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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