More than 2 kids policy for mcs (housing society)

On the basis of your query, I wish to tell you that as per the 2001 amendment to the Maharashtra State Co-operative Societies Act, 1960, a person who has more than 2 children is automatically disqualified from the membership of the committee of the Society. Sub-section (vii) of Section 73CA of MCS, 1960 lays down that a person having more than 2 children shall be disqualified from contesting the elections to the committee.

Now, with reference to your query, the 2^nd proviso and the explanation to sub-section (vii) of Section 73CA is of relevance here. The said proviso lays down that “a child or more than one child born in a single delivery within the period of one year from the date of such commencement shall not be taken into consideration for the purpose of disqualification mentioned in this clause.” The Explanation (a) goes as “where a couple has only one child on or after the date of such commencement, any number of children born out of a single subsequent delivery shall be deemed to be one entity.”

It means that if twins are born to a person within a year of the amendment coming into force i.e. 7.9.2001, they shall not become a ground of disqualification of the said person as they would be considered as a single entity.

Now in reply to your query, since the birth of twins took place in 2015, much after the enforcement date of the amendment, he stands disqualified for contesting the elections.

Hope this resolves your query.