The Maharashtra Cooperative Societies (Goa Amendment) Act, 1988

Short title and commencement.—(1) This Act may be called the Maharashtra Cooperative Societies (Goa Amendment) Act, 1988.

1. (2) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint.

Amendment of section 2.—In section 2 of the Maharashtra Cooperative Societies Act, 1960 (Maharashtra Act XXIV of 1961), as in force in the State of Goa (hereinafter referred to as the "principal Act"),—

1. (a) after clause (19), the following clause shall be inserted, namely:— "(19A) ‘Goa State Cooperative Bank’ means the Goa State Cooperative Bank Limited, Panaji;";
2. (b) in clause (20), after the words "apex society", the words "or the Goa State Cooperative Bank" shall be inserted.

Amendment of section 3. - In section 3 of the Maharashtra Co-operative Societies Act, 1960 (Maharashtra Act XXIV of 1961) (hereinafter referred to as the "principal Act"), for the words "the State Government may," the words "the State Government may, by notification in the Official Gazette," shall be substituted.

Amendment of section 20. - In section 20 of the principal Act, for the words "The State Government may," the words "The State Government may, by notification in the Official Gazette," shall be substituted.

Amendment of section 21.—In section 21 of the principal Act, for the words "the Registrar shall" the words "the Registrar may, of his own motion or upon an application made to him in this behalf" shall be substituted.

Amendment of section 22.—In section 22 of the principal Act, to sub-section (2), the following proviso shall be added, namely:— " Provided that where an individual is a member of more than one society of the same class, he shall be entitled to vote in one society only as may be chosen by him."

Amendment of section 23.—In section 23 of the principal Act,—

1. (1) for sub-section (1), the following sub-section shall be substituted, namely:— “(1) No society shall, without sufficient cause, refuse admission to membership to any person duly qualified therefor under the provisions of this Act and its bye-laws.”;
2. (2) in sub-section (2), for the words “within a period of three months from the date of the receipt of the application for admission”, the words “within a period of two months from the date of the receipt of the application for membership” shall be substituted.

Amendment of section 24.—In section 24 of the principal Act, in sub-section (2), for the words “shall be open to inspection by any member of the society during office hours”, the words “shall be open to inspection by any member of the society, during office hours and upon payment of such fee as may be specified in the bye-laws of the society” shall be substituted.

Amendment of section 25.—In section 25 of the principal Act, for the words "one year", the words "six months" shall be substituted.

Amendment of section 26.—In section 26 of the principal Act, in sub-section (2), for the words "one year", the words "six months" shall be substituted.

Amendment of section 27.—In section 27 of the principal Act,—

1. (a) in sub-section (3), the words "except where such society is a member of any other society" shall be omitted;
2. (b) in sub-section (8), the proviso shall be omitted.

Amendment of section 28.—In section 28 of the principal Act, the words "or in the case of a society with limited liability of any member who holds more than such portion of the total share capital of the society not exceeding one-fifth thereof as may be prescribed" shall be omitted.

Amendment of section 29.—In section 29 of the principal Act,—

1. (a) in sub-section (1), for the words "transfer of his share or interest" the words "transfer of his share or interest, or creation of a charge on his share or interest" shall be substituted;
2. (b) in sub-section (2), for the words "transfer of share or interest" the words "transfer of share or interest, or creation of a charge on his share or interest" shall be substituted.

Amendment of section 30.—In section 30 of the principal Act, in sub-section (1), for the words "transfer of his share or interest", the words "transfer of his share or interest, or creation of a charge on his share or interest" shall be substituted.

Amendment of section 31.

Amendment of section 32 Amendment of section 32. In section 32 of the principal Act,

1. (1) for the words "one member", the words "such number of members as may be prescribed" shall be substituted;
2. (2) the following proviso shall be added, namely:— " Provided that the State Government may by notification in the Official Gazette, prescribe different number of members for different classes of societies."

Amendment of section 33.—In section 33 of the principal Act, for the words "one-fifth", the words "one-third" shall be substituted.

Amendment of section 34.—In section 34 of the principal Act, for the words "one-fifth", the words "one-third" shall be substituted.

Amendment of section 35.—In section 35 of the principal Act,—

1. (a) in sub-section (1), for the words "one-fifth" the word "one-third" shall be substituted;
2. (b) in sub-section (2), for the words "one-fifth", the word "one-third" shall be substituted.

Amendment of section 36.—In section 36 of the principal Act, for the words "one-fifth", the word "one-third" shall be substituted.

Amendment of section 37.—In section 37 of the principal Act,—

1. (a) in sub-section (1), for the words "one-half", the words "four-fifths" shall be substituted;
2. (b) in sub-section (2), for the words "one-half", the words "four-fifths" shall be substituted.

Amendment of section 38.—In section 38 of the principal Act, in sub-section (1), for the words "one-half", the words "four-fifths" shall be substituted.

Amendment of section 39.—In section 39 of the principal Act, for the words "one-fifth", the words "one-third" shall be substituted.

Amendment of section 40.—In section 40 of the principal Act,—

1. (a) for the words "one-fifth", the words "one-third" shall be substituted;
2. (b) for the words "one month", the words "forty-five days" shall be substituted.

Amendment of section 41.—In section 41 of the principal Act, for the words "one-fourth", "three-fourths" and "one-fifth" the words "one-third", "two-thirds" and "one-fourth" shall respectively be substituted.

Amendment of section 42.—In section 42 of the principal Act, for the words "one-fourth", "three-fourths" and "one-fifth" the words "one-third", "two-thirds" and "one-fourth" shall respectively be substituted.

Amendment of section 43.- In section 43 of the principal Act, in sub-section (1), for the words "one-fourth", at both the places where they occur, the words "one-third" shall be substituted.

Amendment of section 44.- In section 44 of the principal Act, in sub-section (1), for the words "one-fourth", at both the places where they occur, the words "one-third" shall be substituted.

Amendment of section 45.—In section 45 of the principal Act,—

1. (a) in sub-section (1), for the word "two", the word "three" shall be substituted;
2. (b) in sub-section (2), for the word "two", the word "three" shall be substituted.

Amendment of section 46.—In section 46 of the principal Act, in sub-section (1), for the word "two", the word "three" shall be substituted.

Amendment of section 47.—In section 47 of the principal Act, in sub-section (1), for the figures "45", the figures "46" shall be substituted.

Amendment of section 48.—In section 48 of the principal Act,—

1. (a) in sub-section (1), for the figures "45", the figures "46" shall be substituted;
2. (b) in sub-section (2), for the figures "45", the figures "46" shall be substituted.

Amendment of section 49.—In section 49 of the principal Act, for sub-section (1), the following sub-section shall be substituted, namely:—

1. (1) A society shall create and maintain a reserve fund, and may create other funds as may be provided by its bye-laws: Provided that, a society may, and if required by the Registrar shall, create a Co-operative Education Fund out of its net profits, as may be prescribed, and contribution to this fund shall be paid to the Goa State Co-operative Union Limited in the prescribed manner.

Amendment of section 50.—In section 50 of the principal Act, for the words "local authority" wherever they occur, the words "local authority, local body or the Government" shall be substituted.

Amendment of section 51.—

Insertion of new section 51A Insertion of new section 51A.— After section 51 of the principal Act, the following section shall be inserted, namely:— "51A. Restriction on grant of loans.—

1. (1) No society shall grant loans to its members on the security of movable property with any company or the Government, unless such property is transferred to the society or is hypothecated in its favour in the prescribed manner.
2. (2) Notwithstanding anything contained in any law for the time being in force, any loan granted by a society in contravention of the provisions of sub-section
3. (1) shall be void and the amount of such loan shall be liable to be recovered immediately from the member.".

Amendment of section 52.—In section 52 of the principal Act,—

1. (1) in clause (a), for the words "five years", the words "ten years" shall be substituted;
2. (2) in clause (b), for the words "five years", at both places where they occur, the words "ten years" shall be substituted.

Amendment of section 53.—In section 53 of the principal Act, in sub-section (1), for the words "five years", the words "ten years" shall be substituted.

Amendment of section 54.—In section 54 of the principal Act,—

1. (a) in sub-section (1), for the word "Co-operative" the word "Co-operative" shall be deleted;
2. (b) in sub-section (2), for the words "the State Government" the words "the Government" shall be substituted.

Amendment of section 55.—In section 55 of the principal Act, in sub-section (1), for the words "the State Government" the words "the Government" shall be substituted.

Amendment of section 56.—In section 56 of the principal Act,—

1. (a) in sub-section (1), for the word "No", the words "Subject to the provisions of section 43 and section 44, no" shall be substituted;
2. (b) in sub-section (2), for the words "the net profits", the words "the net profits not exceeding twenty per centum" shall be substituted.

Amendment of section 57.—In section 57 of the principal Act, in sub-section (1), for the words "every co-operative society", the words "every co-operative society, other than a co-operative housing society," shall be substituted.

Amendment of section 58.—In section 58 of the principal Act,—

1. (a) in sub-section (1), for the word "two", the word "three" shall be substituted;
2. (b) in the proviso to sub-section (1), for the words "one year", the words "two years" shall be substituted.

Amendment of section 59.—In section 59 of the principal Act, in sub-section (1), for the word "two", the word "three" shall be substituted.

Amendment of section 60.—In section 60 of the principal Act, in sub-section (1), for the figures and words "30th day of June", the figures and words "31st day of March" shall be substituted.

Amendment of section 61.—In section 61 of the principal Act, in sub-section (1), for the figures and words "30th day of June", the figures and words "31st day of March" shall be substituted.

Amendment of section 62.—In section 62 of the principal Act,—

1. (a) in sub-section (1), for the word “him” the words “it or him” shall be substituted;
2. (b) in sub-section (2), for the words “the Registrar shall pass” the words “it or the Registrar shall pass” shall be substituted.

Amendment of section 63.—In section 63 of the principal Act, for the word “him”, wherever it occurs, the words “it or him” shall be substituted.

Amendment of section 64.- In section 64 of the principal Act, in sub-section (1), for the words "one hundred rupees", the words "five hundred rupees" shall be substituted.

Amendment of section 65.- In section 65 of the principal Act, in sub-section (1), for the words "five hundred rupees", the words "one thousand rupees" shall be substituted.

Amendment of section 66.- In section 66 of the principal Act, in sub-section (1), for the words "one-fourth", at both the places where they occur, the words "one-tenth" shall be substituted.

Amendment of section 67.- In section 67 of the principal Act, for the words "one-fourth", the words "one-tenth" shall be substituted.

Amendment of section 68.—In section 68 of the principal Act, for the words "one-fourth", "one-tenth" and "two-thirds", the words "one-third", "one-twelfth" and "three-fourths" shall respectively be substituted.

Amendment of section 69.—In section 69 of the principal Act, for the words "one-fourth", "one-tenth" and "two-thirds", the words "one-third", "one-twelfth" and "three-fourths" shall respectively be substituted.

Amendment of section 70.—In section 70 of the principal Act, for the word "State", the word "Government" shall be substituted.

Amendment of section 71.—In section 71 of the principal Act, for the word "State", the word "Government" shall be substituted.

Amendment of section 72.—In section 72 of the principal Act, for the words "one-third" the words "one-half" shall be substituted.

Amendment of section 73.—In section 73 of the principal Act,—

1. (a) in sub-section (1), for the word "members" the words "members, including such number of members as may be prescribed to represent the interests of the weaker sections," shall be substituted;
2. (b) in sub-section (2), for the words "The committee shall be constituted" the words "The committee shall be constituted, in such manner as may be prescribed," shall be substituted.

Amendment of section 74.—In section 74 of the principal Act,—

1. (a) in sub-section (1), for the word "Every" the words "Subject to the provisions of sub-section (1A), every" shall be substituted;
2. (b) after sub-section (1), the following sub-section shall be inserted, namely:— "(1A) Notwithstanding anything contained in clause
3. (a) of sub-section (1), any society or class of societies which the Government may, by notification in the Official Gazette, specify, may constitute a committee consisting of such number of members as may be prescribed, to manage the affairs of the society: Provided that the number of members of such committee shall not exceed seven.";
4. (c) in sub-section (2), for the words "the committee" wherever they occur, the words "the committee or, as the case may be, the managing committee" shall be substituted.

Amendment of section 75.—In section 75 of the principal Act, in sub-section (1), for the words "shall close its books of account and bring them to a balance on or before such date as may be prescribed and prepare its income and expenditure account and balance sheet" the words "shall intimate to the Registrar the date of the close of the financial year and shall close its books of account and bring them to a balance on or before that date and prepare its income and expenditure account and balance sheet" shall be substituted.

Amendment of section 76.—In section 76 of the principal Act, for subsection (1), the following shall be substituted, namely:—

1. (1) An appeal against the decision or order of the Registrar or his nominee or the liquidator shall be made to the Cooperative Tribunal.

Amendment of section 77.—In section 77 of the principal Act, for the words "State Government" wherever they occur, the words "Cooperative Tribunal" shall be substituted.

Amendment of section 78. In section 78 of the principal Act,—

1. (a) in sub-section (1), for the word "two" where it occurs for the first time, the word "three" shall be substituted;
2. (b) in the proviso to sub-section (1), for the word "two", the word "three" shall be substituted;
3. (c) in sub-section (2), for the words "two years", the words "three years" shall be substituted.

Amendment of section 79.

Amendment of section 80 Amendment of section 80.—In section 80 of the principal Act, for the words "of the society" the words "of the society, or for such other period as the Registrar may direct, not exceeding five years in the aggregate" shall be substituted.

Amendment of section 81.—In the proviso to sub-section

1. (1) of section 81 of the principal Act, for the words "two years" the words "five years" shall be substituted.

Amendment of section 82.—In section 82 of the principal Act, for the words "one member of the committee," the words "three members of the committee" shall be substituted.

Amendment of section 83.—In section 83 of the principal Act, in sub-section (1), for the words "one or more officers of the society," the words "one or more officers of the society, or such other person or persons as the Registrar may deem fit," shall be substituted.

Amendment of section 84.—In section 84 of the principal Act, in sub-section (1), for the word "three", the word "two" shall be substituted.

Amendment of section 85.—In section 85 of the principal Act, in sub-section (1), for the word "three", the word "two" shall be substituted.

Amendment of section 86.— In section 86 of the principal Act, in sub-section (1), for the words “has been given”, the words “has been given, or that the affairs of the society are being managed in a manner prejudicial to the interest of the society” shall be substituted.

Amendment of section 87.— In section 87 of the principal Act, in sub-section (1), for the word “three”, the word “five” shall be substituted.

Amendment of section 88.—In section 88 of the principal Act,—

1. (1) for the figures and word "88 and 89", the figures and word "88, 89 and 90" shall be substituted;
2. (2) for the words "the Registrar", the words "the Registrar or any officer subordinate to him" shall be substituted.

Amendment of section 89.—In section 89 of the principal Act,—

1. (1) in sub-section (1), for the word "Registrar" the words "Registrar or any officer subordinate to him", shall be substituted;
2. (2) in sub-section (2), for the words "the Registrar" the words "the Registrar or any officer subordinate to him" shall be substituted.

Amendment of section 90.— In section 90 of the principal Act, for the words "one member of the committee," the words "three members of the committee" shall be substituted.

Amendment of section 91.— In section 91 of the principal Act,—

1. (1) in sub-section (1), for the word "suit" occurring at both the places, the word "dispute" shall be substituted;
2. (2) in sub-section (2), for the words "by a suit" the words "as a dispute" shall be substituted;
3. (3) after sub-section (3), the following sub-section shall be inserted, namely:— "(4) Any dispute brought before the Registrar or his nominee or board of nominees under sub-section
4. (1) shall be disposed of by a summary procedure as may be prescribed."

Amendment of section 92.—In section 92 of the principal Act,—

1. (a) in sub-section (1), for the word "three" occurring at both the places, the word "six" shall be substituted;
2. (b) in sub-section (2), for the word "three", the word "six" shall be substituted.

Amendment of section 93.—In section 93 of the principal Act, in sub-section (1), for the word "three", the word "six" shall be substituted.

Amendment of section 94.—In section 94 of the principal Act, in sub-section (1), for the word "two", the word "three" shall be substituted.

Amendment of section 95.—In section 95 of the principal Act, in sub-section (1), for the word "two", the word "three" shall be substituted.

Amendment of section 96.—In section 96 of the principal Act,—

1. (a) in sub-section (1), for the words "the Registrar may", the words "the Registrar may, after giving an opportunity of being heard to the parties," shall be substituted;
2. (b) in sub-section (2), for the words "give a decision", the words "after giving an opportunity of being heard to the parties, give a decision" shall be substituted.

Amendment of section 97.—In section 97 of the principal Act,—

1. (a) in sub-section (1), for the words "the Registrar", the words "the State Government" shall be substituted;
2. (b) for sub-section (2), the following sub-section shall be substituted, namely:— "(2) Every candidate for election as a member of the committee or other body of a society of the class mentioned in sub-section

1. (1) shall possess such qualifications as may be prescribed.";
   • (c) in sub-section (3), for the words "The Registrar", the words "The State Government" shall be substituted.

Amendment of section 98.—In section 98 of the principal Act, for the word "two" the word "three" shall be substituted.

Amendment of section 99.—In section 99 of the principal Act, for the word "two" the word "three" shall be substituted.

Amendment of section 100.— In section 100 of the principal Act,—

1. (1) in sub-section (1), for the word "three", the word "one" shall be substituted;
2. (2) in sub-section (2), for the words "three months", the words "one month" shall be substituted.

Amendment of section 101.—

Amendment of section 102 Amendment of section 102.—In section 102 of the principal Act, in sub-section (1), for the words "one month", the words "two months" shall be substituted.

Amendment of section 103.—In section 103 of the principal Act, in sub-section (1), for the words "one month", wherever they occur, the words "two months" shall be substituted.

Amendment of section 104.— In section 104 of the principal Act,—

1. (a) in sub-section (1), for the word "two" the word "three" shall be substituted;
2. (b) in sub-section (2), for the word "two" the word "three" shall be substituted.

Amendment of section 105.— In section 105 of the principal Act, in sub-section (1), for the word "two" the word "three" shall be substituted.

Amendment of section 106 In section 106 of the principal Act, for the words "one month", the words "three months" shall be substituted.

Amendment of section 107 In section 107 of the principal Act, for the words "one month", the words "three months" shall be substituted.

Amendment of section 108.- In section 108 of the principal Act, for the word "State", the word "Government" shall be substituted.

Amendment of section 109.- In section 109 of the principal Act, for the word "State", the word "Government" shall be substituted.

Amendment of section 110.—In section 110 of the principal Act, for the word "two" the word "five" shall be substituted.

Amendment of section 111.—In section 111 of the principal Act, for the word "two" the word "five" shall be substituted.

Amendment of section 112.—In section 112 of the principal Act, for clause (a), the following clause shall be substituted, namely:—

1. (a) failing to furnish information or returns required by the Registrar;

Repeal and saving.—(1) The Maharashtra Co-operative Societies Act, 1960 (Maharashtra Act XXIV of 1961), as in force in the State of Goa, is hereby repealed.

1. (2) Notwithstanding such repeal, anything done or any action taken (including any appointment, rule, bye-law, order, notification or instrument made or issued) or any proceedings commenced or continued under the said Act shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done, taken, made, issued, commenced or continued under the corresponding provisions of this Act, and shall continue in force unless and until superseded by anything done or any action taken under this Act.