The Maharashtra Co-operative Sugar Factories (Under Erection and Certain others) (Postponement of Election) Act, 1977

1. (1) This Act may be called the Maharashtra Co-operative Sugar Factories (under erection and certain others) (Postponement of Elections) Act, 1977.
2. (2) It shall be deemed to have come into force on the 1st September 1977.
3. (3) It shall remain in operation upto and inclusive of the 20th October 1978, or, such earlier date as may be notified by the State Government in the Official Gazette, and shall then expire. Section 7 of the Bombay General Clauses Act, 1904, shall apply upon the expiry of this Act, as if it had been repealed by a Maharashtra Act.

In this Act, unless the context otherwise requires,—

1. (a) "administrator", "committee" and "society" shall have the meanings assigned to them in the Co-operative Societies Act;
2. (b) "Co-operative Sugar Factory under erection" means any Co-operative Sugar Factory specified in Schedule I, and "other Co-operative Sugar Factory" means any Co-operative Sugar Factory specified in Schedule II, which is registered or deemed to be registered under the Co-operative Societies Act;
3. (c) "the Co-operative Societies Act" means the Maharashtra Co-operative Societies Act, 1960.

Notwithstanding anything contained in the Co-operative Societies Act and the rules and by-laws made thereunder or in the Maharashtra Specified Co-operative Societies (Postponement of Elections due to the Emergency) Act, 1975,—

1. (a) during the period from the date of commencement of this Act upto and inclusive of the 20th October 1978, or such earlier date as may be notified by the State Government under sub-section

1. (3) of section 1 (hereinafter referred to in this section as "the said period"), no election to the committee, or election to fill any casual vacancy in the committee, of any Co-operative Sugar Factory under erection shall be held, even though an election programme may have been announced in any case, or an election may have been commenced but the poll has not been taken in any case, and any such programme or any action taken thereunder shall stand cancelled from the date of commencement of this Act;
   • (b) the term of office (including any extended term of office) of members (whether elected, appointed, nominated or co-opted) of the committees of, or of the administrators appointed to manage the affairs of, such societies, who were in office on the day immediately preceding the date of commencement of this Act (whether their term had expired before, or will expire on or after the said date at any time during the said period), shall be deemed to have been extended, or to be extended, as the case may be; and such members or administrators, as the case may be, shall continue to hold office during the said period.

Notwithstanding anything contained in the Co-operative Societies Act and the rules and by-laws made thereunder or in the Maharashtra Specified Co-operative Societies (Postponement of Elections due to the Emergency) Act, 1975,—

1. (a) during the period from the date of commencement of this Act upto and inclusive of the 20th October 1977 (in this section referred to as "the period aforesaid"), no election to the committee, or election to fill any casual vacancy in the committee, of any other Co-operative Sugar Factory shall be held, even though an election programme may have been announced in any case, or an election may have been commenced but the poll has not been taken in any case, and any such programme or any action taken thereunder shall stand cancelled from the date of commencement of this Act;
2. (b) the term of office (including any extended term of office) of members (whether elected, appointed, nominated or co-opted) of the committees of, or of the administrators appointed to manage the affairs of, such societies, who were in office on the day immediately preceding the date of commencement of this Act (whether their term had expired before, or will expire on or after the said date at any time during the period aforesaid), shall be deemed to have been extended or to be extended, as the case may be; and such members or administrators shall continue to hold office during the period aforesaid.

The committee of every Co-operative Sugar Factory referred to in sections 3 and 4 shall have power to co-opt any member, who is duly qualified in this behalf, to fill any vacancy caused due to resignation, death or otherwise, of its member.

If the State Government is of opinion that it is necessary or expedient so to do in the public interest, it may, by notification in the Official Gazette, remove the committee of any Co-operative Sugar Factory under erection or any other Co-operative or Sugar Factory or one or more members thereof and appoint a new committee or one or more administrators in place of the committee or one or more members in place thereof. These persons shall be appointed for such period and subject to such terms and conditions as may be specified in the notification : Provided that, no such notification shall be issued, unless the member or members concerned are given a reasonable opportunity of making a representation to the State Government on the action proposed to be taken against them.

All members of the committees, and all administrators, of any Co-operative Sugar Factories, whose term of office is deemed to have been extended or is extended, as the case may be, under section 3 or 4, shall, throughout their respective extended period, be competent to exercise all powers and to perform all duties and functions as such members or administrators, as the case may be; and no acts done by any such member or administrator during the relevant period, shall be deemed to be invalid, or shall be called in question in any Court, merely on the ground that the whose term of office was not extended in time, or was not otherwise duly extended, or that during the extended period the committee, members or administrator could not exercise all powers and perform all duties and functions of a committee, member or administrator, as the case may be.

Notwithstanding anything contained in this Act, after a date (being a date before the date of expiry of the extended period under section 3 or 4, as the case may be), to be notified by the State Government in the Official Gazette, arrangements shall be made by the Collectors concerned to constitute new committees, in accordance with the provisions of the Co-operative Societies Act and the rules and by-laws made thereunder, before, or as soon as possible after, the expiration of the term of office of the existing committees and administrators concerned, which stands extended under section 3 or 4, as the case may be.

Except as otherwise provided by or under this Act, the Co-operative Societies Act shall in all other respects apply to the Co-operative Sugar Factories concerned.

If any difficulty arises in giving effect to any provisions of this Act, or by reason of anything contained therein, or in giving effect to the provisions of the Co-operative Societies Act, the State Government may, as occasion arises, by order, do anything which appears to it to be necessary for the purposes of removing the difficulty.

With effect from the date of commencement of this Act, the Maharashtra Specified Co-operative Societies (Postponement of Elections due to the Emergency) Act, 1975, shall cease to apply to the Co-operative Sugar Factories specified in Schedules I and II appended to this Act.

1. (1) The Maharashtra Co-operative Sugar Factories (under erection and certain others) (Postponement of Elections) Ordinance, 1977, is hereby repealed.
2. (2) Notwithstanding such repeal, anything done or any action taken (including any notification or order issued) under the said Ordinance shall be deemed to have been done or taken or issued, as the case may be, under the corresponding provisions of this Act.

[See clause (b) of section 2] 1. Nashik Sahakari Sakhar Karkhana Limited, Palse, district Nashik. 2. Karmaveer Kakasaheb Wagh Sahakari Sakhar Karkhana Limited, Ranwad, taluka Niphad, district Nashik. 3. Daulat Shetkari Sahakari Sakhar Karkhana Limited, Yeshwantnagar, taluka Chandgad, district Kolhapur.

[See clause (b) of section 2] 1. Shri Jagadamba Sahakari Sakhar Karkhana Limited, at and Post Rashin, taluka Karjat, district Ahmadnagar. 2. Ambajogai Sahakari Sakhar Karkhana Limited, Ambajogai, district Beed. 3. Sahyadri Sahakari Sakhar Karkhana Limited, Shirwade, taluka Karad, district Satara. 4. Sidheshwar Sahakari Sakhar Karkhana Limited, Sillod, district Aurangabad. 5. Kannad Sahakari Sakhar Karkhana Limited, Kannad, district Aurangabad. 6. Vinayak Sahakari Sakhar Karkhana Limited, Parsoda, taluka Vaijapur, district Aurangabad. 7. Marathwada Sahakari Sakhar Karkhana Limited, Dongarkada, taluka Kalamnuri, district Parbhani. 8. Belganga Sahakari Sakhar Karkhana Limited, Bhoras, taluka Chalisgaon, district Jalgaon. 9. Dnyaneshwar Sahakari Sakhar Karkhana Limited, Bhende Budruk, taluka Newasa, district Ahmadnagar. 10. Gangapur Sahakari Sakhar Karkhana Limited, Gangapur, district Aurangabad. 11. Saswadmali Sahakari Sakhar Karkhana Limited, Malinagar, district Solapur. 12. Adinath Sahakari Sakhar Karkhana Limited, district Solapur.