Upendra Gaitonde
My Society held a Special General Meeting on 28/04/2013, ostensibly under the DDR’s directive.
No specific Notice or order was received from the DDR that such meeting should be held.
No authentic nodal-byelaws were distributed to the members for their perusal, prior to the meeting.
The Resolution proposing the adoption of the New Byelaws could not get the support of 2/3rd of the majority of the participating members as required under Rule 12 of the M.C.S. Rules, 1961.
Now the Managing Committee has displayed on the Notice Board that the new Bye Laws are applicable “with immediate effect” without serving the Minutes of the Meeting held as aforesaid.
Is the action of the Committee consistent with the law and fair and just? May I challenge the action of the Committee and may take recourse to legal proceedings?
I C Naik
In Maharashtra cooperative societies are in the midst of legislative chaos. Governor promulgated ordinance to amend the M. C. S. Act 1960 twice, effective from 14 2 2013.The office of the Commissioner and Registrar of the State posted incomplete ( without prescribed forms) 2013 Bye Laws by around 22 2013 and shoot letters directing Joint Registrar to make sure that every C H S registered under the M. C. S. Act 1960 adopts them by MAY 31 2003 completing the entire process up to approval by the Dy Registrar by that date as per schedule of events fixed up in that office.
The Mumbai District Cooperative Housing Federation which is the sole copy right holder of printing and supplying official version of Model Bye Laws has no clue about this 2013 Model.
Obviously such overenthusiastic bureaucratic move was bound to fail.
The amendment of Bye Laws is governed by not just Bye Laws but also by the M. C. S. Act 1960 and the M.C.S. Rules 1961.
Without registration of dully approved amendments to Bye Laws in the office of the Registering Authority the amendments have no effect. However, even if Bye Laws are not amended any change in any provision of the registered Bye Laws on account of of any amended provision of the M. C. S. Act 1960 (under Maha Ordinance 2013) is applicable to every cooperative society.
So anything done in your C H S the managing committee will have to bear that in mind. If the managing committee does anything which affects the functioning of the C H S by all means go for legal actions but definitely no need to fight about Bye Laws.