Section 73AAA in The Maharashtra Co-Operative Societies Act, 1960
73AAA. [ Constitution of committee. [Section 73AAA was inserted by Maharashtra Act No. 16 of 2013 dated 13-8-2013, Section 30, (w.e.f. 14-2-2013).]
(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:Provided further that, the provisions of the Banking Regulation Act, 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):Provided further that, the committee may, in case of the committee having not more than seventeen members, nominate a person as a functional director; and in case of the committees having more than seventeen members and not more than twenty-one members may nominate such number of functional directors, not exceeding two:Provided also that, [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 members of the committee shall include two officers of the Government nominated by the State Government, which shall be in addition to the number of members specified in the first proviso to sub-section (1):Provided also that, in case the committee consists of two functional directors, one of such functional directors shall be an employee of the concerned society who is workman or is a representative of the recognized union of the employees of such society: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 [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] [Added by Maharashtra Act No. 50 of 2018, dated 9.8.2018.].(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.]
