Shodhan Damle
My name is Shodhan V. Damle, residing at Virar, Maharashtra State. I shall be highly obliged if you could please guide me in the matter.
I am associate member of our registered co-operative housing society. I have been accepted as Associate Member by observing all procedure, i.e. paying entrance fees, N.O.C. from the original member. My name stands second in the Share Certificate issued by the society.
We have one Federation of our complex (Our complex comprises of 8 Co-operative Housing Societies duly registered independently. And the Federation for the complex of 8 societies is also registered independently). Two (2) members from each co-operative Housing Society are elected in their AGM to be the representatives of the Federation. General Body of the Federation is of 16 members.
Guidance is required on following points :
1.Now as the tenure of our Federation is completed on 31.03.2014 and the AGM is also conducted before 30th Sept.2014, We are confused whether we can elect the New Committee (General Body) on our own ?
2.Our Federation has not accepted the new Bye-Laws till date as per the amended Act (Mah. Co-op- HSG. Soc. Act 1961)
3.Can an Associate member file his nomination for the election as per new Act? If Yes, please quote the provision.
4.Can the Outgoing Body handover the Charge to the new Body without conducting election?
5.If handing over of the charge takes place then what action is suggested as per the provisions laid down in the respective Act/Rules etc.
I shall be highly obliged Sir, if you could please guide me in the matter.
I C Naik
Authority to conduct all elections in co-operatives of the State are vested in the State Co-operative Election Authority appointed by the State. All Co-operative Societies have to wait for the Co-operative Election Commissioner (Not appointed by the United Front Government). All Committees having completed 5 year term have to stay put in office till the elections are held.
Associate members has one right as per Section 27(2) of MCS Act 1960 that is to vote in Members’ meeting if Original Member is not present.
Section 24(2) of MCS Act 1961 an associate member, may, have such privileges and rights and be subject to such liabilities of a member, as may be specified in the by-laws of the society.
So for other question consult the Bye -Laws of your Society.
My advice to you is as follows:
1) dont co-opt any member to the committee without taking express permission of the Dy. registrar.
2) since the committee term has already expired pls inform the Pune based Co-op. Election Authority of the expiry of the term and to conduct elections in your Federation / Society.
3)For the past 3 years no one in Mumbai had accepted my views on Associate Membership. Today, after the publication of the new revised model bye-laws i am vindicated. A person, whose name does not figure as the joint owner of the property / flat cannot become associated member of the society.
4) the outgoing committee should continue till the new committee is formed and a letter to that effect should be given to the Dy. and his approval taken, else the committee will be deemed illegal
5) please take the newly published model bye-laws into consideration and not any other bye-law from whatsoever source.
6) Handing over charge is like this. The outgoing secretary calls for a meeting of the new committee. Prior ot this meeting the outgoing secretary compacts all society records and in the said meetig hands it over to the outgoing chairman. The outgoing chairman hands over all the society records to the incoming Chairman.
regards
I am a resident of Powai and is an Associate Member. I have been part of the Adhoc committee for a year. I need clarity.
Q1. Can I be a part of the MC as we are in the process of society formation?
Q2 Also the committee is asking me to be an Expert Director. Can you please clarify that?
Q3 Can a non-owner be an Expert Director?
Hi Ramesh,
I have a similar query, can an associate member who has been admitted at a nominal fee of Rs 100/- stand as a candidate for the MC Elections?