CourtMesh

Section 114: Issue of debentures

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

(1) With the previous sanction of the State Government and the Trustee, and subject to such terms and conditions as the State Government may impose, the 1[State Co-operative Agriculture and Rural Multipurpose Development Bank] in the discharge of its function as 2[a Co-operative Agriculture and Rural Multipurpose Development Bank] may issue debentures of such denominations, for such period, and at such rates of interest, as it may deem expedient on the security of mortgages 3[instruments of hypothecation, guarantee, pledge or charge created in favour of the Bank, or mortgages, instruments of hypothecation, guarantee, pledge or charge to be acquired or partly on mortgages or on any of the aforesaid instruments] held and partly to be acquired, and properties and other assets of the 4[State Co-operative Agriculture and Rural Multipurpose Development Bank.]

(2) Every debenture may contain a term fixing a period not exceeding thirty years from the date of issue during which it shall be redeemable, or reserving to the committee the right to redeem at any time in advance of the date fixed for debenture not less than three months’ notice in writing.

(3) The total amount due on debentures issued by the 5[State Co-operative Agriculture and Rural Multipurpose Development Bank] and outstanding at any time, shall not exceed—

(a) where debentures are issued against mortgages 6[, instruments of hypothecation, guarantee, pledge or charge] held, the aggregate of—

(i) the amounts due on the mortgages 7[and any or all of the aforesaid instruments] ;

(ii) the value of the properties and other assets transferred or deemed to have been transferred under section 121 by the 8[District Co-operative Agriculture and Rural Multipurpose Development Banks] to the 9[State Co-operative Agriculture and Rural Multipurpose Development Bank] and subsisting at such time ; and

(iii) the amounts paid under the mortgages 10[and the other instruments] aforesaid and the unsecured amounts remaining in the hands of the 11[State Co-operative Agriculture and Rural Multipurpose Development Bank] or the Trustee at the time ;

(b) where debentures are issued otherwise than on mortgages 12[of the instruments aforesaid] held, the total amount as calculated under clause (a) increased by such portion of the amount obtained on the debentures as is not covered by a mortgage, 13[instruments of hypothecation, guarantee, pledge or charge.]

Where this provision sits

ActThe Maharashtra Co-operative Societies Act, 1960
Section114
Marginal noteIssue of debentures
JurisdictionState of Maharashtra
StatusIn force as published by the source

Find the provision, not just read it

The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:

  • Search 49,000+ Central and State enactments by what a provision says, not by its number
  • Jump from any section to every judgment that has applied it
  • Search 300 million+ Indian court records alongside the statute
  • Ask a research agent to find and read the case law on a provision for you

Free account. No card. About a minute to create.

Create a free account

Need this as data, not as a page? The Maharashtra Co-operative Societies Act, 1960 is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.