Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com MAHARASHTRA CO OPERATIVE SUGAR FACTORIES(UNDER ERECTION AND CERTAIN OTHERS) (POSTPONEMENT OF ELECTIONS) ACT, 1977 49 of 1977 [15th November, 1977] CONTENTS 1. Short title, commencement and duration 2. Definitions 3. Postponement of election to committees of Co operative Sugar Factories under erection 4. Postponement of elections to committees of other Co operative Sugar factories 5. Power to co-opt 6. Power of removal of committees or members there of 7 . Validation of acts of committees and of membcrsand administrators whose term of office stands ex(ended under this Act 8. Arrangements to be made to constitute new committees at the expiry of the extended term of existing 9. Application of MAH. XXIVof 1961 10. Removal of difficulties 11. Mah. XL11I 1975 Co cease to apply to Co-operative Sugar Factories to which this Act applies 12. Repeal of Mah. ord V of 1977 and saving SCHEDULE 1 :- SCHEDULE SCHEDULE 2 :- SCHEDULE MAHARASHTRA CO OPERATIVE SUGAR FACTORIES(UNDER ERECTION AND CERTAIN OTHERS) (POSTPONEMENT OF ELECTIONS) ACT, 1977 49 of 1977 [15th November, 1977] STATEMENT OF OBJECTS AND REASONS. MAHARASHTRA STATE GAZETTE, Sept. 29, 1977. The Co-operative Sugar Factories arc specified societies under section 73G of the Maharashtra Co- operative Societies Act, 1960, and the elections to their committees are required to be held by the Collectors of the Districts in the manner laid down in Chapter XI-A of the Act. 2. Under the Maharashtra Specified Co-operative Societies (Postponement of Elections due to the Emergency) Act, 1975, the elections to committees of all specified societies including the Co-operative Sugar Factories, were postponed during the period of the Emergency declared on 25th June 1975 and six months thereafter. As the Emergency has been withdrawn on the 21st March 1977, the elections inter cilia to the committees of the Co-operative Sugar Factories were required to be held so as to constitute new committees by the 21st September 1977. 3. Holding of elections according to the procedure laid down in Chapter Xl-A of the Act of the committees of the three Co-operative Sugar Factories specified in Schedule 1 to this Act, which are under erection, would have unnecessarily diverted the attention of the management and of the members of these societies, and thereby disturbed and dislocated their erection programme or the dates for starting of trial crushing season. It was, therefore, necessary to postpone elections of these societies and to extend the term of office of existing members of committees or administrators of these societies for a period of more than a year upto and inclusive of the 20th October 1978, to enable them to complete their erection programme satisfactorily or to start their trial crushing season at the appropriate time. Similarly, it was considered necessary to postpone the elections to the committees of twelve other Co-operative Sugar Factories specified in Schedule II to this Act, which have completed erection and started crushing season, but which wanted some more time to hold and complete the elections according to the revised elaborate procedure. It had been represented that because of the rainy season and agricultural operations, and the inconvenience likely to be caused to the electors, the time was not suitable and sufficient to hold and complete the elections. It was, therefore, necessary to postpone elections of these societies also, but for a shorter period upto the 20th October 1977, and to extend the term of office of existing members of committees and administrators for that period to give them some more time to hold the elections according to the revised procedure. 4. As both Houses of the State Legislature was not in session and it was necessary to take immediate action to provide for postponement of elections and extension of term of office as aforesaid and for matters connected therewith, the Governor of Maharashtra promulgated the Maharashtra Co-operative Sugar Factories (under erection and certain others) (Postponement of Elections) Ordinance, 1977, on the 1st September 1977. This Bill is intended to convert the Ordinance into an Act of the State Legislature. 1. Short title, commencement and duration :- (1) This Act may be called the Maharashtra Co-operative Sugar Factories (under erection and certain others) (Postponement of Elections ) Act, 1977. (2) It shall be deemed to have come into force on the 1st September 1977. (3) It shall remain in operation upto and inclusive of 20th October 1978, 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, shall apply upon the expiry of this Act, as if it had been repealed by a Maharashtra Act. 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 any Cooperative Sugar Factory specified in Schedule I, and other Co- operative Sugar Factory" means any Co-operative Sugar Factory specified in Schedule II, which is registered or deemed to be registered under the Co-operative Societies Act; (c)"the Co-operative Societies Act" means the Maharashtra Cooperative Societies Act, 1960. 3. Postponement of election to 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 or in the Maharashtra Specified Co-operative Societies (Postponement of Elections due to the Emergency) Act, 1975,- (a) during the period from the date of commencement of this Act and inclusive of the 20th October 1978, or such earlier date as may be notified by the State Government under sub-section (3) of section 1 (hereinafter referred to in this section as "the said period"), 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, or an election may have been commenced but the poll has not been taken in any case, and any such programme or any action taken thereunder shall stand cancelled from the date of commencement of this Act; (b) the term of office (including any extended term of office) of members (whether elected, appointed, nominated or co-opted) of the committees of, or of the administrators appointed to manage the affairs of, such societies, who were in the office on the day immediately preceding the date of commencement of this Act (whether their term had expired before, or will expire on or after the said date at any time during the said period), 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 continue to hold the office during the said period. 4. Postponement of elections to committees of other Co operative Sugar factories :- Notwithstanding anything contained in the Co-operative Societies Act and the rules and bye-laws made thereunder or in the Maharashtra Specified Co-operative Societies (Postponement of Elections due to the Emergency) Act, 1975, (a) during the period from the date of commencement of this Act upto and inclusive of the 20th October 1977 (hereinafter referred to as "the period aforesaid" ), no election to the committee, or election to fill any casual vacancy in the committee, of any other Co-operative Sugar Factory shall be held, even though an election programme may have been announced in any case, or an election may have been commenced but the poll has not been taken in any case, and such programme or any action taken thereunder shall stand cancelled from the date of commencement of this Act; (b) the term of office (including any extended term of office) of members (whether elected, appointed nominated or co-opted) of the committees of, or of the administrators appointed to manage the affairs of such societies, who were in the office on the day immediately preceding the date of commencement of this Act (whether their term had expired before, or will expire on or after the said date at any time during the period aforesaid), shall be deemed to have been extended or to be extended, as the case may be; and such members or administrators shall continue to hold office during the period aforesaid. 5. Power to co-opt :- The committee of every Co-operative Sugar Factory referred to in sections 3 and 4 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 member. 6. Power of removal of committees or members there of :- If the State Government is of the 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 any other Co-operative Sugar Factory 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 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 a reasonable opportunity of making a representation to the State Government on the action proposed to be taken against them. 7. Validation of acts of committees and of membcrsand administrators whose term of office stands ex(ended under this Act :- All members of the committees, and all administrators, of any Co- operative Sugar Factories, whose term of office is deemed to have been extended, or is exteded as the case may be, under section 3 or 4, shall, throughout their respective extended period also, be competent to exercise all powers and perform all duties and functions as such members or administrators , as the case may be; and no acts done by any such member or administrator during the relevant 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, members or administrator could not exercise all powers and perform all duties and functions of a committee, member or administrator, as the case may be. 8. Arrangements to be made to constitute new committees at the expiry of the extended term of existing :- Notwithstanding anything contained in this Act, after a date (being a date before the date of expiry of the extended period under section 3 or 4, as the case may be), 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 Cooperative Societies Act and the rules and the bye-laws made thereunder, before, or as soon as possible after, the expiration of the term of office of the existing committees and administrators concerned, which stands extended under section 3 or 4, as the case may be. 9. Application of MAH. XXIVof 1961 :- Except as otherwise provided by or under this Act, the Cooperative Societies Act shall in all other respects apply to the Co-operative Sugar Factories concerned. 10. Removal of difficulties :- If any difficulties arises in giving effect to any provisions of this Act, or by reason of anything contained therein, or in giving effect to the provisions of the Co-operative Societies Act, the State Government may, as occasion arises, by order, do anything which appears to it to be necessary for the purposes of removing the difficulty. 11. Mah. XL11I 1975 Co cease to apply to Co-operative Sugar Factories to which this Act applies :- With effect from the date of commencement of this Act, the Maharashtra Specified Co-operative Societies (Postponement of Elections due to the Emergency) Act, 1975, shall cease to apply to the Co-operative Sugar Factories specified in Schedules I and II appended to this Act. 12. Repeal of Mah. ord V of 1977 and saving :- (1)The Maharashtra Co-operative Sugar Factories (under erection and certain others) (Postponement of Elections) Ordinance, 1977, is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken (including any notification or order issued) under the said Ordinance shall be deemed to have been done or taken or issued, as the case may be, under the corresponding provisions of the Act. SCHEDULE 1 SCHEDULE [See clause (b) of section 2] SCHEDULE I. [See clause (b) of section 2] 1. Nashik Sahakari Sakhar Karkhana Limited, False, district Nashik. 2. Karma veer Kakasaheb Wagh Sahakari Sakhar Karkhana Limited, Ranwad, taluka Niphad, district Nashik. 3. Daulat Shetkari Sahakari Sakhar Karkhana Limited, Yeshwantnagar, taluka Chandgad, district Kolhapur. SCHEDULE 2 SCHEDULE [See clause (b) of section 2] SCHEDULE II. See clause (b) of section 2 1. . Shri Jagadamba Sahakari Sakhar Karkhana Limited, at and Post Rashin, taluka Karjat, district Ahmednagar. 2. Ambajogai Sahakari Sakhar Karkhana Limited, Ambajogai, district Beed. 3. Sahyadri Sahakari Sakhar Karkhana Limited, Shirwade, taluka Karad district Satara. 4. Sideshwar Sahakari Sakhar Karkhana Limited, Sillod, district Aurangabad. 5. Kannad Sahakari Sakhar Karkhana Limited, Kannad, district Aurangabad. 6. Vinayak Sahakari Sakhar Karkhana Limited, Parsoda, taluka Vaijapur, district Aurangabad. 7. Marathwada Sahakari Sakhar Karkhana Limited, Dongarkhada, taluka Kalamnuri, district Parbhani. 8. Belganga Sahakari Sakhar Karkhana Limited, Bhoras, taluka Chalisgoan, district Jalgaon. 9. Dnyaneshwar Sahakari Sakhar Karkhana Limited, Bhende Budruk, taluka Newasa, district Ahmednagar. 10. Gangapur Sahakari Sakhar Karkhana Limited, Gangapur, district Aurangabad. 11. Saswadmali Sahakari Sakhar Karkhana Limited, Malinagar, district Solapur. 12. Adinath Sahakari Sakhar Karkhana Limited, district Solapur.