The Maharashtra Co-operative Societies Act, 1960
Maharashtra
An Act to consolidate and amend the law relating to co-operative societies in the State of Maharashtra.
- Act number
- 24 of 1961
- Ministry
- Govt of Maharashtra
- Department
- Co-operation, Marketing and Textiles Department
- Enacted
- 9 May 1961
Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.
195 sections
- Section 1Short title, extent and commencement.
- Section 2Definitions.
- Section 3Registrar and his subordinates.
- Section 3ATemporary vacancies.
- Section 4Societies which may be registered.
- Section 5Registration with limited or unlimited liability.
- Section 6Conditions of registration.
- Section 7Power to exempt societies or class of societies from conditions as to registration.
- Section 8Application for registration.
- Section 9Registration.
- Section 10Evidence of registration.
- Section 11Power of Registrar to decide certain questions.
- Section 12Classification of societies.
- Section 13Amendment of by-laws of society.
- Section 14Power to direct amendment of by-laws.
- Section 15Change of name.
- Section 16Change of liability.
- Section 17Amalgamation, transfer, division or conversion of societies.
- Section 18Power to direct amalgamation, division and reorganisation in the public interest of members, etc.
- Section 18AAmalgamation of Co-operative banks.
- Section 18BAmalgamation of primary agricultural credit societies.
- Section 18CReorganisation of societies on account of alteration of limits of local areas in which they operate.
- Section 19Reconstruction of societies.
- Section 20Partnership of societies.
- Section 20ACollaboration by societies.
- Section 21Cancellation of registration.
- Section 21ADe-registration of societies.
- Section 22Person who may become member.
- Section 23Open membership.
- Section 24Nominal and associate member.
- Section 24ACo-operative education and training to members, etc.
- Section 25Cessation of membership.
- Section 25ARemoval of names of members from membership register.
- Section 26Rights and duties of members.
- Section 27Voting powers of members.
- Section 28Restrictions on holding of shares.
- Section 29Restrictions on transfer or charge of share or interest.
- Section 30Transfer of interest on death of member.
- Section 31Share or interest not liable to attachment.
- Section 32Rights of members to see books, etc.
- Section 32ACertain societies to give pass books to members and entries in such book evidence of amount due.
- Section 33Liability of past member and estate of deceased member.
- Section 34Insolvency of members.
- Section 35Expulsion of members.
- Section 36Societies to be bodies corporate.
- Section 37Address of societies.
- Section 38Register of members.
- Section 39Copy of Act, etc., to be open to inspection.
- Section 40Admissibility of copy of entry as evidence.
- Section 41Exemption from compulsory registration of instruments relating to shares and debentures of society.
- Section 42Power to exempt from taxation; power to refund.
- Section 43Restrictions on borrowings.
- Section 44Regulation of loan making policy.
- Section 44ALimit on interest in certain cases.
- Section 45Restrictions on other transactions with non-members.
- Section 46Charge and set-off in respect of share or interest of member.
- Section 47Prior claim of society.
- Section 48Charge on immovable property of members borrowing from certain societies.
- Section 48ADeduction from sale price of certain agricultural produce to meet society's dues.
- Section 49Deduction from salary to meet society's claim in certain cases.
- Section 50Direct partnership of State Government in societies.
- Section 51Indirect partnership of State Government in societies.
- Section 52Principal State Partnership Fund.
- Section 53Subsidiary State Partnership Fund.
- Section 54Approval of State Government for purchase of shares.
- Section 55Liability to be limited in respect of certain shares.
- Section 56Restriction on amount of dividend.
- Section 57Indemnity of Apex and Central societies.
- Section 58Disposal of share capital and dividend, etc.
- Section 59Disposal of Principal or Subsidiary State Partnership Fund on winding up of Apex or Central society.
- Section 60Principal or Subsidiary State Partnership Fund not to form part of assets.
- Section 61Agreement by State Government and Apex societies.
- Section 62Other forms of State aid to societies.
- Section 63Provisions of this Chapter to override other laws.
- Section 64Funds not to be divided.
- Section 65Ascertainment and appropriation of profits.
- Section 66Reserve Fund.
- Section 67Restrictions on dividend.
- Section 68Contribution to education fund of the State federal society.
- Section 69Contribution to public purposes.
- Section 69AConstitution of Co-operative District Cadre of Secretaries and establishment of Employment Fund for such Cadre.
- Section 69BConstitution of District Level and State Level Committees.
- Section 70Investment of funds.
- Section 71Employees' Provident Fund.
- Section 71AFunds not to be utilised for certain proceedings filed or taken by or against officers in personal capacities.
- Section 72Final authority of society.
- Section 72AFreedom of affiliation or disaffiliation with a federal structure of choice.
- Section 73Committee, its powers and functions.
- Section 74IDMotion of no confidence against officers of societies.
- Section 73ADisqualification for being designated Officer simultaneously of certain categories of societies.
- Section 73AAAConstitution of committee.
- Section 73BReservation of certain seats on committees of societies and election thereto
- Section 73CReservation for women.
- Section 73CADisqualification of committee and its members.
- Section 73CBState Co-operative Election Authority.
- Section 73CCPower of State Government to postpone election.
- Section 73DSociety's nominee on other society not eligible to be designated officer, except in a federal society.
- Section 73EDeleted.
- Section 73EADeleted.
- Section 73FElection to more than one seat on the committee of society.
- Section 73-FFFDeleted.
- Section 73-GDeleted.
- Section 73HDeleted.
- Section 73IResponsibility of committee or the Administrators or authorised officer to intimate and assist to arrange for election, before expiry of term.
- Section 74Qualification and appointment of Manager, Secretary and other officers of societies and of Chief Executive Officer and financial Officer for certain societies.
- Section 75Annual general body meeting.
- Section 76Special general body meeting.
- Section 77Acts of societies, etc., not to be invalidated by certain defects.
- Section 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.
- Section 78Power of suspension of committee.
- Section 78APower of supersession of committee or removal of member thereof.
- Section 79Society's obligation to file returns and statements and Registrar's power to enforce performance of such obligations.
- Section 79AGovernment's powers to give directions in the public interest, etc.
- Section 79AARegistrar’s powers to give directions to frame regulations.
- Section 79BDeleted.
- Section 80Registrar's power to seize records, etc.
- Section 81Audit.
- Section 82Rectification of defects in accounts.
- Section 83Inquiry by Registrar.
- Section 84Inspection of books of indebted society.
- Section 85Costs of inquiry and inspection.
- Section 86Recovery of costs.
- Section 87Registrar to bring defects disclosed in inquiry or inspection to notice of society.
- Section 88Power of Registrar to assess damages against delinquent promoters, etc.
- Section 88ADeposit towards fees of inquiry.
- Section 89Power to enforce attendance, etc.
- Section 89APower to inspect working of society.
- Section 90Constitution or recognition of federal authority to supervise working of societies.
- Section 91Disputes.
- Section 91AConstitution of Co-operative Courts.
- Section 92Limitation.
- Section 93Transfer of disputes from one Co-operative Court to another, and suspension of proceedings in certain cases.
- Section 94Procedure for settlement of disputes and power of Co-operative Court.
- Section 95Attachment before award or order and interlocutory orders.
- Section 96Decision of Co-operative Court.
- Section 97Appeal against decision under section 96 and order under section 95.
- Section 98Money how recovered.
- Section 99Private transfer of property made after issue of certificate void against society.
- Section 100Transfer of property which cannot be sold.
- Section 101Recovery of certain sums and arrears due to certain societies as arrears of land revenue.
- Section 102Winding up.
- Section 103Appointment of Liquidator.
- Section 104Appeal against order of winding up.
- Section 105Powers of Liquidator.
- Section 106Effect of order of winding up.
- Section 107Bar of suit in winding up and dissolution matters.
- Section 108Audit of Liquidator's accounts.
- Section 109Termination of liquidation proceedings.
- Section 110Disposal of surplus assets.
- Section 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.
- Section 111Application of Chapter XI to Co-operative Agriculture and Rural Multipurpose Development Banks.
- Section 112State and other Co-operative Agriculture and Rural Multipurpose Development Banks.
- Section 112ADistrict Co-operative Agriculture and Rural Multipurpose Development Bank, its constitution, term of office of delegates, casual vacancies, powers of such committee, etc.
- Section 112AAElection of delegate as member of a Co-operative Agriculture and Rural Multipurpose Development Bank from City of Bombay District and Bombay Suburban District.
- Section 112BGeneral Body and Committee of State Co-operative Agriculture and Rural Multipurpose Development Bank.
- Section 112BGeneral Body and Committee of State Co-operative Agriculture and Rural Multipurpose Development Bank.
- Section 112CDeleted.
- Section 113Appointment, powers and function of Trustee.
- Section 114Issue of debentures.
- Section 115Guarantee by State Government.
- Section 116Vesting of property in Trustee and Debenture holders' charge on assets.
- Section 117Powers of Co-operative Agriculture and Rural Multipurpose Development Bank to advance loans and to hold lands.
- Section 118Deleted.
- Section 119Order granting loan conclusive of certain matters.
- Section 120Priority of mortgage.
- Section 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.
- Section 122Registration of mortgage, lease, etc., executed in favour of Co-operative Agriculture and Rural Multipurpose Development Bank.
- Section 123Mortgages and other instruments not to be questioned on insolvency of mortgagors or executants.
- Section 124Deleted.
- Section 125Mortgages and other instruments executed by managers of Joint Hindu Families.
- Section 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.
- Section 127Restrictions on lease.
- Section 128Co-operative Agriculture and Rural Multipurpose Development Bank to receive money and give discharge.
- Section 129Powers of Co-operative Agriculture and Rural Multipurpose Development Bank where mortgaged or encumbered property is destroyed or security becomes insufficient.
- Section 130Right of Co-operative Agriculture and Rural Multipurpose Development Bank to buy mortgaged property.
- Section 131Recovery of loans by Co-operative Agriculture and Rural Multipurpose Development Bank.
- Section 132Power to distrain.
- Section 133Sale of mortgaged or encumbered property.
- Section 133AMortgaged or encumbered property of Tribal not to be sold to non-Tribal at public auction under section 133.
- Section 144-2AApplication of Chapter XI-1A to non-agricultural co-operative credit societies.
- Section 134Confirmation of sale.
- Section 135Disposal of sale proceeds.
- Section 136Certificate to purchase delivery of property and title of purchase.
- Section 137Recovery of loans on certificate by Registrar.
- Section 138Mode of recovery by Collector.
- Section 139Officers or members of family not to bid at auction sales.
- Section 140Section 40 of Bom. XXVIII of 1947 not to apply to alienation in favour of Co-operative Agriculture and Rural Multipurpose Development Banks.
- Section 141Provision for Guarantee Funds to meet certain losses.
- Section 142Registrar’s power to permit any society or class of societies to function as Co-operative Agriculture and Rural Multipurpose Development Bank.
- Section 143Service of notice.
- Section 143ATransfer of rights and liabilities of Government in respect of schemes sanctioned under Bom. XXVIII of 1942.
- Section 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.
- Section 144-1AReorganisation, amalgamation or division of Co-operative Agriculture and Rural Multipurpose Development Bank, in public interest, etc.
- Section 144-1BDeleted.
- Section 144-2AApplication of Chapter XI-1A to non-agricultural co-operative credit societies.