By Legal Bureau
MAHARASHTRA ACT No. XVI OF 2013. (First Published, after having received the assent of the Governor, in the “Maharashtra Government Gazette”, on the 13th August 2013). Amendment of section 75 of Mah. XXIV of 1961. In section 75 of the principal Act,— (a) in sub-section (1), — (i) for the words “three months next after the date fixed for making up its accounts for the year under the rules for the time being in force, call a general meeting of its members”, the following shall be substituted, namely:— “ four months after the close of the financial year, get its books of accounts audited and within six months after the close of financial year to transact its business as may be provided in this Act, call the annual general body meeting of its members”; (ii) the first proviso shall be deleted; (iii) in the second proviso, for the portion beginning with the words “Provided further that” and ending with the words “duly called by the society,” the following shall be substituted, namely:
“Provided that, where such meeting is not called by the society, the Registrar or any officer authorised by him may call such meeting in the manner prescribed and that meeting shall be deemed to be a general body meeting duly called by the society,”; (b) for sub-section (2), the following subsection shall be substituted, namely:— “(2) At every annual general body meeting of a society, the committee shall lay before the society,— (i) a statement showing the details of the loans, if any, given to any of the members of the committee or any member of the family of any committee member, including a society or firm or company of which such member or members of his family is a member, partner or director, as the case may be; the details of repayment of loan made during the preceding year and the amount outstanding and overdue at the end of that year; (ii) annual report of its activities; (iii) plan for disposal of surplus; (iv) list of amendments of the by-laws of the society, if any; (v) declaration regarding date and conduct of its election of its committee, when due; (vi) audit report of the preceding financial year; (vii) rectification report of earlier audit; (viii) annual budget for next year; (ix) any other information required by the Registrar in pursuance of any of the provisions of the Act and rules; and (x) such other business will be transacted as may be laid down in the by-laws and of which due notice has been given. Explanation I.— For the purposes of this sub-section, the expression “family” means a wife, husband, father, mother, brother, sister, son, daughter, son-in-law or daughter-in-law ; PRINCIPAL ACT, 1960 (Red is as per the Principal Act, old) (5) If default is made, in calling a “general body meeting within the period” (general meeting within the period) or, as the case may be, the extended period. Prescribed under sub-section(1), or in complying “with sub-section (2), (2A),” (with sub-section (2)), (3) or (4), the Registrar may by order declare any office or member of the committee whose duty it was to call such a meeting or comply “with sub-section (2), (2A),” (with sub-section (2), (3) or (4) and who without reasonable excuse failed to comply with any of the aforesaid sub-sections disqualifying for being elected and for being any officer or member of the committee for such period not exceeding “not exceeding five years” (three years), as he may specify in such an order and if the officer is a servant of the society, impose a penalty on him to [pay] an amount not exceeding “five thousand rupees” (one hundred rupees). Before making an order under this sub-section, the Registrar shall give, or cause to be given, a reasonable opportunity to the person concerned of showing cause against the action proposed to be taken in regard to him. AMENDMENT IN THE PRINCIPAL ACT AS PER MAHARASHTRA ACT No. XVI OF 2013.: (e) in sub-section (5), — (i) for the words “general meeting within the period or, as the case may be, extended period ” the words “general body meeting within the period” shall be substituted ; (ii) for the words, brackets and figure “subsection (2),” at both the places where they occur, the words, brackets, figures and letter “with subsection (2), (2A),” shall be substituted ; (iii) for the words “not exceeding three years” the words “not exceeding five years” shall be substituted ; (iv) for the words “one hundred rupees” the words “five thousand rupees” shall be substituted.
