Members must pay their dues regularly in order to ensure smooth functioning of their societies examines Adv. R. P. Rathod.

 Do you pay your CHS dues on time?

Adv. R. P. Rathod. emphasis that “It is the duty of every member to pay dues properly & on time for ensuring the smooth functioning of the society.” Generally people living in (Co-operative Housing Society) CHS are well aware of the fact that they are required to pay their regular contributions towards the expenses and expenditure incurred for running the day-to-day affairs of the society. Remember, a CHS is never formed for making profits instead it collects and dis­burses the contributions from its members towards common facilities and services enjoyed by its mem­bers.

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With Membership comes Powers, With Powers comes responsibility, Yet members fail to adhere to their duties

A detailed study on the burning issue of time by Adv. R. P. Rathod.

        When a society member takes up cudgels against the entire Co-operative Housing Society (CHS), refuses to pay dues and poses a veritable nui­sance to other members, you can be assured that the member is capable of going to any extent to ratify his stand, says Adv. R. P. Rathod.

     He explains that there are more than 50,000 CHS in the State and on an average; about 20 to 30 per cent of CHS have mem­bers who are the usual 'trouble-maker' sort. While the degree of trouble they can cause varies from society to society, the nature of the scourge is more or less the same. And, what makes mat­ters worse is that there's poor little by way of legal remedy to the issue. Most problems occur when a member refuses to pay up dues; stalls Repair Jobs; entertains anti-social ele­ments that are usually Land-grabbers, files false complains at Police Stations, files frivolous peti­tions against Co-members and generally stalls regular functioning of the society.

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Section 101 of MCS Act 1960 – Recovery of Dues of Co-operative Housing Societies

Section 101 of MCS Act 1960 provides easy route for Recovery of Dues of society says Adv. R. P. Rathod.

The recovery of dues from the defaulting members of any Housing Society is a thorny task when such unashamed members do not co-operate with the Managing Committee of their Society. They enjoy all the facilities under the laws governing the Societies simultaneously by breaking the laws of Society in the matter of timely payment of their monthly dues.

Earlier, the Co-operative Housing Societies used to proceed against the defaulting member for recovery of dues under Section 101 of the MCS Act, 1960 with full-fledged trial in the Co-operative Court with all the ingredients e.g. cross-examination of witnesses, exhibiting the documentary evidences and their interpretations etc.    

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Admitting a New Member in a Society and the Society’s Rights & duties in this regards

A Chairman of a Housing Co-operative Society called me at 10:00 p.m. just to ask whether a Society has a Right to ask a member to settle all dues before he can be given permission to sell his ownership flat, just because the member was sitting on his head, citing his urgency in the matter said Adv. R. P. Rathod. Actually a member in their society has disputed a certain bill and had said that let the matter be decided by the Court of Law. Now the chairman wanted to know the Rights of the Society not to grant a No Objection Certificate, to a member to sell his flat.

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Section 91 v/s Section 101 of The Maharashtra Co-operative Societies Act 1960 for Recovery of Dues of the society from Defaulters

Co-operative Guru Shri P. Y. Rathod states that the Co-operative movement has been officially functioning in the State of Maharashtra since last 95 years or so. Essentially, the Co-operative movement is based on Co-operation between its members. Unfortunately however, it is human nature to dispute and so disputes are rather commonplace among the members. Thus, the importance of the Maharashtra Co-operative Societies Act 1960 cannot be undermined. It is primarily concerned with the settlement of such disputes.

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