Members : Their Rights, Responsibilties and liabilities

                                                                    Part 9

v     Statutory Provisions For Expulsion Of A Member

A member of a Co-operative Housing Society is expected to follows the provisions of the Maharashtra Co-operative Societies Act, 1960, the Maharashtra Co-operative Societies Rules 1961, the Bye-laws of the society, the Regulations made there under and the resolutions passed by the managing committee and the general meeting from time to time. A member While making an application for membership of the society undertakes to abide by the Bye-laws of the society and the Regulation made thereunder. In case a member of the society contravenes the provisions made provision of the Maharashtra Co-operative Societies Act, the Maharashtra Co-operative Societies Rules, the Bye-laws of the society, the Regulations made there under and the resolutions of the managing committee or the general meeting, the working of the entire society is disturbed. In order to deal with a member of a Co-operative housing society who contravenes the provisions of the Act, the Rules, the Bye-laws of the society, the Regulations made thereunder and who acts in a manner detrimental to the interest of the society and its members, Section 35 of the Maharashtra Co-operative Society Act, Rules 28 and 29 of the Maharashtra C-operative Societies Rule and Bye-law No. 51 of the Bye-laws of the society provide for expelling such a member from the membership of the society. The relevant provisions of the Act, the Rules and the Bye-laws dealing with the expulsion are reproduced below for ready reference.

ü      Section 35(1) of the Maharashtra Co-operative Societies Act, 1960

A society may, by a resolution passed by a majority of not less than 3/4^th of the members entitled to vote who were present at the general meeting held for the purpose, expel a member for acts which are detrimental to the interest or proper working of the society:

Provided that no resolution shall be valid unless the member concerned is given an opportunity of representing his case to the general body and no resolution shall be effective unless it is approved by the Registrar.

ü      Section 35(2) of the Maharashtra Co-operative Societies Act, 1960

No member of a society who has been expelled under the foregoing sub-section shall be eligible for readmission as a member of that society or for admission as a member of any other society for a period of one year from the date of such expulsion:

Provided that the Registration may on an application by the society and in special circumstances, sanction readmission within the said period, of any such member of the said society or of any other society, as the case may be.

ü      Rule 28 of the Maharashtra Co-operative Societies Rules, 1961

Any member who has been persistently defaulting payment of his dues or has been failing to comply with the provision of the Bye-laws in connection with his dealings with society or who, in the opinion of the committee, has brought disrepute to the society or has done other acts detrimental to the interest or proper working of the society may, in accordance with the provisions of sub-Section (1) of Section 35 be expelled from the society. Expulsion from membership may involve forfeiture of shares held by the member.