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State of Maharashtra - Section

Section 79A in The Maharashtra Co-Operative Societies Act, 1960

79A. [ [Government's power] [Section 79A was inserted by Maharashtra 27 of 1969, Section 15.] to give directions in the public interest, etc.

(1)[If the State Government, on receipt of a report from the Registrar or otherwise, is satisfied] [These words were substituted for the words 'Subject to the rules made in that behalf, where the Registrar is satisfied' by Maharashtra 27 of 1971, Section 5(a)(i).] that in the public interest or for the purposes of securing proper implementation of co-operative production and other development programmes approved or undertaken by Government, or to secure the proper management of the business of the society generally, or for preventing the affairs of the society being conducted in a manner detrimental to the interests of the members or of the depositors or the creditors thereof, it is necessary to issue directions to any class of societies generally or to any society or societies in particular. [the State Government may issue] [These words were substituted for the words 'he may issue' by Maharashtra 27 of 1971, Section 5(a)(ii).] directions to them from time to time, and all societies or the societies concerned, as the case may be, shall be bound to comply with such directions.
(2)[The State Government may] [These words were substituted for the words 'The Registrar may' by Maharashtra 27 of 1971, Section 5(b)(i).] modify or cancel any directions issued under sub- section (1), and in modifying or cancelling such directions may impose such conditions as [it may deem fit.] [These words were substituted for the words 'he may deem fit', by Maharashtra 27 of 1971, Section 5(b)(ii).]
(3)[ Where the Registrar is satisfied that any person was responsible for complying with any directions or modified directions issued to a society under sub-sections (1) and (2) and he has failed without any good reason or justification, to comply with the directions, the Registrar may by order-
(a)if the person is a member of the committee of the society, [declare him to be disqualified to be or to continue to be a member of the committee of any society,] for a period of six years from the date of the order;
(b)if the person is an employee of the society, direct the committee to remove such person from employment of the society forthwith, and if any member or members of the committee, without any good reason or justification, fail to comply with this order, [* * *] [The words 'remove the members, appoint other persons members and' were deleted,by Maharashtra Act No. 16 of 2013 dated 13-8-2013, Section 48(b)(1), (w.e.f. 14-2-2013).] declare them disqualified as provided in clause (a) above:
Provided that, before making any order under this sub-section, the Registrar shall give a reasonable opportunity of being heard to the person or persons concerned and consult the federal society is affiliated.[Provided further that, such federal society shall communicate its opinion to the Registrar within a period of forty-five days from the date of receipt of communication, failing which it shall be presumed that such federal society has no objection to take action under this section and the Registrar shall be at liberty to proceed further to take action accordingly.] [This proviso was added by Maharashtra Act No. 16 of 2013 dated 13-8-2013, Section 48(b)(ii), (w.e.f. 14-2-2013).]Any order made by the Registrar under this section shall be final.] [Sub-section (3) was added by Maharashtra 36 of 1975, Section 6.]