Maharashtra Cooperative Societies Rules, 1961

The Maharashtra Co-operative societies Rules, 1961 extend to the whole of the State of Maharashtra. In these rules, unless the context otherwise, requires: (a) "Act" means the Maharashtra Co-operative Societies Act. 1960; (b) "Apex Co-operative Bank" means a federal co-operative bank having jurisdiction over the whole of the Maharashtra State and recognised as such by the State Government for the purpose ...

Chapter I - Preliminary
- 1. Short title and extent
- 2. Definitions
Chapter VIII - Disputes and Co-operative Courts
- 75. Reference of Dispute
- 76. Registrars satisfaction regarding existence of a dispute
- 77. Disposal of a dispute or reference to Co-operative Court
- 78. Summons, notices and fixing of dates, place, etc. in connection with the disputes
- 79. Investigation of claims and objections against any attachment
- 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
- 82. Issue of proclamation prohibiting private transfers of property
- 83. Procedure for execution of awards
- 84. Execution of awards or orders in special cases
- 85. Transfer of property which cannot be sold
- 86. Payment of fees for decisions of disputes
Chapter II - Registration
- 3-4. Application for registration and registration fees
- 5. Registration
- 6. Form of report under Section 9(2)
- 7. Refusal of Registration
- 8. Matters in respect of which Registrar may direct society to make bye-laws or society may make by-laws
- 9. First bye-laws of a society
- 10. Classification and sub-classification of societies
- 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
Chapter III - Members and their rights and liabilities
- 19. Conditions to be complied with for admission for membership, etc
  - 19A. Procedure for tendering application to the Registrar for membership under section 23(1 A)
- 20. Procedure for admission of joint members and minor and persons of unsound mind inheriting the share or interest of deceased member
- 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
- 26. Registration of nominations
- 27. Supply of copies of documents by societies and fees therefore
- 28. Expulsion of Members
- 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
Chapter IV - Incorporation, duties and privileges of societies
- 31. Procedure for change of address of societies
- 32. Register of Members
- 33. List of Members
- 34. Certified copies of entries in books of societies
- 35. Conditions for borrowing by societies with limited liability
- 36. Conditions for borrowing of Maharashtra State Co-operative Bank
- 37. Conditions for borrowing of Land Development Banks
- 38. Loans and deposits from non-members in unlimited liability societies
- 39. Raising of funds by societies
- 40. Additional conditions for raising funds by societies
- 41. Maintenance of liquid resources and distribution of assets
- 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
- 46. Manner of recalling of loan
  - 46A. Restrictions on borrowings from non-members
  - 46B. Restrictions on credit sales to non-members
- 47. Restrictions on transactions with non-members
- 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
  - 49A. Calculation of net profits
- 50. Appropriation of profits
- 51. Amounts to be deducted by a Society from its profits before arriving at its net profits
- 52. Bonus and Dividend Equalization Fund
- 53. Rates of annual contribution to education fund of State Federal Society
  - 53A. Rates of annual contribution to Co-operative, State Cadre Employment Fund
  - 53B. Manner of contributions to be made under the Rule 53A
- 54. Utilisation and investment of reserve fund
- 55. Investment of other funds
- 56. Maintenance and administration of provident fund
Chapter VA - Election to Notified Societies, Etc.
- 56A. Manner of election to notified Societies
- 56B. Provisional list of voters
- 56C. Particulars to be included in the provisional list of voters
- 56D. Claims and objections to the provisional list of voters, and the final list of voters
- 56E. Appointment of Returning Officers, Assistant Returning Officers and such other Officers required to conduct the elections
- 56F. General duty of Returning Officer
- 56G. Polling stations
- 56.H. Appointment of Presiding Officers and Polling Officers
- 56I. General duty of Presiding Officer and Polling Officer
- 56J. Appointment of dates etc. for various stages of an election
- 56K. Manner of publication of election programme under Rule 56J
- 56L. Manner of publication of election programme under Rule 56K
- 56M. Nomination of candidates
- 56N. Presentation of nomination paper and requirements for valid nominations
- 56-0. Symbols for elections
- 56P. Deposit
- 56Q. Notice of nomination and time and place for the scrutiny
- 56R. Scrutiny of nomination papers
- 56S. Publication of list of valid nomination
- 56T. Withdrawal of candidature
- 56U. Preparation of list of contesting candidates
- 56V. Appointment of Polling Agents and Counting Agents
- 56W. Death of candidate before poll
- 56X. Uncontested election
- 56Y. Manner of voting at elections
- 56Z. Ballot Box
- 56A-1. Form of ballot paper
- 56A-2. Arrangement at Polling Stations
- 56A-3. Admission to Polling Station
- 56A-4. The preparation of ballot boxes for poll
- 56A-5. Identification of voters
- 56A-6. Challenging of identity
- 56A-7. Safeguard against personation
- 56A-8. Issue of ballot paper
- 56A-9. Voting procedure
- 56A-10. Procedure for voting where there are no separate constituencies or more than one seat to be filled in one constituency
- 56A-11. Recording of vote of blind or infirm voter
- 56A-12. Spoilt and Returned ballot papers
- 56A-13. Tendered votes
- 56A-14. Closing of poll
- 56A-15. Sealing of ballot boxes after poll
- 56A-16. Account of ballot paper
- 56A-17. Sealing of other packets
- 56A-18. Transmission of ballot boxes, packets etc. to the Returning Officer
- 56A-19. Fresh poll in case of destruction etc. of ballot boxes
- 56A-20. Counting of votes
- 56A-21. Admission to the place fixed for counting
- 56A-22. Scrutiny and opening of ballot boxes
- 56A-23. Scrutiny and rejection of ballot papers
- 56A-24. Procedure for counting of votes
- 56A-25. Counting to be continuous
- 56A-26. Procedure for counting of votes where there are no separate constituencies or more than one seat to be filled in one constituency
- 56A-27. Recommencing of counting after fresh poll
- 56A-28. Recount of votes
- 56A-29. Declaration of result and publication of names of the members of the committee
- 56A-30. Return of forfeiture of candidate's deposit
- 56A-31. Custody of papers relating to elections
- 56A-32. Production and inspection of election paper
- 56A-33. Disposal of election papers
- 56A-34. Casual vacancies how to be filled in
- 56A-35. Election of office bearers
Chapter VI - Management of Societies
- 57. Prohibition against being interested in contracts etc
  - 57A Motion of no-confidence against the officers of the society
- 58. Disqualification for membership of committee
  - 58-A. Bond to be executed by elected Members of Managing Committee
- 59. First general meeting
  - 59-A2 * * * * * * *
  - 59-B2 * * * * * * *
- 60. General meetings
- 61. Annual statements of accounts including balance sheet, etc
- 62. Form for the balance sheet and the profit and loss account
- 63. Power to call annual and special general meeting
- 64. Procedure for appointment, suspension, and removal of members of the committee and other officers, etc
- 65. Accounts and books to be kept
- 66. Copies of monthly returns to be furnished to Registrar
- 67. Registrars power to enforce performance of obligations
  - 67A. Directions of Registrar to the society to make regulations on certain matters
- 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
- 70. Requisition of the federal society for inquiry
- 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
- 74. Levy of audit charges and supervision charges
Chapter IX - Liquidation
- 87. Mode of communication of an interim order under Section 102
- 88. Cost of hearing appeal
- 89. Appointment of Liquidator and the procedure to be followed and powers to be exercised by him
- 90. Disposal of surplus assets
- 91. Interest on amounts due from a society under liquidation
- 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 Land Development Banks
- 94. Registration of copies of instruments under Section 122
- 95. Authority to Land Development Bank to exercise power under Section 133(1)
- 96. Appointment of Receiver and his powers under Section 133
- 97. Appointment, qualifications and powers and functions of a Sale Officer under Section 133
- 98. Procedure for distraint and sale of the produce of the mortgaged land and sale of mortgaged property
- 99. Circumstances under which the State Land Development Bank 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
- 102. Sale of immovable property purchase by a Land Development Bank
- 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
- 105. Constitution of authority by the State Government to hear appeals which lie to that Government
- 106. Procedure for presentation to and disposal of appeals by State Government and Registrar under Section 152
Chapter XII - Miscellaneous
- 107. Procedure for attachment and sale of property under Section 156
- 108. Contributions, fees and charges to be credited to Government
- 109. Communication of decision, award, etc
- 110. Repeal of Bombay Co-operative Societies Rules
Form ‘A’ - Application for Registration of Society
Form ‘B’ - Register of applications for registration received in the office of the Registrar/Additional/Joint/Deputy/Assistant Registrar
Form ‘C’ - Report to Government
Form 'D’ - Register of Co-operative Societies registered or deemed to be registered under the Act
Form 'E’ - Notice under rule 13(1)
Form ‘F’ - Notice under rule 13(3)
Form ‘G’ - Notice to members, creditors and other persons whose interests will be affected by the amalgamation/transfer of assets and liabilities/conversion/division
Form ‘H' - Application for reconstruction of a society
‘Form H-1’ - Form to be used by the eligible person for giving application for membership of a society under sub-section 23(1 A) of the Maharashtra Co-operative Societies Act, 1960
Form ‘I’ - Register of members
Form ‘J’ - List of Members of ................. Society Limited/Unlimited
Form ‘K’ - Declaration under Rule 45(1)
Form ‘L’ - Declaration under Section 43
Form ‘M’ - Register of declarations made under Section 48(a)/(b)
Form M-1 - Register showing the names of notified co-operative societies to be maintained by the Registrar, Co-operative Societies, District Election Officer regarding particulars of last elections of Committee, date of first meeting, etc.
Form M-2 - Form of report to be handed over personally by the Chairman or Vice- Chairman of the notified society on or before 30th September of the proceeding calender year in which the term of the office of the Managing Committee expires, to the Registrar, Co-operative Societies
Form M-3 - Office of the Returning Officer, (present office designation shall be mentioned)
Form M-4 - Form of Nomination Paper
Form M-5 - Final List of contesting candidates
Form M-6 - Appointment, of Polling Agents
Form M-7 - Common form for appointment of Polling Agents and also to work as Counting Agents
Form M-8 - Appointment of Counting Agents
Form M-9 - Form of declaration of result of uncontested election
Form M-10 - Form of Ballot Paper
Form M -11 - List of challenged votes
Form M-12 - Form of declaration by companion of blind or infirm voter
Form M-13 - List of Blind and Infirm voters
Form M-14 - Tendered Voters List
Form M-15 - Ballot Papers Account
Form M-16 - Form of Result Sheet
Form M-17 - Form of declaration of result and publication of names of member of the Committee
Form M-18 - Form of Requisition to call Special Meeting of the Committee to consider Motion of No Confidence
Form M-19 - Certificate regarding the result of the requisitioned special meeting of the Committee of....................................Co-operative Society in respect of No Confidence motion
FORM M-20
FORM N - Balance Sheet
FORM ‘N' - Profit and Loss Account
Form ‘O’ - Rectification report under Section 82/87
Form ‘P’ - Application regarding reference of a dispute
Form ‘Q’ - Proclamation to be issued at the time of issue of a certificate under Section 98
Form ‘R’ - Certificate for Transfer of Property under Section 100
Form ‘S’ - Public Notice under Rule 93
Form ‘T’ - Certificate to be granted to the purchaser of the property under Section 136(1) of the Maharashtra Co-operative Societies Act, 1960

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Maharashtra Cooperative Societies Rules, 1961