Section 77A in The Maharashtra Co-Operative Societies Act, 1960
77A. [ [Appointment of member of committee, new committee, authorised officers, where there is failure to elect member, to constitute committee or where committee does not enter upon office, etc.] [Section 77A was inserted by Maharashtra 36 of 1975, Section 5.]
(1)Where the Registrar is satisfied that,-[(1-a) a provisional committee has failed to make necessary arrangements for holding election for the constitution of the first committee, before the expiry of its term as specified in sub-section (1A) of section 73;] [Clause (1-a) was Inserted by Maharashtra 13 of 1994, Section 6.](a)at the first constitution of the committee of any society there is a failure to elect all or any of the members of the committee;(b)the term [* * *] [The words 'or extended term as the case may be,' were deleted by Maharashtra Act No. 16 of 2013 dated 13-8-2013, Section 44(a), (w.e.f. 14-2-2013).] of the committee of any society or of any of its members has expired or for any other reason election is held and there is a failure to elect all or any of the members required to fill the vacancies;[(b-1) there is a stalemate in the constitution or committee has ceased to function and vacuum is created in the management;] [Clause (b-1) was inserted by Maharashtra Act No. 16 of 2013 dated 13-8-2013, Section 44(b), (w.e.f. 14-2-2013).](c)any committee is prevented from entering upon office;(d)a new committee has failed to enter upon office on the date on which the term of office of the existing committee expired; or(e)[* * *] [Clause (e) was deleted by Maharashtra 34 of 2001, (w.e.f. 7-9-2001) Section 7.](f)[ where more than one group of persons in a society is claiming to be elected as the committee members and proceedings in respect thereof have been filed in the Co-operative Court;] [Clause (f) was inserted by Maharashtra 20 of 1986, Section 39(a)(ii).]the Registrar may, either suo-motu or [on the application of any officer or member of the society] [These words were substituted for the words 'on the application of any officer of the society' by Maharashtra Act No. 16 of 2013 dated 13-8-2013, Section 44(c)(i), (w.e.f. 14-2-2013).] by order appoint-(i)any member or members of the society to be the member or members of the committee to fill the vacancies;(ii)a committee, consisting of not more than three members of the society, or [one or more authorised officers] [These words were substituted for the words 'one or more administrators' by Maharashtra Act No. 16 of 2013 dated 13-8-2013, Section 44(c)(ii), (w.e.f. 14-2-2013).], who need not be members of the society, to manage the affairs of the society till a new committee enters upon office:Provided that, before making such order, the Registrar shall publish a notice on the notice board at the head office of the society, inviting objections and suggestions with respect to the proposed order within a period specified in the notice and consider all objections and suggestions received by him within that period:Provided further that, it shall not be necessary to publish such notice in any case where Registrar is satisfied that immediate action is required to be taken or that it is not reasonable practical to publish such notice.[Provided also that, if no member or members of the society are willing to work on such committee, it shall be lawful for the Registrar, to appoint one or more authorised officers, not being a member of the society, as he may deem fit, to look after affairs of the society.] [This proviso was added by Maharashtra Act No. 16 of 2013 dated 13-8-2013, Section 44(d), (w.e.f. 14-2-2013).](2)The committee or [authorised officer] [These words were substituted for the word 'administrator' by Maharashtra Act No. 16 of 2013 dated 13-8-2013, Section 44(e), (w.e.f. 14-2-2013).] so appointed shall, subject to the control of the Registrar and to such instructions as he may, from time to time, give, have power to discharge all or any of the functions of the committee or of any officer of the society and take all such action as may be required to be taken in the interests of the society.(3)[ The Committee or [authorised officer] [Sub-section (3) was substituted, by Maharashtra 20 of 1986, Section 39(b).] so appointed shall hold office for a period of six months from the date of assuming the management of the society and shall make necessary arrangements for constituting a new committee within the said period and for enabling the new committee including any new committee referred to in clause (f) of sub-section (1), which is determined by the Court to have been legally elected, to enter upon office:][* * *] [The first and second provisos were deleted by Maharashtra Act No. 16 of 2013 dated 13-8-2013, Section 44(f)(ii), (w.e.f. 14-2-2013).].[Provided that, in no circumstances the term of office of the committee or authorised officer shall exceed six months from the date of their holding office.] [This proviso was added by Maharashtra Act No. 16 of 2013 dated 13-8-2013, Section 44(f)(iii), (w.e.f. 14-2-2013).](4)[ The Registrar shall have the power to change the committee or any or all members thereof or any or all the [authorised officers] [Sub-sections (4) and (5) were added by Maharashtra 20 of 1986, Section 39(c).] appointed under subsections (1) at his discretion even before the expiry of the period specified in the order made under sub-section (1).(5)The provisions of [sub-section (2) of section 78A] [These words, brackets, figures and letter were substituted for the words, brackets, figures & letter 'sub-section (2A) of section 78' by Maharashtra Act No. 16 of 2013 dated 13-8-2013, Section 44(h)(i), (w.e.f. 14-2-2013).] shall apply mutatis mutandis for fixation of remuneration to be paid to the members or [authorised officers] [These words were substituted for the words 'the members or administrators' by Maharashtra Act No. 16 of 2013 dated 13-8-2013, Section 44(h)(ii), (w.e.f. 14-2-2013).] appointed under sub-section (1).]
