Maharashtra act 059 of 1974 : The Maharashtra Co-operative Sugar Factories under erection (Postponement of Elections) Act, 1974.

  • Date:
Department
  • Co-operation, Marketing and Textiles Department
Ministry
  • Ministry of Govt of Maharashtra
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Section 1.Short title and commencement.

(1) This Act may be called the Maharashtra Co-operative Sugar Factories under erection (Postponement of Elections) Act, 1974.

(2) It shall be deemed to have come into force on the 4th day of November 1974.
(3) It shall remain in operation up to and inclusive of the 30th day of November 1975, or such earlier date as may be notified by the State Government in the Official Gazette ; and shall then expire. Section 7 of the Bombay General Clauses Act, 1904 (Bom. I of 1904), shall apply upon the expiry of this Act, as if it had been repealed by a Maharashtra Act.


Section 2.Definitions.

In this Act, unless the context otherwise requires,-

(a) "administrator", "committee" and "society" shall have the meanings assigned to them in the Co-operative Societies Act ;
(b) "Co-operative Sugar Factory under erection" means a Sugar Factory mentioned in the Schedule appended to this Act, which is registered, or deemed to be registered, as a co-operative society under the Co-operative Societies Act ;
(c) "the Co-operative Societies Act" means the Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961).


Section 3.Postponement of elections committees of Co-operative Sugar Factories under erection.

Notwithstanding anything contained in the Co-operative Societies Act and the rules and bye-laws made thereunder,-

(a) during the period this Act is in operation, no election to the committee, or election to fill any casual vacancy in the committee, of any Co-operative Sugar Factory under erection shall be held, even though an election programme may have been announced in any case ;
(@i/i@) the term of office of members of the committee or of administrators of every Co-operative Sugar Factory under erection, who were in office on the date of commencement of this Act (whether their term had expired before or will expire after the said date at any time during the period this Act is in operation) shall be deemed to have been extended or to be extended, as the case may be; and such members or administrators, as the case may be, shall hold office during the period this Act is in operation.


Section 4.Power to Co-opt

The committee of every Co-operative Sugar Factory under erection shall have the power to co-opt any member, who is duly qualified in this behalf, to fill any vacancy caused due to resignation, death or otherwise, of its members.


Section 5.Power of removal of committee or member thereof.

If the State Government is of opinion that it is necessary or expedient so to do in the public interest, it may, by notification in the Official Gazette, remove the committee of any Co-operative Sugar Factory under erection or one or more members thereof and appoint a new committee or one or more administrators in place of the committee or one or more members in place of the members so removed, as the case may be. These persons shall be appointed for such period and subject to such terms and conditions as may be specified in the notification :

Provided that, no such notification shall be issued, unless the member or members concerned are given reasonable opportunity of making representation on the action proposed to be taken against them.


Section 6.Validation of acts of committees and of members and administrators whose term of office stands extended under section 3.

All members of the committees and administrators of the Co-operative Sugar Factories under erection, whose term of office is deemed to have been extended or is extended, as the case may be, under section 3, shall, throughout the extended period, also be competent to exercise all powers and to perform all duties and functions as such members or administrators, as the case may be ; and no act done by any such committee or member or administrator during the said period shall be deemed to be invalid, or shall be called in question in any Court, merely on the ground that the term of office was not extended in time, or was not otherwise duly extended, or that during the extended period the committee or member or administrator could not exercise all powers and perform all duties and functions of a committee or member or administrator, as the case may be.


Section 7.Arrangements to be made to constitute new committees before expiry of extended term of existing committees and administrators.

Notwithstanding anything contained in this Act, after a date (being a date before the date of expiry of this Act), to be notified by the State Government in the Official Gazette, arrangements shall be made by the Collectors concerned to constitute new committees in accordance with the provisions of the Co-operative Societies Act and the rules and bye-laws made thereunder, before the expiration of the term of office of the existing committees and administrators, which stands extended during the period this Act is in operation.


Section 8.Application of Mah. XXIV of 1961.

Expect as otherwise provided by or under this Act, the Co-operative Societies Act shall in all other respects apply to the Co-operative Sugar Factories concerned.


Section 9.Removal of difficulties.

If any difficulty arises in giving effect to the provisions of this Act, or by reason of anything contained therein, or in giving effect to the provisions of the Co-operative Societies Act or any other law relating to the societies, in respect of any matter contained in this Act, the State Government may, as occasion arises, by order, do anything which appears to it to be necessary for the purpose of removing the difficulty.


Section 10.Repeal of Mah. Ord. XX of 1974 and saving.

(1) The Maharashtra Co-operative Sugar Factories under erection (Postponement of Elections) Ordinance, 1974 (Mah. Ord. XX of 1974), is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.


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