By I C Naik
1. New Art. 243ZJ(2) of the Constitution in Part IXB: The Cooperative Societies, mandates that “The term of office of elected members of the board and its office bearers shall be five years from the date of election and the term of office bearers shall be coterminous with the term of the board.”
2. The Maharashtra Co-operative Societies Election to Committee Rules, 2013 in Rule No. 77 provides as under.
77. Election of Office Bearers.—
As soon as the members of the committee are elected the election of office bearers of any such society shall be held within the period of fifteen days from the declaration of the result as provided in its by-laws. The meeting of the committee for this purpose shall be presided over by officer authorized by the SCEA.
3. The acronym “SCEA” stands for “ State Cooperative Election Authority” a new body being set up under Section 73CB of the M. C. S. ACT 1960 as mandated by the Constitution of India [Art. 243ZK(2)] with a responsibility to conduct all elections including office bearers in cooperative societies in accordance with the Maharashtra Co-operative Societies Election to Committee Rules, 2013.
4. At the time of registration, the Cooperative society has to register the Bye Laws as per the latest Model Bye Laws approved by the Commissioner and Registrar of Cooperative Societies, Pune. Till this date three Model Bye Laws have been approved namely Model 1984, 2001 and 2009. The fourth Model of 2013 incorporating provisions of the M. C. S. Act 1960 as amended by the Maharashtra Cooperative Societies (Amendment) Act 2013, is on the verge of approval. Its final draft is posted on the website of the Commissioner and Registrar of Cooperative Societies : http://sahakarayukta.maharashtra.gov.in/SITE/Sections/Finance.aspx New cooperative housing society is registered with the latest Model of Bye Laws. The older societies have an option to switch over to new Model by registering the same undertaking the process of amendment of Bye Laws.
5. The Maharashtra Cooperative Societies (Amendment) Act 2013 has inserted a new proviso in Section 14 empowering the Registrar to specify Model Bye Laws and in event of the Registrar exercises this power, Model Bye Laws 2013 will have to be registered by every cooperative housing society. “Specifying” and “Approving” have different implications. The former indicates compulsion whereas the later an option.
6. As per Rule 77 as aforesaid, the Elections of office bearers are to be held as per Bye Laws of the cooperative housing society.
7. Bye Law No 126 of Model 2013 (Draft) is reproduced below.
“126 (a) Every Committee, at its first meeting, after its election shall elect a Chairman. Secretary and Treasure from amongst the members of the Committee.
8. As per Bye Law No 123 of the same Model, the new Committee must hold its first meeting within 15 days of the Returning Officer declaring the Committee to have been duly constituted as per the Bye Laws 119 within 7 days of declaration of results of election of the new Committee.
9. Should the Registrar decide not to specify Model Bye Laws 2013 under Section 14 as aforesaid, the older cooperative housing societies may prefer to put up with their registered Bye laws. In that event process of election of office bearers in housing societies across the State may vary depending on the Model registered by each one:
a. MODEL 1984
“121 (a) The first meeting of the newly elected and outgoing Committee shall be held within 30 days from the date of the general body meeting of the society, at which the result of its election was declared.”
“124 (a) Every Committee, at its first meeting, after its election, shall elect a Chairman and a Secretary from amongst the members of the Committee.”
b. MODEL 2001/2009
“123 (a) The first meeting of the newly elected and outgoing Committee shall be held within 30 days from the date of the constitution of the new committee as per bye-law No 119″
“126 (a) Every Committee, at its first meeting, after its election, shall elect a Chairman, a Secretary and Treasure from amongst the members of the Committee”
OBSERVATIONS
1. The housing societies having Bye Laws as per Model 1984 will not have the treasurer and secretary will continue to assume the responsibility which the Treasurer can discharge more effectively. Incidentally the Model Bye Laws 2001, 2009 and 2013(draft) having thoughtfully created new office bearer called post of Treasurer, in terms of assigning responsibilities he would have discharged more diligently, drafters have lost sight of this opportunity. Even the crucial responsibility to prepare bill/ demand notices continue to be vested in the Secretary.
2. Most housing societies will be confused as regards the days available to hold first meeting, though Rule 77 is clear that it has to be within 15 days after the date of its constitution.
3. The meeting of the committee for this purpose shall be presided over by officer authorized by the SCEA and not by the President as provided in the Bye Laws.
4. In reality reference to Bye Laws is only for the categories of Office Bearers – As per 1984 Model there will be no treasurer and as per all other Models there will be a Treasurer with zero responsibilities.