Subhash Rohra
Ours is a society comprising 40 member, one member purchased a flat in June 2012 and in August 2012 he was made the chairman because no one was willing to come forward to take up the responsibility. Similarly case is of the treasurer who is a shop owner and has been a member since June 2011.
Recently during society audit the auditor mentioned some law saying a member can be elected office bearer on completion of a term of 3 years.
In our small society no member comes forward to do honorary work, I have seen committees changing every year because of internal differences .
I could not locate the bye law which says qualifying criteria of 3 years to hold a post. Yes I came across something on voting rights of member that member should complete 3 years before getting voting rights.
I C Naik
It’s a pity that even after 100 years there is confusion as regards cooperative society members joining the managing committee of his or her society which is an important privilege cum onerous duty for the members.
Membership of cooperative societies demonstrates diametrically opposite characteristics. On one extreme like the society of Subhash Rohra most members are unwilling to take responsibility of management of their own society, there are cases of committees members of which are unwilling to step down and somehow cling to the managing committee even by avoiding elections
Section 27 of the the M. C. S. Act 1960, has 13 sub-sections prescribing the Voting powers of members of cooperative society.
Proviso to Sub-Section 3 and Sub-Section 3A {as amended by Maharashtra Act 41 of 2000) suspend the voting power for 3 years years in case of new member of federation of societies and of two years in case of a member of a primary cooperative society. Thus for cooperative housing societies : “ Subsection (3A) reads as under:
“An individual member of a society shall not be eligible for voting in the affairs of that society for a period of two years from the date of his enrollment as a member of such society”
Ineligibility of “Voting in the affairs of that society” prohibits vote in the general body meeting, elections and contesting election for Committee’s membership.
One can open the following link and satisfy himself about these restrictions which stand to day on the Statutes book.
http://cconpo.icai.org/wp-content/uploads/2012/04/MahCoopSociAct1960Amem2002220709.pdf
http://sahakarayukta.maharashtra.gov.in/SITE/PDF/Rules_Acts_Bylaws/Maharashtra_Co-operative_Societies_Act_1960.pdf
However if one were to reconfirm this position with the official version of the M. C. S. Act 1960 which can be downloaded from the following link of the Commissioner’s website
http://sahakarayukta.maharashtra.gov.in/SITE/PDF/Rules_Acts_Bylaws/Maharashtra_Co-operative_Societies_Act_1960.pdf
he will receive a rude shock as the proviso and sub-section 3A do not exist.
The reason is the M. C. S. Act 1960 as posted on the above site is the law as it stood in the 20th Century. It does not contain changes in provisions of the M. C. S. Act 1960 made under Maharashtra Cooperative Societies (Amendment) Act 2000 and of all subsequent Amendment Acts viz Act 4 of 2001, Act 34 of 2001, Act 6 of 2002, Act 41 of 2005, Act 20 of 2006,Act 30 of 2007, Act 31 of 2007, and Act 11 of 2008.
Even the most infamous but constitutionally valid “M20 Bond” mandated under Section 73(1AB) for the members of Cooperative Committees of all cooperatives except COOPERATIVE HOUSING SOCIETIES from September 2012) does not figure on tis post.
But the answer to question raised by Subhash Rohra is still not answered.
From out of 40 unwilling members to assume responsibility of management of their society, it seems the new comers are made a “scapegoat” When the secret is out, they are pleased to resign and go for other new comers.
Older members are unlikely to raise the two year bogy, as otherwise they have to come forward for so called “thankless job”.
If by any chance, the Cooperative department were to come to know and the Dy Registrar takes it up to bring rule of law in his society, what are the possibilities?
Maharashtra Cooperative Societies (Amendment) Ordinance 2013 promulgated on 22-04 2013 which amended certain provisions of the M. C. S. Act 1960 governs cooperative societies.
New section 73I (2) comes in to operation which triggers Registrar’s (right) duties to make arrangement for management of Subhash Rohra’s Society as provided under Section 77A.
Dy Registrar will authorize a Government officer (Mainly his assistant in his good books) who can hold office for next 6 months with in which new Committee of eligible members has to be installed y him by holding elections. He can not continue after 6 months.
Under new Section 73CB now State Cooperative Election commioner has to hold elections in every cooperative society including of office bearers. If this position is vacant as it is the case today, and after six months also post remains vacant. The tenure of authorised person also expires. Subhash Rohra’s cooperative housing society will have no committee.
So decide now whether it is ok for your members to be managed by their own members, so what if technically they are unable to manage but otherwise of good intent.