Section 73A in The Maharashtra Co-Operative Societies Act, 1960
73A. [ Disqualification for being designated officer simultaneously of certain [categories of] [Sections 73-A to 73-G were inserted by Maharashtra 27 of 1969, Section 12.] societies [* * *] [The words 'or for being designated officer of the same society for more than ten years' deleted by Maharashtra Act. 30 of 2007, Section 2(b), (w.e.f. 18-8-2007).].
(1)In this section [* * *] [The words, figures and letters 'and sections 73C, 73D and 73E' were deleted by Maharashtra Act No. 16 of 2013 dated 13-8-2013, Section 29(a), (w.e.f. 14-2-2013).], "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 a designated officer in more than two societies in the aggregate in the three categories:-Category I. - Societies, the area of operation of which extends to the whole of the state.[Category II. - Societies, the area of operation of which does not extend to the whole of the State,-(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.] [Category II and III substituted by Maharashtra Co-operative Societies (Amendment) Act, 1995 Section 2. Maharashtra Act XXVII Of 1996 MGG dated 5-9-1996 Part 8 Page 775.][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.] [This Explanation was inserted by Maharashtra 20 of 1986, Section 29(a).](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.] [Sub-section (2A) was inserted by Maharashtra 3 of 1974, Section 14.](3)[* * * * * * *] [Sub-section (3) was deleted by Maharashtra 20 of 1986, Section 29(b).](4)If any person becomes, at the same time, [* * * *] [These words 'after the commencement of the said Act' were deleted by Maharashtra 20 of 1986, Section 29(c).] 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 [ten days] [Substituted by Maharashtra 10 of 1988, Section 11(a).] from the date on which he is [elected, co-opted or nominated] [These words were substituted for the words 'elected or appointed' by Maharashtra Act No. 16 of 2013 dated 13-8-2013, Section 29(b)(i), (w.e.f. 14-2-2013).] a designated officer of more than the permissible number of society or societies, or if the [elections, co-options or nominations] [These words were substituted for the words 'elections or appointments' by Maharashtra Act No. 16 of 2013 dated 13-8-2013, Section 29(b)(ii), (w.e.f. 14-2-2013).] are held or made simultaneously, from the date on which the result of last of such [elections, co-options or nominations] [These words were substituted for the words 'elections or appointments' by Maharashtra Act No. 16 of 2013 dated 13-8-2013, Section 29(b)(ii), (w.e.f. 14-2-2013).] is declared, he shall, at the expiration of the said period of [ten days] [Substituted by Maharashtra 10 of 1988, Section 11(a).] cease to be a designated officer of all such societies [and thereupon, notwithstanding anything contained in any other provisions 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 [re-elected, re-co-opted or re-nominated] [This portion inserted by Maharashtra 10 of 1988, Section 11(b).] 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 subsection (2)] [Sub-section (1A) was inserted by Maharashtra 13 of 1994.].(5)[* * *] [Sub-section (5) deleted by Maharashtra Act 30 of 2007, Section 2(a), (w.e.f. 18-8-2007).](6)[ * * *] [Sub-section (6) was deleted by Maharashtra Act No. 16 of 2013 dated 13-8-2013, Section 29(c), (w.e.f. 14-2-2013).](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 is not an active member and does not fulfill the minimum qualification relating to his monetary transactions with the society as may be laid down, in such notification.] [Sub-sections (7), (8) and (9) were inserted by Maharashtra Act No. 16 of 2013 dated 13-8-2013, Section 29(d), (w.e.f. 14-2-2013).]
