unit 2 - 1 mscs act 1960
TRANSCRIPT
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Enacting co-operative act to give legal statuslegal status to co-operatives and
facilitate their working
Co-operative in Maharashtra should workas genuine coworkas genuine co--operativeoperative
according to the accepted co-operative principles
Facilitating the workingworkingof co-operatives and change their basic
character
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Section 3 & 4 Registration procedure of a co-operative society in
Maharashtra
Section 5 Registration of society with limited or unlimited
liability
Section 6/8 Method of registration
Section 9 - Registration
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Sec 10 Certificate of Registration
Sec 12 Classification of all societies as prescribed by rules
Sec 13 Bye-laws of the society
Sec 17- Amalgamation, Transfer, Division orConversion of the
Society
Sec 21 Cancellation of registration
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(Approval of Registrar
( 2/3 majority of members present and voting in special general
meeting held for the purpose
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(Cancellation by Registrar if its affairs are wound up
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Sec 22 who can become a member
Sec 23 Admission to membership under provisions of the Act and
bye-laws
Sec 24 Admission of a person as a nominal, associate or a
sympathiser member
Sec 25 Cessation of Membership
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Sec 26 & 27 Rights of Membership & Liabilities of a Membership
Sec 33 Liability of past member
Sec 35 Expulsion of Members
Sec 36 Duties and Privileges of Societies
Sec 38 Register of Members
Sec 50 State-Aid to Societies
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Becomes a legal person
Use of seal to enter into contract
Power to acquire, hold and dispose off property
Power to enter into contract, institute and defend legal suits
Get exemption from registration fee, sales tax, court fee, etc.
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Make bye-laws regarding address of society and its branches, share capital,
other particulars as may be prescribed
Forbidding the members to take higher interest deposit more than 15 years
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` Sec 64 Property and Funds of Societies
` Sec 66 Reserve Fund
` Sec 67 Dividend
` Sec 69 Education Fund
` Sec 70 Investment of Funds
` Sec 71 Employees Provident Fund
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Sec 72 Management of Societies
Sec 73 Committee and Its Powers and Functions
Sec 73 ID Cease of post of president, vice-president, chairman, secretary
Sec 74 Qualification for appointment of Officers
Sec 75 Annual General Meetings
Sec 76 Special General Meeting
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Cease of the post of president, vice-president, chairman, secretary
If a motion of confidence is passed at the meeting of the committee by
simple majority
Recent amendment of the year 2000 Mgmt body responsible for sort of
losses incurred by the society during their term
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Sec 73A Disqualification of designated officer
Sec 73 B Reservation of seats of committees of certain society for SCs and STs
Sec 73 F Eligibility of reappointment or reduction as member of committee
Sec 73 H Responsibility of committee to hold elections before expiry of the term
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General meeting within a period of 3 months
At every AGM, committee shall lay before society a statement of loans given to
any of the members of the committee
Attached balance sheet in general meeting
Report by its committees state of society affairs, reserve fund amts, bonus,
way of dividend payment
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At every AGM, P & L A/c has to be placed for adoption
If default is made, Registrar may order to call such meeting and
If failed he may impose a penalty
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Sec 77 Appointment of member of committee
Sec 79 Direction by Registrar to any society for keeping proper books of accounts
Sec 83 Enquiry by the Registrar
Sec 89 Authority of Registrar to summon and enforce attendance of any person, etc.
Sec 90 Authority of State Govt to constitute co-operative federal authority for
supervision of society and working of the society
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Inquiry into the constitution, working and financial condition of the society
On his own motion
On the application of one-third of the members of the society
Deposit of minimum Rs. 100 asking for such an inquiry
At the time of enquiry punishment of Rs. 500 can be extended in case of non
availability of necessary documents
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` Sec 91
Any dispute touching the constitution or election of committee, conduct of general meeting,
management of business of society
Referred by any of the parties to the dispute to the co-operative court
A claim either by or against a society for any debt or demand due to it from member or a past
member or a servant
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` Sec 91 A
State Govt by notification can constitute one or more co-operative courts for the adjudication of
disputes under sec 91 or sec 105
A co-operative court jurisdiction to whole state or any part of the state
All disputes pending before Registrar as per old Act transferred to Co-operative Court
Court may proceed to hear and dispose the cases
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Sec 92 - - Limitation period
Sec 93 Transfer of disputes from one co-operative court to another
Sec 94 Procedure for settlement of disputes and powers of co-operative
courts
Sec 95 Court can direct conditional property attachment
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Sec 97 Appeal of any aggrieved party to the co-operative appellate court
Sec 101 Recovery of arrears due to certain societies as arrears of land
revenue
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Sec 102 Winding up
Sec 105 Powers of Liquidator
Sec 106 - Effect of order of winding up
Sec 108 Audit of Liquidators amount
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Sec 145 every person contravening the provisions punishment with fine may
extend to Rs. 500
Sec 146 offences like transfer of property or interest in contravention of sub
section 2 of 47, 49 (2)
Sec 147 Punishment for offences under section 146
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Sec 149, 150, 151, 152 Appeal procedure, Review of orders, Powers of
Appellate Court, to have powers of Civil Court
Sec 152 deals only with appeals