Housing Society Bye-laws are the rules and regulations laid down for the proper and peaceful running of the co-operative housing societies. Co-operative society bye-laws are approved by the government authorities and are formed with the intention to help the societies self-regulate themselves.
Model Bye–Laws of Cooperative Housing Society
VIII. RESPONSIBILITIES AND LIABILITIES OF MEMBERS
(B) Expulsion of a Member (Bye Law No 49 to 54)
Bye Law No 49. Grounds on which a Member could be expelled
A Member may be expelled from the. Membership of the Society, if such a Member
| a. | has persistently failed to pay the charges due to the Society, |
| b. | has willfully deceived the Society by giving false information, |
| c. | has used his flat for immoral purposes or misused it for illegal purposes habitually, |
| d. | has been in the habit of committing breaches of any of the provisions of the byelaws of the Society, which, in the opinion of the Committee, . are of serious nature, |
| e. | has furnished false information or omitted to furnish the material information to the Registering Authority at the time of registration of the Society. |
| f. | A Non-Active Member who does not attend at least one meeting of the general body in next five years from the date of classification as Non Active Member. |
Bye Law No 50(a) Procedure for expulsion of a Member
The cases of expulsion from the Membership of the Society shall be dealt with in the manner provided under Section 35 of the Act, read with Rule 28 and 29 of MSCS Rules.
The Maharashtra Cooperative Societies Rule 1961
Chapter III – Members and their rights and liabilities
Section 35 – Expulsion of members
(1) A society may, by resolution passed by a majority of not less than three-fourths] of the members entitled to vote who are present at a general meeting held for the purpose expel a member for acts which are detrimental to the interest or proper working of the society:
Provided that, no resolution shall be valid, unless the member concerned is given the opportunity of representing his case to the general body, and no resolution shall be effective unless it is approved by the Registrar.
(2) No member of a society who has been expelled under the foregoing subsection shall be eligible for re-admission as a member of that society, or for admission as a member of any other society, for a period of one year from the date of such expulsion:
Provided that, the Registrar may, on an application by the society and in special circumstances, sanction the re-admission or admission, within the said period, of any such member as a member of the said society or of any other society, as the case may be.
The Maharashtra Cooperative Societies Rule 1961
Chapter III – Members and their rights and liabilities
Rule No 28. Expulsion of Members
Any member who has been persistently defaulting payment of his dues or has been failing to comply with the provisions of the by-laws regarding sales of his produce through the society, or other matters in connection with his dealings with the society or who, in the opinion of the committee, has brought disrepute to the society or has done other acts detrimental to the interest or proper working of the society may, in accordance with the provisions of sub-section (i) of Section 35, be expelled from the society. Expulsion from membership may involve forfeiture of shares held by the member.
Rule No 29. Procedure for expulsion of members
(1) Where any member of a society proposes to bring a resolution for expulsion of any other member, he shall give a written notice thereof to the Chairman of the society. On receipt of notice or when the committee itself decides to bring in such resolution, the consideration of such resolution shall be included in the agenda for the next general meeting and a notice thereof shall be given to the member against whom such resolution is proposed to be brought, calling upon him to be present at the general meeting to be held not earlier than a period of one month from the date of such notice and to show cause against expulsion to the general body of members. After hearing the member, if present, or after taking into consideration any written representation which he might have sent, the general body of members shall proceed to consider the resolution.
(2) When a resolution passed in accordance with sub-rule is sent to the Registrar or otherwise brought to his notice, the Registrar may consider the resolution and after making such enquiries as he may deem fit, give his approval and communicate the same to the society and the member concerned. The resolution shall be effective from the date of such approval.
Bye Law No 50(b) Forfeiture of shares of the expelled member
Expulsion from Membership may involve forfeiture of the shares held by the Member. Where the Committee decides that expulsions from Membership should also involve forfeiture of the shares, it shall make necessary reference to the proposed forfeiture of the shares in the notice to be issued under Rule 29 of the Rules.
Bye Law No 51. Effect of expulsion on membership of the society
The Member, duly expelled from Membership of the Society, shall cease to be the Member of the Society, with effect from the date on which the resolution of expulsion from the Membership of the Society is approved by the Registering Authority’. The forfeiture of shares may take effect simultaneously with expulsion. Handing over vacant possession of the flat by the expelled Member.
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