In a move that will have far-reaching implications for societies established under the Maharashtra Co-operative Societies (MCS) Act, 1960, the state government has notified that all elected members of the managing committee of societies are required to execute a bond holding them “jointly and severally” responsible for all the decisions the committee takes. Called the MCS (Amendment) Rules, 2002, the new rules are applicable to co-operative banks, co-operative federations and co-operative housing societies, among others. A new form, M-20, has been inserted whereby elected members of managing committees have to declare they are jointly and severally responsible for all the acts and omissions detrimental to the interests of the society.
“Lack of professionalism, transparency, insider/connected borrowing and political interference are the bane of co-operative banks. This has taken a toll on their financial health. The new measure will deter managing committee members from taking arbitrary decisions,” said a senior co-operative banker.
According to another co-operative banker, the new rules could prove to be the proverbial double-edged sword. “It is like a pro-note, which makes each member personally liable. For example, even if a loan decision is taken on merits, an error of judgement cannot be ruled out. So under the new rules, if an advance which was extended during the tenure of a member goes bad, he will be liable for it even if he ceases to be a member of the managing committee,” he explained.
Residents of co-operative housing societies, who normally are reluctant to take up the honorary responsibility of looking after the affairs of the society, are expected not to join managing committees. According to the new rules, every elected member of the managing committee of a society shall execute a bond on a stamp paper, as provided under the Bombay Stamp Act, 1958, within 15 days of his assuming office. The chief executive officer/secretary of the society shall receive such bonds and keep them in the records of the society and accordingly inform the Registrar of Societies within 15 days from the formation of the committee. Further, under the rules, a provisional list of voters should be prepared by every notified society in the year in which the election of the society is due to be held. Persons who have completed a minimum two years as members from the date of their enrolment should be included in the provisional list.
The Registrar, Cooperative Societies, have become irritating for the residents. The committee members feel themselves as powerful as the president of this country and take the residents on a ride randomly over their own issues. Most of the time the residents become victims of such circumstances due to lack of unawareness. They misunderstand that the society committee is the supreme power. Under the Cooperative Societies Act, the powers of the Cooperative committee and the rights of residents are clearly specified. More over every society member should seek the copy of do and don’ts, along with society formation agenda. You have every right to seek accountability from committee members.
The basic issues such as Co-op Hsg Society where majority of the Members don’t pay their monthly Maintenance regularly. Almost 60% of the Members are defaulters including the Chairman and other Committee Members; most of the time chairman and committee member’s feel they are the owners of the society and that’s why they take these issues for granted and pressurize other members to pay over dues. The Managing Committee always has their agenda of existing with insights and favoritism. All in all the Society lands in a mess and no one knows anything about the financial status and payments of Society bills and taxes. The Chairman, Secretary and other Committee Members do not meet to take decisions and it’s just a matter of time when the whole committee united opposes when you challenge them over these crucial issues. I strongly feel there should be some Government Body which looks after such cases. And there is a need to know where one can complain so that necessary actions can be taken. Amendments to the Maharashtra co-operative society act, 1960 made many such provisions of other members and each member of cooperative housing society should be provided with the copy of the same. There are many hoodlums where the family members of committee holders not only create nuisance they damage Vehicles Park in the society complex. They pose threat to building structure by their use of heavy internal structural amendments. Moreover, they are also indulging even in eve teasing and group harassment and communal issues by making it difficult for residents. These lawless activities in society by committee members definitely have IPC provision too. If you want to remain safe and out of atrocities then please be aware of your rights, and Please ask your committee to issue directives so that you can take immediate steps to end this menace in society by the committee members.
Provided that, the member who has been so removed, shall not be eligible to be re-elected, re-appointed, re-nominated, or re-co-opted, as a member of any committee from the date on which he has been so removed or till such lesser period as may be laid down under the provisions of section 73FFF or 144E, as the case may be”. if a member of the committee has been removed under this section than he cannot be re-elected, reappointed, denominated as a member of the Managing Committee for one full term from the date he has been removed or for such period as laid down in provisions of sections 73FFF or 144E of the M.C.S. Act 1960. Subsection of 104 has been substituted to specify in which cases the appeal should lie with the registrar and in which places the appeal should lie with the State Government. The committee or any member of the society ordered to be wound up may prefer an appeal against the final order of winding-up within two months from the date of the issue of the order made under section 102.-if made by the Registrar, or the special or Additional or Joint Registrar on whom the powers of the Registrar are conferred, to the State Government. If any resident has complaint against any committee members or his conduct and behavior the provision has been given to go legal against the atrocities. Those so-called elected members are not compulsion upon you or you are not forced to take them with the kind of execution they have. Yes, but if you are going against committee with malign intentions then it would be difficult for you to prove the charges, so be honest and true while going through judicial procedures.