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Tabrez Shaikh   08 March 2022

Section 73ca with regards to maharashtra ordinance no ix of 2019.

Can someone guide on Maharashtra Ordinance No IX of 2019 regarding Section 73ca. Is the same applicable to Housing Societies or it has been excluded for Housing societies.

In the ordinance under Chapter XIII-B -> 154B -> Part 2 it is mentioned the following provisions of this act shall not apply to the housing societies and Clause 73CA is mentioned in it.

Does this mean that more than 2 child restriction for contesting is now not applicable for housing societies elections.



Learning

 5 Replies

G.L.N. Prasad (Retired employee.)     09 March 2022

Get Authentic clarification on record by securing such information under RTI online from Registrar of Societies with Rs.10/- RTI fee.

Information solicited:

1. Please provide me the certified copy of the order/notification that states restrictions/bar on contesting in elections of Housing Societies by parents who are having more than 2 children.

P. Venu (Advocate)     09 March 2022

Section 8 of the said Ordinance [Maharashtra Co-operative Societies (Amendment) Ordinance, 2019] provides that provisions of Section 73 ca are not applicable to Housing Socieities-

 

8. After section 154A of the principal Act, the following CHAPTER shall be inserted, namely :—

CHAPTER XIII-B

CO-OPERATIVE HOUSING SOCIETIES

154B. (1) The following provisions of this Act shall apply mutatis mutandis to the housing societies, namely :

— Section 1, clauses (5), (6), (7), (8), (10), (10-ai), (10-aii), (10-aiii), (13), (14), (16), (17), (18), (20-A), (21), (24), (26), (27), (28), (29), (29A) and (31) of section 2, sections 3, 3A, 4, 5, 7, 9, 10, 12, 13, 14, 15, 17, 18, 19, 20, 20A, 21, 21A, 22, sub-sections (1), (2) and (3) of section 23, sections 25, 25A, 31, 33, 34, 35, 36, 37, 38, 40, 41, 42, except proviso of sub-section (1) of section 43, section 45 and sub-sections (1)(b), (2) and (3) of section 47, section 50, clauses (a) (c), (d) and (e) of section 62, sections 64, 65, 66, 67, 68, 69, 70, 71, 71A, 72, 73, sub-sections (2) to (7) of section 73ID, except sub-section (4) of section 73B, sections 73C, 73CB, 73CC, 73F, 73I, 75, 76, 77, 77A, 78A, sub-sections, (1), (1A), (1B), (2), (3) and (4) of section 79, sections 79A, 79AA, 80, 81 to 89A, 91 to 100, 102 to 110, 145 to 148A, 149 to 154, 154A and 155 to 168. 

(2) The following provisions of this Act shall not apply to the housing societies, namely :—

Clauses (1)(a) and (b), (2)(a), (b) and (c), (4), (9), (10-aii-1), (10A), (11), (11-A), (12), (14-A), (15), (16-A), (19) (a), (a-1), (b) and (c) (19A), (22), (23) and (25) of section 2, sections 6, 8,11, 16, 18A, 18B, 18C, 23(4), 24, 24A, 28, 29, 32, 32A, 39, 44, 44A, 46, 47(1)(a), 47(4), 48, 48A, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62(b), 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

2 Like

G.L.N. Prasad (Retired employee.)     09 March 2022

This is the real contribution to the forum Mr.Venu and you certainly deserve high appreciation for the prompt and detailed guidance to the query.

Tabrez Shaikh   10 March 2022

Sir thank you very much foryour prompt reply.

We have MC elections in our society and couple of members had submitted this ordinance to be society that henceforth we can contest the elections. 

The Chairman and Election officer has send us General Guidelines stating as per provision of New Maharashtra Co-operative Societies (Electio to Committee) (Amnedment) Rule 2019 issued on 7/4/2021 members having more than 2 children are not allowed to contest election.

Sir can you revert if this is correct whatwhat does current rule mention. 

Regards.

G.L.N. Prasad (Retired employee.)     10 March 2022

Presuming all this you were advised to file online RTI for getting authentic clarification from the same dept.,


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