Section 3 and 3 A of Maharashtra Coop Societies Act 1960

 

REGISTRAR [AND HIS SUBORDINATES]

 

[The State Government may appoint a person to be the Registrar of Co-operative Societies for the State;and may appoint one or more persons to assist such Registrar, [with such designations, and in such local areas or throughout the State, as it may specify in that behalf,] and may, by general or special order, confer on any such person or persons all or any of the powers of the Registrar under this Act. The person or persons so appointed to assist the Registrar and on whom any powers of the Registrar are conferred, shall work under the general guidance, superintendence and control of the Registrar. [They shall be subordinate to the Registrar, and subordination of such persons amongst themselves shall be such as may be determined by the State Government.].

 

  • Smt. Savitri Chandrakesh (part I) v/s State of Maharashtra and others, 2009 (4) AII MR 194: 2009 (4) Mh.L.J. 406
  • Sopanrao Onkarrao Sathe, Chairman, Agricultural Produce Market Committee, Malkapur v/s State of Maharashtra through its Secretary, Department of Corporation and Marketing and others., 2010 (5) AII MR 886 (NB)
  • Bapusaheb Balasaheb Patil V/S State of Maharashtra Date of Decision: 02 November 1973 Citation: 1973 LawSuit(BOM) 85 “Whether the Officers on Special Duty appointed under the Maharashtra Government notifications dated 11th March, 1969 are Courts within the meaning of the Contemplated of courts Act, while discharging their duties under the Act”.
  • High Court Of Bombay (f.b.) Shireen Sami Gadiali And Another v/s Spenta Co Op Hsg Soc Ltd And Others Date Of Decision: 21 April 2011Citation: 2011 LawSuit(Bom) 422- order passed by State Government in exercise of revisional jurisdiction under Sec 154 cannot be subjected to scrutiny in exercise of revisional jurisdiction again under provisions of Sec 154 – order accordingly.

3A.TEMPORARY VACANCIES

If the Registrar or a person appointed to assist such Registrar is disabled, from performing his duties or for any reason vacates his office or leaves his jurisdiction or dies, then—

(a) in the case of the Registrar, the Additional or Joint Registrar, in the office of the Registrar, and

(b) in the case of a person appointed to assist the Registrar, the senior-most officer holding the next higher post, in the respective office,shall, unless other provision has been made in that behalf, hold temporarily the office of the registrar or, as the case may be, of the person appointed to assist the Registrar in addition to his own office and shall be held to be the Registrar or the person appointed to assist the Registrar under this Act, until the Registrar or the person appointed to assist the Registrar resumes his office, or until such time as the successor is duly appointed and takes charge of his appointment.].

 

  • Rajabahu Govindas Dongaonkar and others v/s State of Maharashtra and others, 2009 (1) AII MR 557 (NB)-It is apparent that statute contemplates that temporarily such senior most officer holding next below post is to be treated and recognised as person appointed to assist the Registrar i.e. as Assistant Registrar. The conjoint reading of above clauses (a) and (b) shows that Registrar or the person appointed to assist Registrar holds the highest post in their respective offices and in their temporary absence, senior most person holding next higher post in the hierarchy i.e. immediately below Registrar or Assistant Registrar is recognised either as Registrar or Assistant Registrar.
  • High Court Of Bombay (Nagpur Bench) (d.b.) Sopanrao Onkarrao Sathe v/s State Of Maharashtra And Ors Date Of Decision: 15 July 2010 Citation: 2010 Lawsuit(Bom) 2467-The main contention on behalf of the Petitioner is that the notice is not issued by a Competent Authority since it is issued by the Assistant Registrar of the Co-operative Societies and not by the District Deputy Registrar as required by Section 45 of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 (hereinafter referred to as the Act). It is an undisputed position that the impugned notice is issued by an 1n-charge’ District Deputy Registrar.

 

 

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