State and other Agriculture and Rural Development banks.

1. (1) There shall be State Agriculture and Rural Development Bank for the State of Maharashtra. If considered necessary by the State Government, in the public interest or in the interest of the co-operative movement, there may be one or more Primary Agriculture and Rural Development Banks, but nothing in this sub-section shall be taken to require the establishment or continuance of any Primary Agriculture and Rural Development Banks.
2. (2) A reference to Land Mortgage Bank or to a Land Development Bank in any law, or instrument, for the time being in force in the State, shall with effect from the commencement of this Act, be construed as a reference to a Agriculture and Rural Development Bank within the meaning of this Chapter.
3. (3) With effect from the commencement of this Act, and until such time as the names of the Land Mortgage Banks or of the Land Development Banks and societies functioning in the State at the commencement of this Act are changed into Agriculture and Rural Development Banks, all acts done by them or mortgages and other documents executed by them or in their favour, and all suits and other proceedings filed by or against them shall be deemed to have been done, executed or filed, as the case may be, by or against them as Agriculture and Rural Development Banks. 112-A. District Loan Committee, its constitution, term of office of delegates, casual vacancies, powers of such Committee etc.—
4. (1) Notwithstanding anything contained in this Act, or in the rule made there under, or in the bye- laws of the State Agriculture and Rural Development Bank.
   • (a) There shall be a District Loan Committee for each District excluding the City of Bombay District and Bombay Suburban District.
   • (b) Every District Loan Committee shall consist of the following members, that is to say;
     • (i) Delegates, to be elected one each from every Taluka in a district

(i-a) Two members, one from the persons belonging to the Schedule Castes or

Schedule Tribes and one from the persons belonging to the weaker section, who shall be elected from the District: Provided that, in district, where there are more than seven Taluka and before the date of commencement of the Maharashtra Co-operative Societies (Amendment) Act, 1993, the elections to elect seven delegates on the District Loan Committee as provided by sub-clause

1. (i) as it existed then, have already been held, the State Government shall nominate on such Committee, such additional number of delegates as may be necessary from the Taluka from which no delegates are elected, so as to bring the total number of the delegates equal to the number of Taluka in such district: Provided further that, after having held the election as aforesaid, the two members to be nominated by the Registrar under sub-clause (i-a), as it existed then, have not yet been nominated by the Registrar, then the Registrar shall nominate such two members: Provided also that, term of office of all such nominated members shall be co-terminus with the term of office of the seven such delegates so elected: Provided also that, at any election held after the commencement of the Maharashtra Co- operative Societies (Amendment) Act, 1993, any member of the State Agriculture and Rural Development Bank in the District belonging to the Scheduled Castes or Scheduled Tribes, or as the case may be, weaker section, shall be eligible to contest such election;
2. (ii) The District Deputy Registrar of Co-operative Societies of the concerned district, ex-officio;
3. (iii) The Divisional Officer of the State Agriculture and Rural Development Bank of the concerned division, ex-officio,
4. (iv) the District Branch Manager of the State Agriculture and Rural Development Bank of the concerned district, ex-officio, who shall also act as the Secretary of the District Loan Committee. Explanation.—For the purpose of sub-clause (i-a), the provisions of clauses (b) and (c) of, and any order issued under clause (c) of the Explanation to Section 73-B shall apply in relation to the members to be elected there under;

1. (c) The delegates or members to be elected under sub-clause (i) and (i-a) of clause (b) shall be elected by direct election, by the members of the State Agriculture and Rural Development Bank.
2. (d) Save as otherwise provided in this section, every election to elect delegates and members shall be subject to the provisions of Chapter XI-A and shall be conducted in the manner laid down by or under that Chapter: Provided that, a reference to an election of a member or members of the Committee of a specified society in that Chapter or the rules made there under shall be deemed to be a reference to an election of delegates or members referred to in clause (b)

1. (2) Every District Loan Committee shall have a Chairman, who shall be elected by the elected delegates and the members thereof, from amongst themselves.
2. (3) Within fifteen days from the date of election of the delegates and the members under sub section (1) an officer authorised by the Collector in that behalf shall convene the first meeting of the delegates and the members for election of a Chairman. The officer so authorised shall preside over such meeting, but shall not have the right to vote.
3. (4) The term of office of members other than ex-officio members of a District Loan Committee shall be for a period of five years and shall be deemed to commence on the date of the first meeting referred to in sub-section (3) and the term of office of the Chairman shall be co- terminus with the term of such members and on expiry of their term they shall be deemed to have vacated their offices.
4. (5) A casual vacancy of an elected member, delegate member or Chairman occurring in the District Loan Committee due to any reason whatsoever shall be filled by election or nomination as the case may be as soon as may be practicable after the occurrence of the vacancy : Provided that, if the vacancy occurs within four months preceding the date on which the term of such delegate, as the case may be, member expires, the vacancy shall not, unless the Registrar otherwise directs, be filled : Provided further that, the delegate, member or Chairman elected to fill a vacancy shall held, office so long as the delegate, member or Chairman in whose place he is elected would have held office; if the vacancy had not occurred.
5. (6) The District Loan Committee shall have the power to sanction by itself or to recommend for sanction by the committee of the State Agriculture and Rural Development Bank, as the case may be, loans to such extent and for such purposes as the committee of the State Agriculture and Rural Development Bank may, from time to time, specify, and shall also perform such other functions as that committee may, from time to time, entrust to it.
6. (7) The provisions of sections 73-ID, 73A, 73-FF, 77 A, 78, clauses (j) and (k) of section 146, clauses (j) and (k) of section 147, sections 160A and 160B shall apply mutatis mutandis to the District Loan Committee as they apply in relation to a committee of a society. 112. AA election of delegate as member of Agriculture and Rural Development Bank from City of Bombay District and Bombay Suburban District.—
7. (1) Notwithstanding anything contained in this Act or the rules made there under, the members of the Agriculture and Rural Development Bank from the City of Bombay District and Bombay Suburban District shall elect one delegate from amongst themselves for every general body meeting of the members of the Bank.
8. (2) Subject to the provisions of section 14, the Agriculture and Rural Development Bank shall make bye-laws for the purpose of the election of a delegate under sub-section (1).
9. (3) The power to make bye-laws conferred by sub-section (2) is subject to the condition of the bye-laws being made after previous approval of the Registrar. 112. B General Body and committee of State Agriculture and Rural Development Bank.—
10. (1) Notwithstanding anything contained in this Act, or in the rules made there under, or in the bye-laws of the State Agriculture and Rural Development Bank:
    • (a) The delegates and members elected in accordance with the provisions of clauses (c) and (d) of sub-section (1) of section 112-A and sub-section (1) of section 112-AA shall, for the purpose of section 72, constitute the general body of members of the State Agriculture and Rural Development Bank.
    • (b) the Committee of the State Agriculture and Rural Development Bank shall consist of the following members, namely :-
      • (i) the Chairman of all the District Loan Committees;
      • (ii) (A) Two members, one each belonging to the Scheduled Castes or Scheduled Tribes and the weaker section, and
    • (B) Three women members— From amongst the members of the State Agriculture and Rural Development Bank, who shall be co-opted by the committee in its first meeting to be convened by the Collector or an officer authorised by him in that behalf but the Collector or such officer shall not, while presiding over such meeting, have a right of vote; and where there is failure of the committee to so co-opt such member or members, the Collector or the Officer authorised by him shall report such failure to the Registrar within a period of seven days from the date of such meeting and thereupon the Registrar shall, within a period of seven days from receipt of such report, appoint on the committee such member or members, as the case may be from amongst persons entitled to be so Co-opted. Explanation – For the purposes of this sub-clause, the provisions of clauses (b) and
    • (c) of, and any other issued under clause (c) of the explanation to section 73-B shall apply in relation to the members to be co-opted or appointed under this clause.
      • (iii) the Chairman of the Maharashtra State Co-operative Bank (or his representative), ex-officio;
      • (iv) two representatives of the employees of the State Agriculture and Rural Development Bank to be selected by the recognized union or unions of employees, from amongst such where there is no union at all, the employees shall be held by the collector in the manner laid down in Chapter XI-A of this Act.
      • (v) The Commissioner for Co-operative and Registrar of Co-operative societies, Maharashtra State (or his representative), ex-officio;
      • (vi) An Officer from the Agriculture and Co-operation Department, who is holding the post of Officer on Special Duty or any other post not lower than that of a Deputy Secretary to Government to be nominated by State Government, ex- officio;
      • (vii) the Managing Director of the State Agricultural and Rural Development Bank ex-officio, who shall also act as Secretary of the Committee.
11. (2) The members referred to in sub-clause (i) of clause (b) of subsection (1) shall cease to be members of the committee on the date of expiry of their terms as Chairman of the District Loan Committees and they shall be deemed to have vacated their offices and the term of offices of the members referred to in sub-clauses (ii) and (iv) of clause (b) of sub-section (1) shall be co-terminus with the term of office of the members referred to in sub-clause (i) of clause (b) of sub-section (1) and they shall likewise on expiry of their term of office ceased to be members of the committee and shall be deemed to have vacated their offices.
12. (3) (a) The Committee shall have a Chairman and a Vice-Chairman. Within 15 days after the two members referred to in sub-clause (ii) of clause (b) of sub-section (1) are co-opted or appointed as the case may be, the Collector or an Officer authorised by him in that behalf shall convene a meeting of the members of the Committee for election of a Chairman and a Vice-Chairman who shall be from the members, referred to in sub-clause (i) of clause (b) of sub-section (1) and such meeting shall be presided over by the Collector or by such authorised officer, but such presiding officer and the members referred to in sub-clauses (iii), (iv), (v), (vi) and (vii) of clause (b) of sub-section (1) shall not have a right to vote at such meeting.
    • (b) Notwithstanding anything contained in clause (a), within 15 days from the date of commencement of the Maharashtra Co-operative Societies (Amendment) Act, 1988, the Collector or an Officer authorised by him in that behalf shall convene a meeting of the members of the Committee for the election of a Vice-Chairman who shall be from the members referred to in sub-clause (i) of clause (b) of sub-section (1) and such meeting shall be presided over by the Collector or by such authorised Officer, but such presiding officer and the members referred to in sub-clauses (iii) to (vii) of clause (b) of sub-section (1) shall not have a right to vote at such meeting. The Vice-Chairman so elected shall hold office as such Vice-Chairman subject to the provisions of subsection (4). Explanation.—For the purposes of this sub-section, the expression "Collector" shall have the same meaning as in clause (a) of sub-section (2) of section 144-A:
13. (4) Without prejudice to the provisions of sub-section (3), the Chairman and Vice-Chairman shall be elected every year in the first meeting of the Committee convened within one month after the close of the co-operative year by the Collector or an Officer authorised by him in that behalf and where the Chairman or Vice-Chairman is to be elected to fill the vacancy occurred due to any reason whatsoever the Collector or an Officer authorised by him in that behalf shall convene the meeting of the Committee within one month from the date of occurrence of the vacancy and the provisions of sub-section (3) shall mutatis mutandis apply to such meetings. The Chairman and Vice-Chairman elected under sub-section (3) or sub-section, (4) shall cease to be the Chairman and Vice-Chairman on the date preceding the date of meeting held for election of the Chairman and Vice-Chairman after the close of the co-operative year and shall vacate his office.
14. (5) A casual vacancy of a member referred to in sub-clauses (ii) and (iv) of clause (b) of sub- section (1) due to any reason whatsoever shall be filled in by co-option by the committee or by selection by the recognized union or unions of the employees, as the case may be, within two months from the occurrence of such vacancy; and where there is failure on the part of the committee or such union or unions, as the case may be, to do so, then appointment by the Registrar : Provided that, if the vacancy occurs within four months preceding the date on which the term of such member expires, the vacancy shall not, unless the Registrar otherwise directs, be filled : Provided further that, the member so co-opted, selected or appointed to fill a vacancy shall hold office so long only as the member in whose place he is co-opted, selected or appointed would have held office, if the vacancy had not occurred.
15. (6) Where a person becomes a member by virtue of holding any office or being an employee, he shall cease to be a member of the committee, as soon as he ceases to be holder of that office or ceases to be such employee, as the case may be.
16. (7) The committee shall exercise such powers and perform such functions as may be conferred or entrusted to it by this Act or by the rules made there under or by the bye-laws of the State Agriculture and Rural Development Bank.
17. (8) Without prejudice to the other provisions relating to the procedure at the meeting of the committee as may be laid down by rules or bye-laws made in that behalf, one-third of the total number of members of the committee shall form the quorum at any meeting of the committee. 112-C. deleted