73-ID. MOTION OF NO-CONFIDENCE AGAINST OFFICERS OF SOCIETIES
(I) A President, Vice-President, Chairman. Vice-Chairman. Secretary, Treasurer or any other officer by whatever designation called who holds office by virtue of his election to that office shall cease to be such President, Vice-President, Chairman, Vice-Chairman, Secretary, Treasurer or any other officer, as the case societies, may be, if a motion of no-confidence is passed at a meeting of the committee by [simple majority] of the total number of committee members who are [entitled to vote at the election of such President, Vice-President, Chairman, Vice-Chairman. Secretary, Treasurer or any other officer] and the office of such President, Vice-president, Chairman, Vice-Chairman, Secretary. Treasurer or any other officer as the case may be, shall thereupon ha deemed to be vacant.
(2) The requisition for such special meeting shall b- signed by not less than one-third of the total number of members of the committee who are [entitled to elect the President, Vice-President. Chairman, Vice- Chairman, Secretary, Treasurer or any other officer, as the case may be, of the committee] and shall be delivered to the Registrar. The requisition shall be made in such form and in such manner as be prescribed :
Provided that, no such requisition for a special meeting shall be made within a period of six months from the date on winch any of the officers referred to in subsection (1) has entered upon his office.
(3) The Registrar shall, within seven days from the date of receipt of the requisition under sub-section (2), convene a special meeting of this committee. The meeting shall be held on a date not later than fifteen days from thy date of issue of the notice of the meeting.
(4) The meeting shall be presided over by the Registrar or such officer not below the rank of an Assistant "Registrar of Co-operative Societies authorised by him in this behalf. The Registrar or such officer shall, when presiding over such meeting, have the same powers as the President or Chairman when presiding over a committee meeting has, but shall not have the right to vote
(5) The meeting called under this section shall not, for any reason, be adjourned.
(6) The names of the committee members voting for and against thy motion shall be read in the meeting and recorded in the minute book of committee meetings.
(7) If the motion of no-confidence is rejected, no fresh motion of no-confidence shall be brought before the committee within a period of one year from the date of such rejection of the motion.]
[73A.. (1) In this section and in sections 73C, 73D and 73E, a designated officer’ means the Chairman and the President, and includes any other officer of the society as may be declared by the State Government, by notification in the Official Gazette to be a designated officer, but does not include any officer appointed or nominated by the- State Government or by the Registrar.
(2) No person shall, at the same time, be or continue to be, a designated officer of more than one society falling in Category I or Category II or Category III of the categories mentioned below; and shall not be or continue to be a designated officer in more than two societies in the aggregate in the three categories :—
Category I.—Societies, the area of operation of which extends to the whole of the State.
[Category II.—Societies, the area of operation of which does not extend to the whole of the State,—
(a) but extends to at least one whole district irrespective of their authorised share capital ; or
(b) but extends to areas comprised in part or parts in one or more districts and the authorised share capital of which is more than Rs. 10 lakhs.
Category III.—Societies, the area of operation of which does not extend to one whole district but extends at least to one whole taluka, or the authorised share capital of which is not more than Rs. 10 lakhs but is not less than Rs. 5 lakhs.]
[Explanation.—-For the purposes of this sub-section, the expression "society" shall no include a society with no share capital and a society not engaged in commercial activities.]
[(2A) If any question arises whether or not a society falls under any of the categories referred to in sub- section (2), such question shall be referred to and decided by the Registrar, and his decision shall be final.]
[(3) * * * DELETED * *]
(4) If any person becomes, at the same time a designated officer of societies in excess of the number prescribed under sub section (2), unless he resigns his office in the society or societies in excess of the said number within a period of [ten days] from the date on which he is elected or appointed a designated officer of more than the permissible number of society or societies, or if the elections or appointments arc held or made simultaneously, from the date on which the result of last of such elections or appointments is declared, he shall, at the expiration of the said period of [ten days], cease to be a designated officer of all such societies, and thereupon, notwithstanding anything contained in any other provisions of this Act, a person so resigning or ceasing to be a designated officer of any or all such societies shall not be eligible for being re-elected or reappointed as a designated officer of such society or societies during the remainder of the term of office for which he was so elected or appointed; and at no point of time such person shall be a designated officer of societies in excess of the number prescribed under sub-section (2).]
(5) No person shall be, or shall continue to be, a designated officer of any society of any of the categories referred to in sub-section (2), [for a period of more than ten years in the aggregate] and at the expiration of that period any such person shall cease to be a designated officer of that society, and shall not be eligible for being re-elected or re-appointed as a designated officer, until [a period of one term of the committee has elapsed after the completion] of the aforesaid period of [ten years ].
Explanation—For this purposes of this sub-section.—
(1)in calculating the [aggregate], period of "[ten years] in office, any period for which the person concerned may have been such officer, before the commencement of the Maharashtra Co-operative Societies (Second Amendment) Act, 1969, shall be ignored.
(a) if any person resigns his office as a designated officer at any time within • twelve months of the date on which the [aggregate], period of [ten years] would, but for resignation, have been completed, he shall be deemed to have completed the period of [ten years] on his resignation.]
(6) No member of the Council of Ministers shall be, or continue to be a designated officer of any society of any of the categories referred to in subsection (2)
Provided that, nothing in this sub-section shall affect any member of the Council of Ministers who is a designated officer of any such society on the date of commencement of the Maharashtra Co-operative Societies (Second Amendment) Act, 1985; and he shall continue to hold office till completion of his term, unless he resigns or vacates the office of such designated officer for any reason whatsoever before the expiry of his term as such designated officer.