(1) If in the opinion of the Registrar, the committee or any member of such committee has committed any act, which is prejudicial to the interest of the society or its members or if the State Co-operative Election Authority has failed to conduct the elections in accordance with the provisions of this Act or where situation has arisen in which the committee or any member of such committee refuses or has ceased to discharge its or his functions and the business of the society has, or is likely to ; come to a stand-still, or if serious financial irregularities or frauds have been identified or if there are judicial directives to this effect or, if there is a perpetual lack of quorum or, where in the opinion of the Registrar the grounds mentioned in sub-section (1) of section 78 are not remedied or not complied with, or where any member of such committee stands disqualified by or under this Act for being a member of the committee, the Registrar may, after giving the committee or the member, as the case may be, an opportunity of stating its or his objections in writing as provided under sub-section (1) of section 78 and after giving a reasonable opportunity of being heard, and after consultation with the federal society to which the society is affiliated comes to a conclusion that the charges mentioned in the notice are proved, and the administration of the society cannot be carried out in accordance with the provisions of this Act, rules and by-laws, he may by order stating reasons therefor,—
(a) (i) supersede the committee ; and
(ii) appoint a committee consisting of three or more members of the society otherwise than the members of the committee so superseded, in its place, or appoint an administrator or committee of administrators who need not be the members of the society, to manage the affairs of society for a period not exceeding 2[twelve months] :
Provided that, the Registrar shall have the power to change the committee or any member thereof or administrator or administrators appointed at his discretion even before the expiry of the period specified in the order made under this sub-section:
1 Section 78A was inserted by Mah. 16 of 2013, s. 46.
2 These words were substituted for the words “six months” by Mah. 28 of 2022, s. 10(2)(ii).
1961 : Mah. XXIV] The Maharashtra Co-operative Societies Act, 1960 67
Provided further that, such federal society shall communicate its opinion to the Registrar within forty-five days, from the date of receipt of communication, failing which it shall be presumed that such federal society has no objection to the order of supersession or removed of a member and the Registrar shall be at liberty to proceed further to take action accordingly:
Provided also that, in case of a society carrying on the business of banking, the provisions of the Banking Regulation Act, 1949 (10 of 1949), shall also apply and the committee shall not be superseded for a period exceeding one year:
1[* * * * *]
(b) remove the member:
Provided that, the member who has been so removed shall not be eligible to be re-elected, re-coopted or re-nominated as a member of any committee of any society till the expiry of period of next one term of the committee from the date on which he has been so removed:
Provided further that, in case of a society carrying on the business of banking, the provisions of the Banking Regulation Act, 1949 (10 of 1949), shall also apply.
(2) The provisions of sub-sections (3), (4), (5) and (6) of section 78 shall apply mutatis mutandis, in relation to supersession or removal under this section.]
79. 2[Society’s obligation to file returns and statements and Registrar’s power to enforce performance of such obligations.]— 3[(1) The Registrar may direct any society or class of societies, to keep proper books of accounts 4[in such form, including electronic or any other form, as may be prescribed] with respect to all sums of money received and expended by the society, and the matters in respect of which the receipt and expenditure take place, all sales and purchases of goods by the society, and the assets and liabilities of the society, and to furnish such statements and returns and to produce such records as he may require from time to time ; and the officer or officers of the society shall be bound to comply with his order within the period specified therein.]
5[(1-1A)] The Registrar may direct any society or class of societies to take action to comply with the provisions of this Act, rules made thereunder, by-laws of the society or any order passed by the Registrar under this Act; and the officer or officers of the society shall be bound to comply with order within the period specified therein.
6[(1A) Every society shall file returns within six months of the close of every financial year to which such accounts relate, to the Registrar or to the person authorised by him. The returns shall contain the following matters, namely :—
(a) annual report of its activities ;
(b) its audited statement of accounts ;
(c) plans for disposal of surplus funds as approved by the general body of the society ;
(d) list of amendments to the by-laws of the society, if any ;
(e) declaration regarding date of holding of its general body meeting and conduct of elections when due ;
(f) any other information required by the Registrar in pursuance of any of the provisions of this Act.
1 This proviso was deleted by Mah. 26 of 2023, s. 3.
2 The marginal note was substituted by Mah. 16 of 2013, s. 47(f).
3 Sub-section (1) was renumbered as sub-section (1-1A) thereof and before sub-section (1-1A) so renumbered, sub-section
(1) was inserted by Mah. 28 of 2022, s. 13(1).
4 These words were inserted by Mah. 16 of 2013, s. 47(a).
5 Sub-section (1) was renumbered as sub-section (1-1A) thereof and before sub-section (1-1A) so renumbered, sub-section
(1) was inserted by Mah. 28 of 2022, s. 13(1).
6 Sub-sections (1A) and (1B) were inserted by Mah. 16 of 2013, s. 47(b).
68 The Maharashtra Co-operative Societies Act, 1960 [1961 : Mah. XXIV (1B) Every society shall also file a return regarding the name of the auditor or auditing firm from a panel approved by a State Government in this behalf, appointed in the general body meeting together with his written consent, within a period of one month from the date of annual general body meeting.]
(2) Where any society is required to take any action 1[including filing of returns] under this Act, the rules or the bye-laws, or to comply with an order made under the 2[foregoing sub-sections] and such action is not taken—
(a) within the time provided in this Act, the rules or the bye-laws, or the order, as the case may, or
(b) where no time is so provided, within such time, having regard to the nature and extent of the action to be taken, as the Registrar may specify by notice in writing, the Registrar may himself, or through a person authorised by him, take such action, at the expense of the society ; and such expense shall be recoverable from the society as if it were an arrear of land revenue.
(3) Where the Registrar takes action under sub-section (2), the Registrar may call upon the officer or officers of the society whom he considers to be responsible for not complying with the provisions of this Act, the rules or the bye-laws, or the order made under sub-section (1), and, after giving such officer or officers an opportunity of being heard, may require him or them to pay to the society the expenses paid or payable by it to the State Government as a result of their failure to take action, and to pay to the assets of the society such sum not exceeding 3[one hundred rupees] as the Registrar may think fit for each day until the Registrar’s directions are carried out.
4[(4) The Registrar or the authorised person on his behalf shall scrutinise the returns and information so received and take further necessary action, if required.]