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Sunday 5 June 2022

2 kids policy in housing society election | Section 73CA of MCS Act

More than two Children? You cannot be part of your society's Managing Committee u/s 154B-23(1)(v)

As per MCS Amendment ACT 2019, 154B -23 Disqualification of Committee and its Members if having more than 2 kids

There are many confusion among the member of society for two kid policy , member will be disqualified from managing committee if he/she have more than 2 children? This amendment applicable or not? confusion is there because of  ambiguity in 2019 amendment ACT. In page number 3 of MCS Amendment ACT 2019 as mentioned below:

(2) The following provisions of this Act shall not apply to the housing societies, namely :—

Clauses (1)(a) and (b), (2)(a), (b) and (c), (4), (9), (10-aii-1), (10A), (11), (11-A), (12), (14-A), (15), (16-A), (19) (a), (a-1), (b) and (c), (19A),(22), (23) and (25) of section 2, sections 6, 8,11, 16, 18A, 18B, 18C,23(4), 24, 24A, 26, 27, 28, 29, 30, 32, 32A, 39, 44, 44A, 46, 47(1)(a),47(4), 48, 48A, 49, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62(b),63, 69B, 72A, 73(1A)(b), 73A, 73AAA, 73-B, 73CA, 73D, sub-section (1) of section 73ID, sections 74, 78, 90, 101, 110A and sections 111 to 144-1A.

and further under 154B-23 (1)  (v) says, if he incurs any of the disqualification similar to that mentioned in the provisions of clause (vii)(viii), or (ix) of clause (f) sub section (1) of section 73CA. It means 73CA is applicable.

Explanation : 73CA is vast , some of section still applicable in housing society as mentioned with subsection in 154B-23(1)(v) is applicable for disqualification, therefore Section 73CA is applicable in housing society, so if member of society having more than 2 kids is not eligible of election of committee. For more details please read Section 73CA(vii)

Extract from Section 73CA as given below

(vii) has more than two children:

Provided that, a person having more than two children on the date of commencement of the Maharashtra Co-operative Societies (Third Amendment) Act, 2001 (hereinafter in this clause referred to as "the date of such commencement"),shall not be disqualified under this clause so long as the number of children he had on the date of such commencement does not increase:

Provided further that, a child or more than one child born in a single delivery within the period of one year from the date of such commencement shall not be taken into consideration for the purpose of disqualification mentioned in this clause.

Explanation. -- For the purposes of this clause.--

(a) where a couple has only one child on or after the date of such commencement, any number of children born out of a single subsequent delivery shall be deemed to be one entity;

(b) "child" does not include an adopted child or children.

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

Conclusion : If member having more than 2 children is not eligible for member of managing committee. Please refer below deputy registrar order and news paper article for same. 

Deputy Registrar order for 3 childrenHave more than two kids? You cannot be part of your societyPosh housing society secy sacked for having 3 kidsTwo-kid rule in Maharashtra’s housing societies made to promote family planning | Section 73CA of MCS Act | Third child rules for election in Maharashtra | Who cannot become committee member of housing society |section 73 c(a) | 2 kids policy in housing society election

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