PROVISIONS REGARDING REMOVAL OR DISQUALIFICATION OF A MANAGING COMMITTEE MEMBER OR THE ENTIRE MANAGING COMMITTEE OF A HOUSING SOCIETY
In a lot many Housing Societies
of Maharashtra, you can find many simmering tensions or open confrontation
between members and the Managing Committee. Hence, there is always a question
that occurs at least once in the minds of its members, about the grounds to
remove a Managing Committee member or in other words, he ponders on grounds on
which the Managing Committee Member can be disqualified.
The grounds of disqualification
or removal by competent authority is mentioned in certain sections of the MCS
Act, 1960 & certain clauses in the Model Bye-laws of the Housing Society.
Please find the same mentioned below…
THE MAHARASHTRA CO-OPERATIVE SOCIETIES ACT, 1960
Section
78 – Power of removal of committee or member, thereof
78.1
[Power of removal of committee o member, thereof]
(1)
If, in the opinion of the Registrar, the committee of any society or any member
of such committee makes default, or is negligent in the performance of the
duties imposed on it or him by this Act or the rules or the bye-laws, or
commits any act which is prejudicial to the interests of the society or its
members, or willfully disobeys directions issued by the State Government, or by
the Registrar for the purposes of securing proper implementation of
co-operative policy and development programme approved or undertaken by the
State Government or is otherwise not discharging its or his functions properly
and diligently 3 [or where a situation has arisen in which the committee or any
member of such committee refuses or has ceased to discharge its or his
functions] and the business of the society has or is likely to come to a
stand-still or where any member of such committee stands disqualified by or
under this Act for being a member, the Registrar may, after giving the committee
or the member, as the case may be, an opportunity of stating its or his
objections, if any, within 15 days from the date of receipt of notice and after
consultation with the federal society to which the society is affiliated, by
order—
Section
144E – Disqualifications for membership
(1) A
person shall be disqualified for being elected as, and for being a member of
the
committee
of any specified society,–
(a) if
he is a salaried employee of any society (other than a society of employees
themselves) or holds any office of profit under any society, except when he
holds or is appointed to the office of a Managing Director or any other office
declared by the State Government by general or special order not to disqualify
its holder or is entitled to be or is elected, appointed or co-opted to any
reserved seat on the committee of a society under section 73BB;]
(b) if
he has been convicted of an offence punishable under section 153 A or section
171 E or 171 F or sub -section 144 Q or clause (a) of sub -section ( 2) or sub
section ( 3) of section 505 of the Indian Penal Code, or unless section 144 Q
or clause (a) of sub –section ( 2) of section 144 R of this Act, unless a
period of six years has elapsed of five years since the date of his conviction;
(c) if
he has found convicted by a Court in India for any offence and sentenced to
imprisonment for not less than two years, unless a period of five years has
elapsed since his release;
(d) if
he is found guilty of a corrupt practice by the Commissioner of the Division,
unless a period of six years has elapsed since the date on which the decision
of the Commissioner takes effect;
(d-1) If
he has more than two children: Provided that, a person having more than two
children on the date of commencement of the Maharashtra Co-operative Societies
(Third Amendment) Act, 2001 (here in after in this clause referred to as “the
date of such commencement”), shall not be disqualified under this clause so
long as the number of children he has on the date of such commencement does not
increase: Provided further that, a child or more than one child born in a
single delivery within the period of one year from the date of such
commencement sh all not be taken into consideration for the purpose of disqualification
mentioned in this clause.
Explanation.– For the purposes of this clause.—
(i) where a couple
has only one child on or after the date of such commencement, any number of
children born out of a single sub sequent delivery shall be deemed to be one
entity;
(ii) “child” does not
include an adopted child or children;
(e) if he so disqualified by or
under any other provision of this Act.
2. For
the purpose of clause (a) of sub -section ( 1), a person shall not be deemed to
hold an office of profit under a society, if he does not receive any
remuneration other than compensatory allowance, or honorarium payable under sub
-section ( 2) of section not exceeding rupees six thousand per year.
Explanation.–In this sub
-section, “compensatory allowance” means the travelling allowance, the daily
allowance or such other allowance which is paid to the holder of the office for
the purpose of meeting the personal expenditure in performing the functions as
holder of that office.
3. Notwithstanding
anything contained in clause (b) or (c) of sub -section (1) a disqualification
under either clause shall not, in the case of a person who on the date of the
conviction is a member of any specified society, take effect until three months
have elapsed from that date or, if within that period an appeal or application
for revision is brought in respect of the conviction or the sentence until,
that appeal or application is disposed of by the Court.
Section 35 – Expulsion of
members
(1) A society may, by
resolution passed [by a majority of not less than three-fourths] of the members
entitled to vote who are present at a general meeting held for the purpose
expel a member for acts which are detrimental to the interest or proper working
of the society:
Provided that, no resolution
shall be valid, unless the member concerned is given opportunity of
representing his case to the general body, and no resolution shall be effective
unless it is approved by the Registrar.
(2) No member of a
society who has been expelled under the foregoing sub-section shall be eligible
for re-admission as a member of that society, or for admission as a member of
any other society, for a period of one year from the date of such expulsion:
Provided that, the Registrar may, on an application by the society and in
special circumstances, sanction the re-admission or admission, within the said
period, of any such member as a member of the said society or of any other
society, as the case may be.
MODEL BYELAWS OF HOUSING SOCIETIES
Bye-Law-118.
No person shall be eligible for
being elected as a member of the Committee or coopted on it, if:
(i) he has
been convicted of the offence, involving moral turpitude, unless the period of
six years has elapsed since his conviction,
(ii) he
defaults the payment of dues to the society, within three months from the date
of service of notice in writing, served either by hand delivery or by post
(under certificate of posting), demanding the payment of dues.
(iii) he has been
held responsible under Section 79 or 88 of the Act or has been held responsible
for the payment of the costs of enquiry under Section 85 of the Act.
(iv) he has without
the previous permission of the society, in writing, sublet his flat or part
thereof or given it on leave and license or caretaker basis or has parted with
its possession in any other manner or has sold his shares and interest in the
Society.
(v) In case of
an associate member, non-submission of the no-objection certificate and
undertaking, as prescribed under these bye-laws, by the member.
Bye-Law-120.
(1) A person shall
cease to be the member of the Committee, if:
(a) he has incurred any of the disqualifications
mentioned under the byelaw No. 118 or;
(b) he has failed to attend any three consecutive
monthly meetings of the Committee, without the leave of absence.
(2) If
a member of the Committee attracts any of the disqualifications under the bye
law No. 120 (1), the Committee shall record the fact in the minutes of its
meeting and the Secretary of the Society shall inform the member and Registrar
accordingly. Such member shall cease to be the member of Managing Committee on
the order of the Registrar.
Note:
If anybody wishes to invoke the
above sections of MCS Act, 1960 or the Clauses of Model Bye-Laws, then he needs
to demand the same by writing to the Deputy Registrar / Registrar of his area
and send a copy to his Housing Society. Its a good idea though to write to the
concerned member of the managing Committee himself and request his resignation
on any of the above grounds before approaching the authorities.
if all the committee members are having illegal constuction
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