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[Cites 0, Cited by 2] [Entire Act]

State of Maharashtra - Section

Section 112A in The Maharashtra Co-Operative Societies Act, 1960

112A. [ [District Co-operative Agriculture and Rural Multi-purpose Development Bank] [Sections 112A, 112B and 112C were inserted by Maharashtra 10 of 1988, Section 19.], its term of office of delegates casual vacancies, powers of such committee, etc.

(1)Notwithstanding anything contained in this Act, or in the rules made thereunder, or in the bye-laws of the [State Co-operative Agriculture and Rural Multi-purpose Development Bank] [These words were substituted for the words 'State Agriculture and Rural Development Banks' by Maharashtra 41 of 2005, (w.e.f. 25-8-2005) Section 8.],
(a)There shall be a [District Co-operative Agriculture and Rural Multi-purpose Development Bank] [These words were substituted for the words 'District Loan Committee' by Maharashtra 41 of 2005, (w.e.f. 25-8-2005) Section 8.] for each District excluding the City of Bombay District and Bombay Suburban District.
(b)Every [District Co-operative Agriculture and Rural Multi-purpose Development Bank] [These words were substituted for the words 'District Loan Committee' by Maharashtra 41 of 2005, (w.e.f. 25-8-2005) Section 8.] shall consist of [* * *] [The words 'the following members that is to say,' were deleted by Maharashtra Act No. 16 of 2013 dated 13-8-2013, Section 69(a)(i)(A), (w.e.f. 14-2-2013).]
(i)[ not more than twenty-one delegates, to be elected from Talukas in a District including the delegates from reserved categories, one from the persons belonging to the Schedule Castes or Schedule Tribes, one from the persons belonging to Other Backward Classes, one from the persons belonging to De-notified Tribes (Vimukta Jatis) or Nomadic Tribes or Special Backward Classes and two women, who shall be elected from the District;] [Sub-clause (i) was substituted by Maharashtra Act No. 16 of 2013 dated 13-8-2013, Section 69(a)(i)(B), (w.e.f. 14-2-2013).].
[(i-a) * * *] [Sub-clause (i-a) was deleted by Maharashtra Act No. 16 of 2013 dated 13 -8-2013, Section 69(a)(i)(C), (w.e.f. 14-2-2013).][Provided that, in a district, where there are more than seven talukas and before the date of commencement of the Maharashtra Co-operative Societies (Amendment) Act, 1993, the elections to elect seven delegates on the [District Co-operative Agriculture and Rural Multi-purpose Development Bank] [These proviso were added by Maharashtra 13 of 1994, Section 10(iv).] as provided by sub-clause (i), as it existed then, have already been held, the State Government shall nominate on such Committee, such additional number of delegates as may be necessary from the talukas from which no delegates are elected, so as to bring the total number of the delegates equal to the number of talukas in such district:Provided further that, after having held the election as aforesaid, the two members to be nominated by the Registrar under sub-clause (i-a), as it existed then, have not yet been nominated by the Registrar, then the Registrar shall nominate such two members:Provided also that, the term of office of all such nominated members shall be co-terminus with the term of office of the seven such delegates so elected:Provided also that, at any election held after the commencement of the Maharashtra Co-operative Societies (Amendment) Act, 1993, any member of the [State Co-operative Agriculture and Rural Multi-purpose Development Bank] [These words were substituted for the words 'State Agriculture and Rural Development Banks' by Maharashtra 41 of 2005, (w.e.f. 25-8-2005) Section 8.] in the District belonging to the Scheduled Castes or Scheduled Tribes, or, as the case may be, weaker section, shall be eligible to contest such election;]
(ii)[* * *] [Sub-clause (ii) was deleted by Maharashtra Act No. 16 of 2013 dated 13-8-2013, Section 69(a)(i)(C), (w.e.f. 14-2-2013).];
(iii)the Divisional Officer of the [State Co-operative Agriculture and Rural Multi-purpose Development Bank] [These words were substituted for the words 'State Agriculture and Rural Development Banks' by Maharashtra 41 of 2005, (w.e.f. 25-8-2005) Section 8.] of the concerned division, ex-officio',
(iv)[ the Manager of the District Co-operative Agriculture and Rural Multi-purpose Development Bank, ex-officio] [Clause (iv) was substituted by Maharashtra 41 of 2005, (w.e.f. 25-8-2005) Section 10.];
[Explanation. - For the purpose of sub-clause (i-a) the provision of clause (b), and of any order issued under clause (c) of the Explanation to section 73B shall apply in relation to the members to be elected thereunder] [This Explanation was substituted by Maharashtra 13 of 1994, Section 10(v).].
(c)[* * *] [Clause (c) was deleted by Maharashtra Act No. 16 of 2013 dated 13-8-2013, Section 69(a)(ii), (w.e.f. 14-2-2013).];
(d)Save as otherwise provided in this section, every election to elect delegates [and members] [These words were added by Maharashtra 13 of 1994, Section 10(c).] [shall be conducted by the State Co-operative Election Authority:] [These words were substituted for the words 'be subject to the provisions of Chapter XI-A and shall be conducted in the manner laid down by or under that Chapter' by Maharashtra Act No. 16 of 2013 dated 13-8-2013, Section 69(a)(iii)(A), (w.e.f. 14-2-2013).]
Provided that, reference to an election of a member of members of the Committee of a [* * *] [The word 'specified' was deleted by Maharashtra Act No. 16 of 2013 dated 13-8-2013, Section 69(a)(iii)(B), (w.e.f. 14-2-2013).] society in that Chapter or the rules made thereunder shah be deemed to be a reference to an election of [delegates or members referred to in clause (b)] [These words were substituted by Maharashtra 13 of 1994, Section 10(c)(ii).];
(2)Every [District Co-operative Agriculture and Rural Multi-purpose Development Bank] [These words were substituted for the words 'District Loan Committee' by Maharashtra 41 of 2005, (w.e.f. 25-8-2005) Section 8.] shall have a Chairman, who shall be elected by the [elected delegates and members thereof] [These words were substituted by Maharashtra 13 of 1994, Section 10(2).] from amongst themselves.
(3)Within fifteen days from the date of election of the delegates [and the members under sub-section (1)] [These words were substituted by Maharashtra 13 of 1994, Section 10(3)(a).] an officer authorised by [the State Co-operative Election Authority] [These words were substituted for the words 'the Collector' by Maharashtra Act No. 16 of 2013 dated 13-8-2013, Section 69(b), (w.e.f. 14-2-2013).] in that behalf shall convene the first [meeting of the delegates and [* * *] [These words were substituted for the words 'meeting of the delegates' by Maharashtra 38 of 1986, Section 2(3)(b).] members] for election of a Chairman. The officer so authorised shall preside over such meeting, but shall not have the right to vote.
(4)The term of office of members [* * *] [The words 'other than ex-officio members' were deleted by Maharashtra Act No. 16 of 2013 dated 13-8-2013, Section 69(c), (w.e.f. 14-2-2013).] of a [District Co-operative Agriculture and Rural Multi-purpose Development Bank] [These words were substituted for the words 'District Loan Committee' by Maharashtra 41 of 2005, (w.e.f. 25-8-2005) Section 8.] shall be for a period of five ears and shall be deemed to commence on the date of the first meeting referred to in sub-section (3) and the term of office of the Chairman shall be coterminous with the term of such members and on expiry of their term they shall be deemed to have vacated their offices.
(5)[ A casual vacancy in the committee of Co-operative Agriculture and Rural Multipurpose Development Bank, due to any reason whatsoever, may be filled in from the same class of active members in respect of which the casual vacancy has arisen.] [Sub-section (5) was substituted by Maharashtra Act No. 16 of 2013 dated 13-8-2013, Section 69(d), (w.e.f. 14-2-2013).]
(6)The [District Co-operative Agriculture and Rural Multi-purpose Development Bank] [These words were substituted for the words 'District Loan Committee' by Maharashtra 41 of 2005, (w.e.f. 25-8-2005) Section 8.] shall have the power to sanction by itself or to recommend for sanction by the committee of the [State Co-operative Agriculture and Rural Multi-purpose Development Bank] [These words were substituted for the words 'State Agriculture and Rural Development Bank' by Maharashtra 41 of 2005, (w.e.f 25-8-2005) Section 8.], as the case may be, loans to such extent and for such purposes as the committee of the [State Co-operative Agriculture and Rural Multi-purpose Development Bank] [These words were substituted for the words 'State Agriculture and Rural Development Bank' by Maharashtra 41 of 2005, (w.e.f 25-8-2005) Section 8.] may, from time to time, specify, and shall also perform such other functions as that committee may, from time to time entrust to it.
(7)[ The provision of sections 73-ID, 73A, [73CA] [Sub-section (7) was added by Maharashtra 31 of 1990, Section 3.], 77A, 78, [78A,] [These figures and letter were inserted by Maharashtra Act No. 16 of 2013 dated 13-8-2013, Section 69(e)(ii), (w.e.f. 14-2-2013).] clauses (j) and (k) of section 146, clauses (j) and (k) of section 147, sections 160A and 160B shall apply mutatis mutandis to the [District Co-operative Agriculture and Rural Multi-purpose Development Bank] [These words were substituted for the words 'District Loan Committee' by Maharashtra 41 of 2005, (w.e.f. 25-8-2005) Section 8.] as they apply in relation to a committee of a society].