Q. Can GPay be an option for monthly maintenance bills
VN Vijayan, Mulund
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A. Bye laws provide that any payment above Rs1,500 has to be made by crossed cheque. However, with the changing times making online payment through NEFT and IMPS is also acceptable. GPay provides for payment by scanning the QR code, through the mobile number, and by providing bank account details. The society can accept payments made through GPay using the option of bank account. The amount will directly get credited to the bank account of the society. Alternately, the society can provide a QR code of its bank account, enabling members to make the payment through GPay. The general body should decide whether it wishes to make such a facility available.
Q. Our society has 36 members and elections are due. How many members are required to be elected? I am told that the DDR is required to be present during the election process and that reserve category seats are not required for our society. Is this correct?
Ninad Sule, Santacruz
A. Since the number of members in your society is fewer than 50, only seven members are required to be elected to constitute the managing committee, in accordance with the notifications issued by the government on February 2. The requirement to elect members from reserve category does not apply to your society as per the latest government notification dated February 27. As regards election process, your society falls under Type E. It has to appoint a returning officer who is a member of the society but not desirous to contest the election.
Alternately the society can appoint a returning officer from the panel of the returning officers approved by the state cooperative election authority available with the divisional joint registrar. The appointment of the RO must be 60 days before the expiry of the tenure of the existing managing committee. It is the responsibility of the RO to conduct the elections and remain present at the AGM. Please refer to Rule 75 of the MCS (Election to Committee) for more details.
Q. Can an associate member contest election and hold the office of chairman, secretary or treasurer?
Nandita Kulkarni, Ghatkopar
A. Associate member includes a close relationships like husband, wife, son, daughter, mother, father, mother-in-law, father-inlaw, brother-in-law, sisterin-law, etc, whose name does not stand in the share certificate. Associate member is entitled to exercise the rights provided under the MCS Act, rules and bye laws. The associate member has a right to contest the election to the managing committee with prior written consent of the original member. Any action contemplated against the original member will be applicable to the associate member too.
Earlier there was a provision in the MCS Rules (56M) that an associate member can cast his vote, participate in the election, but cannot be an office bearer if his name appears in the register of associate members. However, this rule was deleted in 2014. Hence there seems no prohibition on the associate member to be appointed as an office bearer.
The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat. The questions, in brief, may be sent to fpjchs@gmail.com
