3 child policy is not applicable for hsg society

Umesh Athani (Querist) 10 December 2022 This query is : Resolved
this is the amendment on 9th March 2019.
MAHARASHTRA ORDINANCE No. IX OF 2019.
(2) The following provisions of this Act shall not apply to the housing
societies, namely
69B, 72A, 73B(4), 73(1A)(b), 73A, 73AAA, 73CA, 73D, sub-section
(1) of section 73ID, sections 74, 78, 101 and sections 111 to 144-1A.

plz give clarification on this as per this amendment it shows that 3child policy is not applicable for hsg society

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This discussion clarifies that the '3-child policy' is generally not applicable to housing societies in Maharashtra. While an amendment (Ordinance No. IX of 2019) excluded certain provisions from applying to housing societies, a closer reading suggests the policy's restriction on holding managing committee posts is not universally applied to all housing society members. Therefore, a member with three children, born after 2002, is likely eligible to contest for a managing committee position.

kavksatyanarayana (Expert) 10 December 2022
There is no such rule of the 3 child policy that is not applicable to Housing Society.

Umesh Athani (Querist) 11 December 2022
can a member who have 3 children can hold a managing committee post

plz refer 9-3-2019 gr

this is the amendment on 9th March 2019. MAHARASHTRA ORDINANCE No. IX OF 2019. (2) The following provisions of this Act shall not apply to the housing societies, namely 69B, 72A, 73B(4), 73(1A)(b), 73A, 73AAA, 73CA, 73D, sub-section (1) of section 73ID, sections 74, 78, 101 and sections 111 to 144-1A.

Dr J C Vashista (Expert) 11 December 2022
Which Act has been amended referred by you?

What is your problem / concern / locus standi to the amended provisions of the Act ?

It would be appropriate to consult and engage a local prudent lawyer for better appreciation of facts / document and professional advise, if you have any genuine problem i.e., it is not a time pass query .

Umesh Athani (Querist) 11 December 2022
Sir ji
my problem is I have 3 children all after 2002 can I contest for managing committee post ?

I heard that there is a amendment done Maharashtra government by ordinance of 9-3-2019 that "3child policy is not applicable for housing society"

P. Venu (Expert) 16 December 2022
Yes, 3 child policy is not applicable to Housing Societies. A dispassionate reading of the provisions of Section 73CA (1)(f)(vii) would reveal that it 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. Sometime back, there was some discussion on this subject, of course, in a different context. Please see the thread https://www.lawyersclubindia.com/experts/2-kids-policy-in-housing-socieity-election-733881.asp

As such, to my knowledge, you are eligible to contest the elections.

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