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L. A. BILL No. VII OF 2024.

A BILL

further to amend the Maharashtra Co-operative Societies Act, 1960. 

WHEREAS it is expedient further to amend the Maharashtra Co-operative

Societies Act, 1960, for the purposes hereinafter appearing; it is hereby enacted

in the Seventy-fifth Year of the Republic of India, as follows :—

1.

This Act may be called the Maharashtra Co-operative Societies (Second

Amendment) Act, 2024.

2.

After section 69 of the Maharashtra Co-operative Societies Act, 1960

(hereinafter referred to as “the principal Act”), the following section shall be

inserted, namely :––

Short title.

Mah.

XXIV

of

1961.

Mah.

XXIV

of

1961.

Insertion of

new section

69A in Mah.

XXIV of 1961.

RNI No. MAHBIL /2009/40123

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---------------------------------

MAHARASHTRA LEGISLATURE SECRETARIAT

The following Bill was introduced in the Maharashtra Legislative Assembly on the

29th February, 2024 is published under Rule 117 of the Maharashtra Legislative Assembly

Rules :-----

¦ÉÉMÉ {ÉÉSÉ-+-8---1

(1)

2

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“69A.

(1) There shall be constituted a Co-operative District Cadre of

Secretaries of the Primary Agricultural Co-operative Credit Societies

(hereinafter in this section referred to as “the Co-operative District Cadre”)

consisting of persons recruited for this purpose by the District Supervision

Co-operative Society. The number of persons to be recruited in the

Co-operative District Cadre and their conditions of service shall be

determined by the District Supervision Co-operative Society in accordance

with such general or special guidelines, if any, as may be issued by the State

Government, in this behalf, from time to time.

(2) A District Supervision Co-operative Society may, from time to time,

depute any person appointed by it to work under any society referred to in

sub-section (1) as it may consider necessary. Where any such person is posted

to work under any society, his services shall be taken over by the society on

such post, for such period and on such other terms and conditions, as the

District Supervision Co-operative Society may determine. The person so

posted shall draw his salary and allowances from the Fund established under

sub-section (4).

(3) The immediate initial supervisory control on the person appointed

in the Co-operative District Cadre and deputed or posted to work as a

Secretary under each of the societies referred to in sub-section (1) shall vest

with the society concerned. Such society shall follow the bye-laws of the

District Supervision Co-operative Society regarding the terms and conditions

of services of Secretaries.

(4) A District Supervision Co-operative Society shall establish a Fund

to be called “the Co-operative District Cadre Employment Fund” and it shall

be utilised for meeting the expenses on the salaries, allowances and other

emoluments to be paid to the persons appointed to the Co-operative District

Cadre and the other expenditure relating to the Cadre.

(5) Every society, which derives any benefit directly from the service of

any Secretary belonging to the Co-operative District Cadre shall contribute

to the said Fund at such rate and in such manner as may be prescribed by the

State Government. In determining the rate of contribution, the State

Government shall take into consideration the expenditure referred to in

sub-section (4), the services likely to be rendered, the financial condition

of the societies, including the loans disbursed and outstanding and other

non-credit activities undertaken by the concerned society.

(6) The State Government may make rules regulating all matters

connected with or ancillary to the custody and maintenance of, the payment

of money into, and the expenditure and withdrawal of money from, the said

Fund.”.

Constitution

of

Co-operative

District Cadre

of Secretaries

and

establishment

of

Employment

Fund for such

Cadre.

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3.

In section 88 of the principal Act, in sub-section (1), in the first proviso,

for the words “within a period of two years”, the words “within a period of one

year” shall be substituted.

Amendment

of section 88

of Mah.

XXIV of

1961.

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STATEMENT OF OBJECTS AND REASONS

The Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961)

aims at the orderly development of the co-operative movement within the

State. The Central Government has aimed at transformation of the Primary

Agricultural Co-operative Credit Societies into multipurpose business

entities, with a view to empower the co-operative sector for economic

development of rural area. For smooth functioning and effective control over

the said Primary Agricultural Co-operative Credit Societies it is considered

necessary to introduce the Co-operative District Cadre of Secretaries of such

societies and establishment of the Employment Fund for such Cadre. For

the said purposes, it is proposed to insert a new section 69A in the said Act

for constitution of Co-operative District Cadre of Secretaries and

establishment of the Co-operative District Cadre Employment Fund for such

Cadre.

2.

It is also proposed to amend section 88 of the said Act with a view to

reduce the period of completion of the inquiry and proceedings under

sub-section (1) of section 88, by the authorized person, from two years to one

year.

3.

The Bill seeks to achieve the above objectives. 

Mumbai, 

DILIP WALSE-PATIL,

Dated 28th February, 2024. 

Minister for Co-operation.

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MEMORANDUM REGARDING DELEGATED LEGISLATION 

The Bill involves the following proposals for delegation of legislative

power, namely :––

Clause 2.– Under this clause, which seeks to insert a new section 69A in

the Maharashtra Co-operative Societies Act, 1960,–– 

(i) in sub-section (5), power is taken to the State Government to

prescribe the rate and manner of the contribution to be paid by the society

which derives benefit directly from the service of secretary belonging to

the Co-operative District Cadre ;

(ii) in sub-section (6), power is taken to the State Government to

make rules for regulating all matters connected with or ancillary to the

custody and maintenance of, payment of money into, and the expenditure

and withdrawal of money from the Co-operative District Cadre

Employment Fund.

2.

The above-mentioned proposals for delegation of legislative power

are of normal character. 

Vidhan Bhavan :

JITENDRA BHOLE,

Mumbai, 

Secretary (I) (I/C),

Dated 29th February, 2024. 

Maharashtra Legislative Assembly.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR, RUPENDRA DINESH

MORE, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT

DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004

EDITOR : DIRECTOR, RUPENDRA DINESH MORE.