By Advocate Sanjeev Kanchan
The expulsion of a Member of Co-operative Housing Society is a serious matter and if extreme need arises the law and procedure be strictly followed as laid down in Section 35 of Maharashtra Co-operative Socioeiteis Act 1960, Rule 28, 29 of the Maharashtra Co-operative Societies Rule 1961 read with Byelaws Bo.51 to 56 of Model Bye-laws.
Grounds of Expulsion of a Member :-
A Member may be expelled from the membership of the society, if such member :
Has persistently failed to pay the charges dues to the society
Has willfully deceived the society by giving false information,
Has used his flat for immoral purposes or misused it for illegal purposes habitually,
Has been in 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,
Has furnished false information or omitted to furnish the material information to the Registering Authority at the time of registration of the Society.
A Society may, by resolution passed [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’. No resolution shall be valid, unless the member concerned is given an opportunity of representing his case to the general body and no resolution shall be effective unless it is approved by the Registrar.
Effect of Expulsion on Membership of the Society :-
The member, duly expelled from membership of the Society, shall cease to be the member of the society, with effect from the date on which the resolution of expulsion from the membership of the society is approved by the Registrar of Co-op. Societies.
Handing Over of Flat :
The member who has been duly expelled from the membership of the society, shall not be entitled to continue in occupation of his flat and he shall arrange to hand over peaceful and vacant possession of his flat to the Secretary of the Society, within such period as the Committee may allow. On his failure to do so, he shall be liable to be evicted from his flat.
Readmission to Membership :-
No member of the society, who has been expelled from the membership, shall be eligible for readmission to membership in the Society, until expiry of the period of one year from the date of his expulsion, provided that on the recommendation of the general body of the society, the expelled member may be readmitted to its membership, as a special case before the expiry of the period of one year, with the prior permission of the Registrar of Co-operative Societies.
Case Laws :-
V. Shreenivasan V/s. State of Maharashtra (2003 (3) Maha Law Journal 189)
Satishchandra V/s. Registrar of Co-op Society, Delhi (1994 (4) SCC 302)
Vijay Ramji Pawar V/s. Girna Sahakari Kharkhana (1986 Mh.L.J. 314)
Mayurdhwaji Co-operative Housing Soceity Limited (1998 6 SCC 39)
SIR,AFTER REGISTRAtion,and final payment done,received share certifivate fron the seller,and the sellert refuses to sign the society transfer forms,then what the buyer and society should do,please reply, thanking you
The agreement of sale or sale agreement must be taken into account and a public notice in newspapers must be inserted.
sir if neighbour used flat for commercial purpose what action can be taken, like tution classes 1st to 4th std without municipal licences and education licences and electric commercial lic in residential housing society. dmmehta .
need conatct details of Advocate Sanjeev Kanchan
1. PLEASE SPECIFY TIME LIMIT FOR REGISTRAR TO TAKE UP THE APPLICATION FOR DISPOSAL.
2. PLEASE SPECIFY WHERE MAJORITY IS CORPORATE MEMBERS AND MINORITY IS INDIVIDUAL MEMBERS AND WHERE FEW MEMBERS PASS FALSE, ARBITRARY AND ILLEGAL RESOLUTION WIOTHOUT GIVING EVIDENCE FOR 18 MONTHS CAN BE TAKEN UP BY THE REGISTRAR FOR DISPOSAL?
3. PLEASE GIVE CITATIONS FOR BOTH.
Please state whether four case laws related to Delhi and Maharashtra can be cited as case reference in similar case of expulsion by the board on the ground of “acts prejudicail to the interest of the mambers” without any discussion in the General body.
can a member be expelled if he does not agree for redevelopment of society