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Main Page  » Articles  » Amendment to MCS Act
Amendment to MCS Act
Published By (Mohanraj Y), Date (24 Mar 2013)

All the societies  in K- West Ward have been instructed by Dy. Registrar, Co-operative Societies, K- West Ward, Mumbai, as under. This has become essential in view of sweeping changes effected in the MCS Act 1960 through an Ordinance by the Governor of Maharasthra issued on 14.02.2013.     The ordinance passed by the Government of Maharashtra may be viewed under Govt. Notifications in the website www.societywiki.com  [ a free website maintained and managed by our company ].  The letter issued by the Dy. Registrar, K – West Ward is also exhibited therein.

 

The change in the provisions of the Act has resulted in many of the provisions of the Bye_Laws to be changed. The Registrar, C S, have come out with a revised version of the Model Bye_Laws.

 

We will be shortly uploading section wise revised Bye_laws in place of the existing Bye_Laws in our website www.societywiki.com  for the information of our clients and public.

 

As per Instructions,

 

  1. The Revised Bye_Laws as approved by the Registrar, Co-operative Societies, are requited to be adopted in place of existing Bye_Laws on or before 30.04.2013 for which you need to call a Special General Body Meeting.  The Agenda for such a Special General Body Meeting will be      
    1. To adopt the Model Bye_Laws.
    2. To appoint an Auditor for the Audit of the books of the Society for the year 2012-2013 and fix his remuneration.
    3. It is essential that the Auditor should be one among the Panel maintained by the Government Department.
    4. One Auditor can not audit the Accounts of the same Society continuously for more than three years.  Also, no Auditor can conduct the Audit of more than 20 Societies in a year.   However, in counting the number of societies for this purpose, societies with less than Rs 1 lac paid up share capital shall not be included.  
    5. It is necessary to file the proposal for adoption of Model Bye_Laws on or before 31.05.2013.

 

Societies where the tenure of the Managing Committee has expired or is expiring within the next six months, must necessarily and urgently comply with the above instructions.

        2.Annual General Body Meeting must COMPULSORILY be held within six months of the closure of the financial    year, i.e.  on or before 30th of September. There is no authority to the Dy. Registrar or any other  Government Officer to grant any extension of time.

        3.Within six months of close of the Financial year, it is COMPULSORY to file the Following documents with the Dy. Registrar.

    (a)   Annual report of its activities.

    (b)   Its audited statement of accounts.

    (c)    Plans for disposal of surplus funds as approved by the general body of the society.

    (d)   List of amendments to the Bye_Laws of the Society, if any.

    (e)   Declaration regarding date of holding its general body meeting and conduct of elections when due.

    (f)    Any other information required by the Registrar in pursuance of any of the provisions of this Act.

    (g)   Intimation of Appointment of the Auditor and his letter of consent. 

 

4.  Election :

To conduct election to the Co-operative Societies, State Co-operative Election Authority has been established.  Election to all the Societies will be conducted by this State Co-operative Election Commission. No election will be conducted by the Societies on their own.

             (a). In case of Credit Societies, members with loan outstanding will not have voting rights. 

             (b) Only Active members are eligible to vote. 

       A member who does not attend at least one meeting of the General Body and does not utilize minimum level of  services as specified in the Bye_Laws of the society in a period of five consecutive years shall be classified as a non –  active member and a non active member does not have any voting rights. 

 

5. Grievance Settlement and Redressal Committee.

In every Annual General Body Meeting, a Complaint Settlement and Redressal Committee consisting of three Active Senior members of the Society who are not members of the Committee shall be established.   Any dispute shall be first referred to the Complaint Settlement and Redressal Committee.

 

6. Education and Training in Co-operation.     

 (a) Every society shall organize co-operative education and training for its members, officers and employees through  such State Federal Societies or the State Apex Training Institutes as the State Government may specify.

 (b) Every member of the Committee shall undergo such co-operative education and training for such period and at such intervals as may be prescribed.

Such Education and Training shall,

Ensure the effective and active participation of the members in the management of the society,

Groom talented employees for leadership issues,

Develop professional skills through co-operative education and training.

  

7. Information on Managing Committees.

(a) No Co-operative Society shall have the strength of the Managing Committee more than 21.

(b) There shall be reservation for seats in the Managing Committee as under

           .. Two women

           ..  One Scheduled Caste or Scheduled tribe.

           ..  One Other Backward Classes.

           ..  One Denotified Tribes.

(c) The tenure of the Managing Committee shall be Five years.

(d) It will be binding on the Committee to report State Co-operative Election Authority at least six months in advance of the end of its tenure. Similarly, it will be binding on the Committee to inform the State Co-operative Election Authority about any vacancy in the Managing Committee within 25 days. 

 

8. Other matters.

You are directed to furnish the following information within the next 10 days to the Dy. Registrar Office. Failure to furnish the same will be deemed that the Society does not exist. The details may be furnished through email at the following email id ddr_mum3@rediffmail.com [This email id is applicable only for Societies in the western Suburbs]

 

Sr. no.

Name and Address if the Society.

Area of Operation.

Chairman/ Secretary – name and mobile number

No of Members in the Society

Date of Election held last.

Date of the First Meeting of the M C after Election.

 

 

 

 

 

 

 

 

 

 

Date of end of Tenure of the Committee. 

Year for which the Statutory Audit has been completed and the Audit Classification.

Date of furnishing the Audit Rectification Report.

Reserves

Paid up Share Capital

Remarks.

 

 

 

 

 

 

 

 

 

 

 

 

 



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