Section 104 in The Maharashtra Cooperative Societies Rules, 1961
104. [ Qualifications of President and other members of the Maharashtra State Cooperative Appellate Court, and their appointment. [Substituted by G.N. of 14.2.1975 CSL 1174/174119-C-5-8 (M.G.G., Part IVB p. 33.]
(1)The State Government shall appoint a person who is qualified to be appointed as a Judge of a High Court, or is holding or has held a judicial office not lower in rank than that of District Judge, to be the President of the Maharashtra State Co-operative Appellate Court.(2)Each of the other members of the Appellate Court to be appointed by the State Government shall be a person, -(a)who possesses any qualification laid down in sub-rule (1), or(b)who has held office not lower in rank than that of Joint Registrar or Cooperative Societies for [not less than one year].(c)who is enrolled as an Advocate, or holds a degree or other qualification in law of any University established by law or of any other authority which entitles him to be enrolled as an Advocate, and either (i) has held office not lower in rank than that of Deputy Secretary to Government for no less than three years, or (ii) in the opinion of the State Government, possesses good knowledge and experience of co-operative law and practice or is closely associated with the co-operative movement. As far as practicable, at least one of the other members of the Appellate Court shall be a person who is holding or has held an office not lower in rank than that of Joint Registrar as aforesaid.(3)Appointments of persons who possess qualifications other than those of holding or having held a judicial or other qualifying office under Government as President or other members of the Appellate Court shall be made by the State Government, after consultation with the Advocate General for the State.(4)No person shall hold or continue to hold the office of the President after he attains the age of sixty-five years and of any other member of the Appellate Court after he attains the age of sixty-two years.(5)If the President or any other member of the Appellate Court is in Government service at the time of his appointment, his pay, allowances and other conditions of service shall continue to be governed by the service conditions rules applicable to him before such appointment, and if he is a direct recruit, his pay, allowances and other conditions of service shall be governed by the Bombay Civil Services Rules and other rules made by the State Government from time to time.(6)Subject to sub-rule (4) and save as otherwise specified by the State Government in any case, the President and any other member of the Appellate Court shall hold office for a period of three years in the first instance, and thereafter his term of office may be extended by the State Government, from time to time, for such period as it may deem fit.(7)In the event of the occurrence of any vacancy in the office of the President of the Appellate Court, the senior-most member having judicial experience shall act as President.(8)The Headquarters of the Appellate Court shall be at such place as may be notified by the State Government in the Official Gazette.]
