Chapter III MISCELLANEOUS

(1) Any person who– (a) having in his possession, custody or control any property forming part of the undertaking of the said Institution wrongfully withholds such property from the Society or from any person or persons authorized by it to manage the affairs of the said Institution; or (b) wrongfully obtains possession of any property forming part of the undertaking of the said Institution, the management and control of which stands transferred to the Society under the Act; (c) wilfully withholds or fails to furnish to the Society or any person specified by that Society as required by sub-section (2) of section 9 any documents which may be in his possession, custody or control; or (d) wilfully fails to furnish an inventory as required under section 10; or (e) when required to furnish such inventory, furnishes any particulars therein which are false and which he either knows or believes to be false or does not believe to be true; or (f) wilfully obstructs any person from duly carrying out all or any of the provisions of this Act, shall, on conviction, be punished with imprisonment for a term which may extend to two years, or with fine or with both: Provided that, the Court trying any offence under clause (a) or clause (b) of this sub-section may, at the time of convicting the accused person, order him to deliver up or refund within a time to be fixed by the Court any property wrongfully withheld or wrongfully obtained or any document wilfully withheld or not furnished: Provided further that, nothing contained in this section or any other provision of this Act shall render any person liable to be convicted of an offence in respect of anything done or omitted to be done by him before the appointed date. (2) No Court shall take cognizance of an offence punishable under this section except with the previous sanction of the State Government or of an officer authorized by that Government in this behalf.

Protection of action taken under this Act.— No suit, prosecution or other legal proceeding shall lie against the Society or an officer or other employee serving in connection with the affairs of the Society for anything which is in good faith done or intended to be done under this Act.

(1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act including provision for charging fees for carrying out such purposes. (2) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before each House of the Legislature of the State while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Amendment of Act XXI of 1860.— In the Societies Registration Act, 1860 (XXI of 1860), after section 20 the following new sections shall be inserted, namely:— 20A. Definition of Special Society.— For the purposes of this Act, ‘a Special Society’ means a Society formed for the purposes of the Maharashtra Educational Institutions (Transfer of Management) Act, 1971 (Mah. XLIX of 1971). 20B. Power to modify Act in relation to Special Societies.— (1) The State Government may, by notification in the Official Gazette, direct that any of the provisions of this Act specified in the notification— (a) shall not apply to a Special Society; or (b) shall apply to the Special Society with such exception, modifications and adaptations as may be specified in the notification. (2) A copy of every notification proposed to be issued under sub-section (1) shall be laid in draft before both the Houses of the Legislature of the State for a period of not less than thirty days while they are in session, and if within that period, either House disapproves of the issue of the notification, or approves of such issue only with modifications, the notification shall not be issued or, as the case may require, shall be issued only with such modifications as may be agreed on by both the Houses.

For the purposes of this Act, ‘a Special Society’ means a Society formed for the purposes of the Maharashtra Educational Institutions (Transfer of Management) Act, 1971 (Mah. XLIX of 1971).

1. (1) The State Government may, by notification in the Official Gazette, direct that any of the provisions of this Act specified in the notification—
   • (a) shall not apply to a Special Society; or 1 The new sections 21 and 22 of the Societies Registration Act, 1860 were renumbered as sections 20A and 20B respectively by Mah. 11 of 1976, s. 3, Second Schedule.
   • (b) shall apply to the Special Society with such exception, modifications and adaptations as may be specified in the notification.
2. (2) A copy of every notification proposed to be issued under sub-section (1) shall be laid in draft before both the Houses of the Legislature of the State for a period of not less than thirty days while they are in session, and if within that period, either House disapproves of the issue of the notification, or approves of such issue only with modifications, the notification shall not be issued or, as the case may require, shall be issued only with such modifications as may be agreed on by both the Houses.]