My society has admitted me as a provisional member after the death of my father. Can I cast a vote in the ensuing meeting of the general body as a provisional member?
-Vineet Singh, Thane
You have been admitted as a provisional member after the death of your father on the basis of nomination in your favour. This is a temporary arrangement till the lawful member is taken on record by the society. As a provisional member you can attend the general body meeting of the society and also exercise your right to vote in accordance with the provisions of sub section (3) Section 154B-11 of the MCS Act, 1960.
Can my co-op society treat me as a non-active member because I am a non-occupant? How will I know if my membership is active or non- active?
-R.B. Joshi, Trombay
The society is required to classify members as active and non-active members based on the fulfilment of the conditions mentioned in Model Bye Law 22(c). You become an active member if you have paid the society maintenance and other charges regularly and have attended at least one general body meeting in the previous consecutive period of five years or your absence in the meetings has been condoned by the general body meeting of the society. You will be treated as a non-active member only if these conditions are not fulfilled. A record of active and non-active members as of March 31 is required to be maintained by each society in Form J1 and J2. You are entitled to receive a communication from the society within a period of 30 days from March 31 stating your membership classification as non-active. You can be reclassified as an active member from the date of compliance of the aforesaid conditions. In case of dispute, you may file an appeal with the Registrar within a period of 60 days from the date of communication from the society.
What is the recourse available to the new managing committee if the retiring chairman is not handing over the charge to the new chairman?
-Philipina Jose, Borivili
It is the statutory responsibility of the retiring chairman to hand over charge of the office of the committee, the records, papers and properties to the new chairman. In case he fails or refuses to handover charge of papers and properties of the society, the new committee may approach the registrar or his deputy who may pass an order directing the retiring chairman to handover charge and/or papers and properties of the society. In case the retiring chairman does not comply with such direction, on conviction he will be liable to be punished with simple imprisonment up to one month or with fine up to Rs5000 or with both. The Registrar may seize the records and property and hand over the same to the new chairman. (Section 160 of Maharashtra Coop Societies Act, 1960).
The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat.
The questions, in brief, may be sent to fpjchs@gmail.com
