(1) In this section and in sections 73C, 73D and 73E, ‘a designated Officer’ means the Chairman and the President, and includes any other Officer of the society as may be declared by the State Government, by notification in the Official Gazette, to be a designated Officer, but does not include any officer appointed or nominated by the State Government or by the Registrar.
(2) No person shall, at the same time, be or continue to be, a designated officer of more than one society falling in Category I or Category II or Category III of the categories mentioned below ; and shall not be or continue to be designated officer in more than two societies in the aggregate in the three categories :— Category I.— Societies, the area of operation of which does not extend to the whole of the State.
9[Category II.— Societies, the area of operation of which does not extend to the whole of the State,— 1 Sub-sections (2) and (3) were deleted by Mah. 16 of 2013, s. 26(b).
2 Sections 73-IA (which was inserted by 45 of 1983, s. 3), 73-IB and 73-IC (which were inserted by Mah. 20 of 1986, s. 28) were deleted by Mah. 16 of 2013, s. 27.
3 Section 73-IB to 73-ID were inserted by Mah. 20 of 1986, s. 28.
4 Sub-sections (1) and (2) were substituted by Mah. 16 of 2013, s. 28.
5 These words were substituted for the words “six months” by Mah. 7 of 1997, s. 6(c).
6 Sections 73A to 73G were inserted by Mah. 27 of 1969, s. 12.
7 These words were substituted for the word “specified” by Mah. 20 of 1986, s. 29(f).
8 The words “or for being designated officer of the same society for more than ten years” were deleted by Mah. 30 of 2007, s. 2(b).
9 Categories II and III were substituted for the original Categories II and III by Mah. 27 of 1996, s. 2.
1961 : Mah. XXIV] The Maharashtra Co-operative Societies Act, 1960 51
(a) but extends to at least one whole district irrespective of their authorised share capital; or
(b) but extends to areas comprised in part or parts in one or more districts and the authorised share capital of which is more than Rs. 10 Lakhs.
Category III.— Societies, the area of operation of which does not extend to one whole district but extends at least to one whole taluka, or the authorised share capital of which is not more than Rs.10 Lakhs but is not less than Rs. 5 Lakhs.]
1[Explanation.— For the purposes of this sub-section, the expression “society” shall not include a society with no share capital and a society not engaged in commercial activities.]
2[(2A) If any question arises whether or not a society falls under any of the categories referred to in sub-section (2), such question shall be referred to and decided by the Registrar, and his decision shall be final.]
3[* * * * * * *]
(4) If any person becomes, at the same time, 4[* * * * *] a designated officer of societies in excess of the number prescribed under sub-section (2), unless he resigns his office in the society or societies in excess of the said number within a period of 5[ten days] from the date on which he is 6[elected, co-opted or nominated] a designated officer of more than the permissible number of society or societies, or if the 7[elections, co-options or nominations] are held or made simultaneously, from the date on which the result of last of such elections or appointments is declared, he shall, at the expiration of the said period of 8[ten days], cease to be a designated officer of all such societies, 9[and thereupon, notwithstanding anything contained in any provision of this Act, a person so resigning or ceasing to be a designated officer of any or all such societies shall not be eligible for being 10[re-elected, re-co-opted or re-nominated as a designated officer of such society or societies during the remainder of the term of office for which he was so elected or appointed; and at no point of time such person shall be a designated officer of societies in excess of the number prescribed under sub-section (2).]
11[* * *] 12[* * *] 13[(7) Where a person is elected, co-opted or nominated as a member of committee of any society by virtue of his holding office under the Central Government or the State Government or in any local authority or in any body corporate or in any organisation, he shall cease to be such member on the date on which he ceases to hold such office.
(8) No member of a society, who is nominated to represent it on any other society, shall be eligible for being elected, co-opted or nominated as a designated officer of the other society, unless the other society is its federal society.
(9) In the case of such class or classes of societies as may be specified by the State Government, by notification in the Official Gazette, no member shall be eligible for being elected, co-opted or nominated as a designated officer, if he 14[* * *] does not fulfill the minimum qualification relating to his monetary transactions with the society as may be laid down, in such notification.]
1 This Explanation was inserted by Mah. 20 of 1986, s. 29(a).
2 Sub-section (2A) was inserted by Mah. 3 of 1974, s. 14.
3 Sub-section (3) was deleted by Mah. 20 of 1986, s. 29(b).
4 The words “after the commencement of the said Act” were deleted by Mah. 20 of 1986, s. 29(c).
5 These words were substituted for the words “ninety days” by Mah. 10 of 1988, s. 11(a).
6 These words were substituted for the words “elected or appointed” by Mah. 16 of 2013, s. 29(b)(i).
7 These words were substituted for the words “election or appointments” by Mah. 16 of 2013, s. 29(b)(ii).
8 These words were substituted for the words “ninety days” by Mah. 10 of 1988, s. 11(a).
9 This portion was inserted by Mah. 10 of 1988, s. 11(b).
10 These words were substituted for the words “re-elected or re-appointed” by Mah. 16 of 2013, s. 29(b)(iii).
11 Sub-section (5) was deleted by Mah. 30 of 2007, s. 2(9).
12 Sub-section (6) was deleted by Mah. 16 of 2013, s. 29(c).
13 Sub-sections (7), (8) and (9) were inserted by Mah. 16 of 2013, s. 29(d).
14 These words were deleted by Mah. 28 of 2022, s. 6.
52 The Maharashtra Co-operative Societies Act, 1960 [1961 : Mah. XXIV 1[73AAA. Constitution of committee.— (1) The Committee shall consist of such number of members as may be provided in the by-laws :
Provided that, the maximum number of members of the committee shall not exceed twenty-one:
2[Provided further that, in case of an apex society and, in exceptional circumstances, in case of any other society, the Registrar may increase the number of members of the committee upto twenty-five with the prior approval of the State Government:]
3[Provided also that], the provisions of the Banking Regulation Act, 1949 (10 of 1949), shall apply to all the societies carrying the business of banking.
(2) The committee may co-opt “expert directors” relating to the objects and activities undertaken by the society:
Provided that, the number of expert directors shall not exceed two, which shall be in addition to the maximum number of members of the committee as specified in the first proviso of sub-section (1) :
4[Provided further that, the Committee may nominate one person as a functional director:
Provided also that, in the case of such societies or class of societies, as the State Government may by general or special order notify, where the number of permanent salaried employees of the society is twenty five or more, the committee shall include,—
(i) where the committee consists of not more than eleven members, one representative of the employees of the society ; and
(ii) where the committee consists of more that eleven members and not more than twenty-one members, two representatives of the employees of the society.
Such representatives of the employees shall be selected by the union or unions recognised under the Maharashtra Industrial Relations Act (XI of 1947), or the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (Mah. I of 1972), from amongst the employees of the society. Where there is no such recognised union or unions or where there is no union at all or where there is a dispute in relation to such issues including whether a union is recognised or not, then such representatives of the employees shall be elected by the employees of the society from amongst themselves in the prescribed manner. No employee who is under suspension shall be eligible for being selected or elected or for being continued as a member of the committee under this proviso :
Provided also that, the representative of the employees selected or elected as per the provisions of the third proviso shall have the right to take part in the meetings of the committee, but shall have no right to vote therein:]
5[Provided also that, 6[in respect of society, excluding the Housing Society, having assistance of the Government in the form of share capital, loan, guarantee, grant, the Government land or any other form whether cash or kind], the committee shall also include following two members nominated by the Government, namely :—
(i) one Government Officer not below the rank of the Assistant Registrar of Co-operative Societies, and
(ii) one person having such requisite experience relating to the work of the society and such qualifications, as may be specified by the Government, by an order published in the Official Gazette:]
7[* * *] 1 Section 73AAA was inserted by Mah. 16 of 2013, s. 30.
2 This proviso was inserted by Mah. 28 of 2022, s. 7(1).
3 These words were substituted for the words “Provided further that” by Mah. 28 of 2022, s. 7(ii).
4 These provisos were substituted for second proviso by Mah. 36 of 2016, s. 3(a).
5 This proviso was substituted for third proviso by Mah. 36 of 2016, s. 3(b).
6 These words were substituted for the words “in respect of the society having contribution of the Government towards it’s share capital” by Mah. 64 of 2018, s. 2.
7 Forth proviso was deleted by Mah. 36 of 2016, s. 3(c).
1961 : Mah. XXIV] The Maharashtra Co-operative Societies Act, 1960 53
Provided also that, the functional directors and the members nominated by the State Government under the third proviso of a society shall also be the members of the committee and such members shall be excluded for the purposes of counting the total number of members of the committee specified in the first proviso to sub-section (1):
Provided also that, such expert directors shall not have the right to vote at any election of the society and shall not be eligible to be elected as office bearers of the committee.
(3) The term of the office of the elected members of the committee and its office bearers shall be five years from the date of election and the term of the office bearers shall be co-terminus with the term of the committee 1[and on the expiry of the term of the committee, the members shall be deemed to have vacated their offices as members of the committee].
2[Provided that, if the term of office of the elected members of the committee and its office bearers has expired, and if the election to the committee of the society could not be held due to 3[* * *] the orders issued by the Government, from time to time, or any reason not attributable to the members of the committee of the society, such members and office bearers of the committee shall be deemed to have continued as members and office bearers of the committee till new committee is duly constituted:]
4[5[Provided further that], if the election to the Committee of the society could not be held for any reason not attributable to the members of the Committee of such Society, the existing members of the Committee shall be deemed to have continued till new committee is duly constituted.]
(4) Any casual vacancy in the committee may be filled in from amongst the members belonging to the same category of persons in respect of which a casual vacancy has arisen.
(5) (a) If, at any general election of members of the committee, the committee could not be constituted after declaration of results, then notwithstanding anything contained in this Act or the rules or the by-laws of the society, the returning officer or any other officer or authority conducting such election shall, within seven days of the declaration of two-thirds or more number of members, forward their names together with their permanent addresses to the Registrar, who shall, within fifteen days from the date of receipt thereof by him, publish or cause to be published such names and addresses by affixing a notice on the Notice Board or at any prominent place in his office ; and upon such publication the committee of the society shall be deemed to be duly constituted. In determining two-thirds of the number of members, fraction shall be ignored:
Provided that, such publication shall not be deemed,—
(i) to preclude the completion of elections of the remaining members and the publication of their names and the permanent addresses of the elected members likewise as and when they are available ; or
(ii) to affect the term of the office of members of the committee under the Act ;
(b) the names of the remaining members after they are elected (together with their permanent addresses), may also thereafter be likewise published by the Registrar.]
6[* * *] 7[73-B. 8[Reservation of certain seats on committees of societies and election thereto].— (1) Notwithstanding anything contained in this Act or in the rules made thereunder or in any bye-laws of 1 These words were added by Mah. 50 of 2018, s. 2.
2 This proviso was inserted with effect from 24th March 2020 by Mah. 6 of 2022, s. 2(i).
3 The words “imposition of lockdown in the state in view of the covid-19 Pandemic,” were deleted by Mah. 26 of 2023, s. 2.
4 This Proviso was added by Mah. 27 of 2020, s. 3.
5 These words were substituted for the words “Provided that” by Mah. 6 of 2022, s. 2(ii).
6 Section 73-AA and 73-AB were deleted by Mah. 16 of 2013, s. 31.
7 Section 73-B was substituted for the original by Mah. 45 of 1983, s. 5.
8 Marginal note was substituted by Mah. 6 of 2002, s. 32(f).
54 The Maharashtra Co-operative Societies Act, 1960 [1961 : Mah. XXIV any society, on the committee of such society or class of societies as the State Government may, by general or special order, direct, 1[2[three seats] shall be reserved,—
(a) one for the members belonging to the Scheduled Castes or Scheduled Tribes ; 3[* *] 4[(a-1) one for the members belonging to the Other Backward Classes ; 5[and] (a-2) one for the members belonging to the De-notified Tribes (Vimukta Jatis), Nomadic Tribes or Special Backward Classes ;]
6[* *] 7[* *] 8[* *]
(3) Any individual member of the society, or any elected member of the committee of a membersociety, or any member of the committee of a member-society, whether elected, co-opted or appointed under this section, belonging to the Scheduled Castes or Scheduled Tribes 9[or Other Backward Classes or De-notified Tribes (Vimukta Jatis) or Nomadic Tribes or Special Backward Classes,] 10[* *] shall be eligible to contest the election to a reserved seat and every person who is entitled to vote at the election to the committee shall be entitled to vote at the election to any such reserved seat.
11[(4) Where no person is elected to any of the three reserved seats, then such seat or seats shall be filled in by nomination from amongst the persons entitled to contest the election under sub-section (3)];
Explanation.— For the purposes of this section,—
(a) a general or special order, if any, issued by the State Government under section 73-B as it existed before the date of commencement of the Maharashtra Co-operative Societies (Amendment) Act, 1983 (Mah. XLV of 1983) shall be deemed to have been issued under sub-section (1) of this section and shall continue to be in force until duly repealed or amended ;
(b) the expression “ Scheduled Castes ” includes “Nav-Boudhas” 12[* * * * * * * * *] 13[(b-1) the expression “Other Backward Classes, De-notified Tribes (Vimukta Jatis) and Nomadic Tribes and Special Backward Classes” means such classes or parts of or groups within such classes as are declared, from time to time, by the State Government to be Other Backward Classes, De-notified Tribes (Vimukta Jatis) and Nomadic Tribes and Special Backward Classes ;]
14[* * *] 15[* * *] 16[73C. Reservation for women.— (1) Notwithstanding anything contained in this Act, or in the rules made thereunder, or in the by-laws of any society, there shall be two seats reserved for women on 1 This word was substituted for the word “two” by Mah. 6 of 2002, s. 2(a)(i), w.e.f. 23rd April 2001.
2 These words were substituted for the words “four seats” by Mah. 16 of 2013, s. 32(a)(i).
3 The word “and” was deleted by Mah. 6 of 2002, s. 2(a)(ii), w.e.f. 23rd April 2001.
4 The clauses (a-1) and (a-2) were inserted by Mah. 6 of 2002, s. 2(a)(ii), w.e.f. 23rd April 2001.
5 This word was added by Mah. 16 of 2013, s. 32(a)(ii).
6 The word “and” was deleted by Mah. 16 of 2013, s. 32(a)(iii).
7 Clause (b) was deleted by Mah. 16 of 2013, s. 32(a)(iv).
8 Sub-section (2) was deleted by Mah. 16 of 2013, s. 32(b).
9 These words were inserted by Mah. 6 of 2002, s. 2(c) w.e.f. 23rd April 2001.
10 The words “or as case may be, weaker section,” were deleted by Mah. 16 of 2013, s. 32(c).
11 Sub-section (4) was substituted by Mah. 16 of 2013, s. 32(d).
12 The words “and the expression “Scheduled Tribes” includes “De-notified Tribes and Nomadic Tribes” were deleted by Mah. 6 of 2002, s. 2 (e)(i), w.e.f. 23rd April 2001.
13 Clause (b-1) was inserted by Mah. 6 of 2002, s. 2(e), w.e.f. 23rd April 2001.
14 Clause (c) was deleted by Mah. 16 of 2013, s. 32(e).
15 Section 73-BB and 73-BBB were deleted by Mah. 16 of 2013, s. 33.
16 Section 73C was substituted by Mah. 16 of 2013, s. 34.
1961 : Mah. XXIV] The Maharashtra Co-operative Societies Act, 1960 55 the committee of each society consisting of individuals as members and having members from such class or category of persons, to represent the women members.
(2) Any individual woman member of the society, or any woman member of the committee of a member-society, whether elected, co-opted or nominated, shall be eligible to contest the election to the seat reserved under sub-section (1).
(3) Where no woman member or, as the case may be, women members are elected to such reserved seats, then such seat or seats shall be filled in by nomination from amongst the women members eligible to contest the election under sub-section (2).
(4) Nothing in this section shall apply to a committee of a society exclusively of women members.]
1[73-CA]. 2[Disqualification of committee and its members.].— 3[(A-1) In the case of a society, which gives loans to members for purchasing machinery, implements, equipments, commodities or other goods, or which deals in such goods, no member, who or whose member of the family is a dealer in such goods or is a director of a company or a partner in a firm carrying on business in such goods, in the area of operation of the society shall be eligible for being elected or nominated as a member of the committee of such society.
Explanation.— For the purposes of this sub-section, the expression “family” shall have the same meaning as explained in the Explanation I, to sub-section (2) of section 75.]
(1) Without prejudice to the other provisions of this Act or the rules made thereunder in relation to the disqualification of being a member of a committee, no person shall be eligible for being appointed, nominated, elected, co-opted or, for being a member of a committee, if he—
(i) is a defaulter of any society;
Explanation.— For the purposes of this clause, the term “defaulter” includes—
(a) in the case of a primary agricultural credit society, a member who defaults the repayment of the crop loan on the due date;
(b) in the case of term lending society, a member who defaults the payment of any instalment of the loan granted to him;
(c) in the case of any society,—
(i) a member who has taken anamat or advance; or
(ii) a member who has purchased any goods or commodities on credit or availed himself of any services from the society for which charges are payable; and fails to repay the full amount of such anamat or advance or pay the price of such goods or commodities or charges for such service, after receipt of notice of demand by him from the concerned society or within thirty days from the date of withdrawal of anamat or advance by him or from the date of delivery of goods to him or availing of services by him, whichever is earlier;
(d) in the case of non-agricultural credit societies, a member who defaults the payment of any instalment of the loan granted ;
(e) in the case of housing societies, a member who defaults the payment of dues to the society within three months from the date of service of notice in writing served by post under certificate of posting demanding the payment of dues ;
4[(f) in the case of District Central Co-operative Bank or of the State Co-operative Bank, a member, if he,—
(i) is a person who represents a society other than a primary agricultural credit co-operative society on the board of a District Central Co-operative Bank or the State 1 Section 73-FF was re-numbered as section 73CA by Mah. 16 of 2013, s. 36.
2 The marginal note was substituted by Mah. 16 of 2013, s. 36(d).
3 Sub-section (A1) was inserted by Mah. 16 of 2013, s. 36(a).
4 Paragraph (f) was inserted by Mah. 16 of 2013, s. 36(b)(i).
56 The Maharashtra Co-operative Societies Act, 1960 [1961 : Mah. XXIV Co-operative Bank, if the society to whom he represents has committed a default towards the payments of such Bank for a period exceeding ninety days;
(ii) is a person who is a defaulter of a primary agricultural credit co-operative society or is an office bearer of a defaulting primary agricultural co-operative credit society;
(iii) is a person who represents a society whose Managing Committee is superseded.]
(ii) has, in the opinion of the Registrar, deliberately committed breach of co-operative discipline with reference to linking up of credit with co-operative marketing or co-operative processing ; or 1[* * * *]
(iii) has been held responsible under section 79 or 88 or has been held responsible for payment of costs of inquiry under section 85; or
(iv) has incurred any disqualification under this Act or the rules made thereunder 2[or by-laws of the society]; or 3[(v) carries on business of the kind carried on by the society either in the area of operation of the society or in contravention of the provisions of 4[clause (b) of sub-section (A1)] ; or] 5[* * * * * *]
(vi) is a salaried employee of any society (other than a society of employees themselves) or holds any office of profit under any society, except when he holds or is appointed to the office of a Managing Director or any other office declared by the State Government by general or special order not to disqualify its holder or is entitled to be 6[or is nominated as functional director on the committee of a society under sub-section (2) of section 7[73AAA]];
8[(vii) has more than two children :
Provided that, a person having more than two children on the date of commencement of the Maharashtra Co-operative Societies (Second Amendment) Act, 2001 (Mah. XXXIX of 2001) (hereinafter in this clause referred to as “the date of such commencement”), shall not be disqualified under this clause so long as the number of children he had on the date of such commencement does not increase :
Provided further that, a child or more than one child born in a single delivery within the period of one year from the date of such commencement shall not be taken into consideration for the purpose of disqualification mentioned in this clause.
Explanation.— For the purposes of this clause,—
(a) where a couple has only one child on or after the date of such commencement, any number of children born out of a single subsequent delivery shall be deemed to be one entity;
(b) “child” does not include an adopted child or children.]
9[(viii) is held guilty for any offence under section 146 and convicted under section 147 ; or 1 Clause (ii-a) was deleted, by Mah. 28 of 2022, s. 8(1).
2 These words were inserted by Mah. 28 of 2022, s. 8(2).
3 Clause (v) was substituted by Mah. 31 of 2007, s. 3.
4 These words, brackets, letters and figures were substituted by the words, brackets, letters and figures “sub-section (2) of section 73F” by Mah. 16 of 2013, s. 36(b)(iii)(A).
5 These Explanation was deleted by Mah. 16 of 2013, s. 36(b)(iii)(B).
6 These words, brackets, figures and letter were substituted for the words, letters and figures “or is selected or elected to any reserved seat on the committee of a society under section 73BB” by Mah. 16 of 2013, s. 36(b)(iv).
7 These figures and letters was substituted for figures and letter “73A” by Mah. 36 of 2016, s. 4.
8 Clause (vii) was added by Mah. 34 of 2001, s. 6.
9 Clauses (viii) and (ix) were added by Mah. 16 of 2013, s. 36(b)(v).
1961 : Mah. XXIV] The Maharashtra Co-operative Societies Act, 1960 57
(ix) is convicted with imprisonment of not less than one year for an offence under the provisions of any law for the time being in force.]
(2) A member who has incurred any disqualification under sub-section (1), shall cease to be a member of the committee and his seat shall thereupon be deemed to be vacant.
1[(3) A member of a committee who has ceased to be a member thereof, on account of having incurred disqualification under sub-section (A1) and clauses (i) to (ix) of sub-section (1) shall not be eligible to be re-elected, re-co-opted or re-nominated as a member of the committee till the expiry of the period of next term of five years of the committee from the date on which he has so ceased to be a member of the committee.
2[(3A) In case of an insured Co-operative Bank, if an order for supersession of its Committee, as per the requisition of the Reserve Bank of India, is made under section 110A, 3[* * *] then no member of such Committee shall be eligible for being re-appointed, re-nominated, re-elected or re-co-opted on the Committee of such bank or, for being a member, or for being appointed, nominated, elected or co-opted, as a member of Committee of such bank or any other bank, for a period of two terms of the Committee from the date of order of supersession of the Committee.]
(4) A member of a committee who has ceased to be a member thereof, on account of having incurred any disqualification other than disqualifications, referred to in sub-section (3) shall, unless otherwise specifically provided in this Act, be eligible to be re-nominated, re-co-opted or re-elected as a member of the committee as soon as such disqualification ceases to exist.]