Your Housing Problems & Solutions
Managing Committee
Position for Spouse
Q: Can husband/wife hold position in managing committee of CHS together?
A: If husband and wife hold one flat, then any one can hold the position in the Managing Committee (MC). However, if both hold one flat each (hold two flats in your society), then both of them can contest the election, and if elected both of them can hold the post in the MC.
If both of them are holding one flat, and both of them are MC members, then for their irregularities in holding the position in the MC, make a complaint to Deputy Registrar of Co-operative Societies of your area, under the Byelaw No.174(A)(xxii), asking him to take an action against the irregularly elected committee members.
If no action is taken by Deputy Registrar within 30 days of your complaint to him, then make an RTI Complaint, to Information Officer (IO) of Deputy Registrar (DR), asking IO to give you the information on action taken by DR on your complaint letter to DR. Simultaneously make a Lokshahi Din Complaint to District Collector, against DR, for his inaction on your complaint. Collector will take your complaint's hearing on first Monday of the month, in his office, and pass the order to DR, asking DR to take action on your complaint to DR.
Rule Restricting Position in Managing Committee Q: Is there any rule restricting members having 3 kids in holding a position in the MC?
A: There is a bar on contesting for Managing Committee election, if contestant has three or more children, on or after July 1, 2000. If they have their third child born before July 1, 2000, then there is no restriction to contest the election. Regarding GR of this three children restriction to contest Society's election, you can get it from Maharashtra Government Co-operative Election Authority, Pune, on Tel 020 2605 0641 or by email, on IDs: comscea.pune@maharashtra.gov.in and secscea.pune@maharashtra.gov.in
Restriction of Entry for Delivery Executives
Q: My CHS has passed a resolution to stop delivery executives from delivering food to our flats after 11pm. I have had multiple communications with the chairman and have mentioned that it is not feasible for us to visit the gate to collect my deliveries. Can the society pass such a resolution and stop delivery executives at the gate? We also have an app that we use, ‘MyGate’ to check entry on visitors! How do I go about resolving this? A: I believe that there is a watchman at the gate of your Society's building all 24 hours of a day. Even CCTV must be there in your Society's premises, with a proper monitor.
Even with these security services, if your society puts restriction on entry of delivery boy during night time, then under Bye-law No. 174(A)(xxii) make a complaint to Deputy Registrar of Cooperative Societies of your area.
You can also make a complaint to Local Police Station, under Byelaw No. 174(E)(iii).
At both the places, you have to do follow up, by reminder letter, RTI to Information Officer of concerned Office, and Lokshahi Din Complaint to District Collector, to get you the reply and action from these offices.
Auctioning Unclaimed Items in the CHS
Q: Can members pass a resolution in the SGM to sell old bicycles parked in society basement, in case members fail to dispose it within stipulated time.
A: Society can auction or dispose it off, anything which is useless, lying unclaimed by any member of the society for a long time, after giving notice to all the members to claim or remove such obstacles from Society's common premises.
Fund so obtained should go to the
society's education fund.
For your queries, if you need any Maharashtra Co-operative Societies Act to refer, then kindly visit following Maharashtra Government websites: www.mahasahakar.maharashatra.gov.in or www.sahakarayukt.maharashtra.gov.in. Answers provided by experts of Moneylife Foundation.