PROVISIONS REGARDING REMOVAL OR DISQUALIFICATION OF A MANAGING COMMITTEE MEMBER OR THE ENTIRE MANAGING COMMITTEE OF A HOUSING SOCIETY

REMOVAL OR DISQUALIFICATION OF A MANAGING COMMITTEE MEMBER 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 passed1[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.