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CO-OPERATIVE SOCIETIES

SOCIETIES,

PRINCIPLES,

TYPES

OF

AND THE REGISTRATRION OF THE SOCIETIES.

INTRODUCTION

Co-operative movement in our country shall not only stay but also grow in times to come. In spite of the drawbacks experienced in the working and administration of the co-operative societies, they have positively contributed to the growth and development of the national economy. Promotion of thrift, self-help and mutual aid are the fundamental principles of cooperation. The orientations of commercial organization and co-operative organizations are basically different. In a commercial organization, earning and maximizing the profits is the sole motive; whereas in a co-operative organization profit cannot be the sole motive. The prime objectives, in addition to the three fundamentals of co-operation mentioned above are to make available the goods and services in required quantity, of better quality and at a reasonable price to its members. It does not mean that a Co-operative Society is a charitable organization. It should, therefore, conduct itself in a business like manner in attaining its objectives efficiently.

Broadly speaking there are three sectors operating in the Union of India.

1. PUBLIC SECTOR wherein the State i.e. The Union of India and the respective State Government undertake developments projects which are wholly owned by either the Central Government or the State Government.

2. PRIVATE SECTOR which is a sector where private enterprises are permitted in certain fields of economic activities.

3. CO-OPERATIVE SECTOR which is beautifully blended in between a public sector and the private sector. It has benefits of both the sectors and disadvantages of neither of them.

PRINCIPLES OF CO-OPERATIVE SOCIETIES

1. LEGAL STATUS:

A co-operative Society is a body corporate registered under the applicable state Act with perpetual succession having a common seal. It can acquire, hold and dispose of properties, enter into contracts and it can sue and it can be sued.

2. VOLUNTARY ASSOCIATION:

Co-operative Society is essentially an organization or an association of persons who have come together for the common purpose of economic development or for mutual help.

3. SELF HELP AND MUTUAL HELP :

The Co-operative societies office bearers/executive committee is elected as per democratic election procedure. The Co-operative Society function under the principle of self help and mutual help which means each will help for themselves and all will help others.

The membership is open for all.4. 5. 6. 7. EQUALITY : In co-operative Sector. DEMOCRATIC CONTROLS : The Control of a Co-operative enterprise in not in the hands of capitalists who can corner the share capital and control the interest in any undertaking which would be a private undertaking. OPEN MEMBERSHIP : Any person can apply for the membership of the Society without any discrimination. SOCIAL APPROACH / NO PROFIT MOTIVE : . the principle of “ One man one Vote “ is provided in the statute so as to ensure that the capital does not dominate the administration of co-operative Society.

. PROFITS AND RETURNS TO THE MEMBERS : Co-operative Society is an association of members and certain percentage profits earned by the society. Service is the main motto and the profit is not the main concern in co-operative societies.As the Society is working on democratic principle and the office bearers of the Society will be functioning like a trustees for the better management of the society and there is no separate benefits to the executive committee members. 8. as decided in the meeting of the General body will be distributed in the form of dividend to the members.

shall not hold more than 1/5 of the total capital or interest in shares or exceeding Rs. LIMITED INTEREST ON SHARES: Irrespective of the shareholding.000/. Act also prescribes the maximum amount.which the State Government power to change by way of notification. 1960 as per Section 28 other than Government or other society. Under M.9. PERSONAL PARTICIPATION: The shareholders have to personally attend the meeting or for voting. 10. The State Co-op. 20. . Act. each member has only one vote in the decision-making in the General body meeting or at the time of election of the committee for management.C. The shares are not traded in the stock exchange. They are not allowed to appoint proxies for attending the general body or for voting in the resolution to be passed. which a member can hold as a share capital in any society.S.

EDUCATIONS AND CO-OPERATION: Every society has to contribute towards the education fund maintained and looked after by the district co-operative education Board as per the notification issued from time to time for educating the members or the office bearers of the Society.11. 12. CO-OPERATION AMONGST CO-OP. INSTITUTIONS: The funds generated or mobilized through the co-operative societies have to be deposited/ invested in the Co-operative Sector only. .

1960. 2. Co-operative Societies Act under which the same is registered. Notification and Orders 1.ACT & RULES APPLICABLE A Co-operative Society functions as per the provisions of 1. Co-operative Societies rules made there under 3. 4. Bye-laws approved by the registrar at the time of registration and amendments made from time to time and approved by the registrar. Co-operative Societies Act We have a number of Co-operative Societies Acts functional in different states like - Maharastra Co-operative Societies Act. .

1912 and its rules will be applicable. - Kerala Co-operative Societies Act etc. Co-operative Societies Rules . 2002 and its rules shall be applicable. if Co-operative Act and Rules is not enacted. the State Co-operative Act & Rules. - Karnataka Co-operative Societies Act. When the area of operation of Society is spread in two or more states. 1959. 1972.- Pondicherry Co-operative Societies Act. The Multi-State Cooperative Societies Act. 2. - Delhi Co-operative Societies Act. When the area of operation is restricted to one state. 1972. the Central Act which is known as The Co-operative Act. under which the society is registered will be applicable. In a particular state.

3. Notification and Orders issued from time to time by the Government. TYPES OF SOCIETIES . Bye-laws Each society also registered with the bye-laws for internal management of the societies duly approved by the registrar at the time of registration of the society. or any other Authority as prescribed under the Act. The bye-laws of a society constitute a contract between a member and the society and it provide for the management of the society. Rules there under. Bye-laws include the objects of the society and completely define and restrict the society’s activities. 4. but the rights and liabilities of members are determined by the Act and Rules and not by the bye-laws as such.A set of rules is also framed under the respective State Co-operative Act for procedural aspects. The byelaws are framed within the provisions of the Act and the rules made there under.

2. and b) Not less than three-fourths of the members of which are agriculturists. There are various types of societies that can be formed under the Act under which it is registered: Under Maharashtra Co-operative Societies Act. or societies formed by agriculturists.A Society is categorized on the basis of its objects. 1960 following types of Societies can be registered : 1. Agricultural Marketing Society: As per section 2(1) “ agricultural marketing Society” means a society - a) The object of which is the marketing of agricultural produce and the supply of implements and other requisites for agricultural production. the object of which is - . Consumer Society As per Section 2(9) “ Consumer’s Society “ means a society.

of the profits accruing from such procurement. and distribution. production or processing. or the performance of other services for. 4. and (b) the distribution among its members and customers. Central Bank As per section 2(6). Crop Protection Society . Co-operative Bank As per section 2(10) “Co-operative bank “ means a society which is doing business of banking as defined in clause (b) of sub-section (1) of section 5 of the Banking Companies Act. in the proportion. 3. but does not include the urban co-operative bank. its members as also other customers. “Central Bank “ means a co-operative bank. and distribution of goods to.(a)The procurement. 5. prescribed by rules or by the bye-laws of the society. production or processing. 1949 and includes any society which is functioning or is to function as (an Agriculture and Rural Development Bank) under Chapter XI. the objects of which include the creation of funds to be loaned to other societies.

lands are brought together jointly cultivated by all the members. agricultural implements and other equipment such as those used for pumping water on the land.”Farming Society” means a society in which. General Society As per section 2(15). 7. employment and income and the better utilization of resources. Farming Society As per section 2(12). the object of increasing agricultural production.As per section 2(10-A). or (b) coming in possession of the society in any other manner whatsoever. such lands (a) being owned or leased to the members (or some of them). machinery. 6. Housing Society . structures. “Crop Protection Society” means a society the object of which is protection of the crops. 8.”General Society” means a society not falling in any of the classes of societies defined by the other clauses of this section.

for irrigation and otherwise. the object of which is to provide its members with open plots for housing. by motive power or otherwise to its members. dwelling houses or flats. Process Society . 11. and (b) in which the voting rights are so regulated that the members who are societies have not less than four-fifths of the total number of votes in the general meeting of such society 10. or if open plots. the object of which is to provide water supply.”Housing society” means a society. to provide its members common amenities and services.As per section 2(16).”Lift Irrigation Society” means a society. the dwelling houses or flats are already acquired. Irrigation Society As per section 2(16-A). 9.”Federal society”. means a society- (a) not less than five members of which are themselves societies. Federal Society As per section 2(13).

C. the object of which is the processing of goods.”Processing society” means a society. “Apex Society “ means a society.As per section 2(22). Apex Society As per section 2(2) of M. goods or services required by them. Producers Society As per section 2(23). - . 13.S. Resource Society As per section 2(25). Act. the object of which is obtaining for its members of credit.”Resource Society” means a society. the object of which is production and disposal of goods or the collective disposal of labour of the members thereof.”Producers Society” means a society. 12. 14.

(a) the area of operation of which extends to the whole of the State of Maharashtra (b) the main object of which is to remote the principal objects of the societies affiliated to it as Members and to provide for the facilities and services to them and (c) which has been classified as an apex society by the Registrars. .

ACT.C. provide for registration of Societies and the conditions for the same. which can be registered as a Society. which can be registered under the Maharashtra Co-operative Societies Act. . Section 8 provides for application for registration bye-laws and the registration fees. the procedure to be followed for formulation of registration proposals slightly differs. PROVISIONS UNDER THE M. 1960 Sections 3 to 11of the Act.S. The requirements in respect of each type of co-operative society’s needs to be properly understood by every promoter. Section 4 provides for a nature of an organization.PROVISIONS FOR REGISTRATION OF CO- OPERATIVE SOCIETIES There are different types of Co-operative Societies. which were explained earlier. or the professional charged with the responsibility of getting the society registered (chief promoter). Section 6 lays down the conditions for registration of the Society. In all these types of societies. Section 9 provides for time bound registration of the Society and the bye-laws.

However if no space is available for the office of the RA in any ward the office of RA of such Ward is at the office of Deputy Registrar Co-operative Societies India House 6th floor opposite GPO Mumbai. may be registered under this Act: . Registers & Supervises the Societies. Normally the office of such Registering Authority (RA) is situated within the limits of such Ward. WHICH MAY BE REGISTERED As per section 4. a society. which has as its objects the promotion of the economic interests or general welfare of its members or of the public.JURISDICITION Each Society based on its area of operation has to be registered by the Registrar appointed by the Government for the particular jurisdiction. For the purpose of registration of the Societies the City of Mumbai has been divided as per the Municipal Wards. in accordance with co-operative principles or a society established with the object of facilitating the operations of any such society. Other places in each Taluka one Deputy/Assistant Registrar. SOCIETIES. There is a Deputy or Assistant Registrar of Co-operative Societies for each Ward who is the Registration Authority for the Co-operative Societies in that Ward.

which the State Government may. . REGISTRATION WITH LIMITED OR UNLIMITED LAIBILITY As per section 5. in the event of its being wound up. from time to time. or the registration of which may have an adverse effect on development of the co-operative movement. As per section 2[28] “society with limited liability” means a society having the liability of its members limited by its bye-laws. jointly and severally liable for and in respect of its obligations and to contribute to any deficiency in the assets of the society. no society shall be registered if it is likely to be economically unsound. the members of which are. a Society may be registered with limited or unlimited liability. issue. or the registration of which may be contrary to the policy directives. As per section 2[29] “society with unlimited liability” means a society.Provided that.

shall be registered under this Act. structures. unless it consists of at least ten persons [or such higher number of persons as the Registrar may. that a draft of the proposal made by the society for protecting crops. unless the Registrar is satisfied. other than a federal society. was duly published for inviting all owners of land likely to be affected by the proposal and all other persons likely to be interested in the said lands to join the proposal or to send their objections or suggestions and that the objections and suggestions received . and who reside in the area of operation of society : [Provided that. (2-A) No crop protection society shall be registered. after such inquiry as he thinks necessary. or in the same group of villages.] (2) No society with a limited liability shall be registered. who are qualified to be members under this Act. have been duly considered by the society and that the owners in possession of not less than 66 percent in the aggregate of lands included . a lift irrigation society consisting of less than ten but of five or more such persons may be registered under this Act.CONDITIONS OF REGISTRATION As per section 6(1) No society. machinery agricultural implements and other equipment such as those used for pumping water on the land. unless all persons forming the society reside in the same town or village. if any. determine from time to time for a class of societies](each of such persons being a member of a different family). having regard to the objects and economic viability of a society and development of the co-operative movement.

b) an extract from the record of rights duly certified showing the names of the owners of lands and the areas of the lands included in the proposal. For this purpose.in the proposal have given their consenting writing to the making of the proposal and that the proposal made is feasible. When such society is registered. e) a detailed statement showing how the cost is proposed to be met. The owner of every land included in the proposal shall also be primarily liable for the . d) a detailed estimate of the cost of implementing the proposal. the society shall submit to the Registrar: a) a plan showing the area covered by the proposal and the surrounding land as shown in the map or maps of the village or villages affected. including any such owner who may have refused to become a member of the society. c) Statements of such of the owners of the lands as consented to the making of the proposal signed by owners before two witnesses. the cost of implementing the proposal shall be met wholly or in part by contribution to be levied by the society from each owner of the land included in the proposal.

payment of the contribution liable from time to time in respect of such land]. 5) The word “limited” or “unlimited” shall be the last word in the name of every society with limited or unlimited liability. as the case may be which is registered or deemed to be registered under this Act. father. Explanation: For the purpose of this section and section 8. exempt any society or class of societies from any of the . the State Government may. 3) No federal society shall be registered unless it has at least five societies as its members. or unmarried daughter] POWER TO EXEMPT SOCIETIES [OR CLASS OF SOCIETIES] FROM CONDITIONS AS TO REGISTRATION As per section 7. notwithstanding anything contained in this Act. by general or special order. husband. 4) Nothing in this Act shall be deemed to affect the registration of any society made before the commencement of this Act. the expression “ member of family” means wife. [son. mother.

subject to such conditions (if any) as it may impose. The person by whom. an application shall be made to the Registrar in the prescribed form and shall be accompanied by four copies of the proposed bye-laws of the society and such registration fee as may prescribed in this behalf. by at least five societies. such application is made. shall furnish such information in regard to the society. Different registration fees may be prescribed for different class of societies. as the Registrar may require. b) in the case of a federal society. regard being had to the service involved in processing an application for registration. who are qualified under this Act. APPLICATION FOR REGISTRATION As per section 8(1) For the purpose of registration.requirements of this Act as to registration. or on whose behalf. No signature to any application on behalf of a society shall be valid. and. (2) The application may be signed- a) in case of a society other than a federal society by at least ten persons (each of such person being a member of different family). unless the person signing is a member of the committee of such a society and is authorized by the committee by .

to the State Government. to the person making the . within two months]. who are which. to dispose of the application within that period. [or any other law for the time being in force. the society and its bye-laws shall be deemed to have been registered. or policy directives issued by the State Government under section 4]. within a period of fifteen days from the date of expiration of that period refer the application to the next higher officer and where the Registrar is himself the registering officer. 2) Where there is a failure on the part of the Registrar to dispose off such application within the period aforesaid. REGISTRATION As per section 9(1) If the Registrar is satisfied that a proposed society has complied with the provisions of this Act and the Rules. and a copy of such resolution is appended to the application. shall dispose of the application within two months from the date of its receipt and on the failure of such higher officer or the State Government. as the case may be. he shall forthwith communicate his decision. the Registrar shall. from the date of receipt of application register the society and its bye-laws.[and thereafter the Registrar shall issue a certificate of registration under his seal and signature within a period of fifteen days. he [shall. 3) Where the registrar refuses to register a proposed society. with reasons therefore.resolution to sign on its behalf the application for registration of the society and its bye-laws. as the case may be. and that its proposed bye-laws are not contrary to this Act or to the rules.

4) The Registrar shall maintain a registrar of all societies registered or deemed to be registered. 9 .application and if there be more than one to the person who has signed first therein. under the Act.

. APPOINTMENT OF CHIEF PROMOTER The first step to register a Society is that minimum 10 adult individuals from independent families desiring to form a Society should gather and hold a meeting to a) select a provisional committee and elect a Chief Promoter for formation of a society and b) select a name for such Society with three alternatives and to pass appropriate resolutions in that behalf.PROCEDURE FOR REGISTRATION OF CO-OPERATIVE SOCIETIES The procedure for registration of society can be explained as the following steps: 1.

d) To open the Bank account in the name of chief promoter e) To decide about area of operation of the Society and f) To decide about the registered office of the Society g) To authorize chief promoter to submit the proposal for registration and to do any other thing to get the society registered. NAME RESERVATION The second step would be to apply to the registration authority (RA) for reservation of name for the society and obtain letter from the RA in that connection. The letter reserving the name of the society shall be valid for 3 months. The resolutions passed at the promoters meeting as above should accompany such application for reservation of name as aforesaid. The validity of the name is normally extended on an application for 1 or 2 further terms of 3 months each.c) To collect the entrance fee and share capital from the prospective members. . 2.

The registration fee for Housing Society is Rs. REGISTRATION FEE The fourth step is to deposit the registration fee with the Reserve Bank of India and to obtain the receipted challan in that behalf. REGISTRATION PROPOSAL The fifth and final step is to prepare and to submit to RA the proposal for registration of the society.3. 5. 4.2. Under Rule 4 of Maharashtra Co-operative Societies Rules the chief promoter should submit the following documents for registration .and for general Society is Rs. BANK ACCOUNT AND DEPOSITS The third step would be to (a) open a bank account in the name of the proposed Society as per the RA’s directions in that behalf that shall contain in the letter reserving the name and (b) deposit therein the entrance fee share money and the amount recovered for preliminary expenses from the promoters and obtain the certificate from such bank in respect of such deposits. Normally the directions of the RA are to open account with a proximate branch of the District Central Co-operative Bank or any Maharashtra State Co-operative Bank or any other urban Co-operative bank.1250/-.500/.

b) Four copies of the proposed bye-laws of the society c) A list of promoter’s members. if any. f) Such other documents as may be specified in the model bye-laws. such as the name age occupation current residential a address of the promoter member the cost of share amount etc. d) A certificate from the Bank or Banks stating the credit balance therein in favour of the proposed society.Form A An application for registration of a society should be made in form. .a) Application for registration . the description of such property proposed to be purchased. acquired or transferred to the society. The application for registration in quadruplicate should be signed by at least 60% of the promoter’s members and Chief Promoter should attest their signatures. framed by the Registrar. e) A scheme showing the details explaining how the working of the society will be economically sound and where the scheme envisages the holding of immovable property by the society. The specimen of Form A.

5[3] On registering a society and its bye-laws under sub-section (1) of section 9 the Registrar shall as soon as may be. as may applicable for different types of society as per the notification issued from time to time. The registrar shall . and the date of its registration. copy of ration cards. h) Other documents like affidavit. notify the registration of the society in the Official Gazette and grant to the society a certificate the Registration number of the society. public notice in newspaper etc. 5[2] The Registrar may give where necessary opportunity to the promoters to modify the proposed bye-laws before finally registering the society or rejecting the application for registration of the society. REGISTRATION PROCEDURE As per rule 5[1] On receipt of an application under Rule 4 the Registrar shall enter particulars of the application in the register of application to be maintained in Form ‘B’ give a serial number to the application and issue a receipt in acknowledgement thereof..g) The registration fees at the applicable rates. indemnity bonds. 6.

11 .also furnish the society with a certified copy of the bye-laws approved and registered by him.

or the Additional or Joint Registrar on whom powers of the Registrar are conferred. REFUSAL OF REGISTRATION Where any society does not furnish the information in regard to the society as required by the Registrar or fulfill any of the conditions laid down in the Act or these Rules. refusal of registration of society shall lie a) if made or sanctioned or approved by the Registrar. Ultimately a remedy of Writ Petition under Article 226 or 227 of the Constitution of India is always available even to a Co-operative society or a person aggrieved in an extraordinary circumstances. APPEALS Under section 152 an appeal against an order or decisions of registration of society. b) If made or sanctioned by any person other than the Registrar.7. Which means if the decision of State government on the appeal made by the aggrieved party is not . to the State Government. the Registrar may refuse to register that society. Notification or orders. 8. or the Additional or Joint Registrar on whom the powers of the Registrar are conferred to the Registrar.

acceptable a Writ Petition can be filled in the High Court and then Supreme Court.”Housing society” means a society. 1960. or if open plots. dwelling houses or flats.HOUSING SOCIETIES There are different types of Co-op. known as OPEN PLOT SOCIETIES. the object of which is to provide its members with open plots for housing. 2) FLAT OWNERS SOCIETIES : Societies consisting of purchasers of flats under agreements entere into with builders under Section 4 of the MaharashtraFlat (Regulatio . the dwelling houses or flats are already acquired. to provide its members common amenities and services.Housing societies such as: 1) OPEN PLOT SOCIETIES: Societies in which members desire to purchase or take on lease land on which building or buildings are proposed to be constructed. The Building is constructed by the Society themselves. DEFINATION OF HOUSING SOCIETY : As per section 2(16) of MCS Act. TYPES OF CO-OP.

known as TENANTS SOCIETIES. The requirements in respect of each type of co-operative housing societies needs to be properly understood by every promoter or the professional. the procedure to be followed for formulation of registration proposals slightly differs. all the flat purchasers come together and form the societies. Management and Transfer) Act. Here the Builder or the Developer constructs the building and sells the individual flats to different persons. . Later.d Ownership th Promotion of s Construction. 4) HOUSING BOARD SOCIETIES : Societies formed by allottees of flats in buildings constructed by the Bombay Housing and Area Development Board known as HOUSING BOARD SOCIETIES. 5) PROCEDURE FOR FORMATION OF HOUSING SOCIETY In all these four types of societies. n of e 1963. 3) TENANTS SOCIETIES : Societies formed by tenants of the landlords who had constructed the building/buildings and had let out the flats therein. charged with the responsibility of getting the society registered. known as FLAT OWNERS SOCIETIES.Sale.

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Registrar and his subordinates . 1960 Chapter I : PRELIMINARY 1. Short title. extent and commencement 2.15 Section Maharashtra Co-operative Societies Act. Definitions Chapter II : REGISTRATION 3.

Evidence of Registration 11. Registration with limited or unlimited liability 6. Registration 10. Application for registration 9. Power of Registrar to decide certain questions 12. . Societies which may be registered 5. Conditions of registration 7.3-A. Amendment of bye-laws of society 14. Power to exempt societies or class of societies from conditions as to registration 8. Classification of societies 13. Temporary vacancies 4.

Collaboration by societies 21. Amalgamation. etc. Amalgamation of co-operative banks 18-B.Power to direct amendment of bye-laws 15. Change of name 16. 18-A. Partnership of societies 20-A. division or conversion of societies 18. Reorganisation of societies on account of alteration of limits of local areas in which they operate 19. . transfer. Reconstruction of societies 20. Power to direct amalgamation. Change of liability 17. division and re-organisation in public interest. Amalgamation of primary agricultural credit societies 18-C.

Cancellation of registration 21-A. De-registration of societies

Chapter III: MEMBERS AND THEIR RIGHTS AND LIABILITIES 22. Person who may become member 23. Open membership 24. Nominal, associate and sympathiser member 25. Cessation of membership 25-A. Removal of names of members from membership register 26. No rights of membership to be exercised till due payments are made 27. Voting powers of members 28. Restrictions on holding of shares

29. Restrictions on transfer or charge of 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

Chapter IV : INCORPORATION DUTIES AND PRIVILEGES OF SOCIETIES 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 or evidence 41. Exemption from compulsory registration of instruments relating to shares and debentures of societies 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

Subsidiary State Partnership Fund 54. Deductions from sale price of certain agricultural produce to meet society's dues 49. Deduction from salary to meet Society's claim in certain cases Chapter V : STATE AID TO SOCIETIES 50. Charge on immovable property of members borrowing from certain societies 48-A.47. Direct partnership of State Government in societies 51. Prior claim of society 48. Principal State Partnership Fund 53. Indirect partnership of State Government in societies 52. Approval of State Government for purchase of shares .

Restriction on amount of dividend 57. Liability to be limited in respect of certain shares 56. Indemnity of Apex and Central societies 58. Disposal of share capital and dividend. 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. 59. etc. Provisions of this Chapter to override other laws Chapter VI: PROPERTY AND FUNDS OF SOCIETIES .55.

Restrictions on dividend 68. Funds not to be divided 65. Investment of funds 71. Contribution to public purposes 69-A. Contribution to education fund of the State federal society 69. Ascertainment and appropriation of profits 66. Employees' provident fund 71-A.64. Reserve fund 67. Contribution of Co-operative State Cadre of Secretaries of certain societies and establishment of Employment such Cadre 70. Funds not to be utilised for certain proceedings filed or taken by or against officers in personal capacities .

its powers and functions 73-IA. Election to more than one seat on committee of society including specified society 73-IB. Motion of non-confidence against officers of societies 73-A. Final authority of society 73. Election to notified societies 73-ID. Powers of State Government to postpone election 73-IC.Chapter VII : MANAGEMENT OF SOCIETIES 72. Committee. . Designated officer who is associate councilor to cease to be designated officer on the ceasing to be such Councillor 73-AB. Disqualification for being designated officer simultaneously of certain categories of societies or for being designated officer of the same society for more then ten years 73-AA. Cessation of membership of committee held be virtue of office under Government etc. 73-B.

Member who or whose near relation is dealing in goods for purchase of which loans are given by a society not eligible to be on its committee 73-FF. Provision for conduct of elections to committees and of officers of certain societies and term of office of member of such committees . 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 monetory limits not entitled to be designated officers 73-F. Disqualification for membership of committee 73-FFF. Reservation of seats for employees on committees of certain societies 73-BBB. Eligibility for re-appointment or re-election as member of committee 73-G. Tribes (Vimukta Jatis) Nomadic Tribes. Reservation of seats on committees of societies for women members and elections thereto 73-C.Reservation of seats on committees of certain societies for Scheduled Caste. Scheduled Tribes or Other Backward Classes. Restrictions on representation of certain class of members on committees of certain societies and for being designated officers 73-D. Special Backward Classes and for members of weaker section and election thereto 73-BB. De-notified.

where there is failure to elect member.73-H. thereof 79. Power of removal of committee or member. new committee or Administrator. Responsibility of committee to hold election before expiry of term 74. Appointment of member of committee. Qualification and appointment of Manager. Registrar's power to enforce performance of obligations 79-A. Special general meeting 77. etc 79-AA.. to constitute committee or where committee does not enter upon office 78. Secretary and other officers of societies and Chief Officer and Financial Officer for certain societies 75. Registrar's powers to give directions to frame regulations . Government's power to give directions in the public interest. not to be invalidated by certain defects 77-A. Annual general meeting 76. Acts of societies etc.

Inspection of books of indebted society 85. Recovery of costs 87. Costs of inquiry and inspection 86. Audit 82. INSPECTION AND SUPERVISION 81. Rectification of defects in accounts 83.79-B. Inquiry by Registrar 84. Registrar's Power to remove member for failure to supply his agricultural produce to processing society 80. Chapter VIII: AUDIT. Registrar's power to seize records etc. Registrar to bring defects disclosed in inquiry or inspection to notice of society . INQUIRY.

Constitution or recognition of federal authority to supervise working of societies CHAPTER IX: SETTLEMENT OP DISPUTES 91. Disputes 91-A. attendance etc. Constitution of Co-operative Courts 92. 89-A. Power of Registrar to assess damages against delinquent promoters. Power to inspect working of society 90. 88-A. Limitation 93.88. Deposit towards fees of inquiry 89. Transfer of disputes from one Co-operative Court to another and suspension of proceedings in certain cases . etc. Power to enforce.

94. Private transfer of Property made after issue of certificate void against society 100. Attachment before award or orders and interlocutory orders 96. . Transfer of property which cannot be sold 101. Money how recovered 99. Winding up 103. Appeal against decision under section 96 and Order under section 95 98. Procedure for settlement of disputes and power of Co-operative Court 95. Decision of Co-operative Court 97. Recovery of arrears due to certain societies as arrears of land revenue Chapter X: LIQUIDATION 102.

Bar of suit in winding up and dissolution matters 108.. Termination of liquidation proceedings 110. Powers of Liquidator 106. Order for winding up. Effect of order of winding up 107. not to be made without sanction or requisition of Reserve Bank of India . supersession of committee. reconstruction.Appointment of Liquidators 104. of insured Cooperative bank. etc. Audit of Liquidator's accounts 109. Appeal against order of winding up 105. Disposal of surplus assets CHAPTER XA: INSURED CO-OPERATIVE BANK 110-A.

powers of such committee. 112-AA. State and other Agriculture and Rural Development Banks 112-A. Appointment. Issue of debentures 115. etc. powers and functions of Trustee 114. Guarantee by State Government .CHAPTER XI : AGRICULTURE AND RURAL DEVELOPMENT BANKS 111. General Body and committee of State Agriculture and Rural Development Bank 112-C. Deleted 113. its term of office of delegates casual vacancies. Application of Chapter XI of Agriculture and Rural Development Banks 112. District Loan Committee. Election of delegate as member of Agriculture and Rural Development Bank from City of Bombay District and Bombay Suburban District 112-B.

Vesting of property in Trustee and Debenture holders charge on assets 117. Deleted 119. Priority of mortgage 121. executed in favour of Agriculture and Rural Development Banks 123. Powers of Agriculture and Rural Development Banks to advance loans and to hold lands 118. Mortgages and other instruments executed in favour of an Agriculture and Rural Development Bank to stand vested in State Agriculture and Rural Development Bank 122. Deleted 125. Section 8 of Act XXXII of 1956 to apply to mortgages and other instruments to an . Mortgages and other instruments not to be questioned on insolvency of mortgagors or executants 124. Order granting loan conclusive on certain matters 120. Mortgages and other instruments executed by managers of joint Hindu families 126. Registration of mortgage lease etc.116.

subject to certain modification 127. Restrictions on lease 128.Agriculture and Rural Development Banks. Confirmation of sale 135. Recovery of loans by development banks 132. Powers to distraint 133. Disposal of sale-proceeds . Mortgaged or encumbered property of Tribal and to be sold to non-Tribal at public auction under section 133 134. Sale of mortgaged property 133-A. Right of Agriculture and Rural Development Banks to buy mortgaged property 131. Agriculture and Rural Development Bank to receive money and give Discharge 129. Powers of Agriculture and Rural Development Bank where mortgaged property is destroyed or security becomes insufficient 130.

Section 40 of Bom. Officers or members of family not to bid at auction sales 140. Service of notice 143-A. . Certificate to purchase. Recovery of loans on certificate by Registrar 138. Transfer of rights and liabilities of Government in respect of schemes sanctioned under Bom. Provision for Guarantee funds to meet certain losses 142. XXVIII of 1947 not to apply to alienation in favour of Agriculture and Rural Development Bank 141.136. Mode of recovery by Collector 139. XXVIII of 1942 144. Registrar's power to permit any society or Class of societies to function as an Agriculture and Rural Development Bank 143. delivery of property and title of purchase 137. Power to Committee of State Agriculture and Rural Development Bank to supervise Agriculture and Rural Development Banks and make regulations 144-IA.

Removal or reduction of period of disqualification . in public interest 144-IB. Deleted CHAPTER XI-A: ELECTIONS OF COMMITTEES AND OFFICERS OF CERTAIN SOCIETIES 144-A. Conduct of elections 144-D. Disqualifications for membership 144-F. When elections to be held 144-C. maximum thereof and lodging of account 144-G.Reorganisation. Application of this Chapter and definitions 144-B. amalgamation or division of Agriculture and Rural Development Banks. Disqualification for failure to lodge account of election expenses 144-H. Cost of conducting elections 144-E. Account of election expenses.

Removal of ballot papers from polling station to be an offence 144-R. Penalty for disorderly conduct in or near polling stations 144-N. . Other offences and penalties therefore 144-S.144-I. Prohibition of canvassing in or near polling station 144-M. Penalty for illegal hiring or procuring of conveyances at elections 144-P. Officers etc. Corrupt practices 144-J. Maintenance of secrecy of voting 144-K. Breaches of official duty in connection with election 144-Q.. Application of section 148 to offences under this Chapter subject to certain modifications 144-T. Penalty for misconduct at the polling station 144-O. at elections not to act for candidates or to influence voting 144-L.

Contents of petition 144-W. Relief that may be claimed by the petitioner 144-X. Punishments for offences under section 146 . Deposit towards costs for hearing and power to award costs for hearing and power to award costs 144-V. Prohibition of use of the words 146. Power to make rules for purposes of this chapter 144-Y. Special provision for election of officers of specified societies Chapter XII: OFFENCES AND PENALTIES 145.Disputes relating to elections to be submitted to the Commissioner or other specified officer 144-U. Offences 147.

REVIEW AND REVISION 149. Appeal against rejection of nomination paper at election 153. Cognizance of offences 148-A. Revisionary powers of State Government and Registrar . Appeals 152-A. Contempt of Co-operative Courts and of Co-operative Appellate Court Chapter XIII: APPEALS. Maharashtra State Co-operative Appellate Court 150.148. Extension of period of limitation by appellate authority in certain cases 154. Co-operative Appellate Court to have power of Civil Court 152. Review of orders of Co-operative Appellate Court 151.

Members of State Legislature and certain local authorities not to b remunerated while . Branches. its functions. etc. Delegation of power of Registrar to certain authorities and officer 159. Registrar's powers to recover certain sums by attachment and sale of Property 157.CHAPTER XIII-A: MAHARASHTRA STATE CO-OPERATIVE COUNCIL 154-A. Handing over records and property to new Chairman on election 160-A. Constitution of State Co-operative Council. Chapter XIV: MISCELLANEOUS 155. Recovery of sums due to Government 156. etc. Power to exempt societies from provisions of Act 158. of societies outside the State 160.

holding certain offices in societies 160-B. Registrar and other officers to be public servants 162. Companies Act not to apply . Notice necessary in suits 165. Bar of jurisdiction of Courts 164. etc. a t a rate higher than the maximum prescribed 161. Repeal. daily allowance. Indemnity for acts done in good faith 163. saving and construction 167. Rules 166. Members of committees not entitled to travelling allowance.