State of Maharashtra - Act
The Maharashtra Cooperative Societies Rules, 1961
MAHARASHTRA
India
India
The Maharashtra Cooperative Societies Rules, 1961
Rule THE-MAHARASHTRA-COOPERATIVE-SOCIETIES-RULES-1961 of 1961
- Published on 23 December 1961
- Commenced on 23 December 1961
- [This is the version of this document from 23 December 1961.]
- [Note: The original publication document is not available and this content could not be verified.]
Chapter I
Preliminary
1. Short title and extent.
2. Definitions.
- In these rules, unless the context otherwise, requires. -Chapter II
Registration
3. [ [Deleted by G. N. of 8-11-1971.]
* * *]4. [ Application for registration and registration fees. [Substituted By G. N. Of 14-2-1975.]
| Rs. | ||||
| (i) [ [Substituted by G. N. of 2-12-2000.] | Agricultural Societies | (a) | Marketing Societies | 1,250 |
| (b) | Other Agricultural Societies | 150 | ||
| (ii) | Crop Protection Societies | 250 | ||
| (iii) | Lift Irrigation Societies | 250 | ||
| (iv) | Consumers' Societies | (a) | Canteens | 500 |
| (b) | Primary Consumer Stores in- | |||
| (i) Rural Area | 150 | |||
| (ii) Urban Area | 250 | |||
| (c) | Wholesale Consumer Stores | 2,500 | ||
| (d) | Departmental Consumer Stores | 1,600 | ||
| (v) | Co-operative Banks | (a) | Central Bank | 5,000 |
| (b) | Other Banks (excluding Salary Earners' Co-operative Societies) | 2,500 | ||
| (c) | Salary Earners' Co-operative Societies | 500 | ||
| (vi) | Farming Societies | (a) | Collective Farming Societies | 150 |
| (b) | Joint Farming Societies | 150 | ||
| (c) | Dairy Farming Societies | 150 | ||
| (vii) | Housing Societies (excluding societies of Backward Classpersons) | (a) | Tenant Ownership Housing Societies | 2,500 |
| (b) | Tenant Co-partnership Housing Societies | 2,500 | ||
| (c) | Other Housing Societies | 2,500 | ||
| (viii) | Housing Societies of Backward Class Persons | 50 | ||
| [(viii-a) [Inserted by G.N. of 30-10-2003] | Housing Societies of Lok Awas Yojana | 50] | ||
| (ix) | Processing Societies | (a) | Agricultural Processing Societies (excluding Sugar Factoriesand Spinning Mills) | 1,250 |
| (b) | Industrial Processing Societies | 500 | ||
| (x) | Co-operative Sugar Factories | 25,000 | ||
| (xi) | Co-operative Spinning Mills | 15,000 | ||
| (xii) | Producers' Societies | (A) | Industrial Producers Societies | 150 |
| (xiii) | Resources Societies | (a) | Credit Resource Societies (excluding Salary Earners'Societies)- | |
| (i) Agriculture | 150 | |||
| (ii) Urban Credit Societies | 250 | |||
| (b) | Non-credit Resource Societies | 150 | ||
| (c) | Service Resource Societies | 150 | ||
| (xiv) | General Societies | (a) | Social | 250 |
| (b) | Commercial | 1,250 | ||
| (xv) | Societies not falling under any of the above entries | 500] |
5. Registration.
6. Form of report under Section 9(2).
- The report to be made by the Registrar to the State Government under sub-section (2) of Section 9 shall be in Form 'C'.7. Refusal of Registration.
- Where any society does not furnish the information in regard to the society as required by the Registrar or fulfil any of the conditions laid down in the Act [the rules or the norms and conditions for registration of societies or class of societies as specified by the Registrar,] [Substituted 'or these Rules' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] the Registrar may refuse to register that society.8. Matters in respect of which Registrar may direct society to make bye-laws or society may make bye-laws.
9. First bye-laws of a society.
- When a society has been registered the bye-laws of the society as approved and registered by the Registrar shall be the bye-laws of the society.10. Classification and sub-classification of societies.
| Class | Sub-Class | Examples of societies falling in the class orsub-class, as the case may be | ||
| (1) | (2) | (3) | ||
| 1. [ [Substituted by G. N. of 8-11-1971] | Agricultural Society | (a) | Marketing Society | All Purchase and Sale Unions and Marketing Societies ofAgricultural Produce. |
| (b) | Other Societies | Dairy and Cattle Breeding Societies] | ||
| 1A. [ [Added by G.N. of 8.11.1971.] | Crop Protection Society | …............ | …...........] | |
| 1B. [ [Added by G.N. of 8.11.1971.] | Life Irrigation Society | …............ | …...........] | |
| 2. | Consumers' Society | …............ | Stores and Canteens. | |
| 3. | Co-operative Bank | (a) | Central Bank | [District Central Co-operative Banks] [Substituted 'District Central Banks' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).][***] [Deleted by G. N. of 4-11-1985] |
| (b) | Other Banks | Urban Banks[***] [Deleted by G. N. of 4-11-1985] | ||
| 3A. [ [Inserted by G. N. of 4-11-1985] | [Cooperative Agriculture and Rural Multipurpose Development Bank] [Substituted 'Land Development Bank' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).]having provisions in their bye-laws toadvance loans to Co-operative Societies] | |||
| 4. | Farming Society | (a) | Collective Farming Society | Farming societies where major area of lands is acquired fromoutside agency for cultivation by members. |
| (b) | Joint Farming Society | Societies where the major area of land brought together forcultivation is held by members. | ||
| (c) [ [Added G. N. of 8-11-1971] | Dairy Farming Society | Farming societies undertaking dairy activities complimentaryto their arable farming activities orvice versa.] | ||
| 5. | [Housing Society] [Substituted by G.N. of 4.11.1985.] | (a) | Tenant Ownership Housing Society | Housing Societies where land is held either on lease-hold orfreehold basis by Societies and houses are owned or are to beowned by members. |
| (b) | Tenant Co-partnership Housing Society | Housing Societies which hold both land and buildings eitheron leasehold or free-hold basis and allot them to their members. | ||
| (c) | Other Housing Societies | House Mortgage Societies and House Construction Societies | ||
| 6. | Processing Society | (a) | Agricultural Processing Society | Societies, which process agricultural produce likeCooperative Sugar Factories and Oil Mills. |
| (b) | Industrial Processing Society | |||
| 7. | Producers' Society | (a) | Industrial Producers' Society | Wool, Processing and, Tanners' Societies |
| (b) | Labourers' Industrial Society | Weavers', and Carpenters' Societies | ||
| (c) | [*****] [Deleted by G. N. of 8-11-1971.] | Forest Labourers' Societies and Labour Contract Societies | ||
| 8. | Resource Society | (a) | Credit Resource Society | [Agricultural Credit, Thrift, Urban-Credit and SalaryEarners' Societies] [Substituted by G. N. of 4-11-1985.] |
| (b) | Non-Credit Resource Society | Seeds and Implements and Agricultural Requisites Societies | ||
| (c) | Service Resource Society | Service Co-operative and Multipurpose Co-operative Societies, | ||
| 9. | General Society | (a) | Social | Better Living Societies and Education Societies |
| (b) | Commercial | Insurance and Motor Transport Societies | ||
| (c) | Other | Not falling in either of the above sub-classes |
| 10. [ [Added by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] | Apex Societies | - | The Maharashtra State Co-operative Bank.] |
11. Maintenance of register.
12. Amendment of bye-laws.
13. Manner of calling upon society to make amendment to bye-laws.
14. Change in name of society.
15. Change of liability.
16. Amalgamation, transfer of assets and liabilities, division or conversion of societies.
17. Direction by Registrar for amalgamation, division and reorganisation of societies.
18. Reconstructions of a society.
18A. [ Conditions for realising the assets and liquidating the liabilities of the de-registered society by the Official Assignee. [Inserted by G.N. of 16-10-1987.]
18B. Purposes for investment of surplus by the Registrar.
18C. [ Manner of issue of public notice of the proceedings of de-registration of society. [Inserted by G.N of 1-1-1988.]
Chapter III
Members and their rights and liabilities
19. Conditions to be complied with for admission for membership, etc.
- No person shall be admitted as a member of a society unless,-19A. [ Procedure for tendering application to the Registrar for membership under section 23(1A). [Rule 19A was inserted by G.N. C.O. & T.D. No. CSL 1189/CR-129/15-C, M.G.G., Part IV-B, 15.1.1990, p. 276.]
20. Procedure for admission of joint members and minor and persons of unsound mind inheriting the share or interest of deceased member.
20A. [ Mode of communication of classification of non- active member. [Inserted by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).]
- If a member is classified as non-active member, the society shall communicate such classification in Form `W', to the concerned member within thirty days from the date of close of the financial year by Registered Post Acknowledgement Due, by Speed Post, by hand delivery, by email or otherwise and also by publishing name or names of such members on notice board of the concerned society:Provided that, on fulfillment of conditions, the member shall be reclassified as active member.20B. Co-operative Education and Training to members, officers and employees, etc.
21. Withdrawal of Membership.
22. Voting rights of individual members in a Federal Society.
23. Valuation of shares.
24. Procedure for transfer of shares.
25. Nomination of persons.
- For the purpose of transfer of his share or interest under sub-section (1) of Section 30, a member of a society may, by a document signed by him or by making a statement in any book kept for the purpose by the society nominate any person or persons. Where the nomination is made by a document, such document shall be deposited with the society during the member's life time and where the nomination is made by a statement, such statement shall be signed by the member and attested by one witness.26. Registration of nominations.
- The name and address of every person nominated for the purposes of sub-section (1) of Section 30 and any revocation or variation of such nomination shall be entered in the register kept under Rule 32.27. Supply of copies of documents by societies and fees therefore.
28. Expulsion of Members.
- Any member who has been persistently defaulting payment of his dues or has been failing to comply with the provisions of the bye-laws regarding sales of his produce through the society, or other matters in connection with his dealings with the society or who, in the opinion of the committee, has brought disrepute to the society or has done other acts detrimental to the interest or proper working of the society [or for the reasons mentioned in section 26 of the Act,] [Inserted by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] may, in accordance with the provisions of sub-section (1) of Section 35, be expelled from the society. Expulsion from membership may involve forfeiture of shares held by the member.29. Procedure for expulsion of members.
30. [ Inspection of documents in the Registrar's office by members of societies and the scale of fees for supply of copies of documents. [Substituted by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).]
- A member of a society may inspect the following documents in the office of the Registrar free of charge, and may obtain certified copies thereof on payment of the fees, namely :-| Document | Fees | |
| (i) | Application for registration of society, | Up to A 4 Size paper per page Rs. 2, Largerthan A4 Size paper per page Rs.3 |
| (ii) | Certificate of registration, | -do- |
| (iii) | Bye-laws of societies, | -do- |
| (iv) | Amendment of bye-laws of a society, | -do- |
| (v) | Order of cancellation of the registration of asociety, if any, | -do- |
| (vi) | Audit report of a society, | -do- |
| (vii) | Annual balance sheet, | -do- |
| (viii) | Order under section 88, | -do- |
| (ix) | Order of suspension or supersession of acommittee or removal of any member thereof, if any, | -do- |
| (x) | Any other order against which an appeal orrevision is provided. | -do-] |
30A. [ Co-operative Education and Training to members, officers and employees, etc. [Inserted by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).]
Chapter IV
Incorporation, duties and privileges of societies
31. Procedure for change of address of societies.
32. Register of Members.
- The register of members to be kept by every society under sub section (1) of Section 38 shall be in Form T.33. List of Members.
- The list of members to be kept by every society under Section 39 shall be in Form 'J'. [The society, at the close of every financial year, shall prepare the list of active members in Form "J - 1" and the list of non-active members in Form "J - 2" as per the provisions of section 26 of the Act.] [Added by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).]34. Certified copies of entries in books of societies.
- For the purposes of Section 40, copies of any entries referred to in that section may be certified by any officer of the society duly authorised in that behalf by the committee under the seal of the society.35. Conditions for borrowing by societies with limited liability.
36. Conditions for borrowing of Maharashtra State Co-operative Bank.
- Except with the previous sanction of the Registrar, the Maharashtra State Cooperative Bank Limited shall now incur liabilities exceeding in total fifteen times the total amount of its paid up share capital, and all reserves minus accumulated losses, actual bad debts, if any, and overdue interest:Provided that the Bank may incur liabilities in excess of the aforesaid limit by receiving deposits or borrowing loans subject to the condition that the amount received as deposits or borrowed as loans in excess of the said limit shall not be utilised in the business of the bank but shall be invested in Government securities which shall be deposited with the Reserve Bank of India. The bank shall not borrow against such securities.Explanation: - In calculating the total amount of liability for the purposes of this rule, a sum equal to the amount borrowed by the Bank on the security of agricultural produce or other goods of the members of the bank shall be excluded from the amount of the actual liability under this rule.37. Conditions for borrowing of [Co-operative Agriculture and Rural Multipurpose Development Bank] [Substituted 'Land Development Bank' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).].
- [Co-operative Agriculture and Rural Multipurpose Development Bank] [Substituted 'Land Development Bank' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] may incur liabilities not exceeding in total twenty times the total amount of their paid up share capital, accumulated reserve and building funds minus accumulated losses.38. Loans and deposits from non-members in unlimited liability societies.
- Every society with unlimited liability shall, from time to time, fix in a [general body meeting] [Substituted 'general meeting' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] the maximum liability which it may incur in loans and in deposits from non-members. The maximum so fixed shall be subject to the sanction of the Registrar, who may at any time reduce it, for reasons to be communicated by him to the society in writing, and may specify a period not being less than four months, within which the society shall comply with his orders. No such society shall receive any loan or deposit from a non-member, which will make its liability to non-members exceed the limit sanctioned by the Registrar.39. Raising of funds by societies.
40. Additional conditions for raising funds by societies.
- The Registrar may, by general or special order, lay down such additional conditions as he deems fit, subject to which and the extent upto which any society or class of societies may receive deposits, issue debentures or raise loans from any creditor other than a Central Bank.41. Maintenance of liquid resources and distribution of assets.
- Every society which obtains any portion of its working capital by deposits shall,-42. Regulation of loans to be granted by societies.
43. Conditions to be complied with by members applying for loans.
44. Credit limits by non-credit societies.
45. Restrictions on borrowing from more than one credit society.
45A. [ Limits on loans against fixed deposits. [Inserted by G.N. of 8-11-1971.]
46. Manner of recalling of loan.
46A. [ Restrictions on borrowings from non-members. [Added by G.N. of 5.2.1975.]
- No society shall receive or raise loans from non-members [including any banking company other than the Central Bank], unless specially authorised by [the Cooperative court] [Substituted 'the Registrar' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] and such non-member from whom any loan is received or raised, gives an undertaking to the society that any dispute arising out of the transaction shall be referred to the Registrar for decision under Section 91.]46B. [ Restrictions on credit sales to non-members. [Added by G.N. of 5.2.1975.]
- Where the bye-laws of a society permit credit sales, such sales may be made to traders and other nonmembers provided that the person to whom such sales are made gives an undertaking to the society that any dispute arising out of the transactions shall be referred to [the Cooperative court] for decision under Section 91.]47. Restrictions on transactions with non-members.
- On the application of a member of any society or of his own motion, when it appears to the Registrar that it is necessary in the interest of the working of any particular society to regulate or restrict transactions of such society with any non-member, the Registrar shall, after giving an opportunity to the society of being heard, issue such directions as he may consider necessary regulating or restricting such transactions.48. Form of declarations be made by members borrowing loans from certain societies and conditions on which any charge in favour of a society shall be satisfied.
Chapter V
Property and funds of societies
49. Writing off of bad debts and losses.
- All loans including interest thereon and recovery charges in respect thereof which are found irrecoverable and are certified as bad debts by the auditor appointed under Section 81 shall first be written off against the Bad Debt Fund and the balance, if any, may be written off against the Reserve Fund and the share capital of the society.All other dues and accumulated losses or any other loss sustained by the society which cannot be recovered and have been certified as irrecoverable by the auditor may be written off against the Reserve Fund or share capital of the society :Provided that-49A. [ Calculation of net profits. [Added by G.N. No. CSL. 1186/134313/132/ISC (i), dated 16.10.1987.]
50. Appropriation of profits.
51. Amounts to be deducted by a Society from its profits before arriving at its net profits.
- In addition to the sums referred to in sub-section (1) of Section 65, the following sums shall be deducted by a society from its profits before arriving at its profit for the purposes of sub-section (2) of Section 65 ;52. Bonus and Dividend Equalization Fund.
53. [ Rates of annual contribution to education fund of State Federal Society. [Substituted by G.N. C.O. & T.D. No. CSL. 1189/CR-330 15-C, M.G.G., Part IVB, dated 7.11.1990, p. 2771.]
- [Amount due on the date of commencement of the Maharashtra Co-operative Societies (Amendment) Act, 2013 (XVI of 2013) shall be contributed to such State Federal Society as is notified by the State Government under section 68. The rates at which the classes of societies specified under column (2) of the Table below shall contribute towards the education fund specified against them in column (3) of the said Table-] [Substituted by G.N. No. CSL. 1186/134313/132/ISC (i), dated 16.10.1987.]| Sl. No. | Class of Society | Rate of contribution per year per society | |||
| 1 | 2 | 3 | |||
| 1. | Maharashtra State Co-operative Bank | 2 paise per Rs. 100 of working capital subject to a maximumof Rs. 5,00,000. | |||
| 2. | Maharashtra State Co-operative Agricultural and RuralDevelopment Bank. | Rs. 1/10 per cent of working capital subject to a maximum ofRs. 1,00,000. | |||
| 3. | Maharashtra State Co-operative Marketing Federation. | Rs. 1/10 per cent of working capital subject to a maximum ofRs. 1,50,000. | |||
| 4. | Maharashtra State Co-operative Housing Finance Corporation. | Rs. 1/10 per cent of working capital subject to a maximum ofRs. 1,00,000. | |||
| 5. | Maharashtra State Co-operative Consumers' SocietiesFederation. | 2 paise per Rs. 100 of working capital subject to a maximumof Rs. 2,00,000. | |||
| 6. | Maharashtra State Co-operative Sugar Factories Federation. | Rs. 5,000 | |||
| 7. | Maharashtra State Co-operative Fisheries Federation. | Rs. 1,000 | |||
| 8. | Maharashtra State Co-operative Cotton Grower MarketingFederation. | Rs. 1,50,000 | |||
| 9. | Maharashtra State Co-operative Diaries Societies Federation. | Rs. 5,000 | |||
| 10. | Maharashtra Co-operative Spinning Mills Federation. | Rs. 5,000 | |||
| 11. | Maharashtra State Co-operative Power-looms SocietiesFederation. | Rs. 2,500 | |||
| 12. | Maharashtra State Co-operative Textile Corporation. | Rs. 1,000 | |||
| 13. | Maharashtra State Co-operative Handloom Societies Federation. | Rs. 2,500 | |||
| 14. | Maharashtra State Agricultural Produce Market CommitteesFederation. | Rs. 1,000 | |||
| 15. | Maharashtra State Co-operative Cotton Growers ProcessingSocieties Federation. | Rs. 2,500 | |||
| 16. | Maharashtra State Co-operative Tribal DevelopmentCorporation. | Rs. 1,000 | |||
| 17. | Maharashtra State Co-operative Tribal DevelopmentCorporation. | Rs. 1,000 | |||
| 18. | Maharashtra State Co-operative Labour Societies Federation. | Rs. 1,000 | |||
| 19. | Maharashtra State Co-operative Banks Association. | Rs. 5,000 | |||
| 20. | Maharashtra State Co-operative Oil Seed ProcessingFederation. | Rs. 5,000 | |||
| 21. | Maharashtra State Sugar Industries Development CooperativeSocieties. | Rs. 1,000 | |||
| 22. | Maharashtra State Co-operative Engineering Societies. | Rs. 5,000 | |||
| 23. | Maharashtra State Co-operative Jangle Kamgar Federation. | Rs. 1,000 | |||
| 24. | Co-operative Sugar Factories. | 2 paise per ton of the last year Sugar Cane crushed, subjectto maximum of Rs. 75,000. | |||
| 25. | District Central Co-operative Banks. | (a) | District Central Co-operative Banks of Raigad, Ratnagiri,Sindhudurg, Chandanpur and Gadchiroli Rs. 10,000. | ||
| (b) | The revitalised District Co-operative Banks in the State Rs.15,000. | ||||
| (c) | Other District Central Co-operative Banks in the State Rs.30,000. | ||||
| 26. | Sholapur District Industrial Cooperative Banks. | Rs. 15,000 | |||
| 27. | Urban Co-operative Banks. | (a) | Working capital upto Rs. 5 crores Rs. 5,000. | ||
| (b) | Working capital of Rs, 5 crores to Rs. 50 crores of Rs.10,000. | ||||
| (c) | Working capital above Rs. 50 crores Rs. 30,000. | ||||
| 28. | Urban Co-operative Credit Societies. | 1/10 per cent of Working Capital, subject to minimum rupees100 and maximum of Rs. 5,000. | |||
| 29. | Salary Earners, Factory Workers, Mills Workers, Thrift Fundand Credit Societies. | 1/10 per cent of Working Capital, subject to maximum Rs.1,000. | |||
| 30. | District Agro Industrial Serva Seva Co-operative Societiesand Purchases and Sale Societies having jurisdiction in one ormore Districts. | 1/10 per cent of Working Capital, subject to maximum of Rs.20,000. | |||
| 31. | Primary Marketing Societies. | 1/10 per cent of Working Capital, subject to maximum of Rs.2,000. | |||
| 32. | Whole-sale Co-operative Consumer Stores. | 1/10 per cent of Working Capital, subject to maximum ofRupees 20,000. | |||
| 33. | Primary Co-operative Consumers Stores. | 2 paise per Rs. 100 of working capital, subject to minimum ofRs. 100 and a maximum of Rs. 2,00,000. | |||
| 34. | Co-operative Spinning Mills. | (a) | Which have not gone in production of Rs. 1,000. | ||
| (b) | Which have gone in production of Rs. 10,000. | ||||
| 35. | Co-operative Ginning and Pressing Societies. | Rs. 100 | |||
| 36. | Primary Seva Sahakari Sanstha. | (A) | Rs. 10 in respect of those which have suffered loss duringthe previous cooperative year. | ||
| (B) | 1/10 per cent of the Working capital in respect of whosewhich have earned profit during the previous year subject tomaximum of Rs. 1,000. | ||||
| 37. | Milk Co-operative Unions Taluka and District. | (a) | Having collection of 3 lacs liters Milk of previous year Rs.500. | ||
| (b) | Having collection of 3 to 4 lacs litters Milk of previousyear Rs. 1,000. | ||||
| (c) | Having collection of 4 to 5 lacs liters Rs. 1,500. | ||||
| (d) | Above 5 lacs liters Rs. 2,000. | ||||
| 38. | Primary Co-operative Dairy Societies. | Rs. 100 | |||
| 39. | Co-operative Poultry Societies Federation. | Rs. 100 | |||
| 40. | Co-operative Lift Irrigation Societies. | Rs. 100 | |||
| 41. | Agricultural Processing Cooperative Societies. | Rs. 100 | |||
| 42. | Grain Banks. | Rs. 100 | |||
| 43. | Piggery and Live Stock Cooperative Societies (includingbreeding). | Rs. 100 | |||
| 44. | Sugarcane Supply Co-operative Societies. | Rs. 500 | |||
| 45. | Industrial Co-operative Estate. | Rs. 100 | |||
| 46. | Labour Contract Co-operative Societies. | Rs. 100 | |||
| 47. | Forest Labourers Co-operative Societies. | Rs. 100 | |||
| 48. | Agricultural Non-Credit Cooperative Societies. | Rs. 100 | |||
| 49. | Non-Agricultural Non-Credit Societies. | Rs. 100 | |||
| 50. | Co-operative Farming Societies. | Rs. 100 | |||
| 51. | Co-operative Fisheries. | Rs. 100 | |||
| 52. | Primary Co-operative Poultry. | Rs. 100 | |||
| 53. | Vidarbha Premier Co-operative Housing Society. | Rs. 5,000 | |||
| 54. | Co-operative Housing Society. | (a) | Having jurisdiction of Corporation, Nagarpalika andCantonment Board.….. per Member Rs. 3. | ||
| (b) | Having jurisdiction of Gram Panchayat.….. perMember Rs. 2. | ||||
| 55. | Vidarbha Co-operative Marketing Societies. | 1/10 of the Working Capital subject to maximum of Rs. 20,000. | |||
| 56. | Co-operative Distillery Societies. | Rs. 5,000 | |||
| 57. | Mula Pravara Co-operative Electrical Societies LimitedShrirampur District Ahmednagar. | Rs. 1,000 | |||
| 58. | Other Societies. | (a) | Village and Taluka jurisdiction ... | Rs. 100. | |
| (b) | District jurisdiction ... | Rs. 500. | |||
| (c) | State jurisdiction .... | Rs. 1,000.] |
| 53A. [ Rates of annual contribution to Co-operative, State Cadre Employment Fund. [Added by G.N of 16-7-1979.]- The rates at which the class or classes of societies or other body corporate specified under column 2 of the Table below shall contribute annually under sub-section (4) of Section 69-A towards the Co-operative State Cadre Employment Fund, which may be notified in this behalf by the State Government, shall be those which are respectively specified against them in Column 3 of the said table:-{| | |||
| Sr. No. | Society, class or classes of Society and otherbody corporate | Rate of contribution per year per society orbody corporate | |
| 1 | 2 | 3 | |
| 1. | Maharashtra State Co-operative Bank limited(incorporating the Vidarbha Co-operative Limited), Bombay. | Rs. 20 lakhs per year | |
| 2. | The Maharashtra State Co-operative MarketingFederation Limited, Bombay | At 10 paise per Rs. 100 of the annual turnoverof the previous co-operative year. | |
| 3. | The Maharashtra State Co-operative LandDevelopment Bank Limited, Bombay. | Rs. 5 lakhs per year. | |
| 4. | All Co-operative Sugar Factories. | At 25 paise per tonne of sugarcane crushed bythe Sugar Factory during the previous co-operative year. | |
| 5. | All Sugar Factories other than Co-operativeSugar Factories located in the State of Maharashtra. | At 25 paise per tonne of sugarcane of themembers of Primary Agriculture Credit Societies crushed by thefactory during the previous Co-operative year. | |
| 6. | All District Central Co-operative Banksexcluding Bombay District Central Co-operative Bank Limited andAhmednagar Urban District Central Co-operative Bank Limited,Ahmednagar, having outstanding of Agricultural Credit businessof more than Rs. 5 crores as at the end of the previousCooperative year. | At 10 paise per Rs. 100 of the outstandingAgricultural Credit business as at the end of the previousCo-operative year. | |
| 7. | All District Central Co-operative Banksexcluding Bombay District Central Co operative Bank Limited,Bombay and Ahmednagar Urban District Central Co-operative BankLimited, Ahmednagar, having outstanding of Agricultural Creditbusiness of Rs. 5 crores or less as at the end of theCooperative year. | At 5 paise per Rs. 100 of outstandingAgricultural Credit business as at tne end of the previousCooperative year. | |
| 8. | All Primary Co-operative Marketing Societiesdealing in fertilizers, seeds, agricultural implements and saleof agricultural produce | At 5 paise per Rs. 100 of the annual turnoverof the previous Co-operative year. | |
| 9. | All Primary Agricultural Credit Societies,Multipurpose Co-operative Societies and Service Co-operativeSocieties including Farmers' Service Societies and AdivasiCo-operative Societies- | ||
| (i) | having outstanding agricultural credit businessnot exceeding Rs. 50,000 as at the end of the previousCo-operative year. | 1.5 per cent of the outstanding agriculturalcredit business as at the end of the previous Cooperative year. | |
| (ii) | having outstanding agricultural credit businessexceeding Rs. 50,000 but not exceeding Rs. 75,000 as at the endof the previous Co-operative year. | 1.75 per cent of the outstanding agriculturalcredit business as at the end of the previous Cooperative year. | |
| (iii) | having outstanding agricultural credit businessexceeding Rs. 75,000 but not exceeding Rs. 3 lakhs as at the endof the previous Co-operative year. | 2 per cent of the outstanding agriculturalcredit business as at the end of the previous Co-operative year. | |
| (iv) | having outstanding agricultural credit businessexceeding Rs. 3 lakhs as at the end of the previous Co-operativeyear. | 1.25 per cent of the actual expenditure on thetotal emoluments paid to the Secretary during the previousCo-operative year or 2 per cent of the outstanding of theagricultural credit business as at the end of the previousCo-operative year, whichever is less.] |
53B. [ Manner of contributions to be made under the Rule 53A. [Added By G.N. of 3-9-1979.]- (1) The Apex society which has been notified by the State Government under subsection (3) of Section 69-A shall open an account in the name of the "Co-operative State Cadre Employment Fund" established by it in the Maharashtra State Co-operative Bank Limited, Bombay and also in every District Central Co-operative Bank, excluding the Bombay District Central Co-operative Bank.
54. Utilisation and investment of reserve fund.
55. Investment of other funds.
56. Maintenance and administration of provident fund.
- A society which has established a provident fund for its employees under Section 71 shall, with the previous approval of the [general body meeting] [Substituted 'Registrar' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).], frame regulations for the maintenance and utilisation of the provident fund for its employees [subject to the provision of the Employees Provident Funds and Miscellaneous Provisions Act, 1952.] [Inserted by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] Among other matters, such regulations shall provide for the following-| 56A. Manner of election to notified Societies.- (1) The elections of the societies notified by the State Government under Section 73-IC, shall be held or cause to be held by the Registrar through the machinery created for this purpose in the manner as specified, hereunder, namely :-(a) The Registrar may appoint any officer, not below the rank of an Additional Registrar of Co-operative Societies, as the Chief Election Officer for the State, who shall be subordinate to the Registrar and accountable to him for the purpose of such elections. He shall work under the general guidance of the Registrar of Co-operative Societies.(b) The Chief Election Officer shall have powers to appoint one or more officers along with their jurisdiction as District Election Officer, who shall not be below the rank of an Assistant Registrar of Co-operative Societies or the Special Auditor, Class-II.(c) The Chief Election Officer shall have powers to appoint such additional staff as he deems necessary to assist him and the District Election Officer.(d) The Chief Election Officer shall have powers of general guidance, superintendence and control over the District Election Officers and the staff appointed under the foregoing sub-clauses of these rules. The District Election Officer and the staff so appointed shall be subordinate to the Chief Election Officer and shall be accountable to him for the purpose of elections.(e) The District Election Officer, shall be responsible for holding the election, of all the notified societies, the headquarters of which are situated in his jurisdiction.(f) For holding the elections of notified societies, the Registrar or the Chief Election Officer or the District Election Officer, as the case may be shall have the following powers, namely :-(i) To appoint any officer of the State Government, Zilla Parishad, any Local Body, any Co-operative Society or Agricultural Produce Market Committee, having establishment in that district, on any post with such designation and duties for the purpose of holding the elections.(ii) It shall be obligatory on every officer or employee, so appointed to, perform the duties assigned on him, failing which, he shall be liable for prosecution for having committed contempt of the lawful authority of the public servant within the meaning of Chapter 10 of Indian Penal Code.(iii) To requisition any premises, vehicles or any other material required for holding the election, from any co-operative societies as he may deem necessary.(iv) On service of such requisition, it shall be obligatory on the authority to whom such requisition is made, to forthwith hand over the possession of premises, vehicles or any other material, as the case may be, to the requisitioning authority or any person authorised by him in that behalf.(g) (i) The Registrar shall be competent to create a fund called the "Notified Co-operative Societies Election Fund", as he deems fit by a special or general order.(ii) The expenses for holding of any elections to the notified society, including payment of travelling allowances, daily allowance and other remuneration, if any, to the persons appointed to exercise the powers and perform the duties in respect of election, shall be borne by the notified society concerned. For this purpose, the Registrar or the Chief Election Officer or the District Election Officer may call upon a notified society to deposit in the Notified Co-operative Societies Election Fund, such amount as he considers necessary for the conduct of elections, within such period as may be directed by the Registrar :Provided that, it shall be competent for the Registrar to exempt any notified society or class of notified societies from depositing in full or in part, having regard to the financial position of such society or class of societies, as the case may be.(iii) If the expenditure exceeds the amount deposited, the Registrar or the Chief Election Officer or the District Election Officer shall call upon the notified society to pay the excess amount as specified by him within eight days from the receipt of directions from him and the society shall comply with such directions.(iv) On failure of the notified society to deposit the amount or to pay the excess amount as aforesaid, the Registrar, the Chief Election Officer or the District Election Officer may issue a certificate for recovery of amount due, together with interest thereon at the rate of 15% per annum from the society. On issue of such certificate, the amount shall be recovered as arrears of land revenue.(2) The Registrar shall maintain a register in Form M-1 in his office showing the names of the notified societies with details thereof.(3) The Chief Executive of the notified society shall deliver a report in Form M-2 to the Registrar on or before 30th September of the preceding calendar year in which the term of office of the Managing Committee of such society expires :Provided that, if the Chief Executive of the notified society fails to report in time the Registrar shall proceed to enlist the name of such society or societies for the purpose of aforesaid sub-rule on the basis of information available in the register and such enlisting of names shall beprima facieevidence that the election of the society is due to be held in the succeeding co-operative year, unless proved to the contrary.(4) On receipt of report or otherwise, the Registrar shall publish, on or before 15th October a list of societies in his office and in the office of the District Election Officer, of which elections of the committee are to be held in the succeeding year.56B. Provisional list of voters.-[(1) A provisional list of voters shall be prepared by every notified society in the year in which the election of such society is due to be held. The persons who have completed minimum two years as members from the date of their, enrollment; shall be included in the provisional list. If different constituencies are provided in the bye-laws, the names of voters shall be arranged constituency-wise as laid down in the bye-laws.] [Substituted by G.N. of 18-2-2002.](2) Four copies of the authenticated provisional lists of voters shall be delivered by the Chief Executive of the society to the Registrar, 120 days before the date of expiry of the term of Committee. Copies of such lists shall be displayed on the notice board of the society. The District Election Officer and the Registrar shall, within 15 days from its receipt, call for inviting claims and objections from the members of the society.(3) If any Chief Executive Officer fails to deliver copies of the provisional lists of voters to the Registrar on or before the due date, the Registrar shall himself or through any persons authorised by him in this behalf, prepare such provisional list of voters and the expenditure incurred therefor shall be recovered from the Chief Executive Officer or other persons responsible therefor, as arrears of land revenue.(4) In the event of the Registrar taking action under the last preceding sub-rule, he shall also cause copies of the provisional list of voters to be displayed on his notice board and on the notice board of the District Election Officer and of the society within ten days from the date of receipt of such list from the society for inviting claims and objections from the members of the society,56C. Particulars to be included in the provisional list of voters.- (1) The provisional list of voters in case of individual shareholders, shall contain the name, father's or husband's name, surname, if any, with address recorded in the register of members in Form M-1 of every person entitled to be registered as voter with such other particulars as may be necessary to identify him.(2) Where a society is the member of a notified society, the notified society shall call for the name of representative duly authorised to vote at the election on behalf of the affiliated society, so as to reach it by 150 days prior to the date of expiry of term of office of the Committee.(3) While communicating the name of the representative to the notified society the affiliated society shall enclose a copy of the resolution of the society or its committee as provided under the bye-laws, where the representative is so authorised. The notified society shall include in the list of voters the name of all such representatives as have been communicated to it before the date fixed for publication of the provisional list. In addition to the names representatives, the list shall contain the name of the affiliated societies, their registration numbers and addresses with names of the constituency, if any, to which they belong.56D. Claims and objections to the provisional list of voters, and the final list of voters.- (1) When any provisional list of voters is published for inviting claims and objections, any omission or error in respect of name or address or other particulars in the list may be brought to the notice of the Registrar in writing by any member of the society concerned who is a voter or any representative authorised to vote on behalf of such society during office hours within 15 days from the date of publication of the provisional list of voters.(2) The Registrar shall, after making such enquiries as deemed necessary in this behalf, consider each claim or objection, and give his decision thereon in writing to the persons concerned within 10 days from the last date prescribed for receiving the claims and objections and the list shall be conclusively final voters list.(3) The copies of final list of voters shall be displayed on the notice board of the Registrar and on the notice board of the office of the District Election Officer and that of the society at least seven days before the declaration of the election programme and in no case later them fifteen days from the finalisation or claims and objections.56E. Appointment of Returning Officers, Assistant Returning Officers and such other Officers required to conduct the elections.- The Registrar or the Chief Election Officer or the District Election Officer shall, whenever necessary, appoint the Returning Officer and may also appoint one or more persons to be called as the Assistant Returning Officer to assist the Returning Officer in the performance of his functions:Provided that, in case where no other person is appointed as Returning Officer, the District Election Officer himself shall be deemed to be the Returning Office and shall perform all the functions of the Returning Officer under these rules. Every Assistant Returning Officer, shall, subject to the control of the Returning Officer, be competent to perform all or any of the functions of the Returning Officer provided that, no Assistant Returning Officer shall perform any of the functions of the Returning Officer which relate to the scrutiny of nominations unless the Returning Officer is unavoidably prevented from performing the said function.56F. General duty of Returning Officer.- It shall be the general duty of the Returning Officer at any election to do all such act and things as may be necessary for effectually conducting the election in the manner provided in these rules and bye-laws of the notified society or societies.56G. Polling stations.- The Returning Officer shall, if necessary provide a sufficient number of polling stations for any constituency for which election is to be held and shall publish on the notice board or the society and in such other manner as he deems fit, a list showing the polling stations so provided and the polling areas for which they have respectively been provided.56H. Appointment of Presiding Officers and Polling Officers.- (1) The Returning Officer shall appoint a Presiding Officer for each polling station and such polling Officer or Officers as he thinks necessary, but shall not appoint any person who has been employed by the concerned society or on behalf of, or has been otherwise working for a candidate in or about the election-Provided that, if a polling Officer is absent from the polling station, the Presiding Officer may appoint any person who is present at the polling station, other than a person who has been employed by the concerned society or on behalf of, or who has been otherwise working for a candidate in or about the election, to be the polling officer during the absence of such officer, and shall inform the Returning Officer accordingly.(2) A Polling Officer shall, if so directed by the Presiding Officer, perform all or any of the functions of a Presiding-Officer under the Act or these rules and bye-laws made thereunder.(3) If the Presiding Officer, owing to illness or otherwise or due to unavoidable cause, is absent from the polling station, his unctions shall be performed by such polling officer as has been previously authorised by the Presiding Officer, to perform such functions during his absence.56I. General duty of Presiding Officer and Polling Officer.- (1) It shall be the general duty of the Presiding Officer at a polling station to keep law and order and to see that the poll is fairly taken.(2) It shall be the duty of the Polling Officers at a polling station to assist the presiding officer for such station in the performance of his functions.(3) The Presiding Officer, Polling Officer, Returning Officer, Assistant Returning Officers and other persons appointed for any of the purposes of these rules shall work under the general guidance, superintendence and control of the District Election Officer or the Chief Election Officer.56J. Appointment of dates etc. for various stages of an election.- (1) The Returning Officer, with prior approval of the Registrar or the District Election Officer, as the case may be, shall draw and declare a programme of various stages of election, as indicated hereinbelow not earlier than seven days and not later than fifteen days of the display of final list of voters of the society-{| | ||
| (i) | Last date for making nominations. | 7 days from the date of declaration of election programme. |
| (ii) | The date of publication of list of nomination received. | As and when received till the last date fixed for makingnominations. |
| (iii) | Date of scrutiny of nominations. | Next day of the last date for making nominations. |
| (iv) | Date of publication of list of valid nomination afterscrutiny. | Next day after the date of completion of scrutiny or wherethere is an appeal, after the appeal is decided. |
| (v) | Date by which candidature may be withdrawn. | 2 days from the date of publication of list of validnominations after scrutiny. |
| (vi) | Date of publication of final list of contesting candidates. | The date next succeeding the last day for withdrawal ofcandidature. |
| (vii) | Date and time during which and the place/places at which thepoll shall be taken. | Not earlier than 10 days but not later than 15 days from thedate of publication of final list of contesting candidate (timeand place to be fixed by the Returning Officer). |
| (viii) | Date, time and place for counting of votes. | Not later than 3rd day from the date of which the poll shallbe taken, (Time and place to be fixed by the Returning Officer). |
| (ix) | Date of declaration of results of voting. | Immediately after the counting of votes. |
56K. Manner of publication of election programme under Rule 56J.- (1) The Returning Officer shall send a copy of the election programme declared under Rule 56J in Form M-3 to the society either by special messenger or the District Election Officer shall make arrangement to get all the ballot boxes to the office of the Returning Officer or to the registered office of the societies or to such other safe places as he deems fit.
56L. Manner of publication of election programme under Rule 56K.- (1) The Returning Officer shall send a copy of the election programme declared under the Rule 56J in Form M-3 to the society either by the special messenger or through post under certificate of posting addressed to the society at the registered address with instructions to display the copy of the programme on the notice board of the society. In addition, the said election programme shall be displayed on the notice board of the office of the Returning Officer, Registrar and the District Election Officer.
56M. Nomination of candidates.- (1) Any person may be nominated as the candidate for election to fill a seat, if he is qualified to be chosen to fill that seat under the provision of the Act, these rules and the bye-laws and if his name is entered in the list of voters:-
Provided that, in case of joint or associate members, only the member whose name stands first in the share certificate shall be eligible to be nominated as candidate for the election. Where the seats are reserved on the committee of any notified society as provided under Section 73B of the Act, any individual belonging to the categories provided under sub-section (3) of Section 73B shall be eligible for being nominated as candidate even if his name does not appear in the list of voters.56N. Presentation of nomination paper and requirements for valid nominations.- (1) On or before the date appointed under Rule 56J, each candidate shall either in person or by his proposer, deliver to the Returning Officer during the time and at the place specified in the programme declared under the said rule,, a nomination paper completed as provided by Rule 56M and signed by the candidate and by two voters of his constituency one of whom shall be a proposer and the other seconder.
56O. Symbols for elections.- (1) The Returning Officer shall specify the symbols that may be chosen by the candidates at the election from among those specified by him, but he shall not allot any symbols which are associated with political parties.
56P. Deposit.- A Candidate shall not be deemed to be duly nominated for election from a constituency unless he deposits or causes to be deposited with the Returning Officer a sum of Rs. 25 in cash and where the candidate is of Scheduled Caste or Scheduled Tribe or of a weaker section a sum of Rs. 5 :
Provided that, where a candidate has been nominated by more than one nomination paper for election in the same constituency, not more than one deposit shall be required of him under this rule. However, the Chief Election Officer shall be competent to fix amount, from time to time, towards deposits as per aforesaid rule by a candidate in the case of any society or class of societies in consideration of the financial standing membership etc. by general or special order.56Q. Notice of nomination and time and place for the scrutiny.- The Returning Officer shall on receiving the nomination paper under Rule 56N, inform the person or persons delivering the same, of the day, time and place fixed for the scrutiny of nominations and shall enter on the nomination paper, its serial number and shall sign thereon a certificate stating the date on which and the hour at which the nomination paper has been delivered to him and shall, as soon as may be therefore, cause to be affixed on the notice board in his office, a notice of the nomination containing description similar to those contained in the nomination papers, both the candidates and of the proposes.
56R. Scrutiny of nomination papers.- (1) On the date fixed, for the scrutiny of nomination papers under Rule 56J, the candidates, one proposer of each candidate duly authorised in writing by each candidate, may attend at the time and place appointed in this behalf, and the Returning Officer shall give or cause to give them all reasonable facilities for examining the nomination papers of all candidates which have been delivered as required by Rule 56N. No other person shall be allowed to attend the scrutiny of nomination.
56S. Publication of list of valid nomination.- Immediately after all the nomination papers have been scrutinised and the decisions accepting or rejecting the same has been recorded, the Returning Officer shall prepare a list of candidates whose nominations have been accepted or rejected. Immediately on the next day after the scrutiny is over, the Returning Officer shall affix the list on his notice board and shall record the date on which and the time at which the list was so affixed :
Provided that, the Returning Officer shall be competent to include the names of candidates whose nominations are subsequently held valid, after the period of appeal by the competent authorities.56T. Withdrawal of candidature.- (1) Any candidate may withdraw his candidature by application in writing and deliver it personally to the Returning Officer within the stipulated time as specified in the election programme.
56U. Preparation of list of contesting candidates.- (1) On the day next succeeding the last date fixed for withdrawal of candidature, the Returning Officer shall prepare and publish in Form M-5, a list of contesting candidates which means the candidates whose names have been finally accepted and who has not withdrawn their candidatures within the prescribed time on the notice board of his office.
56V. Appointment of Polling Agents and Counting Agents.- (1) At an election at which a poll is to be taken, any contesting candidate may appoint one agent and one relief agent to act as Polling Agents of such candidate, at each polling station. Such appointment shall be made by a letter in writing in Form M-6, signed by the candidate.
56W. Death of candidate before poll.- If a contesting candidate dies and a report of his death is received by the Returning Officer before the commencement of the poll, the Returning Officer shall, upon being satisfied of the fact of the death of candidate, countermand the poll and where the Returning Officer is not the District Election Officer along with the proceedings with reference to the election, and the election shall be commenced in all respect, as if for a new election:
Provided that, no further nomination shall be necessary in the case of a person who was a contesting candidate at the time of the countermanding of the poll :Provided further that, no person who has given a notice of withdrawal of his candidature under Rule 56T before the countermanding of the poll, shall be eligible for being nominated as a candidate for the election after such countermanding.56X. Uncontested election.- If after the expiry of the period within which candidatures may be withdrawn under Rule 56T, the number of candidates in the constituency whose nominations have been accepted is equal to or less than the number of seats to be filled, the Returning Officer shall forthwith declare such candidate or all such candidates to be duly elected to fill the seat or the relevant number of seats, as the case may be, and shall complete and certify the declaration in Form M-9 and where the Returning Officer is not the District Election Officer himself, he shall send signed copies thereof to the District Election Officer.
56Y. Manner of voting at elections.- At every election where poll is taken, voters shall be given by secret ballot in the manner hereinafter provided and no votes shall be allowed by proxy.
56Z. Ballot Box.- Every Ballot Box shall be of such design as may be approved by the Chief Election Officer.
|}[56A1 to 56A35. [Deleted by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).]***.]| 56A1. Form of ballot paper.- Every ballot paper shall be in Form M-10 and the names of candidates shall be arranged in the same order in which they appear in the list of contesting candidates. However, if two or more candidates bear the same name, they shall be distinguished by addition of their occupation or residence or in some other manner which should be determined by the Returning Officer.56A2. Arrangement at Polling Stations.- (1) Outside each polling station, there shall be-(a) a notice specifying the polling area, the voters of which are entitled to vote at the polling station and where the polling station has more than one polling booth, at each of such booth, the description of the voters allotted to such booth, and(b) a copy of the list of contesting candidates.(2) At each polling station, there shall be set-up, one or more voting compartments in which voters can record their votes screened from observation.(3) The Returning Officer shall provide at each polling station a sufficient number of ballot boxes, ballot papers, copies of the list of voters in respect of the polling area or areas, the voters of which are entitled to vote at such polling station, instruments for stamping the distinguishing mark on ballot papers and articles necessary for voters to mark the ballot papers. The Returning Officer shall also provide at each polling station such other equipments and accessories as may be required for taking the poll at such polling station.56A3. Admission to Polling Station.- The Presiding Officer shall regulate the number of voters to be admitted at any one time inside the polling station and shall exclude therefrom all persons other than,-(a) Polling Officers;(b) Public servants on duty in connection with the election;(c) Persons authorised by the Chief Election Officer, District Election Officer or the Returning Officer;(d) Candidates, their polling agents, and subject to the provisions of Rule 56V, one polling agent of each candidate;(e) a child in arms accompanying a voter;(f) a person accompanying a blind or inform voter who cannot move without help;(g) such other persons as the Returning Officer or the Presiding Officer may employ for the purpose of identifying the voter.56A4. The preparation of ballot boxes for poll.- (1) Where a paper seal is used for securing a ballot box, the Presiding Officer shall affix his own signature on the paper seal and obtain thereon the signatures of such of the polling agents present as are desirous of affixing the same.(2) The Presiding Officer shall thereafter fix the paper seal so signed in the space meant therefor in the ballot box and shall then secure and seal the box in such manner that the slit for the insertion of ballot paper remains open.(3) The seal used for securing a ballot box shall be affixed in such manner that after the box has been closed, it is not possible to open it without breaking the seals.(4) Where it is not necessary to use paper seals for securing the ballot box, the Presiding Officer shall secure and seal the ballot box in such a manner that the slit for the insertion of ballot papers, remains open and shall allow the Polling Agents present to affix, it they so desire, their seals.(5) Every ballot box used at a polling station shall bear the seal both inside and outside marked with-(a) the serial number, if any, and the name of constituency;(b) the serial number and name of the polling station;(c) the serial number of the ballot box to be filled in at the end of the poll on the label outside the ballot box only, and(d) the date of poll.(6) Immediately before the commencement of the poll, the Presiding Officers shall demonstrate to the polling agents and other persons present that the ballot box is empty and bears the labels referred to in sub-rule (5) of this rule.(7) The ballot box shall then be closed, sealed and secured and placed in full view of the Presiding Officer and the Polling Agents.56A5. Identification of voters.- (1) The Presiding Officer may employ at the polling station such persons as he thinks fit to help in the identification of the voters or to assist him at the time of taking poll.(2) As each voter enters the polling station, the Presiding Officer or the Polling Officer authorised by him in this behalf, shall check the voter's name and other particulars with the relevant entry in the list of voters and then call out the serial number, name and other particulars of the voter.(3) In deciding the right of a person to obtain a ballot paper, the Presiding Officer or the Polling Officer, as the case may be, shall overlook clerical or printing errors, in any entry in the list of voters, if he is satisfied that such person is the same voter whom that entry relates.56A6. Challenging of identity.- (1) Any Polling Agent may challenge the identity of a person claiming to be a particular voter by depositing a sum of Rs. 2 in cash with the Presiding Officer for each such challenge.(2) On such deposit being made, by that person, the Presiding Officer shall-(a) warn the person challenged of the penalty for personation;(b) read the relevant entry in the list of voters in full and ask him whether he is the person referred to in that entry;(c) enter his name and address in the list of challenged voters in Form M-ll ; and(d) require him to affix his signature in the said list;(3) The Presiding Officer shall thereafter, hold a summary inquiry into the allegations and may for that purpose -(a) require the challenger to adduce evidence in proof of the challenge and the person challenged to adduce evidence in proof of his identity;(b) put to the person challenged any question necessary for the purpose of establishing his identity and require him to answer them on oath; and(c) administer an oath to the person challenged and any other person offering to give evidence;(d) if, after the enquiry, the Presiding Officer considers that the challenge has not been established, he shall allow the person challenged to vote, and if he considers that the challenge has been established, he shall debar the person challenged from voting;(e) if the Presiding Officer is of the opinion that the challenge is frivolous or has not been made in good faith, he shall direct that deposit made under sub-rule (1) be forfeited to the State Election Fund and in the other case, he shall return it to the challenger at the conclusion of the enquiry.56A7. Safeguard against personation.- (1) With a view to prevent the personation of voters, every voter about whose identity the Presiding Officer or the Polling Officer, as the case may be is satisfied shall allow his left thumb to be inspected by the Presiding Officer or the Polling Officer and an indelible ink mark to be put on it.(2) If any voter refuses to allow his left thumb to be inspected or marked in accordance with sub-rule (1) or has already such a mark on his left thumb or does any act with a view to removing the ink mark, he shall not be supplied with any ballot paper or allowed to vote.(3) Any reference in this rule to the left thumb of a voter, shall, in the case, where the voter has his left thumb missing, be construed as a reference to any other finger of his left hand and shall, in the case where all the fingers of his left hand are missing be construed as a reference to the thumb or any other finger of his right hand, and shall in the case where all his fingers of both the hands are missing, be construed as reference to such extremity of his left or right arms as he possesses.56A8. Issue of ballot paper.- (1) No ballot paper shall be issued to any voter before the hour fixed for the commencement of the poll.(2) No ballot paper shall be issued to any voter after the hour for the closing of the polling, except to those voters, who are present at the polling station at the time of the closing of the poll. Such voters shall be allowed to record their votes even after the poll hours close.(3) Every ballot paper shall before issue to a voter be-(a) stamped with such distinguishing mark at the District Election Officer may direct; and(b) signed in full on its back by the Presiding Officer.(4) At the time of issuing a ballot paper to a voter, the Polling Officer shall record the serial number thereof against the entry relating to the voter in the copy of the list of voters set apart for the purpose.(5) Save as provided in sub-rule (4) no person in the polling station shall note down the serial numbers of the ballot papers issued to particular voters.56A9. Voting procedure.- The voter on receiving the ballot paper shall forthwith-(a) proceed to one of the polling compartments;(b) there make a mark on the ballot paper with the instrument supplied for the purpose on or near the symbols of the candidate for whom he intends to vote;(c) fold the ballot paper, so as to conceal his vote;(d) if required, show the Presiding Officer the distinguished mark on the ballot paper;(e) insert the folded ballot paper into the ballot box;(f) quit the polling station; and(g) no voter shall be allowed to enter a polling compartment when another voter is inside it.56A10. Procedure for voting where there are no separate constituencies or more than one seat to be filled in one constituency.- In cases where there are no constituencies defined in the bye-laws or where more than one seat is authorised in the bye-laws for a constituency, voting in so far as these seats are concerned shall be recorded in accordance with the following provisions, namely-(a) every voter shall be entitled to give as many votes as there are seats for filling,, which votes are to be taken but no voter shall give more than one vote to any one candidate;(b) the voter shall make a mark on the ballot paper with the instrument supplied for the purpose on or near the symbols of the candidate or candidates for whom he intends to vote, so however, that no part of any mark so made shall appear in the space provided for other candidates. The voter shall thereafter fold the marked ballot paper, so as to conceal his vote and insert the folded ballot paper into the ballot box and without undue delay leave the polling station.56A11. Recording of vote of blind or infirm voter.- (1) If the Presiding Officer is satisfied that, owing to blindness or other physical infirmity, a voter is unable to recognise the symbols on the ballot paper or to make a mark thereon without assistance the Presiding Officer shall permit the voter to take with him a companion of not less than twenty one years of age to the voting compartment for recording the vote on the ballot paper on his behalf and in accordance with his wishes, and, if necessary, for holding the ballot paper so as to conceal the vote and inserting it into the ballot box.Provided that, no person shall be permitted to act as the companion of more than one voter at any polling station on the same day.Provided further that, before any person is permitted to act as the companion of voter on any day under this rule, he shall be required to declare in Form M-12 that he shall keep secret the vote recorded by him on behalf of the voter and that he has not already acted as the companion of any other voter at any polling station on that day.(2) The Presiding Officer shall keep a record in Form M-13 of all such cases under this rule.56A12. Spoilt and Returned ballot papers.- (1) A voter who has inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used as a ballot paper may, on returning it to the Presiding Officer and on satisfying him of the inadvertence, be given another ballot paper and the ballot paper so returned shall be marked 'Spoilt, cancelled' by the Presiding Officer.(2) If a voter after obtaining a ballot paper decides not to use it, he shall return it to the Presiding Officer and the ballot paper so returned shall be marked as 'Returned, cancelled* by the Presiding Officer,(3) All ballot papers cancelled under sub-rule (1) or sub-rule (2) shall be kept in a separate packet.56A13. Tendered votes.- (1) If a person representing himself to be a voter applies for a ballot paper after another person has already voted as such voter, he shall, on satisfactorily answering such questions relating to his identity as the Presiding Officer may ask, be entitled to the following provisions of this rule, to mark a ballot paper (hereinafter referred to as a tendered ballot paper') in the same manner as any other voter.(2) Every such person shall, before being supplied with a tendered ballot paper, sign his name against the entry relating to him in a list in Form M-14.(3) Tendered ballot paper shall be then same as the other ballot papers used at the polling station, except that it shall be: -(a) serially the last in the bundle of the ballot papers issued for use at the polling station; and(b) endorsed on the back with the 'tendered ballot paper' by the Presiding Officer in his own handwriting and signed by him.(4) The voter, after marking a tendered ballot paper in the polling compartment, and folding it, shall, instead of putting it into the ballot box, give it to the Presiding Officer, who shall place it in a cover specially kept for the purpose.56A14. Closing of poll.- (1) The Presiding Officer shall close a polling station at the hour fixed in that behalf under Rule 56K and shall not thereafter admit sany voter into the polling station :Provided that, all voters present at the polling station before it is closed shall be allowed to cast their votes.(2) If any question arises whether a voter was present at the polling station before, it was closed, it shall be decided by the Presiding Officer and his decision shall be final.56A15. Sealing of ballot boxes after poll.- (1) As soon as practicable after closing of the poll, the Presiding Officer shall, in the presence of any candidates or their polling agents, close the slit of the ballot box and where the ballot box does not contain any mechanical device for closing the slip, he shall seal up the slit and also show any polling agents present to affix his seal.(2) The ballot box shall thereafter be sealed and secured.(3) Where it becomes necessary to use a second ballot box by reason of the first box getting full, the first box shall be closed, sealed and secured as provided in sub-rules (1) and (2) before another ballot box is put into the use.56A16. Account of ballot paper.- (1) The Presiding Officer shall at the close of the poll prepare a ballot paper account in Form M-15 and enclose it in a separate cover with the words 'Ballot paper account' superscribed thereon.(2) The Presiding Officer shall permit a polling agent, who so desires to take a true copy of the entries made in the ballot paper account and shall attest it as true copy.56A17. Sealing of other packets.- (1) The Presiding Officer shall then make into separate packets; -(a) the Marked copy of the list of voters;(b) the unused ballot papers;(c) the covers containing the tendered ballot papers and the list of the tendered ballot papers;(d) the list of challenged votes; and(e) any other papers directed by the Returning Officer to be kept in a sealed packet.(2) Each such packet shall be sealed with the seals of the Presiding Officer and those polling agents present, who may desire to affix their seals thereon.56A18. Transmission of ballot boxes, packets etc. to the Returning Officer.- (1) The Presiding Officer shall then deliver or cause to be delivered the following to the Returning Officer at such places as the Returning Officer may direct:-(a) the ballot boxes;(b) the ballot paper account;(c) the sealed packets referred to in Rule 56A-16 of those-rules; and(d) all other papers used at the poll.(2) The Returning Officer shall make adequate arrangements for the safe transport of all ballot boxes, packets and other papers and for their safe custody until the commencement of the counting of votes.56A19. Fresh poll in case of destruction etc. of ballot boxes.- (1) If at any election, -(a) any ballot box used at a polling station is unlawfully taken out of the custody of the Presiding Officer or the Returning Officer or is accidently or intentionally destroyed or lost, or is damaged or tampered with, to such an extent, that the result of the poll at the polling station cannot be ascertained; or(b) any such error or irregularity in the procedure as it likely to vitiate poll is committed at a polling station, the Returning officer (where the District Election Officer, himself is not the Returning Officer) shall forthwith report the matter to the District Election Officer.(2) The District Election Officer upon receipt of such report, or of his own motion in the circumstances stated in sub-rule (1) of this rule after taking into consideration all material circumstances, either;-(a) declare the poll at the polling station to be void, appoint a day and fix the hours, for taking a fresh poll at that polling station and notify the day, so appointed and the hours, so fixed in such manner as may deem fit; or(b) if satisfied that, the result of a fresh poll at that polling station will not, in any way, affect the result of the election or that the error or irregularity in procedure is not material, then he may issue such directions to the Returning Officer or take such action as he may deem proper for the election.(3) The provisions of the Act and the rules or bye-laws made thereunder, shall apply to every such poll as they apply to the original poll.56A20. Counting of votes.- At every election where a poll is taken, votes shall be counted by, or under the supervision and direction of the Returning Officer and each contesting candidate and his counting agents shall have a right to be present at the time of counting.56A21. Admission to the place fixed for counting.- (1) The Returning Officer shall exclude from place fixed for counting of votes all persons except -(a) such persons as he may. appoint to assist him in the counting;(b) persons authorised by the District Election Officer;(c) Public servants on duty in connection with the election; and(d) candidates and their counting agents.(2) No person, who has been employed by the society or has been otherwise working for a candidate in the election, shall be appointed under clause (a) of sub-rule (1).(3) The Returning Officer shall decide, which Counting Agent or Agents shall watch the counting at any particular counting table or group of counting tables.(4) Any Person, who during the counting of votes misconducts himself or fails to obey the lawful directions of the Returning Officer, may be removed from the place where the votes are being conuted by the Returning Officer, or by any police on duty or by any person authorised on this behalf by the Returning Officer.56A22. Scrutiny and opening of ballot boxes.- (1) The Returning Officer may have the ballot boxes used at more than one polling station opened and their contents counted simultaneously.(2) Before any ballot box is opened at a counting table the Counting Agent present at that table shall be allowed to inspect the paper seal or such other seal as might have been affixed thereon and to satisfy themselves that it is intact.(3) The Returning Officer shall satisfy himself that none of the ballot boxes has in fact been tampered with. He shall not count the ballot papers contained in tampered box and shall follow the procedure laid down in Rule 56A-19 in respect of that polling station.56A23. Scrutiny and rejection of ballot papers.- (1) The ballot papers taken out of each ballot box shall be arranged in convenient bundles and scrutinised.(2) The Returning Officer shall reject a ballot paper;-(a) it if bears any mark or writing by which the voter can be identified, or(b) if no vote is recorded thereon, or(c) if votes are given on it in favour of more than one candidate where only one candidate is to be elected, or(d) where more than one candidate is to be elected, if the voter has recorded on the ballot paper more votes than he is entitled to give, or(e) if the mark indicating the vote thereon is placed in such manner as to make it doubtful to which candidate the vote has been given, or(f) if it is a spurious ballot paper, or(g) if it is so damaged or mutilated that its identity as a genuine ballot paper cannot be established, or(h) if it bears a serial number, or is of a design different from the serial number or, as the case may be, design of the ballot papers authorised for use at the polling station.(i) if it does not bear the mark which it have borne under the provisions of sub-rule (3) of Rule 56A-8;Provided that;-(i) where a Returning Officer is satisfied that any such defects as is mentioned in clause (g) or (h) of this sub-rule has been caused by any mistake or failure on the part of the Presiding Officer or the Polling Officer, the ballot paper shall not be rejected merely on the ground of such defect;(ii) a ballot paper shall not be rejected merely on the ground that the mark indicating the vote is indistinct or made more than once, if the intention that the vote shall be for a particular candidate clearly appears from the way the paper is marked;(iii) before rejecting any ballot paper under sub-rule (2) of this rule the Returning Officer shall allow each Counting Agent present a reasonable opportunity to inspect the ballot paper.(3) The Returning Officer shall record on every ballot paper which he rejects the letter 'R' and the grounds of rejection in abbreviated form either in his own hand or by means of a rubber stamp.(4) All ballot papers rejected under this rule shall be bundled together.56A24. Procedure for counting of votes.- (1) Every ballot paper which is not rejected under Rule 56A23, shall be counted as one valid vote provided that, no cover containing tendered ballot papers shall be opened and no such paper shall be counted.(2) After the counting of all ballot papers contained in all the ballot boxes used at a polling station has been completed, the Returning Officer shall make the entries in a result-sheet in Form M-16 and announce the particulars.(3) The valid ballot papers shall thereafter be bundled together and kept along with the bundle of rejected ballot papers in a separate packet which shall be sealed and on which the following particulars shall be recorded, namely :-(a) the name of the constituency;(b) the particulars of the polling station where the ballot papers have been used; and ,(c) the date of counting.56A25. Counting to be continuous.- The Returning Officer shall, as far as particular proceed continuously with the counting of votes and shall, during any intervals when the counting has to be suspended, keep the ballot papers, packet and other papers relating to the election sealed with his own seal and the seals of such candidates or counting agents as may desire to affix their seals and shall cause adequate precautions to be taken for their safe custody during such intervals.56A26. Procedure for counting of votes where there are no Separate constituencies or more than one seat to be filled in one constituency.- In cases where there are no constituencies defined in the bye-laws or where more than one seat is authorised in the bye-laws for a constituency, counting of votes for these seats shall be done in the following manner, namely :(a) The counting of votes shall be done by and under the supervision of the Returning Officer, with the assistance of such persons as he may appoint to assist in the counting of votes.(b) After each ballot box is opened for counting clearly valid voting papers shall be separated from invalid and doubtful voting papers. The invalid and doubtful voting papers shall be submitted to the Returning Officer for decision. The valid voting papers shall thereafter be taken for counting and the votes recorded in favour of each candidate shall be counted with the aid of persons appointed to assist in the counting of votes.(c) The Returning Officer shall allow the candidates and their counting agents, who be present reasonable opportunity to inspect all voting papers which in the opinion of the Returning Officer are liable to be rejected but shall not allow them to handle those or any other voting papers. The Returning Officer shall on every voting paper which is rejected endorse the letter "R" If any candidate or his counting agent questions the correctness of the rejection of any voting paper the Returning Officer shall also record briefly on such voting paper the ground, for its rejection.(d) After the counting of all voting papers contained in all the ballot boxes used has been completed, the Returning Officer shall cause to be sealed up in separate packets with a description endorsed on each such packet of the voting papers counted and that voting papers rejected.(e) The Returning Officer shall as far as practicable proceed continuously with the counting of the votes and shall during any intervals when the counting has to be suspended, keep the voting paper packets and other documents relating to the election sealed with his own seal and the seal of such candidate or Counting Agents as may desire to affix their seals and shall cause adequate precautions to be taken for their safe custody.(f) After the counting of ballot papers contained in all the ballot boxes used at all the polling stations had been completed, the Returning Officer shall prepare a consolidated statement recording therein the total number of votes polled by each candidate.56A27. Recommencing of counting after fresh poll.- (1) If a fresh poll is held under Rule 56A19, the Returning Officer shall after completion of that poll, recommence the counting of votes on the date and at the time and place which have been fixed by him in that behalf and of which notice has been previously given to the candidates.(2) The provisions of Rules 56A-23 and 56A-24 shall apply so far as may be to such further counting.56A28. Recount of votes.- (1) After the completion of counting the Returning Officer shall record in the result sheet in Form M-16 the total number of votes polled by each candidate and announce the same :Provided that, when an equality of votes is found to exist between any candidates either for the reserved or the unreserved seats and the addition of one vote will entitle any of the candidate to be declared elected, the determination of the person or persons to whom such an additional vote shall be deemed to have been given shall be made by lots to be drawn in the presence of the Returning Officer and the candidates who may desire to be present, and in such manner as the Returning Officer may determine.(2) After such announcement has been made, a candidate or, in his absence, his Polling Agent may apply in writing to the Returning Officer for a recount of all or any of the ballot papers already counted stating the grounds on which the demands such recount.(3) On such application being made, the Returning Officer shall decide the matter and may allow the application in whole or in part or may reject totally, if it appears to him to be frivolous or unreasonable.(4) Every decision of the Returning Officer under sub-rule (3) shall be in writing and contain the reasons therefor.(5) If the Returning Officer decides under sub-rule (3) to allow an application either in whole or in part, he shall;-(a) count the ballot papers again in accordance with his decision;(b) amend the result sheet in Form M-16 to the extent necessary after such recount ; and(c) announce the amendment so made by him.(6) After the total number of votes polled by each candidate has been announced under sub-rule (1) or sub-rule (5), the Returning Officer shall complete and sign the result sheet in Form M-16:Provided that, no steps under this sub-rule shall be taken on the completion of the counting until the candidates present at the completion thereof have been given a reasonable opportunity to exercise the right conferred by sub-rule (2).56A29. Declaration of result and publication of names of the members of the committee.- The Returning Officer shall then declare the candidate to whom the highest number of valid votes-has been given as having been elected and certify the return of election in Form M-17 and where the District Election Officer himself is not the Returning Officer shall send signed copies thereof to the District Election Officer. On receipt of the declaration, the District Election Officer shall publish the names of all elected committee members by causing a list of such names together with their permanent addresses and the names of the constituencies from which they are elected on the notice board of his office and shall send a copy thereof to the,registered address of the society concerned for affixing it on the notice board and also for its record. The District Election Officer shall send a list of the elected committee members to the Chief Election Officer.56A30. Return of forfeiture of candidate's deposit.- (1) The deposit made under Rule 56-P shall either be returned to the person making it or representative heir or be forfeited to the State Election Fund in accordance with the provisions of sub-rule (3) of Rule 56A-6.(2) Except in cases hereinafter mentioned in this rule, deposit shall be returned as soon as practicable after result of the election is declared.(3) If the candidate is not-shown in the list of contesting candidates, or he dies before the commencement of the poll, the deposit shall be returned as soon as practicable after the publication of the list or after his death, as the case may be.(4) Subject to the provisions of sub-rule (3), the deposit shall be forfeited to the State Election Fund, if at an election, where a poll has been taken, the candidate is not elected and the number of valid votes polled by him does not exceed one-tenth of the total number of valid votes polled by all the candidates or, in the case of election of more than one member at the election one-tenth of the number of valid votes, so polled divided by the number of members to be elected.56A31. Custody of papers relating to elections.- The Returning Officer shall have the custody of packets referred to in Rule 56A-17 and all other papers relating to the election for a period of 3 months from the date of declaration of result and such packet shall be handed over to the Election Officer.56A32. Production and inspection of election paper.- (1) While in custody of District Election Officer:(a) the packets of unused ballot papers;(b) the packets of used ballot papers, whether valid, tendered or rejected;(c) the marked copies of the voters list, shall not be opened and their contents shall not be inspected by or produced before any person or authority except under the order of the court or other competent authority.(2) All other papers relating to the election shall be open to public inspection.56A33. Disposal of election papers.- The packet referred to in Rule 56A-32 shall be retained for a period of one year and shall thereafter be destroyed subject to any directions to the contrary given by the Court or other competent authority.56A34. Casual vacancies how to be filled in.- In the event of vacancy occurred on account of death, resignation or otherwise, it shall be filled in by the society, according to the provision of bye-laws of the society.56A35. Election of office bearers.- As soon as the members of the committee are elected and necessary co-option or appointment as the case may be of members to the reserved seats under Section 73B or 73BB as the case may be or wherever such* election is due, the election of the officer or officers of any such notified society shall be held as provided in its bye-laws but any meeting of the committee for this purpose be presided over by the Registrar or as Officer nominated by him in this behalf. |
Chapter VI
Management of Societies
57. Prohibition against being interested in contracts etc.
57A. [ Motion of no-confidence against the officers of the society. [Inserted by C.N. No. CSL./1186/134313/132/ISC (i), dated 16-10-1987.]
- (i) The requisition to call the special meeting of the committee of a society to consider a motion of no-confidence against the President, Vice-President, Chairman, Vice-Chairman, Secretary, Treasurer or other officer of the society, by whatever designation called, who holds office by virtue of his elections to that office, shall be made in Form M-18. The requisition shall be accompanied by;-(a)the grounds of no-confidence;(b)the text of the motion of no-confidence to be moved;(c)the name of the committee members who shall move the motion of non-confidence;(d)a list of members of the committee specifying their full names, and address who are, for the time being, entitled to sit and vote at any meeting of the committee;(e)signatures of the members of the committee who are signing the requisition duly attested by the Chief Executive Officer of the society or Special Executive Magistrate or Executive Magistrate or any Gazetted Officer of the Government.58. [ Disqualification of committee and its members. [Substituted by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).]
- When on communication by the Chief Executive Officer of society or otherwise, the Registrar comes to know that any member of the committee incurs disqualification as mentioned in section 73 CA and the Bye-laws, the Registrar shall, after giving an opportunity of being heard, issue an order of cessation of membership of such member from the committee of the society:Provided that, the Registrar shall decide the matter within sixty days from the date of such communication or otherwise.]58A. [ [Deleted by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).]
****.]| 58A. [ Bond to be executed by elected Members of Managing Committee. [Rule 58A was added by G.N. of 18.2.2002]- Every elected member of the Managing Committee shall execute a bond in Form M-20 within fifteen days of his assuming the office. Such bond shall be executed on the stamp paper as provided under the Bombay Stamp Act, 1958. The expenditure on stamp paper shall be borne by the society. The Chief Executive Officer/Secretary of the society shall receive such bonds and keep them on record of the society and accordingly inform the Registrar within fifteen days from formation of the Committee.] |
59. [First general body meeting] [Substituted 'First general meeting' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).].
59A.
2. [ [Deleted by G.N. of 18.6.1980]
* * * * * * *]59B.
2. [ [Deleted by G.N. of 18.6.1980]
* * * * * * *]60. General meetings.
61. Annual statements of accounts including balance sheet, etc.
- Within forty-five days of the close of every co-operative year, [***] [Deleted 'or within such extended period as may be specified by the Registrar, in the case of any society or class of societies,' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] the committee of every society shall prepare annual statements of accounts showing;-62. Form for the balance sheet and the profit and loss account.
63. Power to call annual and special general meeting.
- If the annual general meeting of a society is not called in accordance with the provisions of Section 75 or if the Chairman or a majority of the committee of the society fail to call a special general meeting in accordance with the provisions of Section 76, the Registrar may authorise any person subordinate to him or any officer or employee of a federa1 society to call the annual general meeting or the special general meeting, as the case may be, and such officer or person shall have all the powers and functions of the officer of the society authorised to convene such annual or special general meeting, under its bye-laws.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).]
64. Procedure for appointment, suspension, and removal of members of the committee and other officers, etc.
65. Accounts and books to be kept.
- [(1)] [Rule 65 was renumbered as sub-rule (1) by G.N. No. CSL 1186/134313/132/ISC (i), dated 16.10.1987] Every society shall keep the following accounts and books, [registers, documents, lists, forms, returns, in such form including electronic or any other form, namely:-] [Inserted by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).]66. [ Copies of monthly returns to be furnished to Registrar. [Rule 66 was substituted by G.N. of 18-12-1979]
- All Registered Co-operative Societies classified by the Registrar as Central Banks or as Urban Banks shall furnish to the Registrar every month a copy of each of the returns required to be furnished to the Reserve Bank of India under Sections 18, 24 and 27 of the Banking Regulation Act, 1949 (10 of 1949).]67. Registrars power to enforce performance of obligations.
67A. [ Directions of Registrar to the society to make regulations on certain matters. [Rule 67-A was added by G.N. No. CSL 1186/134313/132/ISC (i), dated 16.10.1987]
68. Procedure to be adopted for taking possession of books, documents, securities, cash and other properties of society.
Chapter VII
Audit, Inquiry, Inspection and Supervision
69. Procedure for appointment of auditors and for conducting audit.
- [(1) (a) The audit of accounts of the societies shall be conducted by the auditor or auditing firm appointed by the society in its annual general body meeting within the period specified in the Act, from the panel of auditing firms or auditors whose names are listed as on the date of annual general body meeting and is approved by the State Government or authority authorized in this behalf.Explanation. - For the purpose of this rule, Audit shall include annual, test, cost or performance, special and re-audit.(b)Audit of the society shall be completed within four months from the close of the financial year and the report, also in Compact Disc shall be submitted to the society and the Registrar as specified in sub-section (5B) of section 81 of the Act, and also Part A of audit report, audit certificate and audited financial statements shall be uploaded by auditor on official website of Co-operation Department :Provided that, Apex Societies shall submit copies of audit report as specified by the Registrar to be laid before the State Legislature.(c)Every apex society shall submit to the Registrar, required copies of audit memorandum in both Marathi and English, in print and compact disk form within sixty days from receipt of audit memorandum from the auditor of the society for each financial year. The Registrar shall submit these copies of audit memorandum received from such society to the State Government to be laid before the State Legislature :Provided that, if any apex society fails to submit required copies of audit memorandum as mentioned in clause (c) of this sub-rule in due time, the said society shall submit reasons thereof in writing to the Registrar. The Registrar shall submit reasons in writing received from the said society to the State Government to be laid before the State Legislature.(d)Before appointing the auditor or the auditing firm, the society shall ensure that, the auditor or the auditing firm proposed to be appointed for conducting its audit has not accepted the societies for audit exceeding the limit prescribed under the Act.(e)Qualifications and experience of the auditor shall be as specified in Explanation - I to sub-section (1) of section 81.(f)The Registrar shall prepare, declare and maintain the panel of auditors and auditing firms from time to time in the following manner,-(i)the Registrar shall call applications before the specified date as declared in the notice for empanelment from eligible auditors and auditing firms by a public notice to be displayed on the official website of the State Government and in any other mode, if required. Such notice shall also be published on the notice board of the office of the Registrar and District Deputy Registrars.(ii)Every applicant shall submit only one application to the office of the concerned District Deputy Registrar of the District, where he ordinarily resides.Applications received shall be scrutinized by the Committee presided over by the District Deputy Registrar consisting of the District Special Auditor of the District, representative of the Chartered Accountants of the District, representative of the Certified Auditors of the District as members and the Assistant Registrar (Administration) of the District shall function as Member Secretary of the said committee.(iv)After scrutiny, the District Deputy Registrar shall submit list of eligible applicants to the Registrar alongwith their applications and documents. The Registrar may scrutinize the applications recommended by the District Committee.(v)Any aggrieved applicant may approach to the Grievance Redressal Committee headed by the Divisional Joint Registrar, Divisional Joint Registrar (Audit), as member and Divisional Deputy Registrar of the Division shall function as Member Secretary of the said Committee and the decision of the Committee shall be final.(vi)The Registrar shall cause to display a approved list of auditors and auditing firms panel on the official website of the Government.(vii)the Registrar shall classify the societies and auditors for the purpose of audit in the following manner, namely :-Classification of Auditors and Societies[under section 81 and Rule 69 (1) (f) (vii)]TABLE - A| Class | Discriptions of Auditors | Societies to be Audited |
| (1) | (2) | (3) |
| A | Chartered Accountant Firm CharteredAccountant having at least 5 years experience in audit ofco-operative Societies. | (1) Maharahstra State Co-operative Bank * |
| Joint Registrar (Audit) and Special AuditorClass-I who was completed probation period successfully. | (2) District Central Co-operative Bank | |
| (3) Urban Co-operative Banks having Depositsmore than Rs. 25 Crores. | ||
| (4) Salary Earners Co-op. Banks | ||
| (5) Maharashtra State Co-operative MarketingFederation * | ||
| (6) Maharashtra State Co-operative CottonGrover's Federation.* | ||
| (7) Maharashtra Rajya Dudh Sangh (Mahananda) * | ||
| (8) Maharashtra State Co-operative Agricultureand Rural Multipurpose Development Bank | ||
| (9) Maharashtra State Co-operative HousingFinance Corporation. | ||
| (10) Maharashtra State Tribal DevelopmentCorporation | ||
| (11) Maharashtra Rajya Sahakari Sangh andDivisional Co-operative Board. | ||
| (12) Maharashtra State Co-operative FisheriesFederation | ||
| (13) Maharashtra State Co-operative ConsumerFederation | ||
| (14) Maharashtra State Co-operative SpinningMill Federation. | ||
| (15 Maharashtra State Co-operative Power loomFederation | ||
| (16) Maharashtra State Co-operative TextileFederation | ||
| (17) Maharashtra State Co-operative HandloomFederation | ||
| (18) Maharashtra State Co-operative CottonGrovers Processing Societies. | ||
| (19) Maharashtra State Co-operative LabourSocieties Federation. | ||
| (20) Maharashtra State Co-operative BankAssociation | ||
| (21) Maharashtra State Co-operative CreditSocieties Federation. | ||
| (22) Maharashtra State Co-operative JungalKamgar Federation. | ||
| (23) Maharashtra State Co-operative SugarFactories Federation. | ||
| (24) Maharashtra State Co-operative SugarIndustries Development Societies. | ||
| (25) Maharashtra State Co-op. Cadre Federationand District Coop Cadre Board. | ||
| (26) Maharashtra State Co-op. IndustrialSocieties Federation. | ||
| (27) Other National and State level Co-op.Federation not mentioning above. | ||
| (28) Co-operative Spinning Mill/ Weaving Mills | ||
| (29) Co-operative Sugar Factories | ||
| (30) District Co-operative Milk Union | ||
| (31) District Co-operative Agriculture andRural Multipurpose Development Bank. | ||
| (32) Any other society specified by Registrarfrom time to time. |
| Class | Descriptions of Auditors | Societies to be Audited |
| (1) | (2) | (3) |
| B | Chartered Accountant having at least one yearexperience in audit of Co-operative Societies. | (1)Urban Co-operative Bank having deposits upto Rs. 25 Crores. |
| SpecialAuditor Class - 2, Auditor Grade - I who was completed probation period successfully. | (2) Urban Co-operative Credit Society and Ruralnonagricultural credit society having deposit 10 crores andabove. | |
| CertifiedAuditor having at least 10 years experience in audit of Co-operative Societies | (3) Salary earners Co-operative Credit Societyhaving working capital 10 crores and above. | |
| (4) Co-operative Starch Factories | ||
| (5) Co-operative Industrial estates. | ||
| (6) District Co-operative Labour Federation | ||
| (7) Sales and Purchase Co-operative Unions(District and Taluka). | ||
| (8) Housing societies having 100 and moremembers | ||
| (9) Co-operative Jinning and Pressing Societies/Rice Mills and Oil Mills. | ||
| (10) Primary Co-operative Dairy Societieshaving turnover above Rs. 50 lacs. | ||
| (11) Primary Co-operative Poultry and piggeryand livestock Societies having turnover above Rs. 25 lacs. | ||
| (12) Primary Co-operative Fisheries Societieshaving turnover above Rs. 50 lacs. | ||
| (13) District / Central Weavers Co-op.Societies. | ||
| (14) District and Central Co-op. Consumersstores | ||
| (15) Co-operative Hospital | ||
| (16) Mula Pravara Electric Society and OtherElec. Societies. | ||
| (17) District Co-operative Board | ||
| (18) District Housing Federation | ||
| (19) Other District Federal Societies notmentioned above | ||
| (20) Any other society specified by Registrarfrom time to time. Special Auditor |
| Class | Descriptions of Auditors | Societies to be Audited |
| (1) | (2) | (3) |
| C | Certified Auditor having at least 3 yearsexperience in audit of Co-operative Societies. | (1) Primary Agricultural and Co-operativeCredit Societies (PACs) and Primary Krushak and Adiwasi Seva /Grain Bank. |
| Auditor Grade - 2 and Sub - Auditor who wascompleted probation period successfully. | (2) Urban Co-operative Credit Societies andRural nonagricultural credit societies having deposits less thanRs. 10 crores. | |
| (3) Salary earners societies having workingcapital less than Rs.10 crores. | ||
| (4) Primary Co-operative Dairy Societies havingturnover less than Rs. 50 lacs. | ||
| (5) Primary Co-operative Poultry, Piggery andLivestock Societies having turn over less than Rs. 25 lacs. | ||
| (6) Primary Co-operative Fisheries Societieshaving turnover less than Rs. 50 lacs. | ||
| (7) Sugarcane supply cooperative societies /Transport Coop. societies. | ||
| (8) All Farming Co-operative Societies | ||
| (9) Housing societies having less than 100members | ||
| (10) Lift irrigation societies | ||
| (11) Labour contract societies | ||
| (12) Forest Labour Co-operative Societies | ||
| (13) All types of Primary Marketing Societiesand Food Processing Societies. | ||
| (14) Primary Weavers Co-op. Societies (Handloomand Power loom). | ||
| (15) Primary Industrial Co-op. Societies. | ||
| (16) BLVA societies | ||
| (17) Primary consumers Co-operative Societies. | ||
| (18) Social service societies and unemployedyouth co-operative Societies. | ||
| (19) Taluka supervisory unions. | ||
| (20) Any other society specified by Registrarfrom time to time. |
70. Requisition of the federal society for inquiry.
- Any federal society duly authorised by a resolution of its committee, may submit a requisition to the Registrar to hold an inquiry under Section 83 in respect of any society affiliated to it, duly setting out the grounds on which the inquiry is sought. A copy of such requisition shall be supplied to the society in respect of which the requisition is made.71. Procedure and principles for the conduct of inquiry and inspection.
72. Procedure for assessing damages against delinquent promoters, etc. under Section 88.
73. Form of Rectification Report.
- On receipt of an order, directing a society or its officers to rectify the defects and remedy the irregularities, issued by the Registrar under Section 82 and on receipt of an order issued by the Registrar under Section 87, the society shall, subject to the provisions of sub-sections (2) and (3) of Section 87, submit to the Registrar [and the auditor concerned] [Inserted by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] a rectification report in Form O. The society shall continue to submit such rectification reports to the Registrar [and the auditor concerned] [Inserted by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).]till all the defects are rectified or the irregularities are remedied to the satisfaction of the Registrar.74. [ Remuneration of the auditor. [Substituted by Notification No. CSL-014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).]
Chapter VIII
[Disputes and Co-operative Courts] [Substituted by G.N. of 14-2-1975.]
[75 and 76. [Deleted by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).]***.] [Substituted by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).]| 75. Reference of Dispute.- A reference of a dispute under Section 91 shall be made in writing to the Registrar in Form P. Wherever necessary, the Registrar may require the party referring the dispute to him to produce a certified copy of the relevant records on which the dispute is based and such other statements or records as may be required by him, before proceeding with the consideration of such reference.76. [ Registrars satisfaction regarding existence of a dispute. [Substituted by G.N. of 14-2-1975.]- Where any reference of a dispute is made to the Registrar or any matter is brought to his notice, the Registrar shall, on the basis of the reference (if any) made to him in Form P and the relevant records and statements submitted to him, record his decision together with the reasons therefor, whether he is or is not satisfied about the existence of a dispute within the meaning of Section 91. Such recording of decision shall be sufficient proof of the Registrars satisfaction that the matter is or is not a dispute, as the case may be.] |
77. [ Disposal of a dispute by Co-operative Court. [Substituted by Notification No. CSL-014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).]
- The Co-operative Court shall not take up for consideration any dispute, unless the parties concerned comply with the conditions of payment of the necessary Court fees for determining the dispute.]77A. [ Qualifications of Judges of Co-operative Courts, and their appointment. [Sections 77A to 77F were added by CSL 1174/17419-C-5, dated 14.2.1975, M.G.G. Part IVB, p. 331.]
77B. Age limit for Judges.
77C. Conditions of service of Judges.
- If a Judge of a Co-operative 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 [Maharashtra] [Substituted 'Bombay' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] Civil Services Rules and other rules made by the State Government from time to time.77D. Holidays and Vacations.
- Save as otherwise directed by the State Government, the holidays to be observed in the Co-operative Courts shall be the same as are observed in the local Government offices. The period of vacation (if any) for the Co-operative Courts shall be such as the State Government may determine.77E. Procedure for hearing and decision of disputes.
77F. Summary procedure for deciding disputes.
77G. [ Procedure for transfer of disputes for mediation. [Inserted by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).]
- Where under the provision in clause (iv) of sub-section (3) of the section 93 the Co-operative Court has referred the dispute for mediation, the compromise may be effected between the parties to the dispute and in the matter the provisions of Civil Procedure Mediation Rules, 2006 shall apply.]78. Summons, notices and fixing of dates, place, etc. in connection with the disputes.
79. Investigation of claims and objections against any attachment.
- Where any claim or objection has been preferred against the attachment of any property under Section 95, on the ground that such property is not liable to such attachment, the Registrar, [or, as the case may be, the Co-operative Court] [Amended by G.N. of 14-2-1975.] shall investigate into the claim or objection and dispose it of on merits :Provided that no such investigation shall be made when the Registrar [or the Co-operative Court] [Amended by G.N. of 14-2-1975.] considers that the claim or objection is frivolous.80. Procedure for the custody of property attached under Section 95.
81. Procedure for attachment and sale of property for realisation of any security given by person in course of execution proceedings.
- The procedure laid down in Rules 80 and 83 shall mutatis mutandis apply for attachment and sale of property for the realisation of any security given by a person in the course of execution proceedings.82. Issue of proclamation prohibiting private transfers of property.
- The Registrar or Liquidator when acting under clause (a) of Section 98 shall, at the time of signing a certificate affecting any property, issue proclamation in Form Q and in the case of immovable property shall also forward a copy of the proclamation to the Mamlatdar, Mahalkari or Tahsildar or any other revenue officer within whose jurisdiction the property is situated, who shall cause an entry about such certificate to be made in the Record of Rights.83. Procedure for execution of awards.
84. Execution of awards or orders in special cases.
- Subject to the provision of Section 98, the Registrar may, by an order in writing specially authorise any officer of the Co-operative Department or any officer [of the concerned society or,] [Inserted by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] of a federal society or a Central Bank, on an application made by it, to call for and send awards or orders obtained by any society for execution. The society or societies in respect of which these powers are to be exercised shall be specified in the order.85. Transfer of property which cannot be sold.
| (i) | Simple money claims | |
| (a) | When the amount of the claim in Dispute does notexceed Rs. 1,00,000/- | Two percent or Rs. 100/- whichever is higher. |
| (b) | When such amount exceeds Rs. 1,00,000/-but doesnot exceed Rs 5,00,000/- | Rs. 2000/- plus one percent of the amount ofclaim in dispute exceeds Rs. 1,00,000/-, subject to the maximumof Rs. 6,000/- |
| (c) | When such amount exceeds Rs. 5,00,000/- | Rs. 6,000/- plus ½ percent of the amountof claim in dispute exceeds Rs. 5,00,000/- subject to the maximumof Rs. 25,000/- |
| (ii) | Complicated money claims .- | |
| (a) | When the amount of the claim in Dispute does notexceed Rs. 1,00,000/- | Two and half percent or Rs. 200/-whichever is higher. |
| (b) | When such amount exceeds Rs. 1,00,000/- but doesnot exceeds Rs. 5,00,000/- | Rs. 2500/- plus two percent ofthe amount of claim in dispute exceeds Rs. 1,00,000/- subject tothe maximum of Rs. 10500/- |
| (c) | When such amount exceeds Rs. 5,00,000/- | Rs. 10500/- plus one percent of the amount ofclaim in dispute exceeds Rs. 5,00,000/- subject to the maximum ofRs. 40,000/- |
| (i) | Application, appeal, review and revisionapplication presented before the concerned authority or Courtunder the Act and the Rules | Rs. 100/- |
| (ii) | Any other dispute under section 91 (excludingmoney claim) | Rs. 5,000 |
| Proper Court Fees Rs. | |
| (i) Vakalatnama | 10 |
| (ii) Application for adjournment | 25 |
| (iii) Application for interim stay of relief | 100 |
| FeeRs. | ||
| (i) | Application,appeal, review and revision application presented before theconcerned authority the Act and the Rules. | Rs.100/- |
| (ii) | ProcessingFee for respondent in respect of application appeal, petition,review and revision, application, etc. presented before theconcerned authority. | Rs.100/- per respondent |
Chapter IX
Liquidation
87. Mode of communication of an interim order under Section 102.
- An interim order under clause (a) or sub-clause (iv) of clause (c) or sub-section (1) of Section 102 shall call upon the society in respect of which the order is made to submit its explanation to the Registrar within one month from the date of issue of such order and shall be communicated by registered post (with acknowledgement due) to the society by the Registrar.88. Cost of hearing appeal.
- No appeal from a member under Section 104 shall be entertained unless it is accompanied by [rupees one hundred] [Substituted 'Rs.25' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] or such higher amount not exceeding [rupees two thousand five hundred] [Substituted 'Rs.500' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] as may be directed by the appellate authority as security for the costs of hearing the appeal.89. Appointment of Liquidator and the procedure to be followed and powers to be exercised by him.
- The following procedure shall be adopted for the appointment of the Liquidator and for the exercise of his powers, namely :-90. Disposal of surplus assets.
- Where the Registrar has to divide the surplus assets amongst members of the society which has been wound up, he shall divide them in proportion to the share capital held by each of such members or in any other suitable manner sanctioned by the State Government in special cases.91. Interest on amounts due from a society under liquidation.
- The creditor of a society, which is being wound up, may apply to the Liquidator for payment of interest on any debt due from the society up to the date of the Registrars order for winding up. The rate at which interest shall be paid shall be in the case of the Maharashtra State Co-operative Bank or a Co-operative Bank permitted by the Registrar to finance societies, the contract rate and in any other case the rate which may be fixed by the Registrar which shall not exceed the contract rate-Provided that, if any surplus assets remain after all the liabilities, including liabilities on shares, have been paid off. Further interest on such debts at a rate to be fixed by the Registrar but not exceeding the contract rate may be allowed to the creditors from the date mentioned above up to the date of the repayment of the principal.92. Disposal of records of society whose registration is cancelled.
Chapter X
Land Development Banks
93. [ Procedure for submission and consideration of applications for loans from Co-operative Agriculture and Rural Multipurpose Development Bank. [Substituted by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).]
| Loan amount | Fees to be paid in Rs. |
| Up to Rs. 5,000 | 5 |
| Rs.5,001 to Rs.15,000 | 20 |
| Rs.15,001 to Rs.30,000 | 30 |
| Rs.30,001 to Rs.50,000 | 50 |
| Rs.50,001 and above | 100 |
94. Registration of copies of instruments under Section 122.
- Copies of instruments referred to in Section 122, duly certified by the Manager of the [Co-operative Agriculture and Rural Multipurpose Development Bank] [Substituted 'Land Development Bank' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).], shall be sent by the Land Development Bank to the Registering Officer concerned within a period of three months from the date of execution of the instruments, by registered post or by hand delivery.95. Authority to [Cooperative Agriculture and Rural Multipurpose Development Bank] [Substituted 'Land Development Bank' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] to exercise power under Section 133(1).
- The authorisation for the purposes of clause (a) of the proviso to subsection (1) of Section 133 shall be granted to the [Co-operative Agriculture and Rural Multipurpose Development Bank] [Substituted 'Land Development Bank' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] by the Registrar after hearing the objections, if any, of the mortgagor or mortgagors concerned.96. Appointment of Receiver and his powers under Section 133.
97. Appointment, qualifications and powers and functions of a [recovery officer] [Substituted 'sale officer' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] under Section 133.
- A [Co-operative Agriculture and Rural Multipurpose Development Bank] [Substituted 'Land Development Bank' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] may, from time to time, by a resolution of its committee, appoint any of its officers or any other person as a [recovery officer] [Substituted 'sale officer' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).], with the approval of the Registrar, for the purpose of effecting sale of mortgaged property under Section 133. Such [recovery officer] [Substituted 'sale officer' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] shall exercise the same powers and functions as are conferred upon a Recovery Officer and a [recovery officer] [Substituted 'sale officer' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] under these rules.98. Procedure for distraint and sale of the produce of the mortgaged land and sale of mortgaged property.
- The procedure laid down in Rule 107 shall mutatis mutandis apply for the distraint and sale of the produce of the mortgaged land and the sale of mortgaged property under Sections 132 and 133:Provided that, in the case of sale of mortgaged property, the notice of demand for the payment of the mortgage money or part thereof, as the case may be, as also the notice for the sale of the mortgaged property in the event of the payment not being made within the time allowed, shall be served upon the mortgagor or each of the mortgagors and also upon the following persons, namely :-99. Circumstances under which the [State Co-operative Agriculture and Rural Multipurpose Development Bank] [Substituted 'State Land Development Bank' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] or the Trustee may take action under Section 133(2).
100. Submission of report for confirmation of sale under Section 134.
101. Certificate of purchase.
- The certificate to be granted by a [Cooperative Agriculture and Rural Multipurpose Development Bank] [Substituted 'Land Development Bank' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] under sub-section (1) of Section 136 shall be in Form 'T'.102. Sale of immovable property purchase by a [Co-operative Agriculture and Rural Multipurpose Development Bank] [Substituted 'Land Development Bank' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).].
103. Certain provisions of Rule 107 to apply to sale of immovable property under Chapter XI of the Act.
Chapter XI
Appeals, Review and Revision
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.]
105. Constitution of authority by the State Government to hear appeals which lie to that Government.
- The appeals which lie to the State Government under the Act may be heard by [the Secretary, the Additional Secretary or any of the Deputy Secretaries to Government, Co-operation and Rural Development Department.] [Substituted by G.N. of 15.12.1962.]106. Procedure for presentation to and disposal of appeals by State Government and Registrar under Section 152.
106A. [ Procedure for presentation to and disposal of revisions by state Government and the Registrar under Section 154. [Inserted by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).]
- The provisions of rule-106 shall apply mutatis-mutandis for presentation to and disposal of revisions by state Government and the Registrar under section 152 of the Act.]Chapter XII
Miscellaneous
107. [ Procedure for attachment and sale of property under Section 156. [Substituted by G.N. of 8.11.1971.]
107A. [ Maximum rates of travelling allowance and daily allowance and sitting fees, etc for members of Committees. [Substituted by G.N. of 18.2.2002 (M.G.G. Part IVB, Extraordinary, p. 201.).]
- Subject to the provisions of section 160-A, no member of a committee of any society shall be entitled to receive from the society travelling allowance, daily allowance and sitting fees, which are paid to the members for attending meetings of its committees, or for preforming any other functions as such members entrusted to them by the society at the rates higher than the rates specified below, -| Class of society which the member of thecommittee belongs | Ordinary Rate of daily allowance for area otherthan Mumbai | Special rate od daily allowance | For Delhi and other States | Daily allowance for staying in hotels chargingTariffs, area as per cols. (3) (4) & (5) | |||
| For Corporation area | For Mumbai Corporation area | Area in col. (3) | Area in cols (4) & (5) | ||||
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | |
| (Rs.) | (Rs.) | (Rs.) | (Rs.) | (Rs.) | (Rs.) | ||
| 1. | All societies the area of operation of which extends to thewhole of State of Maharashtra or working capital of which isrupees fifty crores or above. | 150 | 225 | 300 | 360 | 300 | 450 |
| 2. | All societies the area of operation of which extends to adivision or a district or working capital of which is aboverupees five crores but below rupees fifty crores. | 135 | 195 | 270 | 330 | 270 | 405 |
| 3. | All societies the area of operation of which extends to aTahsil and working capital of which is above rupees fifty lakhsbut below rupees five | 120 | 165 | 255 | 300 | 225 | 375 |
| 4. | All other Societies | 90 | 150 | 225 | 270 | 210 | 300 |
| Duration of absence | Daily allowances |
| Upto 6 hours | ... 30 per cent. of the admissible rate |
| 6 to 12 hours | ... 50 per cent. of the admissible rate |
| More than 12 hours | ... Full daily allowance |
| Class of the society to which the member of theCommittee belongs | Rate of sitting fee | |
| (1) | (2) | |
| 1. | All Societies the area of operation of which extends to thewhole of the State of Maharashtra or working capital of which isrupees fifty crores or above. | 375 |
| 2. | All Societies the area of operation of which extends to adivision or a district or working capital of which is aboverupees five crores but below rupees fifty crores. | 300 |
| 3. | All Societies the area of operation of which extends to aTahsil and working capital, of which is above rupees fifty lakhsbut below rupees five crores. | 225 |
| 4. | (i) All other Societies with working capital of rupees fiftylakhs or above. | 90 |
| (ii) All Societies the authorised capital of which is rupeestwenty-five lakhs but less than rupees fifty lakhs. | 75 | |
| (iii) All other Societies | 30] |
107B. [ Security to be furnished by officers and employees of societies handling cash, etc. [Added by G.N. of 8-11-1971.]
- Every officer or employees of a society who is required to handle cash securities or property belonging to the society, [shall furnish security which shall not be less than that shown as under]: -| Amount of security to be furnished by | Nature of security to be furnished | ||||
| An officer | Any other employee | ||||
| Rs. | Rs. | ||||
| (1) | If the paid up share capital of the society towhich the security is to be furnished is Rs. 1.50 lakhs or less. | 1,000 | 500 | (a) (i) | Cash security of Rs. 200 and |
| (ii) | for the remaining amount in the form ofpersonal security of fidelity guarantee policy or | ||||
| (b) | Full amount in cash or in the form ofGovernment securities or postal saving certificates, dulyendorsed in favour of the society. | ||||
| (2) | If the paid-up share capital of the society towhich the security to be furnished is above Rs. 1.50 lakhs. | 2,000 | 1,000 | Do. |
107C. [ Maximum amount of cash which may be handled at a time and who may be authorized. [Substituted by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).]
| I | Primary Societies | Rs. |
| (1) | Agricultural Processing Societies, the paid upshare Capital of which is more than Rs. 5 lakhs | 50000 |
| (2) | Spinning Mills | 100000 |
| (3) | Sugar factories | 500000 |
| (4) | Consumers Societies | 50000 |
| (5) | Dairy Societies | 5000 |
| (6) | Agricultural Credit Societies | 10000 |
| (7) | Fisheries Societies | 10000 |
| (8) | Industrial Estate | 10000 |
| (9) | Forest Labour Societies | 10000 |
| (10) | Labour Contract Societies | 1,000 |
| (11) | Salary Earners or other Urban Credit Societies | 25000 |
| (12) | Farming Societies | 10000 |
| (13) | Lift Irrigation Societies | 10000 |
| (14) | Industrial Societies | 10000 |
| (15) | Weavers Societies | 10000 |
| (16) | Housing Societies | 10000 |
| (17) | All other societies excluding above | 10000 |
| II | Societies at Taluka level | |
| (1) | Taluka co-operative Purchase and sale Societies | 10,000 |
| (2) | Taluka Co-operative Supervising Unions | 500 |
| (3) | Taluka level federal societies | 10000 |
| III | District Level Federal Societies | |
| (1) | District Marketing Societies | 50000 |
| (2) | District Wholesale Consumers Stores | 100000 |
| (3) | District and Divisional Level Federal Societiesother than District Central Co-operative Banks and DistrictCooperative Agricultural and Rural Multipurpose DevelopmentBanks. | 10000 |
| III | State Level Federal Societies | 50000 |
108. [ Contributions, fees and charges to be credited to Government. [Substituted by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).]
- When Government auditor is appointed by the society, all contributions made under sub-section (2) of section 90, all fees paid under sub-section (3) of section 108, charges levied under rule 74, shall be credited to the State Government.]109. Communication of decision, award, etc.
- Any order, decision or award required to be communicated under the Act or these rules shall, unless otherwise specifically provided in the Act or the Rules, be [sent] [Substituted 'posted' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] to the last address of the party as given by the party [***] [Deleted 'under the certificate of posting' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] and under intimation to the society, with instructions to display a copy thereof on its notice board.110. Repeal of Bombay Co-operative Societies Rules.
- The Bombay Cooperative Societies Rules, 1927 are hereby repealed, except as respects thing done or omitted to be done before the repeal thereof.[Form 'A'] [Substituted 'Form No. A to J' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).][See section 8 and Rule 4(1)]Application for Registration of SocietyPlace :.Date :To,The Special /Additional/Divisional Joint / Dist. Deputy/ Deputy/Assistant/Registrar,* Co-operative Societies, ....................We submit herewith a proposal for registration of the following society along with enclosures as indicated herein;2. We also declare that the information given herewith, including that in the enclosures, is correct to the best of our knowledge: -
3. We are sending four copies of the proposed by-laws signed by the applicants (not less than 10).
| Serial No. | Full Name | Whether individual or corporate body | Age | Nationality | Profession |
| (1) | (2) | (3) | (4) | (5) | (6) |
| 1. | Chief Promoter | ||||
| 2. | |||||
| 3. | |||||
| 4. | |||||
| 5. | |||||
| 6. | |||||
| 7. | |||||
| 8. | |||||
| 9. | |||||
| 10. | |||||
| Place of residence, Ward/ village taluka andDistrict | Amount subscribed to entrance fees | Amount subscribed to share capital | Whether signatory of the application is a memberof his family | In the case of society, whether he is a memberof the committee of that society |
| (7) | (8) | (9) | (10) | (11) |
| 1. Chief Promoter ……………………… | 6. …………………………………… |
| 2. ……………………………….............. | 7. ……………………………………… |
| 3……………………………………………. | 8. ……………………………………… |
| 4. …………………………………………… | 9. ……………………………………… |
| 5. ………………………………………….. | 10. ……………………………………… |
| Serial No. | Name of the proposed society | Place village, Ward/ Taluka and District | Date of Receipt | Date of acknowledgement | How received (by post/ hand delivery) | No. and date on which additional information iscalled |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) |
| Prescribed date by which information is called | Date on which information received | No. and date of the report, if any, sentGovernment if the society is not registered within two months | No. and date | Initials | Remarks |
| of registrati on | of order which registrati on is refused | ||||
| (8) | (9) | (10) | (11) | (12) | (13) |
2. In the circumstances, I would request that Government may please be moved to allow me to register the society after the above requirements is /are fulfilled within a further period up to.
...........................................Assistant / Deputy / District Deputy / DivisionalJoint/ Addition/ Special Registrar ofCo-operative Societies.Submitted through the District Deputy/Divisional Joint/Additional/Special Registrar/ Registrar of Co-operative Societies for onward transmission to Government.Note : The reasons for delay to be given in the body of the letter should be self-explanatory. Any other reasons, if any, for the delay in registering of the society should also be mentioned.Form 'D'[See section 9 and rule 11(1)]Register of Co-operative Societies registered or deemed to be registered under the Act| Part………………………… | District…………………… | ||||||
| Registered Serial No. | Full name and address of the Society | Ward/ Taluka /District | Date of registration | File No. | Class of society as per Section | Subclasses | Page No. and date of Government Gazettenotifying registration |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) |
| Initials of Registrar | Date of winding-up by the Registrar | Page No. and date of Government Gazettenotifying winding up | No. and date of cancellation | Initial of the officer authorised by theRegistrar to keep the register | Remarks |
| (9) | (10) | (11) | (12) | (13) | (14) |
| No. ................. | -------------------------- Registrar ofCo-operative Societies. |
| Date............... |
| Serial No. | The exact wording of existing by-law | By-law as it would read after amendment | Exact wording of by law, if it is a new one | Reasons why amendment is considered necessary |
| (1) | (2) | (3) | (4) | (5) |
2. If no option is exercised and if no objection is received within one month, it will be assumed that the interested persons have assented to the decision.
Place :Date :Board Secretary / Honorary Secretary/Chief Executive OfficerBy order of the Board/ Managing Committee ........................... Co-operative Society Ltd.Form 'H'[See section 19 and rule 18 (1)]Application for reconstruction of a societyToThe ..............................Registrar of Co-operative Societies,In the special general meeting of ............................................................................. Society at.......................Taluka.....................District.......................called for the purpose of reconstruction of the society, the society has approved a compromise / arrangement with its creditors and / or members on the following lines :----1. Full name beginning with Surname
2. Address (Residential)
3. Occupation/Service/Business/Profession.
4. Address (Service/Business/Profession).
5. Age on date of application.
6. Class of membership applied for (associate, nominal).
7. Nationality.
8. Amount of share money and entrance fee tendered with the application (cross cheque, pay order and Demand Draft).
9. Particulars of agricultural land / Non-agricultural land held by family as owner or as tenant (whatever it is applicable).
10. Particulars as to membership of other Co- operative Society/Societies, if any, together with information about outstanding dues or overdues, if any, in the society/societies.
11. Date of making application to the society and reason if any for not accepting the application by the society if known.
12. I undertake to furnish any other information as may be required under the bye-laws of the society.
I hereby state that I need the services of the society and further state that I have made myself aware of the provision of the bye-laws of the society, and I agree to be bound by them in all matters relating to my transactions with the society.Name of the Applicant and SignatureForm 'I'[See section 38 and rules 32 and 65(1)]Register of Members[Section 38 (1) of the Maharashtra Co-operative Societies Act, 1960]1. Serial Number
2. Date of admission
3. Date of payment of entrance fee and share amount
4. Full name (surname first)
5. Postal Address, mobile number and email address
6. Occupation
7. Age on the date of admission
8. Full name and address of the person nominated by the member under section 30(1)
9. Date of nomination
10. Date of cessation of membership
11. Reasons for cessation
12. Remarks
| Date | Cash book folio | Particulars of shares held | Total amount received | No. of shares held | Serial No. of share certificate | |||
| Application | Allotment | Amount received on | ||||||
| 1st call | 2nd call | |||||||
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) |
| Date | Cash book folio | Date | Cash Book folio or shares transfer register No. | Particulars of shares transferred or surrendered | Signature | |||||
| No. of shares transferred | Serial No. of share certificates | No. of shares transferred or refunded | Balances | |||||||
| No. of shares held | Serial No. of share certificates | Amount | ||||||||
| (10) | (11) | (12) | (13) | (14) | (15) | (16) | (17) | (18) | (19) | (20) |
| Serial No. | Full name of the Member | Address | Class of Member |
| (1) | (2) | (3) | (4) |
| Serial No. | Full name of the Member (surname first) | Postal Address and email address | Date of Classification as Active member |
| (1) | (2) | (3) | (4) |
| Sr. No. | Full name of the Member (surname first) | Postal Address and email address | Date of Classification as Non-active member |
| (1) | (2) | (3) | (4) |
| Witness to Signature | Signature |