Reservation of seats on committees of societies for women members and elections

thereto.—

1. (1) Notwithstanding anything contained in this Act, or in the rules made there under, or in the bye-laws of any society, there shall be reserved seats for women on the committee of each society to represent the women members in the following manner, namely:—
   • (a) One seat on the committee consisting of not more than 9 committee members;
   • (b) Two seats on the committee consisting of 10 or more, but not exceeding 19 committee members; and
   • (c) Three seats on the committee consisting of 20 or more committee members. Explanation - For the purpose of determining the number of committee members under this sub-section, committee members who are elected, co-opted, nominated, appointed or otherwise occupying the position on the committee under section 73B, 73BB and under this sub-section shall not be included.
2. (2) The reserved seats referred to in sub-section (1) shall be in addition to the strength of the members of the committee of a society : Provided that, where the bye-laws of a society already provide for reservation of seats for women on the committee thereof, the total number of seats to be so reserved for women shall be equal to the number of seats specified in sub-section (1).
3. (3) Any individual woman member of the society, or any woman member of the committee of a member society, whether elected, co-opted or appointed, shall be eligible to contest the election to a reserved seat on a committee of society; and every person who is entitled to vote at the election of the committee shall be entitled to vote at the election to any such reserved seat.
4. (4) Where no woman member or, as the case may be, women members are elected to the reserved seats, then,—
   • (a) in the case of a society other than a society mentioned in clauses (b) and (c), the Chief Executive Officer such as the Chairman, Secretary or Manager or any other Officer, by whatever designation called (hereinafter in this section collectively referred to as "the Chairman");
   • (b) in the case of a society notified under section 73-IC, the Registrar; and
   • (c) in the case of a society specified under section 73G, the Collector shall call a meeting of the elected members of the committee to co-opt a woman member or, as the case may be, women members on the committee from amongst the persons entitled to contest the election under sub-section (3), and such meeting shall be presided over by the Chairman, if it is a society referred to in clause (a), or by the Registrar or any other officer authorised by him, if it is a notified society or by the Collector or any other officer authorised by him, if it is a specified society. If no woman member is co- opted at such meeting, the Chairman or the Collector or, where the meeting is presided over by an officer authorised by the Registrar or the Collector, such officer, as the case may be, shall, within a period of seven days from the date of such meeting, report the fact to the Registrar, and thereupon the Registrar shall, within a period of seven days from the date of receipt of such report by him, or where the Registrar himself has presided over such meeting, within a period of seven days from the date of such meeting, appoint on the committee a woman member or women members, as the case may be, from amongst the women members entitled to contest the election to the reserved seats under sub-section (3).
5. (5) Nothing in this section shall apply to a committee of any society which exclusively of men members, or as the case may be, of women members.
6. (6) Where election to the committee of any society has been held without holding election to such additional reserved seats or where election to such additional reserved seat could not be held on or before the 30th September, 1992 on account of any directions issued under section 157, then unless the process for election to the committee including such additional reserved seats for women members has already commenced, or election to the committee is or will be due and will be held after the commencement of the Maharashtra Co-operative Societies (Amendment) Act, 1992, such additional reserved seats of the committee shall be filled in by co-option of women members by the committee of the society.
7. (7) Notwithstanding anything contained in sub-section (6), no election to such additional reserved seats shall be held where the term of the committee of a society is to expire within six months from the date of the commencement of the Maharashtra Co-operative Societies (Amendment) Act, 1991.
8. (8) The term of office of such women members elected, co-opted or as the case may be, appointed on a committee, shall be co-terminus with the term of the committee as provided under the bye-laws of the society and at the time of every fresh election thereafter, election shall be held to the additional reserved seats for women members in accordance with the provisions of this section. 73-C. Restrictions on representation of certain class of members on committees of certain societies and for being designated officers.—
9. (1) In the case of a district Central Co-operative Bank or an Apex Cooperative Bank of the District Central Co-operative Banks, there shall not be more than one representative to be elected by individual members from amongst themselves, on the committee of such Bank, and such representative shall not be eligible for being elected or appointed as a designated officer.
10. (2) In the case of an Agricultural and Rural Development Bank or an Apex Agriculture and Rural Development Bank there shall not be more than one representative on the committee of such Bank, of members, who have not taken any loans from the Bank, and such representative shall not be eligible for being elected or appointed as a designated officer.
11. (3) In the case of an Agricultural Credit Society which gives loans to individuals for the raising of crops, there shall not be more than one representative on the committee of such society; of members who have not taken any loans from the society; and that representative shall be elected only from amongst members, who have not taken loans. Such representative shall not be eligible for being elected as a designated officer. 73-D Society's nominee on other society not eligible to be designated officer except in federal society No member of a society, who is nominated to represent it on any other society, shall be eligible for being elected or appointed as a designated officer of the other society, unless the other society is its federal society. 73-E In specified societies members not having minimum number of transactions of certain monetary limits not entitled to be designated officers.— In the case of such class or classes of societies as may be specified by the State Government, by notification in the Official Gazette, no member shall be eligible for being elected or appointed as a designated officer, if he does not fulfill the minimum qualification relating to his transactions with the society of such monetary limits as may be laid down, from time to time, in such notification. 73-F. Member who or whose near relation in dealing in goods for purchase of which loans are given by a society not eligible to be on its committee.— In the case of a society, which gives loans to members for purchasing machinery, implements, equipments, commodities or other goods, or which deals in such goods, no member, who or whose near relation is a dealer in such goods or is director of a company or a partner in a firm carrying on business in such goods, shall be eligible for being elected or appointed as a member of the committee of such society. Explanation - For the purposes of this section, the expression "near relation" means a wife, husband, father, mother, son, daughter son-in-law, or daughter-in-law. 73-FF. Disqualification for membership of committee.—
12. (1) Without prejudice to the other provisions of this Act or the rules made there under, in relation to the disqualification of being a member of a committee, no person shall be eligible for being appointed, nominated, elected, co-opted or, for being a member of committee, if he-
    • (i) is a defaulter of any society; Explanation — for the purposes of this clause, the term "defaulter" includes—
    • (a) in the case of a primary agricultural credit society, a member who defaults the repayment of the crop loan on the due date;
    • (b) in the case of term lending society; a member who defaults the payment of any installment of the loan granted to him;
    • (c) in the case of any society;
      • (i) A member who has taken anamat or advance; or,
      • (ii) A member who has purchased any goods or commodities on credit or availed himself of any services from the society for which charges are payable; and fails to repay the full amount of such anamat or advance or pay the price of such goods or commodities or charges for such service, after receipt of notice of demand by him from the concerned society or within thirty days from the date of withdrawal of anamat or advance by him or from the date of delivery of goods to him or availing of services by him, whichever is earlier;
    • (d) in the case of non-agricultural credit societies, a member who defaults the payment of any installment of the loan granted;
    • (e) in the case of housing societies, a member who defaults the payment of dues to the society within three months front the date of service of notice in writing served by post under certificate of posting demanding the payment of dues;
      • (ii) Has, in the opinion of the Registrar, deliberately committed breach of co-operative discipline with reference to linking up of credit with co-operative marketing or co- operative processing; or
      • (iii) Has been held responsible under section 79 or 88 or has been held responsible for payment of costs of inquiry under section 85; or
      • (iv) Has incurred any disqualification under this Act or the rules made there under; or
      • (v) carries on business of the kind carried on by the society either in his name or in the name of any member of his family or he or any member of his family as a partner in a firm or a director in a company which carries on business of the kind carried on by the society; or Explanation.- for the purposes of this clause, the expression "family" means a wife, husband, father, mother, brother, sister, son, daughter, son-in-law, or daughter-in-law.
      • (vi) is a salaried employee of any society (other than a society of employees themselves) or holds any office of profit under any society, except when he holds or is appointed to the office of a Managing Director or any other office declared by the State Government by general or special order not to disqualify its holder or is entitled to be or is selected or elected to any reserved seat on the committee of a society under section 73-BB.
13. (2) A member, who has incurred any disqualification under subsection (1), shall cease to be a member of the committee and his seat shall thereupon be deemed to be vacant. 73-FFF Eligibility for re-appointment or re-election as member of committee.—
14. (1) A member of a committee, who has ceased to be a member thereof, on account of having incurred disqualification under clause (ii) of sub-section (1) of section 73-FF shall be eligible to be re-appointed, re-nominated, re-co-opted or re-elected as a member of the committee after the expiry of the period of two years from the date on which he has so ceased to be a member of the committee.
15. (2) A member of a committee, who has ceased to be a member thereof, on account of having incurred disqualification under clause (iii) of sub-section (1) of section 73-FF, shall be eligible to be re-appointed, re-nominated, re-co-opted, or re-elected as a member of the committee after the expiry of the period of five years from the date on which he has so ceased to be a member of the committee.
16. (3) A member of a committee, who has ceased to be a member thereof on account of having incurred any disqualification other than disqualifications referred to in sub-sections (1) and (2), shall, unless otherwise specifically provided in this Act, be eligible to be re-nominated, re-co- opted, re-appointed or re-elected as a member of the committee, as soon as such disqualification ceases to exist. 73-G. Provision for conduct of elections to committees and of officers of certain societies and term of office of member of such committees.—
17. (1) The election of the members of the committees and the officers by the committees, of the societies of the categories mentioned below, shall be subject to the provisions of Chapter XI- A and shall be conducted in the manner laid down by or under that Chapter:—
    • (i) such Apex societies, which the State Government may, by general or special order published in Official Gazette, from time to time, specify in this behalf, regard being had to the financial position and share capital of such societies ;
    • (ii) all District Central Co-operative Banks;
    • (iii) all Primary Agriculture and Rural Development Banks;
    • (iv) (a) All District Co-operative Sale and Purchase Organizations;
    • (b) All Taluka Co-operative Sale and Purchase Organizations;
      • (v) all Co-operative Sugar Factories;
      • (vi) all Co-operative Spinning Mills;
      • (vii) any other societies or class of societies, which the State Government may, by general or special order published in the Official Gazette from time to time, specify in this behalf, regard being had to the financial position and share capital of such societies or class of societies.
18. (2) When the election of all the members of the committee of any such society is held at the same time, the members elected on the committee at such general election shall hold office for period of five years from the date on which the first meeting is held, unless the period is extended by the State Government, for reasons to be recorded in writing, for a period not exceeding one year so however that the total period does not exceed six years in the aggregate.

(2A) the term of office of the members who are appointed or nominated or co-opted or selected or elected on the committee including to fill the vacancy shall be co-terminus with the terms of office of the elected members under sub-section (1), notwithstanding the date of their appointment, nomination, co-option, selection or election including to fill the vacancy. (2B) Where, for any reason whatsoever, the election of the members of the committee was not held or could not be held before the expiry of the term or the extended term, as the case may be, of the existing committee, the members including the officers of the committee shall cease to hold office on the expiry of its term or extended term, as the case may be, and they shall be deemed to have vacated their offices: Provided that where the Collector fails to hold election to the committee of any such society, the term of office of the members of the committee of that society shall be deemed to have been extended till the date immediately preceding the date of the first meeting of the newly constituted committee.

1. (3) Notwithstanding anything in the bye-laws of any such society, only the committee of management shall be elected by a general body of members of the society; and all other committees authorised by or under the bye-laws may be constituted only by electing or appointing persons from among the persons who are members of the committee of management, and all such committees shall be sub-committees of the committee of management, and shall be subordinate to it. 73-H. Responsibility of committee to hold election before expiry of term.—
2. (1) It shall be the duty of the committee of every society to arrange for holding the election of its members before the expiry of its term.
3. (2) Where there is a willful failure on the part of the committee to hold election to the committee before the expiration of its term, the committee shall cease to function on the expiration of its term and the members thereof shall cease to hold office and the Registrar may himself take over the management of the society or appoint an Administrator (who shall not be from amongst the members of the committee the term of which has so expired) and the Registrar or Administrator shall hold election within a period of six months and the committee shall be constituted before the expiration of that period.