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The Maharashtra Co-operative Societies Act, 1960

The Maharashtra Co-Operative Societies Act, 1960

CONTENTS

We have been removed the sections which has been deleted as per MCS Amendment ACT 2019, below mentioned sections applicable in housing society :  

 SECTIONS CHAPTER - I PAGE
1 Short title, extent and commencement. 3
2 Definitions 3


 SECTIONS CHAPTER II - REGISTRATION PAGE
3 Registrar and his subordinates. 7
3A Temporary vacancies. 8
4 Societies which may be registered. 8
5 Registration with limited or unlimited liability. 8
7 Power to exempt societies or class of societies from conditions as to registration. 10
9 Registration. 10
10 Evidence of registration. 11
12 Classification of societies. 11
13 Amendment of bye-laws of society. 12
14 Power to direct amendment of bye-laws. 12
15 Change of Name. 13
17 Amalgamation, Transfer, Division or conversion of Societies 14
18 Power to direct amalgamation, division and reorganisation in the public interest of members, etc. 15
18A Amalgamation of Co-operative banks. 16
18B Amalgamation of primary agricultural credit societies. 17
18C Reorganisation of societies on account of alteration of limits of local areas in which they operate. 18
19 Reconstruction of societies. 20
20 Partnership of societies. 20
20A Collaboration by societies. 20
21 Cancellation of registration. 21
21A De-registration of societies. 21


 SECTIONS CHAPTER III - MEMBERS AND THEIR RIGHTS AND LIABILITIES PAGE
22 Person who may become member. 22
23 Open Membership. 23
25 Cessation of Membership 25
25A Removal of names of members from membership register.(Not Applicable) 25
31 Share or interest not liable to attachment. 30
33 Liability of past member and estate of deceased member. 30
34 Insolvency of Members 31
35 Expulsion of Members 31


 SECTIONS CHAPTER IV - INCORPORATION, DUTIES AND PREVILEGES OF SOCIETIES PAGE
36 Societies to be bodies corporate 31
37 Address of Societies 31
38 Register of Members 31
40 Admissibility of copy of entry as evidence 32
41 Exemption from compulsory registration of instruments relating to shares and debentures of society. 32
42 Power to exempt from taxation ; power to refund. 33
43 Restrictions on borrowings 33
45 Restrictions on other transactions with non-members. 35
47 Prior claim of Society 35


 SECTIONS CHAPTER V - STATE AID TO SOCIETIES PAGE
50 Direct partnership of State Government in societies. 40
62 Other forms of State aid to societies. 42


 SECTIONS CHAPTER VI - PROPERTY AND FUNDS OF SOCIETIES PAGE
64 Funds not to be divided. 43
65 Ascertainment and appropriation of profits. 43
66 Reserve Fund. 44
67 Restrictions on dividend. 44
68 Contribution to education fund of the State federal society. 44
69 Contribution to public purposes. 45
69B Constitution of District Level and State Level Committees. 45
70 Investment of fund. 45
71 Employees’ provident fund. 46
71A Funds not to be utilised for certain proceedings filed or taken by or against officers in personal capacities. 46


 SECTIONS CHAPTER VII - MANAGEMENT OF SOCIETIES PAGE
72 Final authority of society. 46
73 Committee, its powers and functions. 47
73-ID Motion of no-confidence against officers of societies. 48
73C Reservation for women. 54
73-CA Disqualification of committee and its members. 54
73CB State Co-operative Election Authority. 57
73CC Power of State Government to postpone election. 59
73F Election to more than one seat on the committee of society. 60
73I Responsibility of committee or the Administrators or authorised officer to intimate and assist to arrange for election, before expiry of term. 60
75 Annual general body meeting. 61
76 Special general body meeting. 63
77 Acts of societies, etc., not to be invalidated by certain defects.  64
77A Appointment 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. 64
78A Power of supersession of committee or removal of member thereof. 66
79 Society’s obligation to file returns and statements and Registrar’s power to enforce performance of such obligations. 69
79A Government’s power to give directions in the public interest, etc. 70
79AA Registrar’s powers to give directions to frame regulations. 71
80 Registrar’s power to seize records, etc. 72


 SECTIONS CHAPTER VIII - AUDIT, INQUIRY, INSPECTION AND SUPERVISION PAGE
81 Audit. 73
82 Rectification of defects in accounts. 77
83 Inquiry by Registrar. 77
84 Inspection of books of indebted society. 78
85 Costs of inquiry and inspection. 79
86 Recovery of costs. 79
87 Registrar to bring defects disclosed in inquiry or inspection to notice of society. 79
88 Power of Registrar to assess damages against delinquent promoters, etc. 80
88A Deposit towards fees of inquiry. 80
89 Power to enforce attendance, etc. 81
89A Power to inspect working of society. 81


 SECTIONS CHAPTER IX - SETTLEMENT OF DISPUTES PAGE
91 Disputes. 82
91A Constitution of Co-operative Courts. 84
92 Limitation. 85
93 Transfer of disputes from one Co-operative Court to another, and suspension of proceedings in certain cases. 86
94 Procedure for settlement of disputes and power of Co-operative Court. 86
95 Attachment before award or order and inter-locutory orders. 88
96 Decision of Co-operative Court. 89
97 Appeal against decision under section 96 and order under section 95. 89
98 Money how recovered. 89
99 Private transfer of property made after issue of certificate void against society. 90
100 Transfer of property which cannot be sold. 90


 SECTIONS CHAPTER X - LIQUIDATION PAGE
102 Winding up. 93
103 Appointment of Liquidator. 93
104 Appeal against order of winding up. 94
105 Powers of Liquidator. 94
106 Effect of order of winding up. 96
107 Bar of suit in winding up and dissolution matters. 96
108 Audit of Liquidator’s accounts. 96
109 Termination  of  liquidation  proceedings. 97
110 Disposal of surplus assets 98



 SECTIONS CHAPTER XII - OFFENCES AND PENALTIES PAGE
145 Prohibiton of use of the word “ Co-operative ” 129
146 Offences. 130
147 Punishments for offences under section 132
148 Cognizance of offences. 134
148A Contempt of Co-operative Courts and of Co-operative Appellate Court. 134


 SECTIONS CHAPTER XIII - APPEALS, REVIEW AND REVISION PAGE
149 Maharashtra State Co-operative Appellate Court. 136
150 Review of orders of Co-operative Appellate Court. 137
151 Co-operative Appellate Court to have power of Civil Court. 138
152 Appeals. 138
152A Appeal against rejection of nomination paper at election. 139
153 Extension of period of limitation by appellate authority in certain cases. 139
154 Revisionary powers of State Government and Registrar. 139


 SECTIONS CHAPTER XIII-B - MAHARASHTRA STATE CO-OPERATIVE COUNCIL PAGE
154A Constitution of State Co-operative Council, its functions, etc. 140


 SECTIONS CHAPTER XIV - MISCELLANEOUS PAGE
155 Recovery of sums due to Government. 156
156 Registrar’s powers to recover certain sums by attachment and sale of property. 157
157 Power to exempt societies from provisions of Act. 157
158 Delegation of power of Registrar to certain authorities and officers. 158
159 Branches, etc., of societies outside the State. 158
160 Handing over records and property to new Chairman on election. 158
160A Members of State Legislature and certain local authorities not to be remunerated while holding certain offices in societies. 159
160B Members of committees not entitled to travelling allowance, daily allowance, etc., at a rate higher than the maximum prescribed. 159
161 Registrar and other officers to be public servants. 159
162 Indemnity for acts done in good faith. 159
163 Bar of jurisdiction of Courts. 160
164 Notice necessary in suits. 160
165 Rules. 160
166 Repeal, saving and construction. 168
167 Companies Act not to apply. 168
168 Power to remove difficulty. 169


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