Within the confines of a cooperative housing society, maintaining a sense of integrity and adherence to regulations is paramount for a harmonious living environment. However, there are circumstances outlined in the Model Bye-Laws of Cooperative Housing Society in India where a member may face expulsion from the society’s membership or committee.
GROUNDS FOR EXPULSION (Bye Law No 49)
The Bye-Laws clearly stipulate several grounds on which a member could face expulsion:
- Persistent Non-Payment: Failure to pay dues owed to the society.
- Deception: Willfully providing false information to the society.
- Immoral or Illegal Use of Property: Habitual misuse of the property for immoral or illegal purposes.
- Serious Breaches of By-Laws: Repeatedly violating significant provisions of the society’s by-laws.
- False Information to Registering Authority: Furnishing false information or omitting material details during the society’s registration.
- Non-Active Membership: Not attending at least one general body meeting within five years of being classified as a Non-Active Member.
EXPULSION PROCEDURE (Bye Law No 50(a))
The process for expelling a member from the society is outlined in Section 35 of the Act, in conjunction with Rules 28 and 29 of MSCS Rules. The steps involved in the expulsion process are crucial to ensuring fairness and procedural integrity:
- Initiation of Proceedings: The Committee initiates proceedings against the member who is allegedly in violation of the aforementioned grounds.
- Due Process: The member facing expulsion must be given a fair chance to present their case and defend themselves against the allegations.
- Committee Decision: The Committee evaluates the evidence presented and decides whether the grounds for expulsion are substantiated.
- Compliance with Regulatory Framework: Throughout this process, adherence to the guidelines and rules specified by the Act and MSCS Rules is imperative.
- Decision Notification: If the Committee decides in favor of expulsion, the member is formally notified of the decision and the reasons behind it.
UPHOLDING INTEGRITY AND RESPONSIBILITY
Expelling a member from a housing society is a serious action taken to maintain the integrity of the community. It serves as a deterrent against actions that compromise the welfare of the society or its members.
By having clear grounds and a defined procedure for expulsion, the housing society ensures that decisions regarding expulsion are made in a transparent, fair, and legally compliant manner.
It’s essential for all members of a housing society to be aware of these guidelines, as adherence to them not only fosters a respectful and compliant community but also upholds the values and integrity upon which the society was established.