is failure to elect member, to constitute committee or where committee does not enter upon office, etc.
78.
Power of suspension of committee.
78-A.
Power of supersession of committee or removal of member thereof.
79
Society’s obligation to file returns and statements and Registrar’s power to enforce performance of such obligations.
79-A.
Government's powers to give directions in the public interest, etc
79-AA.
Registrar's powers to give directions to frame regulations.
79-B.
Registrar's power to remove member for failure to supply his agricultural produce to processing society. (Deleted)
80.
Registrar's power to seize records, etc.


81.
Audit.
82.
Rectification of defects in accounts.
83.
Inquiry by Registrar.
84.
Inspection of books of indebted society.
85.
Costs of inquiry and inspection.
86.
Recovery of costs.
87.
Registrar to bring defects disclosed in inquiry or inspection to notice of society.
88.
Power of Registrar to assess damages against delinquent promoters, etc.
88-A.
Deposit towards fees of inquiry.
89.
Power to enforce, attendance, etc.
89-A.
Power to inspect working of society.
90.
Constitution or recognition of federal authority to supervise working of societies.


91.
Disputes.
91-A.
Constitution of Co-operative Court.
92.
Limitation.
93.
Transfer of disputes from one co-operative court to another and suspension of proceedings in certain cases.
94.
Procedure for settlement of disputes and power of co-operative court.
95.
Attachment before award or order and interlocutory order.
96.
Decision of co-operative Court.
97.
Appeal against decision under section 96 and order under section 95.
98.
Money how recovered.
99.
Private transfer of property made after issues of certificate void against society.
100.
Transfer of property which cannot be sold.
101.
Recovery of arrears due to certain societies as arrears of land revenue.


102.
Winding up.
103.
Appointment of Liquidator.
104.
Appeal against order of winding up.
105.
Powers of Liquidator.
106.
Effect of order of winding up.
107.
Bar of suit in winding up and dissolution matters.
108.
Audit of Liquidators accounts.
109.
Termination of liquidation proceedings.
110.
Disposal of surplus assets.


110-A.
Order for winding up, reconstruction, super session of committee, etc., of insured Co-operative Bank, not to be made without sanction or requisition of Reserve Bank of India.


111.
Application of Chapter XI to Co-operative Agriculture and Rural Multipurpose Development Bank.
112.
State and other Co-operative Agriculture and Rural Multipurpose Development Bank.
112-A
District Co-operative Agriculture and Rural Multipurpose Development Bank, its constitution, term of office of delegates, casual vacancies, power of such committee.
112-AA.
Election of delegate as member of Co-operative Agriculture and Rural Multipurpose Development Bank from City of Bombay District and Bombay Suburban District.
112-B.
General Body and committee of Co-operative Agriculture and Rural Multipurpose Development Bank.
112-C.
deleted
113.
Appointment, powers and functions of Trustees.
114.
Issue of debentures.
115.
Guarantee by State Government.
116.
Vesting of property in Trustee and Debenture holders, charge on assets.
117.
Powers of Co-operative Agriculture and Rural Multipurpose Development Bank to advance loans and to hold lands.
118.
Deleted.
119.
Order granting loan conclusive of certain matters.
120.
Priority of Mortgage.
121.
Mortgages executed in favour of Co-operative Agriculture and Rural Multipurpose Development Bank to stand vested in State Co-operative Agriculture and Rural Multipurpose Development Bank.
122.
Registration of Mortgage or lease, etc., in favour of Co-operative Agriculture and Rural Multipurpose Development Bank.
123.
Mortgages not to be questioned on insolvency of mortgagors.
124.
Deleted.
125.
Mortgages executed by managers of joint Hindu families.
126.
Section 8 of XXXII of 1956 to apply to mortgages to Co-operative Agriculture and Rural Multipurpose Development Bank, subject to certain modifications.
127.
Restrictions on lease.
128.
Agriculture and Rural Development Bank to receive money and give discharge
129.
Powers of Co-operative Agriculture and Rural Multipurpose Development Bank where mortgaged property is destroyed or security becomes insufficient.
130.
Right of Co-operative Agriculture and Rural Multipurpose Development Bank to buy mortgaged property.
131.
Recovery of loans by Co-operative Agriculture and Rural Multipurpose Development Bank.
132.
Powers to distrain.
133.
Sale of mortgaged property.
133-A.
Mortgaged or encumbered property of tribal not to be sold to non-tribal at public auction under section 133.
134.
Confirmation of sale.
135.
Disposal of sale-proceeds.
136.
Certificate to purchase, delivery of property and title of purchase.
137.
Recovery of loans on certificate by Registrar.
138.
Mode of recovery by Collector.
139.
Officers or members of family not to bid at auction sale.
140.
Section 40 of Bombay XXVIII of 1947 not to apply to alienation in favour of Agriculture and Rural Development Banks.
141.
Provision for Guarantee Funds to meet certain losses.
142.
Registrars power to permit, any society to function as a Co-operative Agriculture and Rural Multipurpose Development Bank.
143.
Service of notice.
143-A.
Transfer of rights and liabilities of Government in respect of schemes sanctioned under BOM. 38 of 1942.
144.
Power of Committee of State Co-operative Agriculture and Rural Multipurpose Development Bank to supervise Agriculture and Rural Multipurpose Development Bank and make regulation
144-1A.
Reorganization, amalgamation or division of Co-operative Agriculture and Rural Multipurpose Development Bank in public interest, etc

144-1B.
Deleted.

144-A.
Application of this Chapter and definitions. (Deleted)
144-B.
When elections to be held. (Deleted)
144-C.
Conduct of elections. (Deleted)
144-D.
Cost of conducting election. (Deleted)
144-E.
Disqualifications for membership. (Deleted)
144-F.
Account of election expenses, maximum thereof and lodging of account. (Deleted)
144-G.
Disqualification for failure of lodge account of election expenses. (Deleted)
144-H.
Removal or reduction of period of disqualification. (Deleted)
144-I.
Corrupt practices. (Deleted)
144-J.
Maintenance of secrecy of voting. (Deleted)
144-K.
Officers, etc., at elections not to act for candidates or to influence voting. (Deleted)
144-L.
Prohibition of canvassing in or near polling station. (Deleted)
144-M.
Penalty for disorderly conduct in or near polling stations. (Deleted)
144-N.
Penalty for misconduct at the polling station. (Deleted)
144-O.
Penalty for illegal hiring or procuring of conveyances at elections. (Deleted)
144-P.
Breaches of official duty in connection with election. (Deleted)
144-Q.
Removal of ballot papers from polling station to be an offence. (Deleted)
144-R
Other offences and penalties therefore. (Deleted)
144-S.
Application of section 148 to offences under this Chapter subject to certain modifications. (Deleted)
144-T.
Disputes relating to elections to be submitted to the Commissioner or other specified officer. (Deleted)
144-U.
Deposit towards costs for hearing and power to award costs. (Deleted)
144-V.
Contents of petition. (Deleted)
144-W.
Relief that may be claimed by the petitioner. (Deleted)
144-X.
Power to make rules for purposes of this chapter. (Deleted)
144-Y.
Special provisions to election of officers of specified societies. (Deleted)


145.
Prohibition of use of the word “Co-operative”.
146.
Offences.
147.
Punishments for Offences under section 146.
148.
Cognizance of offences.
148-A.
Contempt of Co-operative Courts and of Co-operative Appellate Court.


149.
Maharashtra State Co-operative Appellate Court.
150.
Review of orders of Co-operative Appellate Court.
151.
Co-operative Appellate Court to have power of Civil Court.
152.
Appeals.
152-A.
Appeal against rejection of nomination paper at election.
153.
Extension of period of limitation by appellate authority in certain cases.
154.
Reversionary powers of State Government and Registrar.


15-A.
Constitution of State Co-operative Council, its functions, etc.


155.
Recovery of sums due to Government.
156.
Registrar’s powers to recover certain sums by attachment and sale of property.
157.
Power to exempt societies from provisions of Act.
158.
Delegation of Power of Registrar to certain authorities and officers.
159.
Branches, etc. of societies outside the State.
160.
Handing over records and property to new Chairman on election.
160-A.
Members of State Legislature and certain local authorities not to be remunerated while holding certain offices in societies.
160-B.
Members of committees not entitled to traveling allowance, daily allowance, etc., at a rate higher than maximum prescribed.
161.
Registrar and other officers to be public servants.
162.
Indemnity for acts done, in good faith.
163.
Bar of jurisdiction of Courts.
164.
Notice necessary in suits.
165.
Rules.
166.
Repeal, saving and construction.
167.
Companies Act not to apply.
168.
Power to remove difficulties.
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