2 kids policy in housing socieity election

Jasbir Singh (Querist) 03 July 2021 This query is : Resolved
Dear Sir,
Greetings!
My question is on Sec 73CA of MCS Act 1960 (3rd Amendment) 07 Sept, 2001.

Disqualification Clause

[(vii) has more than two children:
Provided that, a person having more than two children on the date of commencement of the Maharashtra Co-operative Societies (Third Amendment) Act, 2001 (hereinafter in this clause referred to as "the date of such commencement"), shall not be disqualified under this clause so long as the number of children he had on the date of such commencement does not increase:

Provided further that, a child or more than one child born in a single delivery within the period of one year from the date of such commencement shall not be taken into consideration for the purpose of disqualification mentioned in this clause.

Explanation. - For the purposes of this clause. -
(a) where a couple has only one child on or after the date of such commencement, any number of children born out of a single subsequent delivery shall be deemed to be one entity;

THIS MEANS AFTER THE GRACE PERIOD OF ONE YEAR FROM THE COMMENCEMNT OF ABOVE RULE, PERSON GETS DISQUALIFY EVEN HE OR SHE HAD MORE THAN ONE KIDS IN SINGLE DELIVERY AND CROSS 2 KIDS LIMITS. ? RIGHT

kindly clarify,
thanks you
regrads

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Quick Summary

This discussion clarifies the application of the two-child policy for housing society elections in Maharashtra, specifically referencing Section 73CA of the MCS Act. It addresses the disqualification clause for members having more than two children. The conversation explains that while there was an initial grace period following the amendment's commencement, subsequent births, even multiple children from a single delivery after the grace period, are considered. However, a key clarification is that if a couple has only one child, any number of children born in a single subsequent delivery are treated as a single entity, thus not incurring disqualification.

P. Venu (Expert) 03 July 2021
What is the context for this query?

T. Kalaiselvan, Advocate (Expert) 04 July 2021
You have rightly understood the meaning or concept of the latest amendment in this context.
Your understanding is right and proper.

Message likes : 1 times

Dr J C Vashista (Expert) 04 July 2021
You are absolutely correct in interpretation of the intention of legislators.

Message likes : 1 times

Jasbir Singh (Querist) 04 July 2021
Thank you, its sure a clarity i was looking for, we have such person in our society occupaying post illegally.

T. Kalaiselvan, Advocate (Expert) 07 July 2021
You are welcome for the appreciations.
You may plan to initiate proper legal steps against the erring person found in the society.

Jasbir Singh (Querist) 08 July 2021
Dear sir,

thanks for your response on my question on subject matter on expert page. Sir, actual situation is, he has 3 kids, one born in 2012 and other 2 as twins in 2015. as i understand grace period is only for one year from the date commencement of amendment in 2001 (i e 07 Sept 2001 to 06 Sept 2002) twins born in this period to be considered as one entity.

And after this grace period of One years if more than one kids born in single delivery will be considered as number of kids not One entity. your response on this will help me seeking more clarity please.

Regards

P. Venu (Expert) 08 July 2021
A dispassionate reading of the provisions of Section 73CA (1)(f)(vii) would reveal that your conclusion is too hasty. The context you have pointed out is taken care by Explanation (a) to the said clause -
Explanation.—For the purposes of this clause,—
(a) where a couple has only one child on or after the date of such commencement, any number of children born out of a single subsequent delivery shall be deemed to be 'one entity'

As such, a person having a single child and he/she is blessed with multiple children in the subsequent delivery incurs no disqualification. It requires no elaboration that any assumption contrary to the explanation goes against common sense.

It may also noted that the provisions of clause 73CA(1)(f) is of limited application in respect of the members of in the case of District Central Co-operative Bank or of the State Co-operative Bank not to all the institutions covered by the Act, Housing Societies included. It is trite that every statute needs to be read as a whole. Selective reading lead to incorrect surmises.

Needless to state, the context of the person having 3 children, as highlighted in your subsequent explanation has incurred no disqualification.

Jasbir Singh (Querist) 08 July 2021
Dear Venu Sir,

what is the logic of mentioning within one year of such commencement.?

Jasbir Singh (Querist) 10 July 2021
Dear P venu sir,

Please clarify One Year concept.

Jasbir Singh (Querist) 12 July 2021
there is similar law on panchyat election, No person shall be a Sarpanch or a Panch of a Gram Panchayat or a member of a Panchayat Samiti or Zilla Parishad or continue as such who xxx xxx xxx xxx xxx xxx (q) has more than two living children: Provided that a person having more than two children on or up to the expiry of One Year of the commencement of this Act, shall not be deemed to be disqualified.

so the explanation is on one year grace period similarly for housing society management committee election.

Any comment from experts please

P. Venu (Expert) 12 July 2021
Which is the law you have cited? Which is the State concerned?

Jasbir Singh (Querist) 12 July 2021
sir i am talking about all laws or rules of Maharashtra state in force on more than 2 kids disqualification baring such members to contest in housing society / Panchyat Samiti / Nagar Council / BMC Election.

Though my concern is more on CHS election.

All laws have amendments on different times. Same language in all laws on grace period of One Year, in which any number of kids born in in single delivery within the period of ONE Years form the date of such commencement is consider one entity.

In my above supplement /additional post on a particular case where a person has no kid on or before of such commencement and not even during one years grace period.

Seven states ( Rajasthan, Andhra Pradesh, Orissa, Maharashtra, Uttarakhand, Gujarat and Bihar)

In all these states, a one-year grace period was allowed after the announcement of the law, during which households could have additional children (making their total number of children more than two) and still remain eligible for Panchayat / cooperative societies elections.

However, for households with two or more children by the end of the respective grace period, having an additional child thereafter led to disqualification.

Any answer to above please , would help gain more clarity.

Jasbir Singh (Querist) 17 July 2021
P Venu Sir,

Any comment on above please ?

P. Venu (Expert) 20 July 2021
It is not understood why you are obsessed with beating a dead horse. Firstly, in terms of the provisions of the MCS Act, two child norm of no application in respect of CHS.

Secondly, is it not elementary that any number of children born to the couple having one child in the first delivery ought to be considered a single entity? Even in the absence of any explanation, the law needs to be read down to this effect.

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Jasbir Singh (Querist) 20 July 2021
let me clear your doubts follow the link below on

Read more at:
https://mumbaimirror.indiatimes.com/mumbai/cover-story/have-more-than-two-kids-you-cannot-be-part-of-your-societys-managing-committee/articleshow/57118745.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

It is very much applicable to CHS at least in Maharashtra

regards

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