New election procedure 1st november 2018 gr
Sanjay
(Querist) 23 January 2019
This query is : Resolved
for Mumbai based housing society (40+ years old mhada bldg) -
what is the New Election Procedure according to 1st November 2018 GR.
any permission or information needs to be taken from deputy registrar before election ?
or just take meeting & select committee member & office bearers ?
any kind of dy.registrar's involvement required ?
anything to consider from I, J, O registers
I am member & given responsibility by few member including committee as they are not aware & asking me to find out procedure.
Thanks in advance
KISHAN DUTT KALASKAR
(Expert) 24 January 2019
Dear Sir,
The Maharashtra government has issued a government resolution (GR) to amend Maharashtra Cooperative Societies Act of 1960. One of the main amendments in the GR allows small cooperative housing societies (CHS) to conduct internal election for managing committee.
"In section 73CB of the MCS Act, 1960 to sub-section (11), after the existing proviso, the following proviso shall be inserted, namely :— 'Provided further that, in case of housing society having less than or up to 200 Members, the elections of the Committee shall be conducted by the said housing society in the manner as may be prescribed,” the amendment says.
Among all cooperative societies in Maharashtra, cooperative housing societies are largest in number or constitute about 50% of the total societies. While affairs of the co-operative housing societies are distinct and peculiar, they were regulated in the same manner as per the general provisions of the said Act, as applicable for all other co-operative societies, like co-operative sugar factories, district central co-operative banks, and co-operative spinning mills.
This has created problems and several provisions in the Act were inadequate to address specific grievances of housing societies in the state. Many cooperative housing societies and CHS federations have raised the issue with the state government, which had promised to look into these issues.
The GR also puts restriction on transfer of share or interest of a Member on a CHS. Accordingly, the Society cannot transfer share or interest of a member or the occupancy right, except tranfer of his heir or nominee, unless dues of the CHS are paid and the transferee applies and become member of the housing society. In this, occupancy rights do not include right of a tenant or licensee on leave and license basis.
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Sanjay
(Querist) 24 January 2019
Thanks you Dutt sir for info.
any permission prior to election to be taken from Dy.Registrar or whether need to inform that we are taking election to Dy.Registrar.
or just call meeting and take election internally ?
if possible also give proper procedure (steps) of this society election
thanks
Sanjay
(Querist) 04 February 2019
Thanks you experts...
M V Gupta
(Expert) 09 February 2019
The GR referred to by Shri Kishan Dutt has only proposed to amend the MCS Act to allow housing societies with membership of less than 100 to conduct election to MC internally as before. However the bill to amend the Act is not yet passed. Hence the provisions in the Act requiring societies to conduct the election in the presence of the election officer appointed by Election Authority should be complied with.
