Section 18 in The Maharashtra Co-Operative Societies Act, 1960
18. [Power to direct amalgamation, division and reorganisation in the public interest or in the interest of members, etc.] [This marginal note was substituted by Maharashtra Act No 16 of 2013 dated 13-8-2013, Section 8(b), (w.e.f. 14-2-2013).].
(1)Where the Registrar is satisfied that it is essential in the public interest [or in the interest of members of such societies] [These words were inserted by Maharashtra Act No. 16 of 2013 dated 13-8-2013, Section 8(a)(i), (w.e.f. 14-2-2013).] or in the interest of the co-operative movement, or for the purpose of securing the proper management of any society, that two or more societies should amalgamate or any society should be divided to form two or more societies or should be reorganised then notwithstanding anything contained in the last preceding section but subject to the provisions of this section, the Registrar may, after consulting such federal society as may be notified by the State Government by order notified in the Official Gazette, provide for the amalgamation, division or reorganisation, of those societies into a single society, or into societies with such constitution, property rights, interests and authorities, and such liabilities, duties and obligations, as may be specified in the order.[Provided that, such notified federal society shall communicate its opinion to the Registrar within a period of forty-five days from the date of receipt of communication, failing which it shall be presumed that such federal society has no objection to the amalgamation, division or reorganisation and the Registrar shall be at liberty to proceed further to take action accordingly.] [This proviso was added by Maharashtra Act No. 16 of 2013 dated 13-8-2013, Section 8(a)(ii), (w.e.f. 14-2-2013).](2)No order shall be made under this section, unless-(a)a copy of the proposed order has been sent in draft to the society or each of the societies concerned.(b)the Registrar has considered and made such modifications in the draft order as may seem to him desirable in the light of any suggestions and objections which may be received by him within such period (not being less than two months from the date on which the copy of the order as aforesaid was received by the society) as the Registrar may fix in that behalf, either from the society or from any member or class of members thereof, or from any creditor or class of creditors.(3)The order referred to in sub-section (1) may contain such incidental, consequential and supplemental provisions as may, in the opinion of the Registrar, be necessary to give effect to the amalgamation, the division or reorganisation.(4)Every member or creditor of [or other person inserted in] [These words were inserted by Maharashtra 20 of 1986, Section 9.] each of the societies to be amalgamated, divided or reorganised who has objected to the scheme of amalgamation, division or reorganisation, within the period specified, shall be entitled to receive, on the issue of the order of amalgamation, division or reorganisation his share or interest if he be a member and the amount in satisfaction of his dues if he be a creditor.(5)On the issue of an order under sub-section (1), the provisions in subsections (2), (3) and (4) of section 17 shall apply to the societies so amalgamated, divided or reorganised as if they were amalgamated, divided or reorganised under that section, and to the society amalgamated, divided or reorganised.(6)[ Nothing contained in this section shall apply for the amalgamation of [two or more co-operative banks or two or more primary agricultural credit societies] [Sub-section (6) was added by Maharashtra 5 of 1976, Section 2.].]
