The MCS Rules 1961



THE  MAHARASHTRA  CO-OPERATIVE SOCIETIES  RULES, 1961

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RULE
CONTENTS



001
Short title and extent

002
Definitions



003
Deleted

004
Application for Registration and Registration Fees

005
Registration

006
Form of report under section 9(2)

007
Refusal of registration

008
Matters in respect of which Registrar may direct a society to make byelaws or society may make bye-laws

009
First byelaws of a society

010
Classification and sub-classification of societies

011
Maintenance of register

012
Amendment of byelaws

013
 Manner of calling upon society to make amendment to byelaws

014
Change in name of society

015
Change of liability

016
Amalgamation, transfer of assets and liabilities, division or conversion of societies

017
Direction by Registrar for amalgamation, division and reorganisation of societies

018
Reconstruction of a society

018A
Conditions for realising the assets and liquidating the liabilities of the de-registered society by the Official Assignee

018B
Purposes for investment of surplus by the Registrar

018C
Manner of issue of public notice of the proceedings of de-registration of society



019
Conditions to be complied with for admission for memberships, etc.

019A
Procedure for tendering application to the Registrar for membership under section 23(1A)

020
Procedure for admission of joint members and minors and persons of unsound mind inheriting the share or interest of deceased member

021
Withdrawal of membership

022
Voting rights of individual member in a Federal Society

023
Valuation of Shares

024
Procedure for transfer of shares

025
Nomination of persons

026
Registration of nominations

027
Supply of copies of documents by societies and fees therefore

028
Expulsion of members

029
Procedure for expulsion of members

030
Inspection of documents in the Registrar’s office by members of societies and the scale of fees for supply of copies of documents



031
Procedure for change of address of societies

032
Register of Members

033
List of Members

034
Certified Copies of entries in books of societies

035
Conditions for borrowings by societies with limited liability

036
Conditions for borrowings of Maharashtra state Co-operative Bank

037
Conditions for borrowings of Land Development Banks

038
Loans and deposits from non-members in unlimited liability societies

039
Raising of funds by societies

040
Additional conditions for raising funds by societies

041
Maintenance of liquid resources and distribution of assets

042
Regulation of loans to be granted by societies

043
Conditions to be complied with by members applying for loans

044
Credit limit by non-credit societies

045
Restrictions on borrowing from more than one credit society

045A
Limits on loans against fixed deposits

046
Manner of recalling of loan

046A
Restrictions on borrowing from non-members

046B
Restrictions on credit sales to non-members

047
Restrictions on transactions with non-members

048
Form of declarations be made by members borrowing loans from certain societies and conditions on which any charge in favour of a society shall be satisfied



049
Writing off of bad debts and losses

049A
Calculation of net profits

050
Appropriation of profits

051
Amounts to be deducted by a society from its profits before arriving at its net profits

052
Bonus and Dividend Equalization Fund

053
Rates of annual contribution to education fund of State Federal Society

053A
Rates of annual contribution of Co-operative State Cadre Employment Fund

053B
Manner of contributions to be made under the rule 53-A

054
Utilisation and investment of Reserve Fund

055
Invest of other funds

056
Maintenance and administration of Provident Fund



056A
Manner of election to notified Societies

056B
Provisional List of voters

056C
Particulars to be included in the provisional list of voters

056D
Claims and objections to the provisional list of voters, and the final list of voters

056E
Appointment of Returning officers, Assistant Returning Officers and such other Officers required conduct the elections.

056F
General duty of Returning Officer

056G
Polling Stations

056H
Appointment of Presiding Officer and Polling Officer

056I
General duty of Presiding Officers and Polling Officer

056J
Appointment of dates etc., for various stages of an election

056K
Manner of publication of election programme under rule 56J

056L
Manner of publication of election programme under rule 56K

056M
Nomination of candidates

056N
Presentation of nomination paper and requirements for valid nominations

056O
Symbols for elections

056P
Deposit

056Q
Notice of nomination and time and place for the scrutiny

056R
Scrutiny of nomination papers

056S
Publication of list of valid nominations

056T
Withdrawal of candidature

056U
Preparation of list of contesting candidates

056V
Appointment of polling Agents and Counting Agents

056W
Death of candidate before poll

056X
Uncontested problems

056Y
Manner of voting at elections

056Z
Ballot Box

056A-1
Form of ballot paper

056A-2
Arrangement at Polling Stations

056A-3
Admission to Polling Station

056A-4
The preparation of ballot boxes for poll

056A-5
Identification of voters

056A-6
Challenging of identity

056A-7
Safeguard against personation

056A-8
Issue of ballot paper

056A-9
Voting procedure

056A-10
Procedure for voting where there are no separate constituencies or more than one seat to be filled in one constituency

056A-11
Recording of vote of blind or infirm voter

056A-12
Spoilt and Returned ballot papers

056A-13
Tendered votes

056A-14
Closing of poll

056A-15
Sealing of ballot boxes after poll

056A-16
Account of ballot paper

056A-17
Sealing of other packets

056A-18
Transmission of ballot boxes, packets etc. to the Returning Officer

056A-19
Fresh poll in case of destruction etc. of ballot boxes

056A-20
Counting of votes

056A-21
Admission to the place fixed for counting

056A-22
Scrutiny and opening of ballot boxes

056A-23
Scrutiny and rejection of ballot papers

056A-24
Procedure for counting of votes

056A-25
Counting to be continuous

056A-26
Procedure for counting of votes where there are no Separate constituencies or more than one seat to be filled in one constituency

056A-27
Recommencing of counting after fresh poll

056A-28
Recount of votes

056A-29
Declaration of result and publication of names of the members of the committee

056A-30
Return of forfeiture of candidate's deposit

056A-31
Custody of papers relating to elections

056A-32
Production and inspection of election paper

056A-33
Disposal of election papers

056A-34
Casual vacancies how to be filled in

056A-35
Election of office bearers



057
Prohibition against being interested in contracts, etc.

057A
Motion of No Confidence against the officers of the Society

058
Disqualification for membership of committee

059
First General Meeting

060
General Meeting

061
Annual statement of accounts including balance sheet, etc.

062
Form for the balance sheet and the profit and loss account

063
Power to call annual and special general meeting

064
Procedure for appointment, suspension and removal of members of the committee and other officers, etc.

065
Accounts and books to be kept

066
Copies of monthly returns to be furnished to Registrar

067
Registrar’s power to enforce performance of obligations

067A
Directions of Registrar to the society to make regulations on certain matters

068
Procedure to be adopted for taking possession of books, documents, securities, cash and other properties of society



069
Procedure for appointment of auditors and for conducting audit

070
Requisition of the Federal Society for inquiry

071
Procedure and principles for the conduct of inquiry and inspection

072
Procedure for assessing damages against delinquent promoters, etc., under section 88

073
Form of Rectification Report

074
Levy of audit charges and supervision charges



075
Reference of Dispute

076
Registrar’s satisfaction regarding existence of a dispute

077
Disposal of a dispute or reference to Co-operative Court

077A
Qualifications of Judges of Co-operative Courts and their appointments

077B
Age limit for Judges

077C
Conditions of Service of Judges

077D
Holidays and vacations

077E
Procedure for hearing and decision of disputes

077F
Summary procedure for deciding disputes

078
Summonses, notices and fixing of dates, place, etc., in connection with the disputes

079
Investigation of claims and objection against any attachment

080
Procedure for the custody of property attached under section 95.

081
Procedure for attachment and sale of property for realisation of any security given by person in course of execution proceedings

082
Issue of proclamation prohibiting private transfer of property

083
Procedure of execution of awards

084
Execution of awards or orders in special cases

085
Transfer of property which cannot be sold

086
Payment of fees for decisions of disputes



087
Mode of communication of an interim order under section 102

088
Cost of hearing appeal

089
Appointment of Liquidator and the procedure to be followed and powers to be exercised by him

090
Disposal of surplus assets

091
Interest of amounts due from a society under liquidation

092
Disposal or records of society whose registration is cancelled



093
Procedure for Submission and consideration of applications for loans from Land Development Banks

094
Registration of copies of instruments under Section 122

095
Authority to Land Development Bank to exercise power under Section 133(1)

096
Appointment of Receiver and his powers under Section 133

097
Appointment, qualifications and powers and functions of a Sale Officer under Section 133

098
Procedure for distraint and sale of the produce of the mortgaged land and sale of mortgaged property

99
Circumstances under which the State Land Development Bank or the Trustee may take action under Section 133(2)

100
Submission of report for confirmation of sale under Section 134

101
Certificate of purchase

102
Sale of immovable property purchase by a Land Development Bank

103
Certain provisions of Rule 107 to apply to sale of immovable property under Chapter XI of the Act



104
Qualifications of President and other Members of the Maharashtra State Co-operative Appellate Court and their appointment

105
Constitution of Authority by State Government to hear appeals which lie to that Government

106
Procedure for presentation to and disposal of appeals by State Government and Registrar under section 152



107
Procedure for attachment and sale of property under section 156

107A
Maximum rates of travelling allowance and daily allowance and sitting fees, etc. for members of committees

107B
Security to be furnished by officers and employees of societies handling cash, etc.

107C
Maximum amount of cash which may be handled at a time and who may be authorised

107D
Certain payments to be made by a cheque

108
Contributions, fees and charges to be credited to Government

109
Communication of decision, award, etc.

110
Repeal of Bombay Co-operative Societies Rules