Krishnadas Menon
Our housing society is located in Thane, Maharashtra, my query is in ours is residential with shops road side facing shops are located Area vary from 100 sq ft to 200 sq ft maximum.
Few months back a chat house is started in one of the shops (Area 100 sq. ft) they engaged in the business of food items (Pani poori/bhel poori , chats etc).
Last week they started new business installing a small unit of frying equipments and electric stove outside his shop. The society request him to remove the temporary unit and do the business inside the shop. But his statement is that there is no law mentioning that one cannot do the business in front of his shops.
How can solve this problem , what are functioning and legal criteria applicable to shops in a residential cum commercial buildings. What is the opening and closing time of shops in residential building (Like . ice cream shop, chat house, grocery shop etc)
Awaiting for your replay with legal advice.
I C Naik
Society can pass a resolution in General Meeting expel the member under Section 35 of MCS Act read with Rule No 29 of MCR 1961
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.
29. Procedure for expulsion of members:- (1) Where any member of a society proposes to bring a resolution for expulsion of any other member, he shall give a written notice thereof to the Chairman of the society. On receipt of notice orwhen the committee itself decides to bring in such resolution, the consideration of such resolution shall be included in the agenda for the next general meeting and a notice thereof shall be given to the member against whom such resolution is proposed to be brought, calling upon him to be present at the general meeting to be held not earlier than a period of one month from the date of such notice and to show cause against expulsion to the general body of members. After hearing the member, if present, or after taking into consideration any written representation which he might have sent, the general body of members shall proceed to consider the resolution.
(2) When a resolution passed in accordance with sub-rule (1) is sent to the Registrar or otherwise brought to his notice, the Registrar may consider the resolution and after making such enquiries as he may deem fit, give his approval and communicate the same to the society and the member concerned. The resolution shall be effective from the date of such approval.
Grounds of Expulsion can be found in Bye Laws as under:
?41. A member may be expelled from the membership of the society, if such a member:
(i) has persistently failed to pay the charges due to the society.
(ii) has willfully deceived the society by giving false information,
(iii) has used his flat for immoral purposes or misused it for illegal purposes habitually,
(iv)has been in the habit of committing breaches of any of the provisions of the bye-laws of the society, which, in the opinion of the Committee, are of serious nature,
(v) has furnished false information or omitted to furnish the material information to the Registering Authority at the time of registration of the society. ?