|How to elect new managing committee OR how to co-opt new committee member?
| The state had amended the Maharashtra Co-operative Societies Act, 1960 for the election of Managing Committee of Housing Society. Though the state government has postponed the elections to co-operative societies till the end of 2014, there is no clarity on rules for elections to housing societies. The rules for election to housing societies have to be framed by the State co-operative Election Authority. The election authority will supervise, control and conduct polls to all registered co-operative societies. However, it has not appointed the election authority that is the state co-operative election commissioner so far.
If the Committee is very keen though it may not fit 100% of the required framework, the committee may follow below procedure:
a. In the event of vacancies in the Committee, caused on account of the death, resignation, disqualification or removal of any members of the Committee, by the Registrar, the Committee may fill in such vacancies by co-option on the Committee of any other members eligible to be on the Committee. However, such vacancies by co-option shall not be more than two.
b. The Committee may write to the Deputy Registrar that the tenure of the managing committee ended and seek his guidance to conduct fresh election.
c. In case of resignation of managing committee or the entire committee has been resolved, the committee may write to the Deputy Registrar for their guidance to conduct fresh election. This has got an inherent danger of the Deputy Registrar desolving the committee and appointing an administrator and hence not suitable.
|OUR BALANCE SHEET FOR THE YEAR 2012-13 IS ALREADY FINALISED AND ALSO AUDITED.
MANAGING COMMITTEE HAS CALLED AGM ON 26/05/2013 WITH GIVING 14 DAYS CLEAR NOTICE.
ONE SOCIETY MEMBER HAD RANG UP TO RESCHEDULE IT. THIS SOCIETY MEMBER CAN BRING SOME SIGNATURE OF MEMBERS.
WE WANT YOUR GUIDE LINE WHAT IS THE PROVISIONS IN THE BYE LAWS ?
YOUR GUIDE LINE IS EARNESTLY REQUIRED.
|Bye_Law No 99:
The Committee shall decide the date, time and place of every general body meeting of the society and the business to be transacted thereat, provided that the business to be transacted at the requisitioned special general body meeting shall be only that mentioned in the requisition. The notice convening the general body meeting shall be issued by the Secretary of the Society accordingly as provided in Bye_Law no 163. On his failure to issue thenotice, the Chairman shall issue it.
It is very clear, that the date, time and venue of the AGM can only be decided by the M C and members do not have a say in it.
|What are the steps involved in the recovery of dues under sec-101?
1. Society to issue a Notice to the defaulter and giving him an opportunity to make payment within stipulated time and with a warning therein that on failure of the same, an application would be made to the Registrar under Sec-101 of the MCS Act for the recovery.
2. MC has to pass a resolution for taking such an action.
3. Secretary / Chairman has to make an application to the Registrar of the Co-operative Societies along with necessary documents.
4. Registrar would give hearing to the member and accordingly a certificate will be issued by him to the society.
5. On receipt of the certificate under Sec-101 from Registrar along with other documents, the recovery officer has to prepare demand notice to be sent to sale officer detraining movable property of defaulted member concerned.
6. Sale office on receipt of the recovery papers from the recovery officer has to visit the premises of the member for preparing inventory of the movable property and hand over this list to the member and serve the demand notice on him.
7. If even after serving the demand notice, the amount is not paid by the member, the sale office seizes the movable property of the member as per the inventory and hand over the same to Secretary / Chairman of the society for safe custody.
8. After Sale officer will fix the date, place for such an auction of the movable property seized and auction out the same and pay sale proceeds thereof to the society in satisfaction of the outstanding dues payable by the defaulter member.
9. If the proceeds of the sale of movable property are found to be insufficient to cover the outstanding dues in full, sale officer will proceed by arranging auction of the premises to recover the balance of the dues payable by the member.