Debasish Mukherjee
I am from Kolkata. Our Society is registered under West Bengal Society Registration Act 1960. I am the President of the society.
Now I am finding some people are not paying maintenance fees and some of them are keeping dues for more than two- three months.
Under the legal frame work how can we collect the money and what action can be initiated against defaulters?
I C Naik
How about using this extreme step?
You can start “grape wine” to assess the mood of voters and then act on it.
Extract from West Bengal Co-operative Societies Rules 2011
Rule 133. Expulsion of Members
Sub Rule (1) Any member who continues to default in payment of his dues towards maintenance charges for more than three months without break may be expelled from the society by the vote of two-thirds of the members of the board present and voting at a meeting after he has been given an opportunity of being heard and no resolution of the board shall be effective unless it is submitted to the Registrar for approval and approved by him:
Provided that the order of expulsion shall take effect only from the date of communication of the decision of the board to the concerned members after the approval of the Registrar, as aforesaid, has been duly obtained:
Provided further that the approval or disapproval of the Registrar shall be communicated to the society within a period of six weeks and in the absence of such communication the resolution of the board shall be effective.
Explanation – The power of approval conferred under this rule shall vest in the Registrar exclusively and shall not be capable of being delegated to any other officer.
SUB-RULE 3): The member so expelled shall have a right to appeal to the State Government for which purpose he shall submit a written representation to the State Government within a fortnight from the date of communication of the order of expulsion.