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State of Maharashtra - Section

Section 63A in The Maharashtra Cooperative Societies Rules, 1961

63A. [ Procedure for suspension of committee. [Inserted by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).]

(1)Notwithstanding anything contained in the bye-laws of a society but subject to the provisions of section 78, the Registrar may by an order stating the reasons there for,-
(a)suspend the committee of a society and appoint an Administrator or committee of Administrators consisting of three or more active members of the society to take remedial measures within the period specified in the order or;
(b)suspend the committee and appoint one or more Administrators, who need not be the members of the society to take remedial measures within the period specified in the order :
Provided that, no person shall be eligible to be appointed as administrator or member of the committee of administrator, who has incurred disqualification under the provisions of the Act, the Rules and bye-laws of the society.Provided further that, the Administrator or Committee of Administrators shall not hold office for more than six months from the date of assuming charge.
(2)Before making an order under sub-rule (1), the Registrar shall consult the Federal society and give an opportunity to the committee to show cause by serving the notice by registered post acknowledgement due or by speed post or by hand delivery, within fifteen days from the date of receipt of notice, as to why such an order shall not be made :Provided that, if the Federal society fails to communicate its opinion to the Registrar within forty - five days from the date of receipt of communication, the Registrar shall be at liberty to proceed further to take action accordingly.Provided further that, if resignation is tendered by the committee or a member of the committee, the decision shall be made by the Registrar within the time specified under sub-section (3) of the section 78 of the Act.
(3)Immediately after the appointment of an Administrator or Administrators under sub-rule (1), the committee in whose place such appointment is made and officers of the society shall give the Administrator or Administrators, as the case may be, charge of the property, books of accounts and documents of the society.
(4)Administrator or Administrators if required, shall call special general body meeting of the society to review or reconsider the decisions or the resolutions taken or passed at general body meeting called by the previous committee or to endorse the action taken by it and shall submit report of remedial measures taken within time to the Registrar as specified by the Registrar in the order under sub-rule (1) and if the Registrar is satisfied that the charges mentioned in the notice are made good or remedied, he shall, by order, revoke the order of suspension and direct the Administrator or Administrators to hand over the management to the suspended committee with immediate effect.]