By Sunil Deshmukh
District Deputy Registrar (Retd.)
For K.K. Ramani & Associates
The Government of Maharashtra has amended the Maharashtra Cooperative Societies Act, 1960 in 2013 and introduced new election procedure for cooperative housing societies.
We have explained the procedure as per the Act regarding elections to be conducted by the cooperative housing societies. We trust that you will find the same useful.
Elections of Cooperative Housing Societies
1. Maharashtra Cooperative Societies Act, 1960 has been amended on 13th August, 2013. As per the amended provisions of Section 73CB(1), State Cooperative Election Authority has been constituted. The Elections of all the Cooperative Societies have to be conducted as per the provisions of Maharashtra Cooperative Societies (Elections to Committee) Rules, 2014.
2. The Housing Societies have been classified in two categories under the aforesaid Rules:
i. Housing Societies having 200 or more members as on 31st March of the preceding year in ‘C’ Type.
ii. Housing Societies having less than 200 members as on 31st March of the preceding year in ‘D’ Type.
Both type of Societies which are due for election has to submit the information in E-2 Format of the aforesaid Rules.
Form E-2
Forms of report to be delivered by the committee of the society 6 months before of the expiry of the period of the committee of the society.
| Sr. No.
(1) |
Name of Cooperative Society with registration No. and Address
(2) |
Date of result which last election of managing committee was held declared.
?
(3) |
Date on which term of the present MC members in the office to expire.
(4) |
Names of the constituencies as per bye-law.
(5) |
No. of MC members to be elected against each constituency.
(6) |
Remark
(7) |
Note: The Certificate from the Chief Executive Office / Secretary of the Society to the effect that submission of provisional voter list will follow within 7 days shall be as under :
Certificate
I, Shri / Smt. _________________, Chief Executive Officer / Secretary of ___________ _________ Society Limited _________, hereby certify that –
(1) The Society shall prepare provisional voters list of the members prior to that date and on or before expiry of 120/150 days.
(2) The information furnished in the Form E-2 is as correct and derived from the records of the Society.
(3) The particulars to be included in the provisional voters list shall be according to the Rules No.6 of these Rules.
Seal of the Society
Date :
Name and Signature of the
Chief Executive Officer / Secretary
Of the Society
The Elections of the ‘C’ Type Societies will be conducted Returning Officer appointed by the Assistant Registrar / Deputy Registrar of Cooperative Societies of concerned Ward.
Every society has to submit the information in above format to the concerned Assistant Registrar / Deputy Registrar.
The Elections of ‘D’ Type Societies will be conducted by the authorized officer appointed by the concerned Registrar. The Societies have to submit a copy of the byelaw along with the Form E-2 to the concerned Registrar. Society has to submit final list of voters to the concerned Registrar. The society should prepare voters list considering Section 26(1), which reads as under :
26(1) a member shall be entitled to exercise such rights as provided in the Act, Rules and the Byelaws.
The members should be eligible as per Section 27 of the Maharashtra Cooperative Societies Act. He should not be a defaulter under Section 73CA and should not be disqualified as per the provisions of Byelaws of the Society.
The relevant provisions of Section 27 are as under :
(1) save as otherwise provided in sub-section (2) to (7) both inclusive, no member of any society shall have more than one vote in its affairs and every right to vote shall be exercised personally and not by proxy.
(1)A – notwithstanding anything contained in sub-section (1), an active member who subsequently fails to participate in the affairs of the Society and use the services upto the minimum level as specified, from time to time, in its byelaws, shall cease to be active member and shall not be entitled to vote.
(2) Where a share of a society is held jointly by more than one person, (the person whose name stands first in the share certificate, if present shall have the right to vote but in his absence the person whose name stands second and in the absence of both, the person whose name stands next, and likewise, in the absence of the preceding persons the person whose name is next on the share certificate who is present and who is not a minor shall have right to vote.
(8) No nominal member shall have right to vote (and no such member shall be eligible to be member of a committee)
Section 73CA (A)(e) of the Act : “a member who defaults the payment of dues to the society within three months from the date of service of notice in writing served by post under Certificate of posting demanding the payment of dues and such member fails to make the payment become disqualified.
A member who is having more than two children on or after 7.9.2001 is disqualified to become a member of the committee.
The Secretary /Manager of a society has to prepare a provisional voter list as per the I-Register of members and publish it on the notice board of the society calling the objection on it within 2 days.
After two days prepare a final list of voters and to be submitted to the concerned Registrar in four copies.
The Returning Officer shall be appointed by the concerned Assistant / Deputy Registrar with the prior sanction of State Election Commission.
The Returning Officer with the consultation of Registrar and Society will prepare an election programme and will display it on the notice board of the society.
Expenses of Elections
1. Remuneration to the Authorised Officer Rs.750/-
2. Election Funds – less than 25 members – Rs.2500/-
26 – 50 members – Rs. 4000/-
51 – 100 members – Rs. 5000/-
101 – 199 members – Rs.7500/-
Strength of Managing Committee
| No of member of the Society | General | Reserved | ? | ? | ? | Total | Quorum of Meeting |
| ? | ? | Women | SC/ST | OBC | VJ/NT/SBC | ? | ? |
| Upto 100 | 6 | 2 | 1 | 1 | 1 | 11 | 6 |
| 101 to 200 | 6 | 2 | 1 | 1 | 1 | 13 | 7 |
| 201 to 300 | 10 | 2 | 1 | 1 | 1 | 15 | 8 |
| 301 to 500 | 12 | 2 | 1 | 1 | 1 | 17 | 9 |
| 501 and above | 14 | 2 | 1 | 1 | 1 | 19 | 10 |
* Quorum for the meeting will be simple majority for the existing Committee Members.
Ours is a Registered Housing Society. We pay our property tax collected from all flat owners in two instalments to KALYAN DOMBIVLI MUNICIPAL CORPORATION every year. Can we convert this payment to be made directly by the members individually to KDMC. Is there any norms applicable.
Yes this is possible. Mira Bhayandar Municipal Corporation did this long back.
Is there any rule that meeting should be conducted before 9.00 pm and should be over by 12.00 am when Lady Members are attending such General Body Meeting. We always conduct Special General Body meeting/s at 9 or 9.30 pm on Saturdays and members come late by 1 hour or more.
It can be mutual understand.
Recently when we conducted an Extra Ordinary General Body meeting 12 members came but only 8 have been signed for the reasons unknown to the General Body. For want of quorum (ours is a society of 18 members) Meeting was unnecessarily adjourned for two hours. What action can the General Body take on such members forming a group of 4.
Quarum id provided in Bye-law, act according to the rule.
I was selected to the Managing Committee as Secretary in 2015 when I was not even completed the minimum 2 years period of membership. Would the decision taken by the Managing Committee and I as a Secretary of that Committee is valid or not.
AGM election itself means the rectification.
I was selected in the AGM as Hon. Secretary in the year 2005 when I was just a new entrant that year. Would the decision taken by the Managing Committee wherein I was Hon. Secretary has any validity.
Yes.
Our Registered Society has three coconut palms in the compound. One member who regularly plucks coconut from one of the palm trees has been served a letter by the Society seeking explanation against his arbitrary act. Now he says we have jamun tree and all are plucking the fruit is there anything in writing in the Society. Also says the trees inside the compound are not registered though the Society is registered and conveyance in 2012. What action society can against such member.
Impose penalties after passing in AGM.
Sir,
Our Society’s Managing Committee election is due this year by September. We have sent Form E-2 alongwith the Certificate in April and Form E-3 of Provisional Voters’ List in May to the Concerned Dy. Registrar of our ward and to State Co-op. Election Commissioner/Authority, Pune but waiting for their response.
Please wait, for your turn.
Do you have a legal cell to fight against the irregularities happened and happening in a Co-operative Housing Society. Can a person holding Secretary post can file case against the Society in his individual capacity. Please advise.
Yes. Society is separate legal entity.
Dear Respected sir
Please note Our Chief Promotor (builder) call our first agm on 30.06.2014 for elect pwc, as per agm we elect members for pwc, Sir our pwc one year period 30.6.2014 to 30.6.2015,
so please advice when we will start process for new wc election as per 2013 election procedure
Thanks & Best Regards
Rosalie Lx CHS Ltd.
Sunil Ghegade
Secretary
You must start by 10th June.
Thanks for reply
Sir pls advice apxly when we will have a election Date by election dep
Any time after 21 days of serving notice. Could be first week of July.
The registrar is insisting that a joint member (co-owner of the property) has a right to vote only when a declaration under Form 10A has been filed.However as per Section 27 if the first member is absent the second member can vote.It does not acll for filing any declaration under form 10A.Please guide.
Form 10A is nothing but transfer of authority to joint member, a NOC or affidavit or a mere letter will also do. Section 27 will over rule the forms under bye-laws.
tHE REGISTRAR IS INSISTING ON DECLARATION UNDER FORM 10a WHEREAS THE FIRST OWNER IS IN USA AND NOT RESPONDING.WHAT SHOULD ONE DO? HE IS NOT GOING AS PER THE PROVISIONS OF SECTION 27.
if you are occupying property more than 12 year uninterrupted, then claim the Adverse Possession in the court decree and ask society to put your name as sole owner of the flat.
does a associate member have right to be member of the managing committe of a cooperative society and does go same for nominal member.
Associate member cannot fight election. There is no concept of nominal member.
our builder convened spl.G.M.on 28-08-2005 and handed over management of society to managing committee elected in that meeting.As such whether this M.C.will be for a period of five years from 28-08-2005 i.e.till 27-o8-2010 or till 31-03-2010?We have considered it tii 31-03-2010 and accordingly elected second M.C. from 01-04-2010 to 31-03-2015.When we should approach Dy Regr of our area for initiating the election process,kindly advice.
Immediately. Time already lapsed.
Dear Sir,
we have a Committee where in they have failed to conduct AGM for the last 3 years and when I complained to Deputy Reg in P/North ward,Mumbai but my complaint copy was forwarded to the Secretary by the Assistant to Deputy Reg instead of giving any reply to me or any action being taken. This Secretary has given a forged reply to Deputy Reg , There was a SPl Gen body conducted 0n 06.07.2014 but he has misrepresented as that was an AGM which was not so. As i have a copy of Minutes of SPGM held on 06.07.2014.
What should I do ?
There is a Redevelopment going on in our society since we signed DA in 2007, As per DA builder is supposed to pay all outgoings like taxes, Cess, Water bill, Electricity bill etc of the building under Redevelopment but he has failed to pay. This Secretary has paid out society’s funds an amount of Water bill more than 50K and recently they have paid even Electricity Bill from Society Funds upto 60K
have the society committee such rights to pay Builders dues from Society fund? Thsi Secretary is very adement , arrogant and doing all forgery manipulation in documents. Even he had done all the TRasnfers and raising maintenance bills in name of transferees without getting them approved in the AGM as AGM is not conducted in the name of Accounts as he is not preparing accounts and misappropriating funds from Society
Please advise
Rajesh Shah
in a small society of 12 members, do we need to consult Taluka or Ward co-op election officer or mere election held in AGM/SGM and committee decided therein shall serve the purpose.
Dear Sir, Is the requirement of M 20 Bonds still valid?
We have redevelopment going on since 2007 but up till now Builder has not transferred property in the name of the society. Nor he has completed project beyond 7 floors . The project is for 15 Floors. Even though we had registered the Conveyance Deed in 2007. We had received the BMC notice showing the arrears of Property Tax , The notice is in the name of Builder , Then only we came to know that property is still not transferred in the name of the society and this committee is there since Oct 2012
society has lots of Funds up to may be 1.5 Crores but this Secretary and the entire committee is dancing on tune of Secretary and Builder /developer is one of the members of the Society. We fear that this Secretary may pay property Tax payable by Builder from Society funds which is around 15 Lacs as he is not showing any accounts for last 4 years and we have a fear that he may have misappropriated lots of funds in favour of Builder and keeping members in dark and doing lots of GUndagiri in society . He is doing Atrocity /misappropriating society funds , filing bogus reports to Deputy Reg , threatening members of Police and to be ready dire consequencies
Pl advise
Please apply to the registrar to appoint administrator.
in a small society of 12 members, do we need to consult Taluka or Ward co-op election officer or mere election held in AGM/SGM and committee decided therein shall serve the purpose
Our Society in Thane has excess of income over expenses every year for last five years 2011 to 2015. The Managing Committee is proposing to provide rebate or refund of approximately 50% of the accumulated excess of income over expenses to the members by paying the property tax for the year from Society funds instead of collecting from members. Can AGM authorize the Committee to provide this kind of rebate ?
yes. Better give rebate to early bird payments.
Dear Sir,
We need to conduct election as per the new rules to our Housing Society of 30 members. What is the procedure? Is there any form that I need to send to the Election authorities and where are they based? Can I have the form numbers and address?? By when should we complete the election process?
Dear Sir,
In our Society a lady member has made application to enroll her husband as an Associate member. She has also expressed her desire that after her husband is admitted as an Associate member, he would contest election for Managing Committee. Can he contest election ?
No. Associate member cannot contest election.
Dear Sir,
Election officer is asking for bribe to come on any Sunday to conduct election program. Are they supposed to come only on working day? Please guide.
Thanks,
Ram
Bribes can be reported to ACB. Sundays are most favourable days and election officers are appointed only when they give undertaking to election authority that they will go on holidays and week ends like Sunday. He is duty bound to come on Sunday.
If a committee Member of a housing society has two children before 2002 and later 2 more children are born after 2002 is he eligible for disqualification
No.
Sir
As per the article published in Accomodation times on the 5th Jan 2015 by Sunil Deskmukh Retd Deputy Registar under section 73 CA (A) (e) of the act a person having more than 2 children after 7.09.2001 is disqualified. Request you to please clarify the application of this section.
Thanking You.
The section over rule all provision of new election rules.
our society had election in 2011. Do we need to take an election before end of full five years term by new amendment? We didnot accepted the new Bye Laws yet, is there any action for not accepting it? What is the last date to accept the Bye Laws?
No last date of accepting bye law.
Our society ; Powai Gulmohar CO – OP.Hsg. Soc. Ltd. bldg No 20A, MHADA Powai, has three office bearers;Chairman, Secretary, and Treasurer, who are ASSOCIATE MEMBERS as the flats are held on the names of their wives(the first names in share certificates)
Can these persons become members of the ‘Committee’ and hold these positions.
If not is there a way to regularise and allow them to continue and do all legal transaction on behalf of the Society.
They cannot become office bearers. Society can appoint them as managers to do the work and give authority to act on its behalf.
There is one member in our Society in whose name the Share Certificate is issued have two nominees. Now she requested to remove one nominee and gave 100% to her daughter the other nominee was her son and both are married. There is no indemnity or declaration from her side after her decease it would go to her daughter. In such a scenario what would be the role of Society if her son also put a claim on the property legally. Is 100% share of the nominee has any validity in front of a court case.
Nominees are trustees. Either one or two nominee. One is removed and another is added. Society must follow rule and see Will and Probate and if no will then let legal heirs take succession certificate from court, advertise in Newspaper and formalities completed to become member.
Our society having 20 members & i am member in society.on 2/10/2010 five persons were elected in A G M but one person was not member ,he was elected as treasurer .his wife is member of society was signing all records as treasurer in reply to my query secretery explained that it is for convenience of society.M20 bond was though applicable was not given.quotation of bldg repair leakage painting was sanctioned hurriedly by passing 1 qoutation in meeting held on 5/4/2011 but thereafter quotation for additional work was separate taken from same contractor which is incorrect ,treasurer did renovation work including false ceiling in his flat from same contractor during societies work .,which was objected by me but chairman explained that he has paid to his worker who has done this skilled architectural work ..These points were brought to notice of DY Registar on 31/10/2011.,but till date no reply/action .In meantime commitee carried out conveyance work through advisor who was paid ,his TDS was deducted & same TDS was again paid to him after passing in society meeting i objected for same but other members supported saying that we have to pay bribe everywhere to get work done .builder was also paid for signing conveience deed in cash & for raising cash 2 separate quotations of less than Rs 30,000/[to avoid TDS] were obtained .as per law 3 quiotation each were not taken in both cases.last year
AGM PROFIT & LOSS STATEMENT showed diff of Rs 22,000/ whereas treasurer told diff as Rs44,000/ & accordingly increased monthly charges .at the time of passing minutes of meeting this mistake was brought to notice of committe with request to rectify by lowering increase dues but chaireman did not accepted it but finaly when minutes were recd i was surprised to see that he thanked me for pointing out mistake & stated correction made in record but no revision in increased amount ,.other members do not understand ,blindly supports them .20 years back same commietee not conducted audit for 5/6 yrs & commited mistakes in lakhs but society people removed them & forgot same .now same commitee intend to come & treasurer being interested in money/redevelopment we may incurre huge losses pl guide us
M 20 Bonds are not compulsory. Object to the bills in AGM. Apply for administrator if not satisfied. See auditors report for satisfaction. Co-operate.
Dear Sir,
If a flat is owned jointly by Husband and wife after completing all the formalities. After how many years a registered member contest managing committee elections?
2 years.
Sir, my soc recently got deemed conveyance. 4 members have duly paid stampd duty purchase deed documents of flat in 1990 and are not registered. It was a last chance for them to come forward and get the documents registered as per mandatory statutory provisions. They want to contest new managing committee elections. We wrote to DDR in this matter, no reply received. What to do?
They can fight election. In 1990, there was no compulsion of registration in societies. Since they are members, they can fight elections.
Dear Sir,
The present managing committee of our society was “selected” among the members attended in the AGM in the year 2011.Do we need to elect the new managing comitte before June 2015 as per the new rules? Or the election need to be conducted in the year 2016 only on completion of 5year term?
Regards
Election in 2016 if Bye-law provided for term of 5 years for office bearer.
Sir our society MC terms is overing on 8th JUNE 2015 , but still not declare any election dates and want to remain as MC after 8th JUNE 2015 . is this valid, if not what legal steps can be taken,
Even on Last year 8th JUNE 2014 MC releceted themsleves for 1 year with 18 memebers presance without informing all other absent memebers of 40 memebers society .
pl. reply
Complain to authority.
Dear Sir,
Pl. explain what can be done if OLD MC tender their resignation from POST ( CP, V CP, Sec, Tre all ) in SGM before 1 day of expiry terms , and walkout , so if all other members selected 5 regular memebers as New MC , can be this validated this is happen on 7th JUNE 2015
Yes.
Can a defaulted member whose dues were written off can join managing committee
Yes! Ofcourse.
Let me know where I can get copy of new election rules for housing societies in Mumbai.
Two members of our Housing Society indulged in willful wrong activities with the Electric Board installed by MSEB when their Electric connection gone off due to over loading. They put off our DP too and put six members under dark in the wee hours of the day. We registered an NC with the local Police Authorites and they were called. But still they come out with wrong execuses and putting blame on the Managing Committee because of the Managing Committee their electric connections were gone off. What Action can we take since the NC is Registered and it leads court case (criminal) under IPC 507. Can we expel these members once the court case is registered.
We advise only Real Estate. Sorry. You can engage a lawyer.
THANKS FOR YOUR KIND ADVICE
When Municipal Property Tax is being paid by Individual in a CHS, if suppose one member fail to pay the Tax and become defaulter, the concerned Municipal Authority would take action such as water cut, etc. on individual member or it affects the whole society.
I am owner of a tenement in an Ekta Apartment Owners’ Association then Regisxtered by CIDCO Limited, constructed Eight buildings and allotted to 128 buyers. The Association wants to convedrt into a Housing Society. What is the procedure to be followied. Please furnish detail;s.
You need to start proceeding to register a society. Pass a resolution to liquidate the association.
Can a member can continue as chairman or other post for more than 5 years in a registered CHS
everytime a fresh election and , if he is elected, yes he can.
Dear Admin,
Our soc. in Mulund (Mumbai) has asked us to pay an extra charge of Rs. 2000 per time for use of lift for debris removal from my 8th floor flat.
Does the MC have the rights to do so?
Please advise.
Thank you in advanc.
Yes. If it is passed in MC meetings.
Is pet animals (four legged) are allowed to maintain inside the house in a CHS. Can we stop such activities. Please advise.
yes, society can stop pets in society premises.
We are society from khar mumbai. total no of members 11. do we need to follow this procedure. one of my friend said that there is recent notification by which the society having less than 30 memebers are exempt from this procedure. kindly clarify and
pls provide if there is any such notification is there
Procedure is applicable to all society irrespective of number of members.
Our society is not registered ..it is ongoing but someone from the said society filed complaint with the name of unformed society .Does this complaint valid ? or is it personal liability of complainant?
pl re frame your question and elaborate.
As per registered by-laws of our society we have conducted elections on 14th June 2015, as the 5year term of the MC was coming to an end on 13June.Notice of our intent to hold elections on 14 June along with the requisite forms/information was submitted to the Dy. Registrar on 28 March, and a subsequent reminder given upon non-receipt of response in reasonable time. Seven members were declared elected unopposed by the Returning Officer appointed by the MC. The election was endorsed by the AGM held on that day. About a week before the elections notice was received from an authorized officer to contact him with particulars already submitted as above. We propose to inform him of the results of the election and endorsement thereof by AGM.Ours is a society not having any internal disputes in respect of management. We feel that co-operative societies are essentially self governing bodies and unnecessary interference by government in their management is uncalled for.The out going MC members propose to hand over charge to the new committee, as their term has expired and essentially they are not permitted to remain in office for more than 5 years as per the bye laws. Please advise.
You need to inform the authorities as to new election and AGM resolutions.
Dear Admin,
Thanks for helpin us we formed a adhoc committee in kharghar navi mumbai in swaraj imperial chs, and now want to go for form a committe what is the procedure pl let me know,.
Rgds
RK Shreevastava
If I am working with pune corporation as an engineer then can I contest in co operative housing society election?
Yes sir.
Once the election is completed in the housing society in presence of authorised representative of the registrar then in how many days the said representative should give report to the society so that the society can form new managing committee?
Three working days.
newely commitee is formed in that out of 101 flat owners 10 member submited nomination and without voting all selected on 4th january 2015. but in that 3 member is from previous commitee and many misappropriation of fund in last 3 years. i am treasure they not allowed me to check old account and debit voucher and in group forcing me to resign .even not calling all members meeting. only 4-5 in group take decision and pass all cquation.
Apply to registrar for Administrator.
Sir, in our society our name comes on second in sharecertifcate and we are having family dispute with the person whose name is first in share certificate.now that person is secretary and is well off .he with the committee me members arharassing us and not sending any circilars, notices etc to us.they r boycotting… also they don’t stay there for past 30 years whereas we are staying from past 30 years. Also had complained thus regarding to registrar but even after receiving registrar letters society does not respond.its seems society does not have any respect towards registrar. Sir please suggest what can we do as we do not get. Correspondence of society as all listen to them and send to their diff address even we stay there…
Apply to court for adverse possession and let court decree in favour of you after you prove that you were staying there uninterrupted for last 12 years and there was no attempt by first owner or anybody to vacate it.
We are a coop. housing society of 66 members at Mululnd , Mumbai which was registered in June’2010 by builder/developer. However the society management is taken over on 2nd August’2014 only by a Prov Managing Committee. Please inform when are we required to hold elections for a new managing committee. We would prefer to abide by all the rules and regulations. Pl inform whether you can assist us in the procedure or recommend someone to assist us on professional assignment basis.
Immediately. Pl down load election manual from our website.
what is limit for proposer propose the candidates with filling form no E5?
we are a society of abv 100 members. most of the principal/ primary members are abv the age of 70 owing to which they cannot discharge their duties eg contesting elections . Is there any way or method by which associate members can contest elections n be a part of managing committee eg if passed a resolution in EGM/AGM ?for the sake of a healthy state of democracy .is there any other way by which an associate member contest election n be part of committee ? Pls guide me sir