Remove or Disqualify a Society Secretary - MCS Act. 1960

To remove or disqualify a Society Secretary from the managing committee under the Maharashtra Cooperative Societies Act, 1960 (MCS Act, 1960), you must follow a structured process. The steps include both legal compliance and proper execution to avoid future disputes. Here’s a breakdown of the required steps:

•     Steps to Remove/Disqualify the Society Secretary:
   

1. Review the Society Bylaws and MCS Act, 1960
   - Ensure that the society’s bylaws outline the grounds and procedures for the removal of office bearers, including the Secretary.
   - The MCS Act, 1960 allows removal on valid grounds, such as misconduct, negligence, misuse of position, or not fulfilling duties as per the bylaws and the Act.
2. Grounds for Removal/Disqualification
   The grounds may include:
   - Misuse of office or powers.
   - Non-performance or negligence in executing the responsibilities of the Secretary.
   - Non-compliance with the bylaws or provisions of the MCS Act.
   - Conflict of interest or unethical behaviour.
   - Mismanagement of society affairs or finances.
   - Misrepresentation or manipulation of society records.
3. Call a Managing Committee Meeting
   - A managing committee meeting must be convened to discuss the issue. The procedure typically involves giving the Secretary prior notice regarding the meeting agenda.
   - Ensure that the agenda includes a point related to the discussion of the Secretary’s removal.
4. Draft a Resolution for Removal
   - A resolution proposing the removal of the Secretary must be drafted.
   - The resolution should outline the specific reasons or grounds for the removal.
   - The resolution can be proposed by any committee member but needs the support of at least one other member.
5. Voting by Managing Committee
   - In the managing committee meeting, present the resolution for removal.
   - The matter must be put to vote. As per the MCS Act and society bylaws, a majority vote is required to pass the resolution.
   - Typically, a two-thirds majority of the managing committee is needed to approve the removal, but the exact requirement should be verified with the society’s bylaws.
   - The voting can be by a show of hands or secret ballot, depending on the bylaws.
6. Record the Meeting Minutes
   - Document the meeting minutes, clearly stating the reasons for removal, the resolution passed, and the voting outcome.
   - The minutes must be signed by the Chairperson or another authorized committee member.
7. Inform the Registrar of Cooperative Societies
   - After the resolution is passed, formally notify the Registrar of Cooperative Societies about the removal of the Secretary.
   - Provide a copy of the meeting minutes, the resolution, and any other supporting documents.
   - The Registrar may need to verify the process and documentation to ensure the procedure was followed correctly.
8. Appointment of New Secretary
   - Once the Secretary is removed, a new Secretary must be appointed as per the society’s bylaws.
   - This may require a fresh election within the managing committee or nomination of a replacement.
9. Legal Compliance
   - Ensure that all actions are compliant with the MCS Act, 1960 and the society’s bylaws.
   - If the removed Secretary challenges the decision, legal recourse may be required, and documentation of the process followed will be critical.
   
   >> Key Sections of MCS Act, 1960 to Refer:
   - Section 73: Powers and functions of managing committees.
   - Section 78: Power of the Registrar to remove or disqualify managing committee members for misconduct, negligence, or contravention of the MCS Act.
   - Society Bylaws: Details regarding internal procedures, quorum for meetings, and voting.
   
   By following these steps, the managing committee can legally remove or disqualify the Secretary, ensuring compliance with the MCS Act, 1960, and the society’s bylaws.
    

Remove or Disqualify a Society Secretary - MCS Act. 1960