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Dear Subscriber,
Today we are explaining about the amendment made by the Government of Maharashtra in Section 26 and Section 27 respectively.
Section 26 of Maharashtra Co-operative Societies Act, deals with Rights and duties of members.
While discussing about sub section (2) of Section 26 of the Maharashtra Co-operative Societies Act which presently states as:
(2) It shall be the duty of every member of a Society,
(a) to attend at least one general body meeting within a consecutive period of five years,
Provided that, nothing in this clause shall apply to the member whose absence has been condoned by the general body of the Society.
(b) to utilize minimum level of services at least once in a period of five consecutive years as specified in the by-laws of the Society;
Provided that, a member who does not attend at least one meeting of the general body as above and does not utilize minimum level of services at least once in a period of five consecutive years, as specified in the by-laws of such society shall be classified as non active member.
Provided further that, when a society classifies a member as a non-active member, the society shall, in the prescribed manner communicate such classification, to the concerned member within thirty days from the date of close of the financial year:
Provided also that a non-active member who does not attend at least one meeting of the general body and does not utilize minimum level of services as specified in the by-laws, in next five years from the date of classification as non-active member, shall be liable for expulsion under section 35:
Provided also that a member classified as non active member shall, on fulfillment of the eligibility criteria as provided in this sub section be entitled to be re classified as on active member
Provided also that, if a question of a member being active or non-active member arises, an appeal shall lie to the Registrar within a period of sixty days from the date of communication of classification:
Provided also that, in any election conducted immediately after the date of commencement of the Maharashtra Co-operative Societies (Amendment) Act, 2013, (Mah XVI of 2013), all the existing members of the society shall be eligible for voting, unless otherwise ineligible to vote]
The above sub section has been amended by Government of Maharashtra vide its notification dated July 16, 2021 as follows:
(2) In section 26 of the Maharashtra Co-operative Socieites Act, 1960 (hereinafter referred to as “the principal Act”), in sub-section (2) for the sixth proviso, the following proviso shall be substituted, namely:-
“Provided also that, in the respect of elections of societies to be conducted on or before the 31st March, 2022, all the members of the society shall be eligible for voting, unless otherwise ineligible for voting.”
Further amendment is done in subsection (1A) of section 27 which presently states as:
[(1A) Notwithstanding anything contained in sub section (1) an active member who subsequently fails to participate in the affairs of the society and to use the services upto the minimum level as specified, from time to time, in the by-laws, shall cease to be an active member and shall not be entitled to vote.]
The above sub section has been amended by Government of Maharashtra vide its notification dated July 16, 2021 as follows:
3. In section 27 of the principal Act, in sub-section (1A) for the existing proviso, the following proviso shall be substituted, namely:-
“Provided that, the provision of this sub-section shall not be applicable in respect of elections of societies to be conducted on or before the 31st March, 2022.”
I would also like to draw your attention to notification issued by Government of Maharashtra dated July 23, 2019 which states under 154B(2) that
(2)The following provisions of this Act shall not apply to the housing societies, namely :—
Clauses (1)(a) and (b), (2)(a), (b) and (c), (4), (9), (10-aii-1), (10A), (11), (11-A), (12), (14-A), (15), (16-A), (19) (a), (a-1), (b) and (c), (19A), (22), (23) and (25) of section 2, sections 6, 8,11, 16, 18A, 18B, 18C, 23(4), 24, 24A, 26, 27, 28, 29, 30, 32, 32A, 39, 44, 44A, 46, 47(1)(a), 47(4), 48, 48A, 49, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62(b), 63, 69B, 72A, 73(1A)(b), 73A, 73AAA, 73-B, 73CA, 73D, sub-section (1) of section 73ID, sections 74, 78, 90, 101, 110A and sections 111 to 144-1A.
In layman’s understanding these amendments will be applicable to other co-operative Societies excluding Co-operative Housing Societies.
- Mangesh Raut
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