Goa act 013 of 1992 : Maharashtra Co-operative Societies (Goa Amendment) Act, 1992

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Maharashtra Co-operative Societies (Goa Amendment) Act, 1992.

(2) Section 4 shall come into force at once and the remaining sections shall be deemed to have come into force with effect from 10th day or April, 1992.

Section 2. Amendment of section 73A

2. Amendment of section 73A.- In sub-section (6) of section 73A of the Maharashtra Co-operative Societies Act, 1960 (Maharashtra Act No. 24 of 1961) as in force in the State of Goa (hereinafter referred to as the ‘principal Act’), for the word "six" wherever it occurs, the word "eight" shall be substituted.

Section 3. Amendment of section 73H

3. Amendment of section 73H.- In section 73H of the principal Act,-

(a) in sub-section (2),-

(i) for the words "for a period or five years from the date on which the first meeting is held", the words "for a period of four years from the date on which the first meeting is held" shall be substituted;

(ii) the proviso shall he omitted;

(b) in sub-section (2a), for the words "five years", the words "four years" shall be substituted.

Section 4. Insertion of section 73I

4. Insertion of section 73I.- After section 73H of the principal Act, the following section shall be inserted, namely:-

"73.1.- Motion of no confidence against officers of societies.- (1) A President, Vice-President, Chairman, Vice-Chairman, secretary, treasurer or any oilier officer by whatever designation called who holds office by virtue of his election to that office shall tease to be such President, Vice-President, Chairman, Vice-Chairman, Secretary, treasurer or any other officer, as the case may be, it the motion of no confidence is passed at a meeting of the committee by a simple majority of the total number or committee members who are for the time being entitled to attend and vote at any meeting of the committee and the office of such President, Vice-President, Chairman, Vice-Chairman, secretary, treasurer or any other officer, as the case may be, shall thereupon be deemed to be vacant.

(2) The requisition for convening special meeting of the committee for considering such motion of no confidence shall be signed by not less than one-third of the total number of members of the committee who are for the time being entitled to attend and vote at any meeting of the committee and shall be delivered to the Registrar:

Provided that, no such requisition for a special meeting shall be made within a period of six months from the date on which any officer referred to in sub-section (1) has entered upon his office.

(3) The Registrar shall, within seven days from the date of receipt of requisition under sub-section (2), convene a special meeting of the committee. The meeting shall be held on a date not later than fifteen days from the date of issue of the notice of the meeting.

(4) The meeting shall be presided over by the Registrar or any officer subordinate to him who is authorised by him in this behalf. The Registrar or such officer shall, when presiding over the meeting of the committee, have the same powers as the President or Chairman when presiding over a committee meeting has, but shall not have the right to vote.

(5) The meeting called under this section shall not for any reason, be adjourned.

(6) Voting at the meeting shall be by raising of hands. The names of the committee members voting for and against the motion shall be read in the meeting and recorded in the minute book of the committee meetings:

Provided that if one-third of the members of the committee present so demand, the voting shall be by secret ballot.

(7) If the motion of no confidence is rejected, no fresh motion of no confidence shall be brought before the committee within a period of six months from the date of such rejection of the motion."

Section 5. Repeal and saving

5. Repeal and saving.- (1) The Maharashtra Co-operative Societies (Goa Amendment) Ordinance, 1992 (Ordinance No. A of 1992), is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act, as amended by this Act.