The Maharashtra Cooperative Societies Act 1960
Chapter: XIV - MISCELLANEOUS
Section 155 to 167
Section 155 - Recovery of sums due to Government
(1) Unless otherwise provided by this Act, all sums due from a society or from an officer
or member or a deceased member of a society as such to the Government, may be
recovered according to the law and under the rules for the time in force for the recovery
of arrears of land revenue.
(2) Sums due from a society to the Government and recoverable under the foregoing subsection
may be recovered, firstly from the property of the society, secondly in the case of
a society of which the liability of the members is limited, from the members or past
members or the estate of deceased members subject to the limit of their liability, and
thirdly, in the case of societies with unlimited liability, from the members or past
members or estate of deceased members.
(3) The liability of past members or estate of deceased members shall in all cases be
subject to the provisions of section 33.
Section 156 - Registrar's powers to recover certain sums by attachment and sale of property
(1) The Registrar or any officer sub ordinate to him and empowered by him in this
behalf 1 [or an officer of such society as may be notified by the State Government, who is
empowered by the Registrar in this behalf] may, subject to such rules as may be made by
the State Government, but without prejudice, to any other mode of recovery provided by
or under this Act, recover--
(a) any amount due under a decree or order of a Civil Court obtained by a society;
(b) any amount due under a decision, award or order of the Registrar, 2 [Co-operative Court] or Liquidator or 3 [Co-operative Appellate Court];
(c) any sum awarded by way of costs under this Act,
(d) any sum ordered to be paid under this Act as a contribution to the assets of the Society;
4 [(e) any amount due under a certificate granted by the Registrar under sub section (1) or (2) of section 101 or under sub-section (1) of section 137:]
together with interest, if any, due on such amount or sum and the costs of process 5 [according to the scales of fees laid down by the Registrar, from time to time,] by the attachment and sale or by sale without attachment of the property of the person against whom such decree, decision, award or order has been obtained or passed.
(b) any amount due under a decision, award or order of the Registrar, 2 [Co-operative Court] or Liquidator or 3 [Co-operative Appellate Court];
(c) any sum awarded by way of costs under this Act,
(d) any sum ordered to be paid under this Act as a contribution to the assets of the Society;
4 [(e) any amount due under a certificate granted by the Registrar under sub section (1) or (2) of section 101 or under sub-section (1) of section 137:]
together with interest, if any, due on such amount or sum and the costs of process 5 [according to the scales of fees laid down by the Registrar, from time to time,] by the attachment and sale or by sale without attachment of the property of the person against whom such decree, decision, award or order has been obtained or passed.
(2) The Registrar or the officer empowered by him shall be deemed, when exercising
the powers under the foregoing sub-section, or when passing any orders on any
application made to him for such recovery, to be Civil court for the purposes of 6 [article 136 in the Schedule to the Limitation Act, 1963.].
Footnote:
1. These words were inserted by Mah. 63 of 1981, s. 2(a).
2. These words were substituted for the word "arbitrator" by Mah. 3 of 1974, s. 43.
3. These words were substituted for the word "Tribunal", by Mah. 3 of 1974.
4. Clause (e) was inserted by Mah. 33 of 1963, s. 31.
5. These words were inserted by Mah. 63 of 1981, s. 2(b).
6. These words and figures were sub stituted for the words and figures "article 182 in the first schedule to the Limitation Act, 1908, by Mah. 20 of 1986, s, 65.
Section 157 - Power to exempt societies from provisions of Act
The State Government may, by general or special order, 1 [* * * * * * *] exempt any society or class of societies from any of the provisions of this Act, 2 [or of the rules made thereunder,] or may direct that such provisions shall apply to such society or class of
societies with such modifications not affecting the sub stance thereof as may be specified
in the order:
Provided that, no order to the prejudice of any society shall be passed, without an opportunity being given to such society to represent its case.
Provided that, no order to the prejudice of any society shall be passed, without an opportunity being given to such society to represent its case.
Footnote:
1. The words "to be published in the Official Gazette" were deleted by Mah. 27 of 1969,s. 22(a).
2. These words were Inserted by Mah. 27 of 1969, s. 22(b).
Section 158 - Delegation of power of Registrar to 1 [certain authorities and officer]
The State Government may, by notification in the official Gazette, and subject to such
conditions (if any) as it may think fit to impose, delegate all or any of the powers of the
Registrar under this Act to any federal authority or to an officer thereof 2 [or to any other authority] 3 [or to any officer of the Zilla Parishad constituted under the Maharashtra Zilla
Parishads and Panchayat Samitis Act, 1961 and such 4 [authorities and] officer of the Zilla Parishad shall work under the general guidance,superintendence and control of the
Registrar] specified in the notification.
Footnote:
1. These words were substituted for the words "federal authorities" by Mah. 20 of 1986, s.
2. These words were inserted by Mah. 20 of 1986, s. 66(a).
3. This portion was inserted by Mah. 5 of 1962, s. 286, Tenth Sch.
4. These words were inserted by Mah. 20 of 1986, s. 66(b).
Section 159 - Branches, etc. of societies outside the State
(1) No society shall open a branch or a place of business outside the State of
Maharashtra, and no co-operative society registered under any law in any other State
shall open a branch or a place of business in the State of Maharashtra, without the
permission of the Registrar.
(2) Every co-operative society registered under any law in any other State, and permitted
to open a branch or a place of business in the Maharashtra State under the foregoing subsection,
or which has a branch or a place of business in the Maharashtra State at the
commencement of this Act, shall, within three months from the opening of such branch
or place of business or from the commencement of this Act, as the case may be, file with
the Registrar a certified copy of the bye-laws and amendments and, if these are not
written in English language, a certified translation thereof in English or Hindi, and shall
submit to the Registrar such returns and information as are submitted by similar societies
registered under this Act in addition to those which may be submitted to the Registrar of
the State where such society is registered.
Section 160 - Handing over records and property to new Chairman on election
(1) On the election of a new committee and its Chairman, the retiring Chairman, in whose
place the new Chairman is elected, shall hand over charge of the office of the committee
and all papers and property, if any of the society in possession of the committee or any
officer thereof, to the new Chairman of the committee.
(2) If the retiring Chairman fails or refuses to hand over charge, or to hand over the
papers and property of the society as aforesaid, the Registrar, or any person empowered
by him in this behalf, may by order in writing direct him to forthwith hand over such
charge and property.
(3) If the retiring Chairman to whom a direction has been issued as aforesaid does not
comply with such direction, he shall on conviction be punished with simple
imprisonment which may extend to one month or with fine which may extend to five
hundred rupees or with both; and the Registrar may, on the retiring Chairman's failure to
comply with such direction, take order for seizing the records and property and handing it
over to the new Chairman, in the manner provided in section 80.
1 Section 160A - Members of State Legislature and certain local authorities not to be remunerated while holding certain offices in societies
Notwithstanding anything contained in this Act or the rules or by laws made thereunder,
a member of the State Legislature or of a committee under the Hyderabad District
Municipalities Act, 1956, or a member of a Zilla Parishad or Panchayat Samiti under the
Maharashtra Zilla Parishads and Panchayat Samitis Act, 1962, while holding the office of
Chairman or members of the committee of a society to which appointment is made by
the State Government, or the office of liquidator or the office of nominee of the Registrar
whether appointed individually or to a board of nominees, shall not be entitled to receive
any remuneration other than travelling allowance, the daily allowance or such other
allowance which is paid to the holder of any such office for the purpose of meeting the
personal expenditure incurred in attending the meeting of the committee or body, or in
performing any other functions as the holder of such office.
Footnote:
1. Section 160 A was inserted by Mah. 23 of 1968, s. 6.
1 Section 160B Members of committees not entitled to travelling allowance, daily allowance, etc. at a rate higher than the maximum prescribed
Subject to the provisions of section 160A, no member of the committee of any society
shall be entitled to receive from the society the travelling allowance, the daily allowance
or such other allowances or fees which are paid to the members for attending meetings
of its committee, or for performing any other functions as such members, at a rate higher
than the maximum rate prescribed in this behalf and different maximum rates may be
prescribed for different societies or class of societies or for different purposes.
Footnote:
1. Section 160B was inserted by Mah. 27 of 1969, s. 23.
1 Section 161 - Registrar and other officers to be public servants
The Registrar, a person exercising the powers of the Registrar, an officer as defined in
clause (20) of section 2, or a person appointed as an Official Assignee under
sub-section (2) of section 21A, or as an administrator under section 77A or 78, or a person
authorised to seize books records or funds of a society under sub-section (3) of section 80, or to audit the accounts of a society under section 81 or to hold an inquiry
under section 83, or to make an inspection under section 84, or 89A or to make an order under
section 88 or a person appointed as a member constituting a Co-operative Court under
section 91A or the Cooperative Appellate Court under section 149 or a Liquidator under
section 103, shall be deemed to be public servants within the meaning of section 21 of
the Indian Penal Code.
Footnote:
1. Section 161 was sub stituted for the original by Mah. 20 of 1986, s. 67.
Section 162 Indemnity for acts done in good faith
No suit, prosecution or other legal proceeding shall lie against the Registrar or any person
subordinate to him or acting on his authority, in respect of anything in good faith done, or
purported to be done by him by or under this Act.
Section 163 - Bar of jurisdiction of Courts
(1) Save as expressly provided in this Act, no Civil or Revenue Court shall have any
jurisdiction in respect of--
(a) the registration of a society or its by-laws,or the amendments of its by-laws, or the
dissolution of the committee of a society, or the management of the society on dissolution
thereof; or
(b)any dispute required to be referred to 1 [the Co-operative Court,] for decision;
(c) any matter concerned with the winding up and dissolution of a society. .
(b)any dispute required to be referred to 1 [the Co-operative Court,] for decision;
(c) any matter concerned with the winding up and dissolution of a society. .
(2) While a society is being wound up, no suit or other legal proceeding relating to the
business of such society shall be proceeded with or instituted against the society or any
member thereof, or any matter touching the affairs of the society, except by leave of the
Registrar,and subject to such terms as he may impose.
(3) All orders, decisions or awards passed in accordance with this Act or the
rules shall,subject to the provisions for appeal or revision in this Act be final; and no
such order,decision or award shall be liable to be challenged, set aside modified,revised or
declared void in any Court upon the merits or upon any other ground whatsoever. 2 [* * *]
Footnote:
1. These words were substituted for the words "the Registrar, or the Co-operative Court" by Mah. 18 of 1982, s. 15.
2. The words "except for want of jurisdiction" were deleted by Mah. 27 of 1969, s. 25.
Section 164 - Notice necessary in suits
No suit shall be instituted against a society, or any of its officers, in respect of any act
touching the business of the society, until the expiration of two months next after notice
in writing has been delivered to the Registrar or left at his office, stating the cause of
action, the name, description and place of residence of the plaintiff and the relief which
he claims, and the plaint shall contain a statement that such notice has been so delivered
or left.
Section 165 - Rules
(1) The State Government may for the whole or any part of the State and for any society
or class of societies, make rules for the conduct and regulation of the business of such
society or class of societies, and for carrying out the purpose of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such
rules may--
1 [(i) subject to the provisions of section 3, prescribe the designation of officers who shall
exercise powers vested in the Registrar;]
(ii) prescribe the forms to be used and the conditions to be complied with it, the making
of applications for the registration of a society under section 8 and the procedure in the
matter of such application;
(iii) prescribe the matter in respect of which a society may make, or the 2 [Cooperative court] may direct a society to make, by-laws and the conditions to be followed in making,
altering and abrogating by-laws and the conditions to be satisfied prior to such making,
alteration or abrogation;
(iv) prescribe the procedure to be followed and conditions to be observed for change of
name or liability, amalgamation, transfer, division, conversion, or reconstruction of
society;
(v) prescribe the form of and procedure for an application under section 19 and the
procedure for reconstruction of a society under that section;
3 [(v-a) prescribe the conditions subject to which the Official Assignee shall realise the
assets and liquidate the liabilities, under section 21A(3);
(v-b) prescribe the manner of giving public notice and the remuneration and allowances to be paid to Official Assignee, under sections 21A(1) and 21A(4);
(v-c) prescribe the form of application, under section 23 (1A);]
4 [(v-d) prescribe the manner for entering into collaboration by any society or societies with any Government undertaking or any undertaking approved by Government for carrying on any business;]
(v-b) prescribe the manner of giving public notice and the remuneration and allowances to be paid to Official Assignee, under sections 21A(1) and 21A(4);
(v-c) prescribe the form of application, under section 23 (1A);]
4 [(v-d) prescribe the manner for entering into collaboration by any society or societies with any Government undertaking or any undertaking approved by Government for carrying on any business;]
(vi) prescribe the conditions to be complied with by a person applying for admission or
admitted as a member and provide for the election and admission of members and the
payment to be made and the interests to be acquired before the exercise of the right of
membership;
(vii) prescribe in the case of a federal society or class of federal societies the proportion
of individual members to society members in such society or class of societies and the
proportion of individual members to society members in the committee of such society or
class of societies;
(viii) subject to the provisions of section 28, prescribe the maximum number of shares or
portion of the capital of a society which may be held by a member;
(ix) prescribe the procedure for the admission of joint members, members of a joint
Hindu undivided family, and minors and persons of unsound mind inheriting the share or
interest of deceased members and provide for their rights and liabilities;
(x) provide for the withdrawal, removal or expulsion of members and for the payments to
them and for the liabilities of past members and the estate of deceased members;
(xi) prescribe the conditions and procedures for the transfer of share or interest;
(xii) provide for the nomination of a person to whom the share or the interest of a
deceased member may be paid or transferred;
(xiii) provide for ascertaining the value of a share or interest of a past member or
deceased member;
(xiv) prescribe the payments to be made and the conditions to be complied with by
members applying for loans, the period for which loans may be made, and the amount
which may be lent to an individual member;
(xv) provide for the inspection of documents in the Registrar's office and the levy of fee
for granting certified copies of the same;
(xvi) provide for the procedure for registering the address of a society and the change of
its address;
(xvii) provide for the formation and maintenance of a register of members, and where the
liability of members is limited by shares, of a register of shares and a list of members;
(xviii) provide for securing that the share capital of any society shall be variable in such a
way as may be necessary to secure that the share shall not appreciate in value and that
necessary capital shall be available for the society as required;
(xix) provide for the procedure to be adopted by a society with limited liability in order to
reduce its share capital;
(xx) prescribe the period for and terms upon which Government aid may be given to
societies and terms under which the State Government may subscribe to the share capital
of and guarantee the payment of the principal of and interest on debentures issued by
societies;
(xxi) regulate the manner in which funds may be raised by a society or class of societies
by means of shares or debentures or otherwise and the quantum of funds so raised;
(xxii) prescribe the limits for loans to be granted by a society or class of societies against
different class of securities or without security and the procedure for granting loans;
(xxiii) prescribe the manner of recalling a loan;
(xxiv) prescribe the limits for granting credit by a non-credit society or a class of noncredit
societies;
(xxv) prescribe the prohibitions and restrictions subject to which societies may trade or
transact business with persons who are not members;
(xxvi) prescribe the conditions on which any charge in favour of a society shall be
satisfied and the extent to which and the order in which the property to the charge shall
be used in its satisfaction;
(xxvii) provide for giving reasonable notice of the charge under section 48;
(xxviii) prescribe the procedure by which a society shall calculate and write off bad
debts;
5 [(xxix) the manner in which a society shall construct its annual financial statements and
the other purposes for which a society may appropriate its net profits, under section 65;]
(xxx) provide for the formation and maintenance of reserve fund and the objects to which
such fund may be applied and for the investment and use of any fund including reserve
fund under the control of a society;
(xxxi) prescribe the conditions under which profits may be distributed as dividend and
bonus among the members and non-members of a society;
(xxxii) prescribe the rate at which a society shall contribute towards the education fund of
the State federal society under section 68;
6 [(xxxii-a) prescribe the rate or rates at which and the manner in which the societies
(including other corporate bodies) shall contribute towards the Co-operative State Cadre
Employment Fund under section 69A;
(xxxiii) define the co-operative purpose for which a society shall, under section 69, utilise its fund;
(xxxiv) prescribe the mode of investment of funds of a society shall, under section 69,
utilise its fund;
(xxxv) provide for the payment of contribution to any provident fund which may be
established by a society for the benefit of officers and servants employed by it and for the
administration of such provident fund;
7 (xxxv-a) prescribe the procedure for the election to notified societies under section 73-IC (2);
(xxxv-b) prescribe the manner of recovery of the expenses of holding elections to notified societies by the Registrar, under section 73-ID;
(xxxv-c) prescribe the requisition form and the manner in which the motion of no confidence can be brought under section 73-ID;
(xxxv-d) prescribe the manner to fill in the seat reserved for the employees by selection, or by election by employees under section 73BB(1);
(xxxv-e) prescribes the body of persons for selection of persons on a panel for appointment, under section 74(2);
(xxxv-b) prescribe the manner of recovery of the expenses of holding elections to notified societies by the Registrar, under section 73-ID;
(xxxv-c) prescribe the requisition form and the manner in which the motion of no confidence can be brought under section 73-ID;
(xxxv-d) prescribe the manner to fill in the seat reserved for the employees by selection, or by election by employees under section 73BB(1);
(xxxv-e) prescribes the body of persons for selection of persons on a panel for appointment, under section 74(2);
(xxxvi) prescribe the procedure and conditions for the exercise by a federal society, of the
powers conferred by this Act;
(xxxvii) provide for general meetings of the members for the procedure at such meetings
and the power to be exercised by such meetings;
(xxxviii) prescribe the conditions in which a member of a society may be disqualified
from voting;
(xxxix) 8 [provide for the removal and appointment of the committee or its members] and
other officers and for the appointment of administrator under section 78 and prescribe
procedure at meeting of the committee and or for the powers to be exercised and the
duties to be performed by the committee, administrator and other officers;
(xl) prescribe qualifications for members of the committee and employees of a society or
class of societies 9 [duties to be performed by, and several and joint liabilities therefor, of
such members] and the conditions of service subject to which person may be employed
by societies;
10 [(xl-a) prescribe the amount and nature of security to be furnished by any officers or
employees of any society or class of societies who are required to handle cash, securities
or property belonging to the society, the maximum amount of cash which may be handled
or kept at a time by any officer or employee, and the amount, in excess of which, all
payment shall be made by or on behalf of the society by means of a cheque;]
(xli) prescribe the returns to be submitted by a society to the Registrar and provide for the
person by whom and the form in which such returns shall be submitted;
(xlii) provide for the persons by whom and the from in which copies of documents and
entries in books of societies may be certified and the charges to be levied for the supply
of copies thereof;
(xliii) provide for the procedure to be adopted by the Registrar in the cases where the
taking of possession of books documents, securities, cash and other properties of a
society or of a society the affairs of which have been ordered to be wound up by the
Registrar or by a person entitled to the same is resisted or obstructed;
(xliv) provide for the procedure to be adopted for taking possession of books, documents,
securities, cash and other property of a society by a person acting under sections 81, 83 and 84
in cases where misappropriation of funds, breach of trust or fraud has been
committed, or where it is suspected or apprehended that the books, documents, securities,
cash and other properties are likely to be tampered with or destroyed or removed;
(xlv) prescribe the accounts and books to be kept by a society or class of societies;
(xlvi) prescribe the procedure for conducting an audit, the matters on which the auditor
shall submit a report, the form in which the statement of accounts shall be prepared for
his audit, the, limits within which the auditor may examine
(xlvii) prescribe the procedure for appointment of auditors under section 81;
(xlviii) prescribe the form for the rectification of defects discovered in the course of
audit, inspection or inquiry;
(xlix) prescribe the procedure for apportioning the cost of inquiry and inspection and for
assessing damages against delinquent promoters under section 88 and for recovery of cost
and damages;
(l) prescribe the procedure for apportioning the cost of inquiry and inspection and for
assessing damages against delinquent promoters under section 88 and for recovery of cost
and damages;
(li) prescribe the manner in which appointment shall be made and control exercised by,
and the number of persons comprising, and functions to be performed by, the authority
constituted under section 90, the manner of election and nomination of such persons, the
fees to be paid to such authority and the manner of such payment and the procedure for
and the method of calculating any cost, charges or expenses required to be levied under
this Act or the rules;
11 [(lii) prescribe the qualifications of the members constituting the Co-operative Courts,
provide for the terms and conditions of their appointment, prescribe the procedure to be
followed in proceedings before 12 [the Co-operative Courts]; 13 [provide for fixing,
levying and collecting appropriate fees and expenses for determining the disputes
(including expenses incurred by the parties to the proceedings), having regard to the
services rendered or to be rendered or any expenditure incurred or likely to be incurred
for the machinery set up therefor, provide for delegation of the power of fixing the scale
of any such fees and expenses to the Registrar, (and all such fees and expenses being
applicable to any disputes and other proceedings which may be pending immediately
before commencement of Maharashtra Co-operative Societies (Third Amendment) Act,
1973, or which may be referred to or instituted thereafter), provide for the mode of
payment of these fees and expenses whether in the form of court-fee stamps, in cash or in
any other manner; and provide, for enforcing the decisions, awards or orders in such
proceedings);]
(liii) prescribe the form in which a dispute shall be referred to the 14 [Co-operative
Court];
(liv) provide for the issue and service of processes and for providing of service thereof;
(lv) provide for the investigation of claims and objections that may be preferred against
any attachment effected 15 [under section 95];
(lvi) prescribe the procedure for and the method of recovery of any sums due under this
Act or the rules;
(lvii) prescribe the procedure to be followed for the custody of property attached under
section 95;
(lviii) prescribe the procedure to be followed in the execution of awards;
(lix) prescribe the manner in which any properly shall be delivered to, and the terms and
conditions subject to which such property shall be held by, a society under section 100;
(lx) prescribe the procedure for attachment and sale of property for the realisation of any
security given by a person in the course of execution proceedings;
(lxi) prescribe the procedure and conditions for the exercise of the powers conferred
under section 105 and the procedure to be followed by a Liquidator and provide for the
disposal of surplus assets;
(lxii) prescribe the matters in which an appeal shall lie from the order of Liquidator
appointed under section 103;
(lxiii) prescribe the procedure and conditions for the issue, redemption, re-issue, transfer,
replacement, or conversion of debentures issued by a society to which Chapter XI is
applicable;
(lxiv) prescribe the maximum amount of principal, rate of interest and other conditions
for the guarantee of debentures issued by a society to which Chapter XI is applicable;
(lxv) prescribe the qualifications and methods of appointment of an officer to effect sale
under section 133 and the powers and functions which such an officer may exercise;
(lxvi) prescribe for the appointment of a receiver of the produce and income of the
mortgage property for sale under section 133, the conditions in which he may be
appointed or removed, the powers and functions which he may exercise and the expenses
of management and remuneration which he may receive;
(lxvii) prescribe the circumstances in which action may be taken by 16 [an Agriculture
and Rural Development Bank] against a mortgagor under section 133(2);
(lxviii) prescribe, in case of sale of immovable property under Chapter XI--
(a) the procedure for proclamation and conduct of the sale and the conditions on which an
attempt of sale may be abandoned;
(b) the method of calculating the expenses incidental to the sale or attempted sale;
(c) the procedure for the receipt of deposit and disposal of the proceeds of sale;
(d) the procedure for a resale if an attempted sale is abandoned or the purchase money is not deposited within the prescribed time and the penalty to be levied against the purchaser who fails so to deposit the purchase money;
(e) the form and method of disposal of money by 17 [an Agriculture and Rural Development Bank] under section 135;
(f) the form of sale certificate under section 136;
(g) the procedure for the delivery by the Court of the property purchased to the purchaser under section 136;
(h) the form of the notice referred to in section 143; and
(f) the fee payable or the service of such notices and the manner of serving such notices on, and of the transmitting landlords' fee to, the landlord named in such notices;
(b) the method of calculating the expenses incidental to the sale or attempted sale;
(c) the procedure for the receipt of deposit and disposal of the proceeds of sale;
(d) the procedure for a resale if an attempted sale is abandoned or the purchase money is not deposited within the prescribed time and the penalty to be levied against the purchaser who fails so to deposit the purchase money;
(e) the form and method of disposal of money by 17 [an Agriculture and Rural Development Bank] under section 135;
(f) the form of sale certificate under section 136;
(g) the procedure for the delivery by the Court of the property purchased to the purchaser under section 136;
(h) the form of the notice referred to in section 143; and
(f) the fee payable or the service of such notices and the manner of serving such notices on, and of the transmitting landlords' fee to, the landlord named in such notices;
(lxix) prescribe the time within which and the procedure according to which property
purchased by 18 [an Agriculture and Rural Development Bank] at a sale of immovable
property under Chapter XI shall be disposed of by the bank;
(lxx) prescribe the procedure to be followed in presenting and disposing of appeals;
19 [(lxxi) prescribe the qualifications and the period of office of members of the Cooperative Appellate Court;]
19 [(lxxi) prescribe the qualifications and the period of office of members of the Cooperative Appellate Court;]
(lxxii) prescribe in the case of appeals lying to the State Government the authority to
which power of hearing appeals may be delegated;
(lxxiii) prescribe the method of communicating or publishing any order, decision or
award required to be communicated or published under this Act or the rules;
(lxxiv) provide that the contravention of any of the rules shall be an offence under the Act;
(lxxiv) provide that the contravention of any of the rules shall be an offence under the Act;
(lxxv) provide for all other matters expressly required or allowed by this Act, to be
prescribed by rules.
(3) The power to make rules conferred by is subject to the condition of the rules being
made after previous publication.
(4) All rules made under this section shall be laid for not less than thirty days before each
House of the State Legislature as soon as possible after they are made, and shall be
subject to such modification as the Legislature may make during the session in which
they are so laid, or the session immediately following.
Footnote:
1. Clause (i) was substituted by Mah. 33 of 1963, s. 32(a).
2. These words were substituted for the words "Registrar" by Mah. 22 of 1991, s. 4.
3. These clauses were inserted by Mah. 20 of 1986, s. 68(a).
4. Clause (v-d) was inserted by Mah. 10 of 1988, s. 32.
5. Clause (xxix) was substituted for the original by Mah. 20 of 1986, 68(b).
6. Clause (xxxii-a) was inserted by Mah. 30 of 1978, s.4.
7. These clause were inserted by Mah. 20 of 1986, s. 68(c).
8. These words were substituted for the words "provide for the appointment, suspension and removal of the members of the Committee" by Man. 33 of 1963, s. 32(b).
9. These words were Inserted by Mah. 33 of 1963, s. 32(c).
10. Clause (xl-a) was Inserted by Mah. 27 of 1969, s. 26.
11. Clause (iii) was substituted by Mah. 3 of 1994, s.46(a).
12. These words were substituted for the words the Registrar and the co-operative Courts" by Mah. 18 of 1982, s. 16.
13. This portion was deemed to have been substituted for the portion beginning with the words "and provided for" and ending with the words "such proceedings" by Mah. 58 of 1977, s. 2 with effect from 21st February, 1974. Section 3 of Mah. 58 of 1977 reads as
follows:--
3 Validation of charging and manner of charging of fees and expenses for determining
disputes, according to the scales laid down in existing rule 86 and orders made
thereunder.
Notwithstanding anything contained in the principal Act or the rules or orders made
thereunder or the orders made under these rules, or any other law for the time being in
force, or in any judgement, decision, decree, award or order of any Court or Tribunal,
rule 86 of the Maharashtra Co-operative Societies Rules, 1961, made or purported to
have been made by the State Government under clause (iii) of sub-section (2) of section
165 of the principal Act with effect from the 1st March, 1975 and the orders made or
purported to have been made form time to time by the Registrar under the said rule shall
be deemed to have been duly and validly made under the authority of the said section as
amended by this Act and shall continue to be in force in the same form, until duly
repealed or amended by the competent authority. And, accordingly, any action taken by
the Registrar in laying down the fees and expenses to be paid to him or the Co-operative
Court for determining the disputes and other proceedings and for making them applicable
also to the disputes and other proceedings pending immediately before the
commencement of the Maharashtra Co-operative Societies (Third Amendment) Act,
1973, and transferred and collected hereafter in the form of court-fees, in cash or in any
other manner, shall be deemed to be valid. The fixing, levying and collection of these
fees and expenses in any disputes or other proceedings shall not be called in question
before any Court or Tribunal merely on the ground that there is no authority for fixing or
levying such fees or expenses or that such fees or expenses were not or are not chargeable
in any pending proceedings or that such fees cannot be levied or collected in the form of
court fee stamps or on such other ground."
14. These words were substituted for the words "Registrar" by Mah. XXII of 1991, s. 3, The Second Schedule.
15. These words and figures were substituted for the words "by the Registrar" by Mah. 33 of 1963, s. 32(d)
16. These words substituted for the words "a land development bank" by Mah. 5 of 1990,s. 18(a).
17. These words were substituted for the words "a land development bank" by Mah. 5 of 1990, s. 18(b).
18. These words were substituted for the words "a land development bank" by Mah. 5 of 1990, s. 18(c).
19. Clause (lxxi) was substituted by Mah. 3 of 1974, s. 46(b).
Section 166 - Repeal, saving and construction
(1) The Bombay Co-operative Societies Act, 1925, in its application to the State of
Maharashtra is hereby repealed:
Provided that, the repeal shall not affect the previous operation of the Act so repealed and anything done or action taken or deemed to have been done or taken (including any; appointment or delegation made, application or other document filed, certificate of registration granted, agreements executed, notification, order, direction or notice issued, regulation, form or by-law framed, rule made or deemed to be made or proceeding instituted before any Registrar, arbitrator, liquidator or tribunal or other officer, authority or person) by or under the provisions of that Act, shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act, and shall continue in force unless and until superseded by anything done or any action taken under the corresponding provisions of this Act, and shall continue in force unless and until superseded by anything done or any action taken under this Act.
Provided that, the repeal shall not affect the previous operation of the Act so repealed and anything done or action taken or deemed to have been done or taken (including any; appointment or delegation made, application or other document filed, certificate of registration granted, agreements executed, notification, order, direction or notice issued, regulation, form or by-law framed, rule made or deemed to be made or proceeding instituted before any Registrar, arbitrator, liquidator or tribunal or other officer, authority or person) by or under the provisions of that Act, shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act, and shall continue in force unless and until superseded by anything done or any action taken under the corresponding provisions of this Act, and shall continue in force unless and until superseded by anything done or any action taken under this Act.
(2) Accordingly, all societies registered or deemed to be registered under the Act repealed
the registration of which is in force at the commencement of this Act, shall on such
commencement be deemed to be registered under this Act; and all proceedings pending
immediately before such commencement before any Registrar, arbitrator, liquidator or
tribunal or other officer, authority or person under the provisions of the repealed Act shall
stand transferred, where necessary, to the Registrar, arbitrator, liquidator or tribunal or
other corresponding officer, authority or person under this Act, and if no such officer,
authority or person exists or if there be a doubt as to the corresponding officer, authority
or person, to such officer, authority or person as the State Government may designate and
shall be continued and disposed of before such officer, authority or person in accordance
with the provisions of this Act.
(3) Any reference to the Act repealed or to any provisions thereof or to any officer,
authority or person entrusted with any functions thereunder, in any law for the time being
in force or in any instrument or document, shall be construed, where necessary, as a
reference to this Act or its relevant provisions or the corresponding officer, authority or
person functioning under this Act and the corresponding officer, authority or person as
the case may be, shall have and exercise the functions under the repealed Act or under the
instrument or document.
Section 167 - Companies Act not to apply
For the removal of doubt, it is hereby declared that the provisions of the Companies Act,
1956, shall not apply to societies registered or deemed to be registered, under this Act.
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