Disqualification of Committee and its Members MCS ACT 154B-23

Who are the disqualified from housing society committee members in Maharashtra? 

Extract of MCS Amendment ACT 2019, here I am going to explain 154B-23

23. (1) Without prejudice to the other provisions of this Act or the rules made thereunder, in relation to the disqualification of being a Member of the Committee, no person shall be eligible to be appointed, nominated, elected, co-opted for being a Member of Committee,—

• if he is a defaulter of any society, or
• if he carries on business of letting, subletting and selling of flats in the housing society of  which he is a Member, or
• if he has been held responsible under section 79, 88,154 B-8(2) or 154B-27 or for payment of cost of enquiry under section 85, or
• if he has incurred any disqualification under this Act or the rules made thereunder, or
• if he incurs any of the disqualification similar to that mentioned in the provisions of clause (vii), (viii) or (ix) of clause (f) of sub-section (1) of section 73CA.

(2) A Member, who has incurred any disqualification under sub-section (1), shall cease to be a Member of Committee and his seat shall thereupon be deemed to be vacant.

(3) A Member of a Committee who has ceased to be a Member thereof, on account of having incurred disqualification under clause (ii), (iii), (iv) or (v) of sub-section (1), shall not be eligible to be re-elected, re-co-opted or re-nominated as a Member of Committee for five years from the date on which he or she has so ceased to be a Member of the Committee.

(4) A Member of a Committee who has ceased to be a Member thereof, on account of having incurred disqualification other than disqualifications, referred to in sub-section (3), shall, unless otherwise specifically provided in this Act, be eligible to be re-elected, re-co-opted or re-nominated as a Member of Committee as soon as such disqualification ceases to exist.

Have more than two kids? You cannot be part of your society

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