Chairman of cooperative society be public servant.

Adv. karinamishra (Querist) 22 June 2023 This query is : Resolved
Whether Housing Co-operative society chairman secretary are Public servant as defined in clause 20 of section 2 read with section 161of Maharashtra Cooperative Societies Act 1960 within the meaning of section 21 of IPC?

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This discussion examines whether the chairman and secretary of a housing co-operative society are considered public servants according to Indian law. While the Maharashtra Cooperative Societies Act lists various officers deemed public servants, the content suggests that housing society office bearers are not explicitly included. The analysis also references the Prevention of Corruption Act, indicating that housing society officials do not fall under the definition of government servants.

Sudhir Kumar, Advocate (Expert) 22 June 2023
Section 161 of maharashtra cooperative scoeity act

161. Registrar and other officers to be public servants.—
The Registrar, a person exercising the powers of the Registrar, an officer as defined in clause
(20) of section 2, or a person appointed as an Official Assignee under sub-section (2) of
section 21 A, or as an Administrator under section 77A or 78, or a person authorised to seize
books, records or funds of a society under sub-section (3) of section 80, or to audit the
accounts of a society under section 81 or to hold an inquiry under section 83, or to make an
inspection under section 84, or 89A or to make an order under section 88, or a person
appointed as a member constituting a Cooperative Court under section 91A or the Co-
operative Appellate Court under section 149 or a Liquidator under section 103, shall be
deemed to be public servants within the meaning of section 21 of the Indian Penal Code

It nowhere covers housing society office bears.

Section 2(c) of Prevention of corruption Act.

(c) “public servant” means—
(i) any person in the service or pay of the Government or remunerated by the Government by
fees or commission for the performance of any public duty;
(ii) any person in the service or pay of a local authority;
(iii) any person in the service or pay of a corporation established by or under a Central,
Provincial or State Act, or an authority or a body owned or controlled or aided by the
Government or a Government company as defined in section 617 of the Companies Act, 1956
(1 of 1956);
(iv) any Judge, including any person empowered by law to discharge, whether by himself or
as a member of any body of persons, any adjudicatory functions;
(v) any person authorised by a court of justice to perform any duty, in connection with the
administration of justice, including a liquidator, receiver or commissioner appointed by such
court;
(vi) any arbitrator or other person to whom any cause or matter has been referred for decision
or report by a court of justice or by a competent public authority;
(vii) any person who holds an office by virtue of which he is empowered to prepare, publish,
maintain or revise an electoral roll or to conduct an election or part of an election;
(viii) any person who holds an office by virtue of which he is authorised or required to
perform any public duty;
(ix) any person who is the president, secretary or other office-bearer of a registered
co-operative society engaged in agriculture, industry, trade or banking, receiving or having
received any financial aid from the Central Government or a State Government or from any
corporation established by or under a Central, Provincial or State Act, or any authority or body
owned or controlled or aided by the Government or a Government company as defined in section
617 of the Companies Act, 1956 (1 of 1956);
(x) any person who is a chairman, member or employee of any Service Commission or Board,
by whatever name called, or a member of any selection committee appointed by such
Commission or Board for the conduct of any examination or making any selection on behalf of
such Commission or Board;
(xi) any person who is a Vice-Chancellor or member of any governing body, professor,
reader, lecturer or any other teacher or employee, by whatever designation called, of any
University and any person whose services have been availed of by a University or any other
public authority in connection with holding or conducting examinations;
(xii) any person who is an office-bearer or an employee of an educational, scientific, social,
cultural or other institution, in whatever manner established, receiving or having received any
financial assistance from the Central Government or any State Government, or local or other
public authority

It nowhere covers housing society office bears.

kavksatyanarayana (Expert) 22 June 2023
They are not public servants.

T. Kalaiselvan, Advocate (Expert) 24 June 2023
The chairman of the housing society nor the office bearers of the society are coming under the government servant category

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