Shankar Nair
Open issues under The Maharashtra Cooperative Societies (Amendment) Act 2013
1. Finally the Maharashtra Cooperative Societies (Amendment) Act 2013 claiming to be making necessary deletions and additions to provisions of the M. C. S. Act 1960 effective 14 2 2013 to align with constitutional mandates under “Part IXB The Cooperative societies” is in place.
2. Unfortunately the Incumbent Secretary level bureaucrat is not seem to have been located who is poised to enter the maiden office of the “State Co-operative Election Authority’ and kick start with the
a. Elections of the society or class of societies as per the procedure, guidelines and the manner, including using the latest technology and expertise, as may be prescribed subject to the State Government classifying the societies in such manner as may be prescribed.
b. Elections to the committee and also to office of President or Chairperson, Vice-President or Vice-Chairperson and such other office bearers as are required to be elected as per the by-laws of the society, within fifteen days from the constitution of the committee after a general election.
3. Clause 15 of Section 73CB providing the complete law as regards this Authority, reads as under:
“Notwithstanding anything contained in this Act, the rules or the by-laws of any co-operative society, [or Part IXB of the Constitution of India as inserted by the 97TH Constitutional Amendment Act 2011)] the election to the committee and consequent election of the office-bearers which is due on the date of commencement of the Maharashtra Co-operative Societies (Amendment) Mah. Act, 2013, or may become due after such date, until 31st March 2013 shall be held before the 31st December 2013.”
Three questions for consideration of Shri I C Naik Sir,
a. Is it wrong to imagine the following phrase as inserted in Clause 15 of Section 73CB of the M. C. S. Act 1960 namely [or Part IXB of the Constitution of India as inserted by the 97th Constitutional Amendment?
b. What should the Committees completing tenure of 5 years after 31 3 2013 do?
c. What is this “as may be prescribed” appearing in 2 a.?
I shall thank you to please favour with an immediate answer.
I C Naik
1. Part IXB of the Constitution lays down mandatory guidelines for the States to Pass a State Law. So this does not figure in State Law.
2. Not giving directions to Committees completing tenure after 31 3 2013 is an error. It can be assumed that this date extends to 31 12 2013.
3. “May be Prescribe” stands for as may be laid down in the Maharashtra Cooperative Societies Rules 1961.See Section 2(21) of the Maharashtra Cooperative Societies At 1960.