All the information stated in this document is readily available in Maharashtra Co-operative Societies amended act from time to time.

It is strongly recommended that the site managers / accountants will not proactively get involved in anything about qualification / disqualification of any member / corporate body and it will be solely decision of the Election Officer to entertain such objections. Besides, it will be prerogative of the Election Officer to take necessary action on such objections raised by any other concerned person.

This is to inform you that, as per circular dated 28th September, 2020 the Government of Maharashtra has put hold the election procedure of Managing Committee till 31st December, 2020 due to COVID- 19 pandemic and may shortly remove the restrictions, the following is published as a refresher.

FOLLOWING IS THE EXTRACT FROM THE MCS AMENDED ACT AND GUIDELINES ISSUED BY GOVERNMENT OF MAHARASHTRA DATED 23RD JULY, 2019

Following are the grounds of disqualifications under Section 154B (23)

(1) Without prejudice to the other provisions of this Act or the rules made thereunder, in relation to the disqualification of being a Member of the Committee, no person shall be eligible to be appointed, nominated, elected, coopted for being a Member of Committee,—

(i) if he is a defaulter of any society, or as per section 154-B(1)(11) the definition of defaulter is as follows: (11) “defaulter” means a Member or flat owner or occupier who fails to pay the dues of the society within three months from the date of service of bill or notice or due date of payment, whichever is later ;

(ii) if he carries on business of letting, subletting and selling of flats in the housing society of which he is a Member, or

(iii) if he has been held responsible under section 79, 88,154 B-8(2) or 154B27 or for payment of cost of enquiry under section 85, or

(iv) if he has incurred any disqualification under this Act or the rules made thereunder, or

(v) if he incurs any of the disqualification similar to that mentioned in the provisions of clause (vii), (viii) or (ix) of clause (f) of sub-section (1) of section 73CA.

(2) A Member, who has incurred any disqualification under sub-section (1), shall cease to be a Member of Committee and his seat shall thereupon be deemed to be vacant.

(3) A Member of a Committee who has ceased to be a Member thereof, on account of having incurred disqualification under clause (ii), (iii), (iv) or (v) of sub-section (1), shall not be eligible to be re-elected, re-co-opted or renominated as a Member of Committee for five years from the date on which he or she has so ceased to be a Member of the Committee.

(4) A Member of a Committee who has ceased to be a Member thereof, on account of having incurred disqualification other than disqualifications, referred to in sub-section (3), shall, unless otherwise specifically provided in this Act, be eligible to be re-elected, re-co-opted or re-nominated as a Member of Committee as soon as such disqualification ceases to exist.

154B-27.

(1) If any society is required to take action for performance of its obligations, responsibilities and duties as provided in this Act, rules and byelaws or to execute the orders issued by the State Government or by the Registrar, from time to time, and such actions are not taken or such orders are not executed, the Registrar suo motu (on their or its own initiative, without external prompting or explicit demand) or on an application may issue directions to take such action or actions or execute such orders.

(2) Where any society is required to take any action or to execute the orders as provided in the foregoing sub-section and such action is not taken or orders are not executed,—

(i) within the time provided in this Act, rules or the bye-laws or in the order, as the case may be ;

(ii) where no time is provided, within such time having regard to the nature and extent of the action to be taken as the Registrar may specify by notice in writing, the Registrar may himself or through a person authorized by him take such action or execute such order at the expense of the society and such expenses shall be recoverable from the responsible officer of the society as if it were arrears of land revenue :

Provided that, before issuing an order or direction and fixing the responsibility of payment of expenses an opportunity of being heard shall be given to the officer of society to whom the Registrar considers to be responsible for not taking such action or not executing such orders.

Following is the provisions of clause (vii), (viii) or (ix) of clause (f) of subsection (1) of section 73CA.

(vii) Has more than two children: Provided that, a person having more than two children on the date of commencement of the Maharashtra Co-operative Societies (Third Amendment) Act,2001, (hereinafter in this clause referred to as “ the date of such commencement”), (This clause (vii) was inserted by Mah. 34 of 2001, s. 6, w.e.f. 07-09-2001) shall not be disqualified under this clause so long as the number of children he had on the date of such commencement does not increase; Provided further that, a child or more than one child born in 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.

Explanation.—for the purpose of this clause,--

(a) 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;

(b) “child” does not include an adopted child or children.]

[(viii) is held guilty for any offence under section 146 and convicted under section 147; Or (xi) is convicted with imprisonment of not less than one year for an offence under the provisions of any law for the time being in force;]