The Maharashtra Cooperative Societies Act 1960

(1) Notwithstanding ¹ [anything contained] in any other law for the time being in force, any dispute touching the constitution, ² [elections of the committee or its officers other than elections of committees of the specified societies including its officer], conduct of general meetings, management or business of a society shall be referred by any of the parties to the dispute, or by a federal society to which the society is affiliated or by a creditor of the society, ³ [to the co-operative Court) if both the parties thereto are one or other of the following:--

(3) Save as other wise provided under ¹² [sub-section (2) to section 93 ], no Court shall have jurisdiction to entertain any suit or other proceedings in respect of any dispute referred to in sub-section (1).

(1) The State Government may, by notification in the Official Gazette, constitute one or more Co-operative Courts for the adjudication of dispute ² [referred to them] under section 91 or section 105 or other provisions of this Act.

(2) A Co-operative Court shall consist of one member appointed by the State Government possessing such qualifications as may be prescribed.

(3) A Co-operative Court shall have jurisdiction over the whole State or any part thereof as may be specified in the notification under sub-section (1).

(4) All disputes and other proceedings pending immediately before the commencement of the Maharashtra Co-operative Societies (Third Amendment) Act, 1973, ³ [before the Registrar or any person to whom the powers of the Registrar under this Act or the rules made thereunder have been delegated or] before any nominee or board of nominees appointed by the Registrar, shall be transferred by him, by general or special order, to any Co-operative Court specified by him in that behalf and shall be heard and disposed of by that Court as if they had been originally filed before it. That Court may proceed to hear and dispose of such proceedings from the stage reached before such transfer or may commence the hearing denovo].

⁴ (5) All disputes and other proceedings pending, immediately before the commencement of the Maharashtra Co-operative Societies, (Amendment and Validation) Act, 1982, before the Registrar or any person to whom the powers of the Registrar under this Act or the rules made thereunder have been delegated shall be transferred by him, by general or special order, to any Co-operative Court specified by him and shall be heard and disposed of by that Court as if they had been originally filed before it. That Court may proceed to hear and dispose of such proceeding from the stage reached before such transfer or may commence the hearing denovo

(1) Notwithstanding anything in ¹ [the Limitation Act, 1963], but subject to the specific provisions made in this Act, the period of limitation in the case of a dispute referred to ² [the Co-operative Court] under the last preceding section shall--

(2) The period of limitation in the case of any other dispute except those mentioned in the foregoing sub-section which are required to be referred to ⁶ [the Co-operative Court] under the last preceding section shall be regulated by the provisions of ⁷ [the Limitation Act, 1963], as if the dispute were a suit and ² [the Co-operative Court] a Civil Court.

(3) Notwithstanding anything contained in sub sections ( 1) and{ 2), ⁸ [the Co-operative Court] may admit a dispute after the expiry of the limitation period if the Applicant satisfied ² [the Co-operative Court] that he had sufficient cause for not referring the dispute within such period and the dispute so admitted shall be a dispute which shall not be barred on the ground that the period of limitation had expired.

(1) Where any dispute is referred to any Co-operative Court, the President of the Cooperative Appellate Court may, at any time, for reason to be recorded in writing, withdraw such dispute from that Court and may refer it for decision to any other C ooperative Court as he deems fit.

(2) Notwithstanding anything contained in this Act, the Co-operative Court, on an application made to it by any of the parties to the dispute, may, if it thinks fit suspend any proceedings in respect of any dispute, if the question at issue between a society and a claimant or between different claimants, is one involving complicated questions of law and fact, until the question has been tried by a regular suit instituted by one of the parties or by the society. If any such suit is not instituted in a Civil Court within two months from the date of the order of the Co-operative Court, shall continue the proceedings and decide the dispute

(1) ² [The Co-operative Court], hearing a dispute under the last preceding section shall hear the dispute in the manner prescribed, and shall have power to summon and enforce attendance of witnesses including the parties interested or any of them and to compel them to give evidence on oath, affirmation or affidavit, and to compel the production of documents by the same means and as far as possible in the same manner, as is provided in the case of a Civil Court by the code of Civil procedure, 1908.

³ [(1A) Save as otherwise provided in this Act, every dispute in relation to any election shall be heard and decided by the Co-operative Court as expeditiously as possible and endeavour shall be made to conclude the hearing and decision within six months from the date on which the dispute is filed before it.]

(2) Except with the permission of ⁴ [the Co-operative Court] no party shall be represented at the hearing of a dispute by a legal practitioner.

(3) (a) If ⁵ [the Co-operative Court] is satisfied that a person whether he be a member of the society or not has acquired any interest in the property of a person who is a party to a dispute ⁶ [it may order], that the person who has acquired the interest in the property may join as a party to the dispute; and any decision that maybe passed on the reference by ⁵ [the Co-operative Court]shall be binding on the party so joined, in the same manner as if he were an original party to the dispute.

(b)Where a dispute has been instituted in the name of the wrong person, or where all the defendants have not been included, ⁵ [the Co-operative Court] may, at any stage of the hearing of the dispute, if satisfied that the mistake was bonafide order any other person to be substituted or added as a plaintiff or a defendant, upon such terms as ⁷ [it thinks just.]

(c) ⁸ [The Co-operative Court may,] at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to ⁹ [the Co-operative Court], to be just,order that the name of any party improperly joined whether as plain tiff or defendant, be struck out, and the name of any person who ought to have been joined whether as plaintiff or defendant or whose presence before ⁹ [the Co-operative Court], may be necessary in order ¹⁰ [to enable the Co-operative Court] effectually and completely to adjudicate upon and settle all the questions involved in the dispute, be added.

(d) Any person who is a party to the dispute and entitled to more than one relief in respect of the same cause of action may claim all or any of such reliefs; but if he omits to claim for all such reliefs he shall not forward a claim for any relief so omitted,except with the leave of ¹¹ [the Co-operative Court].

¹² (3A) In any case in which a dispute is decided by the Co-operative Court ex-parte against any person, he may apply to the Court, within thirty days from the date of the decision, to set it aside. If he satisfies the Court that there was sufficient cause for his failure to appear when the dispute was called and heard, the Court shall make an order setting aside the decision as against him,upon such terms as to costs, payment into Court or otherwise, as it thinks fit, and appoint a day for hearing and deciding the dispute so far as it relates to him.

¹³ (4) Save as otherwise directed by the State Government in any case or class of cases, every dispute shall be decided in such summary manner as may be prescribed and as expeditiously as possible.

(1) Where a dispute has been referred to the Co-operative Court under section 93 or 105 or whether the Registrar or the person authorised under section 88 (hereinafter in this section referred to as "the authorised person") hears a person against whom charges are framed under that section and the Co-operative Court or the Registrar or the authorised person, as the case may be, is satisfied on inquiry or other wise that a party to such dispute or the person against whom proceedings are pending under section 88, with intent, to defeat, delay or obstruct the execution of any award or the carrying out of any order that may be made,--

the Court or the Registrar or the authorised person, as the case may be, may, unless adequate security is furnished, direct conditional attachment of the said property, and such attachment shall have the same effect as if made by a competent Civil Court.

(2) Where attachment of property is directed under sub -section (1), the Co-operative Court or the Registrar or the authorised person, as the case may be, shall issue a notice calling upon the person whose property is so attached to furnish security as it or he thinks adequate within a specified period. If the person fails to provide the security so demanded, the authority issuing the notice may confirm the order and, after the decision in the dispute or the completion of the proceedings under section 88, may direct the disposal of the property so attached towards the claim if awarded.

(3) Attachment under this section shall not affect the rights subsisting prior to the attachment of the property, of persons not parties to the proceedings in connection with which the attachment is made, or bar any person holding a decree against the person whose property is attached from applying for the sale of the property under attachment in execution of such decree.

(4) The Co-operative Court, the Registrar or the authorised person, as the case may be, may in order to prevent the ends of justice being defeated make such interlocutory orders pending the decision in a dispute referred to in sub-section (1) as may appear to be just and convenient.

When a dispute is referred to artibration, the Co-operative Court may, after giving a reasonable opportunity to the parties to the dispute to be heard, made an award on the dispute, on the expenses incurred by the parties to the dispute in connection with the proceedings, and fees and expenses payable to the Co-operative Court. In case of money claim preferred by society against a member, the amount of award representing the interest shall not be less than the amount of interest accrued there on in accordance with the contractual rate of interest, but where such money claim relates to any loan referred to in section 44A, the provisions of that section shall apply to such money claim as they apply to loan under section 44A.

Any party aggrieved by any decision of ² [the Co-operative Court] under the last preceeding section, or order passed ³ [by the Co-operative Court or the Registrar or the authorised person] under section 95 may, within two months from the date of the decision or order, appeal to ⁴ [the Co-operative Appellate Court.]

Every order passed ¹ [by the Official Assignee of a de-registered society under sub-section (3) of section 21A or every order passed] by the Registrar or a person authorised by him under section 88 or by the Registrar ² [or the Co-operative Court under section 95 ³ [or by the Co-operative Court under section 96 ], every order passed] in appeal under the last preceeding section every order passed by a Liquidator under section 105, every order passed by the State Government in appeal against orders passed under section 105 and every order passed in revision under section 154 shall, if not carried out,--

Provided that, any application for the recovery in such manner of any such sum shall be made by the Collector, and shall be accompanied by a certificate signed by the Registrar. ⁶ [* * * * *] Such application shall be made within twelve years from the date fixed in the order and if no such date is fixed, from the date of the order.

Any private transfer or delivery of, or encumbrance or charge on, property made or created after the issue of the certificate of the Registrar, ¹ [Co-operative Court], Liquidator or Assistant/Registrar, as the case may be, under section 98 shall be null and void as against the society on whose application the said certificate was issued.

(1) When in any execution of an ord er sought to be executed under section 98, ¹ [or the recovery of any amount under section 101 or section 137], any property cannot be sold for want of buyers, if such property is in occupancy of the defaulter, or of some person in his behalf, or of some person claiming under a title created by the defaulter subsequently to the issue of the certificate of the Registrar, ² [Court], Liquidator or the Assistant Registrar, under clause (a) or (b) of section 98, ³ [or under section 101 or 137], the Court or the Collector or the Registrar, as the case may be, may, notwithstanding anything contained in any law for the time being in force, direct that the said property or any portion thereof shall be transferred to the society which has applied for the execution of the said order, in the manner prescribed.

(2) Where property is transferred to the society under the foregoing sub-section or where property is sold under section 98 ³ [101 or 137], the Court, the Collector, or the Registrar, as the case may be, may, in accordance with the rules, place the society or the purchaser, as the case may be, in possession of the property transferred or sold.

(3) Subject to such rules as may be made in this behalf, and to any rights encumbrances, charges or equities lawfully subsisting in favour of any person, such property or portion thereof shall be held under sub-section (1) by the said society on such terms and conditions as may be agreed upon between the Court, the Collector or the Registrar, as the case may be, and the said society. Subject to the general or special orders of the State Government, the Collector or the Registrar may delegate to an officer, not below the rank of an Assistant or the Deputy Registrar under this section.

² [(1) Notwithstanding anything contained in sections 91, 93 and 98, on an application made by a resource society undertaking the financing of crop and seasonal finance as defined under the Bombay Agricultural Debtors Relief Act, 1947, ³ [or advancing loans for other agricultural purposes repayable during a period of not less than eighteen months and not more than five years] for the recovery of arrears of any sum advanced by it to any of its members on account of the financing of crop or seasonal finance ⁴ [or for other agricultural purposes as aforesaid] or by a crop-protection society for the recovery of the arrears of the initial cost or of any contribution for obtaining services required for crop protection society or for the recovery of the arrears of the initial cost or of any contribution for obtaining services required for crop protection which may be due from its members, or other owners of lands included in the proposal (who may have refused to become members) or by a lift irrigation society for the recovery of arrears of any subscription due from its members for obtaining services required for providing water supply to them, ⁵ [or by a Taluka or Block level village artisans multipurpose society advancing loans and arranging for cash credit facilities for artisans for the recovery of arrears of its dues,] ⁶ [or by a co-operative housing society for the recovery of arrears of its dues, or by a co-operative dairy society advancing loans for the recovery of arrears of any, sum advanced by it to any of its members or by an urban co-operative bank for the recovery of arrears of its dues, or by salary-earners co-operative society for the recovery of arrears of its dues, or by a fisheries co-operative society for the recovery of arrears of its dues,] ⁷ [or by any such society or class of societies, as the state Government may from time to time, notify in the official Gazette, for the recovery of any sum advanced to, or any subscription or any other amount due from, the members of the society or class of societies so not notified;] and on the society concerned furnishing a statement of accounts in respect of the arrears, the Registrar may, after making such inquiries as he deems fit, grant a certificate for the recovery of the amount stated therein to be due as arrears.]

⁸ [Explanation.-- For the purposes of this sub-section, the expression "other agricultural purposes" includes dairy, pisciculture and poultry.]

(2) Where the Registrar is satisfied that ⁹ [the concerned society has failed to take action under the foregoing sub-section in respect of any amount due as arrears,] the Registrar may, of his motion, after making such inquiries as he deems fit, grant a certificate for the recovery of the amount stated therein to be due as arrears and such a certificate shall be deemed to have been issued as if on an application made by the society concerned.

(3) A certificate granted by the Registrar under sub-section (1) or (2) shall be final and a conclusive proof of the arrears stated to be due therein, and the same shall be recoverable according to the law for the time being in force for the recovery of land revenue.

(4) It shall be lawful for the Collector and the Registrar to take precautionary measures authorised by sections 140 to 144 of the ¹⁰ Bombay Land Revenue Code, 1879 or any law or provision corresponding thereto for the time being in force, until the arrears due to ¹¹ [the concerned society], together with interest and any incidental charges incurred in the recovery of such arrears, are paid, or security for payment of such arrears is furnished to the satisfaction of the Registrar.