Subahs Kamble, Kalyan
I am a MC member of a Co-operative Housing Society situated at Kalyan, Maharashtra, which has 92 resident members.
We have adopted the 97th Constitutional Amendment and MCS Amendment Ordinance, 2013 last year. The current Managing Committee has completed two years of service and has strength of 6 MC members. Now we would like to enhance the number of MC members to 11 as required by the said amendment.
How do we go about conducting the election? Do we need to involve the election commissioner?
I C Naik
We are quite happy to guide people engaged in management of cooperative society as the zeal to learn, to do right things right way etc reflecting commitment to Cooperative Movement. We see high potential of our advice finding way in day to day life of cooperatives.
We are not disheartened by a dismal level of information possessed by the members in management for if it was no so, we would not have been approached.
A Kalyan (Maharashtra) cooperative housing society has the Committee one of its 6 member the managing committee is Mr Subhash Kamble who has given information that the Society has 92 members and 6 Committee members who took charge around November 1, 2012. It is safe to assume that Bye-Law Model 2009 has been registered by his Society. Having Completed 2 years in office, they have got some idea of latest changes in Cooperative Societies Law as he says “We have adopted the 97th Constitutional Amendment and MCS Amendment Ordinance, 2013 last year.”
Let me point out that THE MAHARASHTRA COOPERATIVE SOCIETIES (AMENDMENT) ACT 2013 has incorporated many provisions of The Constitution ( 97th Amendment ) Act 2011 in the M C S Act 1960 as that was mandated by the 97CAA. After that the State has to amend the M.C.S. Rules 1961 substantially to enable co-operative department and cooperatives to give effect to changes in law. There are two sets of Draft Rules are waiting for finalization by the Government.
1.The Election Rules for State Cooperative Election Commissioner (NOT APPOINTED TILL TO DAY) to hold all elections where ever due (including Office bearers and to fill casual vacancies)
2.Draft Rules proposing more than 100 amendments to the M.C.S. Rules 1961 draft of which was published on 20-11-2013.
3.Draft of Model Bye Laws 2013 is posted on the website of the the Commissioner and Registrar of Cooperative Societies Pune
When the Model Bye Laws are approved and adopted by your housing society undergoing Amendment procedure as laid down in the Bye-laws, you can say that “We have adopted the 97th Constitutional Amendment and MCS Amendment Ordinance, 2013 last year.”
It is not known if his housing society has women members but even if there is one and willing she has to be made a member of the Committee as one additional seat is reserved for women as per 2009 Model. The Society can co-opt one member right away.
Please note that next three years you have not do anything except to study the M C S Act 1960 and the M.C.S. Rules 1961.
Once you have new Bye-Laws say as per 2013 Model the strength of your committee would be as under.
1.GENERAL 6
2.WOMEN 2
3.S C/S T/ OBC – 3
4.EXPERTS – 2(Who need not be members)
5.One employee Member.
The new model bye-laws published by the Mumbai District Federation is very shabby, full of mistakes, for which I am writing a very strong letter to the Registrar (CS), Pune.
However, since there is a Co-operative Election Authority in place, my advice to you would be to write a letter to the Pune based Co-operative Election Authority about the current status of the committee members of the society and the expiry term of the current committee, marking a copy to the Dy. Registrar of your area, for information and necessary action. Dont co-opt any member without the express permission of the Dy. Registrar whatsoever.