Rajesh Vakil
There is lot of confusion in our society regarding the new bye laws for CHS issued by the Govt. Of Maharashtra. Your feedback on some questions would help.
1. Is the GoM circular still in force or has lapsed? Has Maha assembly ratified the circular?
2. Is it mandatory for CHS to implement the new bye laws even though they don’t use government funds?
3. Is it necessary to call an SGM to adopt the new bye laws? What are the quorum and voting requirements for the bye laws to be adopted?
4. Does the GUJ HC order on 97th ammendment impact reservation provisions of the new law?
5. Can the candidates belonging to reserved category opt to fight elections in general category? Alternatively if the reserve quota is not filled, do candidates from general category fill the quota?
6. Any experts in Mumbai who can talk about the implications of the new Maha law to the society members?
Your feedback on the above queries would be extremely helpful.
IC Naik
There is an unprecedented situation on legal front in Maharashtra Cooperatives and also in practically all the States and Union Territories. At a micro level it can be called “crash landing” of Federal Structure.
Quashing of 97th C A A by the Gujarat High Court in a matter of few months is an evidence of poverty of legal brains in the Center and the States wasting precious time of 12 months given for preparation to implement Constitutional Amendments passed unanimously in both the Houses of Parliament.
The GOM (Registrar’s) Circular to adopt bye laws 2013 Model, was well within the ambit of new power granted under Section 14 of the M. C. S. Act 1960 as amended by Maharashtra Ordinance 2 0f 2013 (as re-promulgated on 22 4 2013) to specify Model Bye Laws. Problem with that Circular was it was a result of over enthusiasm of new power to the State Administration of Cooperatives Department.
Incomplete bye laws were posted on the site without publishing forms prescribed there under (2) No instructions were given to Mumbai District Cooperative Housing Federation to print them and make them available to member societies at cost.
This circular had deficiencies which prevented its implementation. The Cooperation Minister has indirectly conceded all this when he said the State has decided to adopt “go-slow” in the matter of implementation of provisions of the Maharashtra Ordinance which substantially amended the M. C. S. Act 1960.
The most irritating situation has arisen because the Committees having completed the tenures, office bearers who have resigned or members who have resigned from committee causing casual vacancies, all need to be filled up by the new Authority the State Cooperative election commission. The Commissioner’s post is vacant. The Select Committee of Maharashtra Legislature is to submit proposal to amend the M. C. S. Act 1960 incorporating changes required under the 97th Constitutional (Amendment) Act 2011.
1. The GOM circular is in comma, we can say. State Assembly’s ratification not called for.
2. Now the Registrar has power by virtue of following new proviso to Sub section 2 of Section 14 of the M. C. S. Act 1960 as amended bu Maharashtra Ordinance.
“Provided further that, the Registrar may specify the Model bylaws, for such type of societies or class of societies, as he may deem fit.”
The Government funds are relevant as regards suspension f elected committees.
3. Procedure as prescribed under Bye Law No 167 of the current (Model 2009 or whichever has been registered by the concerned C H S ) Bye Laws is mandatory. See the text.
167. No bye-law shall be made, altered or abrogated unless
i) a proposal to do so has been communicated to all members, 14 days before the meeting of the general body of the society, at which it is proposed to be considered
ii) the resolution is passed by not less than 2/3rds majority of the members present and voting at the meeting of the general body of the society and
iii) the making, alteration or abrogation is approved and registered by the Registering Authority
4. Implications of Gujarat HGCM-CHS judgment are covered in introductory paragraph above.
5. On “Reservation” the confusion is bound to become clear under Select Committee report, so until then the present situation will govern the matter.
6. There are n number. In the supplements of dailies on every Saturday one can find many names with data as to draw conclusions on their expertise.
Hope this has helped you release some tension.
