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Section 103: Appointment of Liquidator

The Maharashtra Co-operative Societies Act, 1960State Act of Maharashtra · Act 24 of 1961

(1) When an interim order is passed under the last preceding section or a final order is passed under that section, for the winding-up of a society, the Registrar may, in accordance with the rules, appoint a person to be Liquidator of the society, and fix his remuneration.

(2) On issue of the interim order, the officers of the society shall hand over to the Liquidator the custody and control of all the property, effects and actionable claims to which the society is or appears to be entitled, of all books, records and other documents pertaining to the business of the society and, shall have no access to any of them.

(3) When a final order is passed confirming the interim order, the officers of the society shall vacate their offices, and while the winding-up order remains in force, the general body of the society shall not exercise any powers.

(4) The person appointed under this section as Liquidator shall, subject to the general control of the Registrar, exercise all or any of the powers mentioned in section 105. The Registrar may remove such person and appoint another in his place, without assigning any reason.

(5) The whole of the assets of the society shall on the appointment of Liquidator under this section vest in such Liquidator, and notwithstanding anything contained in any law for the time being in force, if any immovable property is held by a Liquidator on behalf of the society, the title over the land shall 1 See now the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966).

2 These words were substituted for the words “the resource society” by Mah. 27 of 1969, s. 17(c).

3 This word, figures and letter was inserted by Mah. 16 of 2013, s. 65.

4 The words, brackets, letters and figures “clause (a) or sub-clause (iv) of clause (e) of” were deleted by Mah. 33 of 1963, s. 23.

5 These words were inserted by Mah. 34 of 2001, s. 9.

1961 : Mah. XXIV] The Maharashtra Co-operative Societies Act, 1960 87 be complete as soon as the mutation of the name of his office is effected, and no Court shall question the title on the ground of dispossession, want of possession or physical delivery of possession.

(6) In the event of the interim order being vacated, the person appointed as Liquidator shall hand over the property, effects and actionable claims and books, records and other documents of the society to the officers who had delivered the same to him. The acts done, and the proceedings taken by Liquidator, shall be binding on the society, and such proceedings shall, after the interim order has been cancelled under the preceding section, be continued by the officers of the society.

Where this provision sits

ActThe Maharashtra Co-operative Societies Act, 1960
Section103
Marginal noteAppointment of Liquidator
JurisdictionState of Maharashtra
StatusIn force as published by the source

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