Maharashtra Cooperative Societies Act

Women, be a part of your building’s affairs

The 97th Amendment to the Maharashtra Cooperative Societies Act 1960 now provides two seats for women on their building’s society’s Board.

by Krishnaraj Rao

Two seats will be reserved for women on the Board of every co-operative housing society, as per the 97th Constitutional Amendment, the amended Maharashtra Co-operative Societies Act 1960 and the newly-announced model bye-laws. So far, in the housing societies of Maharashtra, there was only one reserved seat for women, and that mandate was usually ignored. Now, with the State Co-operative Election Authority supervising elections, it will be impossible to ignore this mandate.

The moot question is: will these reserved seats be filled up with ‘Rabridevis’ i.e. women who take orders from their menfolk, and who are dummy candidates of dominating males? Or will the housewives and working women of Mumbai use this opportunity to take their rightful place at the helm of housing societies, so that women’s interests are safeguarded?

It makes good sense that housewives especially should actively participate in the affairs of the building society. After all, they are most affected by the quality of upkeep of buildings, water supply, sanitation etc., as they spend a major part of their day at home.

What prevents housewives from participating in discussions at meetings? Often, it is a lack of confidence. They don’t have the confidence because they feel, or are, ignorant of the laws and rules governing their building. It is time women learnt that they are legally mandated to participate in their building’s administrative matters, and stand for elections.

An interesting aside:

The Maharashtra Societies Welfare Association (MSWA) has organised a three-hour orientation programme specifically for women who wish to participate in governance of their societies, by availing of the reserved seats (and general category seats also if they wish). With some experience, they can also occupy the paid posts of ‘functional directors’ and ‘expert directors’ as defined in the amended MCS Act.

The orientation programme is slated for Wednesday, May 1, at MSWA, A-2/302, Laram Centre, opposite Platform 6, Andheri West, Mumbai, from 4 pm to 7 pm. A registration fee of Rs 400 per person will be charged, or Rs 300 per person for two or more women from the same building. Contact Vishal Bamne on 98239 11027 or 022-42551414 for details.

(Picture courtesy wikimapia.org. Image used for representational purpose only)

How housing society rules are set to change

A 12-step guide to understanding the 97th Amendment to the Maharashtra Co-operative Societies Act, 1960, which was promulgated very recently.

by Krishnaraj Rao

On February 14, 2013, the Maharashtra Co-operative Societies (MCS) Act 1960 was amended vide an ordinance. The impact of this will be felt immediately by co-operative housing societies across the city and State.

This change was mandated by the 97th Constitutional Amendment, which was at various stages of process since 2006.

In the months to come, we will have to hold many meetings in the neighbourhoods of our city to ensure that people understand what the amendments in the MCS Act requires of them, what it mandates them to do, and how it empowers them.

In case you don’t know what the Amendment means to you in the context of your housing society, understand that the following norms are to be practiced from now on:

1. Empowers active members. Non-serious participants cannot participate in decision-making.

2. Power to expel dormant members or compel them to become active is given to co-operative societies.

3. No administrators can be appointed for most co-op societies. Instead, active members will function as ‘authorised officer’ or ‘interim committee.

4. Regular education and training to groom fresh leaders through Apex Co-operatives.

5. No more ignorant MC members. Managing Committee must attend regular training at least once in five years.

6. Stop washing dirty linen in co-op court. Resolve internal differences through Grievance Redressal Committee.

7. Co-op court to encourage win-win compromise, and discourage litigation. This will reduce clutter of neighbour-to-neighbour conflicts, and let co-op court focus on important cases.

8. Mandate and power to get professionals’ help for CHS management. Adopt modern methods of management, record keeping etc.

9. Strengthen audit function. It will be the duty of auditors, Registrar etc. to pinpoint responsibility for fraud and register FIRs. Also, it will be mandatory for auditor to present audit findings including irregularities in every AGM. If they don’t, auditors will be disqualified.

10. Realistic penalties for offences. Fine and prison sentences have been substantially increased.

11. Disqualification of errant MC members is now very easy, and much more long-lasting. Disqualified MC members will be debarred for contesting for five years.

12. State Election Authority to monitor elections closely. No more bullying by a small clique retaining power by token elections.

All this and much more is there to make co-operatives truly participative democracies… but we have to act, educate co-op. society members and let them know about their new rights.

Krishnaraj Rao is an activist.

(Picture courtesy timesofindia.com)