7[(1)] The management of every society shall vest in a committee, constituted in accordance with this Act, the rules and by-laws, which shall exercise such powers and perform such duties as may be conferred or imposed respectively by this Act, the rules and the by-laws.
8[(1AB) The members of the committee shall be jointly and severally responsible for all the decisions taken by the committee during its term relating to the business of the society. The members of 1 Section 71A was inserted by Mah. 3 of 1974, s. 12.
2 Section 71A was renumbered as sub-section (1) of that section and sub-sections (2) and (3) were added by Mah. 20 of 1986, s. 26.
3 These words, figures and letter were substituted for the words, figures and letter “under sections 78, 96 or 144-T” by Mah.
16 of 2013, s. 25.
4 Section 71A was renumbered as sub-section (1) of that section and sub-sections (2) and (3) were added by Mah. 20 of 1986, s. 26.
5 This portion was added by Mah. 3 of 1974, s. 13.
6 Section 72A was inserted by Mah. 11 of 2008, s. 16.
7 Section 73 was renumbered as sub-section (1) by Mah. 20 of 1986, s. 27.
8 Sub-section (1AB) was inserted by Mah. 41 of 2000, s. 3.
1961 : Mah. XXIV] The Maharashtra Co-operative Societies Act, 1960 49 the committee shall be jointly and severally responsible for all the acts and omissions detrimental to the interest of the society:
1[* * * * *]
Provided that, before fixing any responsibility mentioned above, the Registrar shall inspect the records of the society and decide as to whether the losses incurred by the society are on account of acts or omissions on the part of the members of the committee or on account of any natural calamities, accident or any circumstances beyond the control of such members :
Provided further that, any member of the committee, who does not agree with any of the resolution or decision of the committee, may express his dissenting opinion which shall be recorded in the proceedings of the meeting and such member shall not be held responsible for the decision embodied in the said resolution or such acts or omissions committed by the committee of that society as per the said resolution. Such dissenting member, if he so desires, may also communicate in writing his dissenting note to the Registrar 2[within fifteen days, from the date of the said resolution or decision or from the date of confirmation of the said resolution or decision]. Any member, who is not present for the meeting in which the business of the society is transacted, and who has not subsequently confirmed the proceeding of that meeting, such member shall also not be held responsible for any of the business transacted in that meeting of the society.]
3[(1A) Notwithstanding anything contained in this Act, the rules made thereunder or in the by-laws of any society or class of societies,—
(a) the first general meeting of a society shall be convened within 4[three months from the date of its registration or reconstruction, as the case may be] to appoint a provisional committee and to transact other business as may be prescribed. The term of the members of such provisional committee shall be for a period of one year from the date on which it has been first appointed or till the date on which a regular committee is duly constituted in accordance with the provisions of the rules or by-laws made under this Act, whichever is earlier ; and all the members of such provisional committee shall vacate office on the date of expiry of such period or such constitution of the committee ;
(b) notwithstanding anything contained in clause (a), the provisional committees for the Co-operative Sugar Factories and Co-operative Spinning Mills and such other class of society, as the State Government may, by special or general order, in the Official Gazette, specify in this behalf, shall be appointed by the State Government ; and the members thereof shall hold office for a period of three years, which period may be extended by one year, at a time, so however that, the total period shall not exceed five years, in the aggregate :
Provided that, the State Government shall have the power to change or reconstitute such committee or, any or all members thereof at its discretion even before the expiry of the period for which a member or members were nominated thereon :
Provided further that, the member or members assuming office on such change or re-constitution of the committee shall hold office for the period for which the provisional committee has been appointed under this clause ;
(c) pending the first constitution of the committee of a society, the provisional committee of the society shall exercise the powers and perform the duties of the committee of such society as provided in this Act, the rules and bye-laws and make necessary arrangements for holding election of the committee, before the expiry of its term.]
1 The portion beginning with the words “Every such member” and ending with the words “of the committee” was deleted by Mah. 16 of 2013, s. 26(a).
2 These words were substituted for the words “within seven days from the date of the said resolution or decision” by Mah.
16 of 2013, s. 26(b).
3 Sub-section (1A) was inserted by Mah. 13 of 1994, s. 5.
4 These words were substituted for the words “three months from the date of its registration” by Mah. 42 of 2023, s. 2.
50 The Maharashtra Co-operative Societies Act, 1960 [1961 : Mah. XXIV 1[* * * * *] 2[* * * * *] 3[73-ID. Motion of no confidence against officers of societies.— 4[(1) An officer who holds office by virtue of his election to that office shall cease to be such officer, if a motion of no-confidence is passed at a meeting of the committee by two-third majority of the total number of committee members who are entitled to vote at the election of such officer and his office shall, thereupon be deemed to be vacant.
(2) The requisition for such special meeting shall be signed by not less than one-third of the total number of members of the committee who are entitled to elect the officer of the committee and shall be delivered to the Registrar. The requisition shall be made in such form and in such manner as may be prescribed :
Provided that, no such requisition for a special meeting shall be made within a period of six months from the date on which any of the officers referred to in sub-section (1) has entered upon his office.]
(3) The Registrar shall, within seven days from the date of receipt of the requisition under subsection (2), convene a special meeting of the committee. The meeting shall be held on a date not later than fifteen days from the date of issue of the notice of the meeting.
(4) The meeting shall be presided over by the Registrar or such officer not below the rank of an Assistant Registrar of Co-operative Societies authorised by him in this behalf. The Registrar or such officer shall, when presiding over such meeting, have the same powers as the President or Chairman when presiding over a committee meeting has, but shall not have the right to vote.
(5) The meeting called under this section shall not, for any reason, be adjourned.
(6) The names of the committee members voting for and against the motion shall be read in the meeting and recorded in the minute book of committee meetings.
(7) If the motion of no-confidence is rejected, no fresh motion of no-confidence shall be brought before the committee within a period of 5[one year] from the date of such rejection of the motion.]