S Ram
I am from Mumbai Maharashtra. I want to clarify certain points of the Maha Co-op Housing Act.
They are:-
a) CAN A MEMBER GET ELECTED TO THE MANAGING COMMITTEE, IF HE/SHE IS ALREADY A MEMBER/ COMMITTEE MEMBER IN ANOTHER HOUSING SOCIETY ? IS YES, WHAT IS THE RELEVANT ACT/RULE/ MODEL BYE LAW REFERENCE ?
b) IF A SOCIETY IS HAVING LESS THAN 15 MEMBERS, SHOULD THE SOCIETY STILL HAVE A MINIMUM OF 6 MEMBERS IN THE MANAGING COMMITTEE ? WHAT IF THERE IS A PROBLEM OF AGED MEMBERS/ OUTSTATION MEMBERS WHO CANNOT PARTICIPATE, AND THE MC COMPOSITION IS LIMITED TO CHAIRMAN/SECRETARY/ TREASURE/1 COMM.MEMBER ?
c) CAN A NEW MEMBER (WHO HAS PURCHASED FLAT) BE IN THE MANAGING COMMITTEE ?
I C Naik
Q1. What is the relevant act under which a person can become member of two CHS simultaneously?
There is neither an express provision allowing membership of two societies nor it is specified as a disqualification.
Section 74(AAA)(1) says “The Committee shall consist of such number of members as may be provided in the by-laws:
Provided that, the maximum number of members of the committee shall not exceed twenty one:
So consult your Bye Laws.
A new member can also join the Committee. This is as per Section 27(3A) reading as : 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.
“Provided that, nothing in this sub-section shall apply in respect of a co-operative housing society and a co-operative premises society.”;
