The Maharashtra Cooperative Societies Act 1960

Chapter: II - REGISTRATION

Section 12 to 18C

Section 12 - Classification of societies

(1) The Registrar shall classify all societies into one or other of the classes of societies defined in section 2 and also into such sub-classes thereof as may be prescribed by rules.

(2)The Registrar may, for reasons to be recorded in writing, alter the classification of a society from one class of society to another, or from one subclass thereof to another; and may, in the public interest and subject to such terms and conditions as he may think fit to impose, allow any society so classified to undertake the activities of a society belonging to another class.

(3) A list of all societies so classified shall be published by the Registrar every three years in such manner as the State Government may, from time to time direct.

Section 13 - Amendment of bye-laws of society

(1) No amendment of the by-laws of a society shall be valid until registered under this Act. For the purpose of registration of an amendment of the bye-laws, a copy of the amendment passed, in the manner prescribed, at a general meeting of the society,shall be forwarded to the Registrar. 1 Every application of registration of an amendment of the bye-laws shall 2 [* * *] be disposed of by the Registrar within a period of two months from the date of its receipt.

3 * * *

4 [(1A) Where there is a failure on the part of the Registrar to dispose of such application within the period aforesaid, the Registrar shall,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 himself is the registering officer, to the State Government, who or which, as the case may be,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, to dispose of the application within that period, the amendment of the bye-laws shall be deemed to have been registered.

(1B) No amendment of the bye-laws of a society shall be registered by the Registrar under this section or in the case of the bye-laws which are deemed to have been registered shall have effect, if the amendment is repugnant to the policy directives, if any,issued by the State Government under section 4.]

(2)When the Registrar registers an amendment of the bye-laws of a society 5 [or where an amendment of the bye-laws is deemed to have been registered] he shall issue to the society a copy of the amendment certified by him, which shall be conclusive evidence that the same is duly registered.

(3) Where the Registrar refuses to register 6 [such amendment], of the bye-laws of a society, he shall communicate the order of refusal; together with his reasons therefor, to the society.

Footnote:
1. This portion was added by Mah. 27 of 1969, s. 6.
2. The words "as far as possible," were deleted by Mah.20 of 1986, s. 8(a)(i).
3. The proviso was deleted,by Mah. 20 of 1986, s. 8(a)(ii).
4. Thesesub-sectionswere inserted by Mah. 20 of 1986, s. 8(a)(iii).
5. These words were inserted, by Mah. 20 of 1986, s. 8(a)(a).
6. These words were substituted for the words "the amendment", by Mah. 20 of 1986, s.8(b)(b).

Section 14 - Power to direct amendment of bye-laws

(1) If it appears to the Registrar that an amendment of the bye-laws of a society is necessary or desirable in the interest of such society, he may call upon the society, in the manner prescribed, to make the amendment within such time as he may specify.

(2) If the society fails to make the amendment within the time specified, the Registrar may, after giving the society an opportunity of being heard arid after consulting such State federal society as may be notified by the State Government, register such amendment, and issue to the society a copy of such amendment certified by him. With effect from the date of the registration of the amendment in the manner aforesaid, the bye-laws shall be deemed to have been duly amended accordingly; and the bye-laws as amended shall, subject to appeal (if any), be binding on the society and its members.

Section 15 - Change of name

(1) A society may, by resolution passed at a general meeting and with the approval of the Registrar, change its name; but such change shall not affect any right or obligation of the society, or of any of its members, or past members, or deceased members; and any legal proceedings pending before any persons, authority or court may be continued by or against the society, under its new name.

(2) Where a society changes its name, the Registrar shall enter the new name in its place in the register of societies and shall also amend the certificate of registration accordingly.

Section 16 - Change of liability

(1) Subject to the provisions of this Act and the rules, a society may, by amendment of its bye-laws, change the form or extent of its liability.

(2) When a society has passed a resolution to change the form or extent of its liability, it shall give notice thereof in writing to all its members and creditors and notwithstanding anything in any bye-law or contract to the contrary, any member or creditor shall, during a period of one month from the date of service of such notice upon him, have the option of withdrawing his shares, deposits or loans.

(3) Any member or creditor who does not exercise his option within the period specified in sub-section (2), shall be deemed to have assented to the change.

(4) An amendment of the bye-laws of a society, changing the form or extent of its liability, shall not be registered or take effect until, either--
(a) all members and creditors have assented, or deemed to have assented, thereto as aforesaid; or
(b) all claims of members and creditors who exercise - the option, given by sub section (2), within the period specified therein, have been met in full or otherwise satisfied.

Section 17 - Amalgamation, transfer, division or conversion of societies

(1) A society may, with the previous approval of the Registrar, by resolution passed by two-thirds majority of the members present and voting at a special general meeting held for the purpose, decide--
(a) to amalgamate with another society;
(b) be transfer its assets and liabilities, in whole or in part, to any other society;
(c) to divide itself into two or more societies; or
(d) to convert itself into another class of society:

Provided that, when such amalgamation, transfer, division or conversion, aforesaid, involves a transfer of the liabilities of a society to any other society, no order on the resolution shall be passed by the Registrar, unless he is satisfied that--
(i) the society, after passing such resolution, has given notice thereof in such manner as may be prescribed to all its members, creditors and other persons, whose interests are likely to be affected (hereinafter in this section referred to as "other interested persons"), giving them the option, to be exercised within one month from the date of such notice, of becoming members of any of the new societies, or continuing their membership in the amalgamated or converted society, or demanding payment of their share or interest or dues, as the case may be,
(ii) all the members and creditors and other interested persons, have assented to the decision, or deemed to have assented thereto by virtue of any member or creditor or any other interested person failing to exercise his option within the period specified in clause (i) aforesaid, and
(iii) all claims of members and creditors and other interested persons, who exercise the opinion within the period specified, have been met in full or otherwise satisfied.

(2) Notwithstanding anything contained in the Transfer of Property Act, 1982, or the Indian Registration Act, 1908, in the event of division or conversion, the registration of the new societies or, as the case may be, of the converted society, and in the event of amalgamation, on the amalgamation the resolution of the societies concerned with amalgamation, shall in each case be sufficient conveyance to vest the assets and liabilities of the original society or amalgamating societies in the new societies or converted or amalgamated society, as the case may be.

(3) The amalgamation of societies, or division or conversion of a society shall not affect any rights or obligation of the societies so amalgamated, or society so divided or converted, or render defective any legal proceedings which might have been continued or commenced by or against the societies which have been amalgamated, or divided or converted; and accordingly, such legal proceedings may be continued or commenced by or against the amalgamated society, or, as the case may be, the converted society, or the new societies.

(4) Where two or more societies have been amalgamated, or a society has been divided or converted, the registration of such societies or society shall be cancelled on the date of registration of the amalgamated society, or the converted society, or the new societies between which the society may have been divided.

Section 18 - Power to direct amalgamation, division and reorganisation in public interest, etc.

(1) Where the Registrar is satisfied that it is essential in the public interest or in the interest of the co-operative movement, or for the purpose of securing the proper management of any society,that two or more societies should amalgamate or any society should be divided to form two or more societies or should be reorganised then not with standing anything contained in the last preceding section but subject to the provisions of this section, the Registrar may, after consulting such federal society as may be notified by the State Government by order notified in the Official Gazette, provide for the amalgamation, division or reorganisation, of those societies into a single society, or into societies with such constitution, property rights, interests and authorities, and such liabilities, duties and obligations, as may be specified in the order.

(2) No order shall be made under this section, unless--
(a)a copy of the proposed order has been sent in draft to the society or each of the societies concerned.
(b)the Register has considered and made such modifications in the draft order as may seem to him desirable in the light of any suggestions and objections which may be received by him within such period (not being less than two months from the date on which the copy of the order as aforesaid was received by the society) as the Registrar may fix in that behalf, either from the society or from any member or class of members thereof, or from any creditor or class of creditors.

(3) The order referred to in sub-section (1) may contain such incidental, consequential and supplemental provisions as may, in the opinion of the Registrar, be necessary to give effect to the amalgamation, the division or reorganisation.

(4) Every member or creditor of 1 [or other person inserted in] each of the societies to be amalgamated, divided or re organised who has objected to the scheme of amalgamation, division or re organisation, within the period specified,shall be entitled to receive, on the issue of the order of amalgamation, division or reorganisation his share or interest if he be a member and the amount in satisfaction of his due if he be a creditor.

(5) On the issue of an order under sub-section (1), the provisions in sub-sections (2), (3) and (4) of section 17 shall apply to the societies so amalgamated, divided or reorganised as if they were amalgamated, divided or reorganised under that section, and to the society amalgamated, divided or reorganised.

2 (6) Nothing contained in this section shall apply for the amalgamation of 3 [two or more co-operative banks or two or more primary agricultural credit societies.]

Footnote:
1. These words were inserted by Mah. 20 of 1986, s. 9.
2. Sub-section (6) was added by Mah. 5 of 1976, s. 2.
3. These words were substituted for the words "two or more co-operative banks" by Mah.4 of 1977, s. 2.

1 Section 18A - Amalgamation of co-operative banks

(1) Where the Registrar is satisfied that it is essential in the public interest, or in order to secure the proper management of one or more co-operative banks that two or more such banks should be amalgamated, then notwithstanding any thing contained in section 17, the Registrar may, after consulting such federal society or other authority as may be notified by the State Government in the Official Gazette, by order provide for the amalgamation of those banks in to a single bank, with such constitution, property, rights, interests and authorities, and such liabilities, duties, and obligations as may be specified in the order.Such order may provide for the reduction of the interest or rights which the members, depositors, creditors,employees and other persons may have in or against any bank to be amalgamated to such extent as the Registrar considers necessary in the interest of such persons for the maintenance of the business of that bank having due regard to the proportion of the assets of such bank to its liabilities. Such order may also contain such incidental, consequential and supplemental provisions as may, in the opinion of the Registrar, be necessary to give effect to the amalgamation of the banks.

(2) No order shall be made under sub-section (1), unless--
(a)a copy of the proposed order has been sent in draft to each of the banks concerned;
(b)the Registrar has considered and made such modifications in the draft order as may seem to him desirable in the light of any suggestions or objections which may be received by him within such period (not being less than two months from the date on which the copy of the proposed order was received by the banks) as the Registrar may fix in that behalf, either from the banks or any members, depositors, creditors,employees or other persons concerned.

(3) On the issue of an order under sub-section (1), notwithstanding anything contained in this Actor in any law for the time being in force or in any contract, award or other instruments for the time being in force, the provisions thereof, shall be binding on all banks and their members, depositors, creditors,employees and other persons having any rights, assets, or liabilities in relation to all or any of the banks concerned.

(4) Notwithstanding anything contained in the Transfer of Property Act, 1882 or the Registration Act,1908, the order issued under sub-section (1) shall be sufficient conveyance for transfer or vesting the rights, assets and liabilities of the banks concerned as provided in the order.

(5) The amalgamation of banks under this section shall not affect any rights or obligations of the banks so amalgamated or render defective any legal proceedings, which might have been continued or commenced by or against any such banks; and accordingly, such legal proceedings may be continued or commenced by or against the amalgamated bank.

(6) Where two or more banks have been amalgamated,the registration of the bank in which the other banks are amalgamated may be continued and the registration of the other banks may be cancelled, or where the amalgamated bank is newly registered, the registration of all the amalgamating banks shall be canceled.

(7) Any order made by the Registrar under this section shall be final and conclusive, and shall not be called in question in any Court.

Footnote:
1. Section 18A was inserted by Mah. 5 of 1976, s. 3.

1 Section 18B - Amalgamation of primary agricultural credit societies

(1) Where the Registrar is satisfied that it is essential--
(a)for ensuring economic viability of one or more primary agricultural credits societies;
(b) for avoiding overlapping or conflict of jurisdictions of such societies in any area;
(c) in order to secure the proper management of one or more such societies;
(d) in the interest of the credit structure or co-operative movement in the State aswhole;
(e) in the interest of the depositors; or
(f) for any other reason in the public interest,

that two or more primary agricultural credit societies should be amalgamated, then not with standing anything contained in section 17, the Registrar may, after consulting such federal society or other authority as may be notified by the State Government in this behalf, by order published in the Official Gazette, provide for the amalgamation of those societies into a single society. The constitution, property, rights, interests and authorities and the liabilities, duties and obligations of the amalgamated society shall be such as may be specified in the order. Such order may provide for the reduction of the interest or rights which the members,depositors, creditors, employees and other persons may have in, or against, any society to be amalgamated to such extent as the Registrar considers necessary in the interest of such persons for the maintenance of the business of that society, having due regard to the proportion of the assets of such society, to its liabilities. Such order may also contain such incidental, consequential and supplemental provisions as may, in the opinion of the Registrar, be necessary to give effect to the amalgamation of the societies.

(2) No order shall be made under sub-section (1), unless--
(a)a copy of the proposed order has been sent in draft to each of the banks concerned;
(b)the Registrar has considered and made such modifications in the draft order as may seem to him desirable in the light of any suggestions or objections which may be received by him within such period (not being less than two months from the date on which the copy of the proposed order was received by the banks) as the Registrar may fix in that behalf, either from the banks or any members, depositors, creditors,employees or other persons concerned.

(3) On the issue of an order under sub-section (1), notwithstanding anything contained in this Actor in any law for the time being in force or in any contract, award or other instruments for the time being in force, the provisions thereof, shall be binding on all banks and their members, depositors, creditors,employees and other persons having any rights, assets, or liabilities in relation to all or any of the banks concerned.

(4) Notwithstanding anything contained in the Transfer of Property Act, 1882 or the Registration Act,1908, the order issued under sub-section (1) shall be sufficient conveyance for transfer or vesting the rights, assets and liabilities of the banks concerned as provided in the order.

(5) The amalgamation of banks under this section shall not affect any rights or obligations of the banks so amalgamated or render defective any legal proceedings, which might have been continued or commenced by or against any such banks; and accordingly, such legal proceedings may be continued or commenced by or against the amalgamated bank.

(6) Where two or more banks have been amalgamated,the registration of the bank in which the other banks are amalgamated may be continued and the registration of the other banks may be cancelled, or where the amalgamated bank is newly registered, the registration of all the amalgamating banks shall be canceled.

(7) Any order made by the Registrar under this section shall be final and conclusive, and shall not be called in question in any Court.

Footnote:
1. Section 18B was inserted by Mah. 4 of 1977, s. 3.

1 Section 18C - Reorganisation of societies on account of alteration of limits of local areas in which they operate

(1)Where the area of operation of any society or societies is restricted to any district, taluka, municipal area or any other local area and such area is divided into two or more areas, or merged in any other area, or is diminished or increased or otherwise altered, under any law for the time being in force and the State Government is satisfied that in the public interest, or in the interest of the co-operative movement, or in the interest of the society or societies, or for the purpose of proper demarcation of area of operation for the societies in each area, it is essential to reorganise any such society or societies, the State Government may by an order, published in the Official Gazette, and in such other manner as it deems fit, provide for division of any existing society into two or more societies, amalgamation of two or more existing societies into one society, dissolution of any existing society or reconstitution of any existing society, affected by the territorial changes.

(2)An order made under sub-section (1) may provide for all on any of the following matters, namely:--
(a)the division of an existing society into two or more societies and the area of operation of each society;

(b) the amalgamation of two or more existing societies into one society and the area of its operation;

(c)the dissolution of any existing society;

(d)the reorganisation of any existing society and the area of its operation;

(e) the removal of the committee of any existing society and the appointment of an administrator or an interim committee of management, to manage the affairs of the existing society or of the new society or societies, under the control and direction of the State Government, for a period not exceeding two years, as maybe specified in the order or until the successor committee of the concerned society is duly constituted, whichever is earlier:
2 [Provided that the period of two years may be extended by the State Government from time to time, so however that the total period does not exceed three years in the aggregate;]
3 [Provided further that, it shall be competent for the State Government to alter and appoint, from time to time, during the said period or extended period and for any reason whatsoever, any other Administrator or an interim committee of management or any or all the members of such committee, as it deems fit,notwithstanding that the term of extended term of office of the Administrator or an interim committee of management or of any or all the members of such committee has not expired.]

(f) in the case of an existing federal society, the transfer of any of its member societies a members of another federal society named in the order;

(g) the transfer, in whole or in part, of the assets, rights and liabilities of any,existing society, including the rights and liabilities under any contract made by it to one or more societies and the terms and conditions of such transfer;

(h) the substitution of any such transferee for the existing society, or the addition of any such transferee, as a party to any legal proceeding or any proceeding pending before an officer or authority, to which the existing society is a parry; and the transfer of any proceedings pending before the existing society or its officer or authority to any such transferee or its officer or authority;

(i)the transfer or re-employments of any employees of the existing society to, or by, such transferee and the terms and conditions of service applicable to such employees after such transfer or re-employment:
Provided that, the terms and conditions of any such employee shall not be made less favourable than those applicable to him while in the service of the existing society, except with the previous approval of the State Government;

(j)the application of the by-laws of the existing society to one or more societies without any modifications or with such modifications as may be specified in the order;

(k) all incidental, consequential and supplementary matters as may be necessary or expedient to give effect to the order made under this section.

(3) Notwithstanding anything contained in the Transfer of Property Act, 1882, or the Registration Act,1908, the order issued under this section shall be sufficient conveyance for transfer of the assets, rights and liabilities of the existing society as provided in the order.

(4) Any order made by the State Government under this section shall be final and conclusive and shall not be called in question in any court.

(5) Except as otherwise provided by this section or by any order issued thereunder, the provisions of this Act and the rules and orders issued thereunder,shall in all other respects apply to the existing societies and the new or reorganised societies formed under this section.

Footnote:
1. Section 18C was inserted by Mah. 7 of 1982, s. 2.
2. This provison was added by Mah. 9 of 1985, s. 2.
3. This provison was inserted by Mah. 10 of 1988, s. 3.

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