Impact of 97th constitution amendment on mcs act 1961
mohmediqbal
(Querist) 21 August 2013
This query is : Resolved
Even though MCS Act 1960 is amended consequent to 97th Constitutional amendendment,some Housing Societies in Mumbai are still restricting membership on religion basis in view of Supreme Court Judgement of 2005 in Zorastrian Society of Gujarat State wherein only parsis are allowed as members as against the exsisting coop Act. Pl clarify whether present amemdment overrules the above Judgement in all states of India.
mohmediqbal
(Querist) 21 August 2013
Whether Registered Housing Societies under British Coop Housing Societies Act of 1914 can continue their old registered Byelaws even though the above Act is superceded by Maharashtra Coop Housing Society Act of 1960 where there is no saving clause and the above byelaws are in violations of present MCS Act. This querry is consequent to Supreme COurt Order of 2005 in Zorastrian case under Gujrat coop Act,which some Societies in Mumbai under MCS Act are taking advantage and restricting membership on religious basis.
