Stanley Mathias
I have the following questions and shall be great full if you could enlighten me.
Can the maximum number of co-opted members exceed two? If yes under what rule of the model by law. We are a Society with 39 members.
Can a member of the managing committee (say Secretary or Chairman) who has resigned and has been released of his duties after acceptance withdraw the resignation after a lapse of 3/4 months and continue to function?
Should a representative of the Registrar be present at AGM’s under the new amendments to the bye-law?
I C Naik
Assumption: Mr Mathias lives in cooperative housing society registered in the State of Maharashtra.
1.Cooption of one Functional member (in employment of the Society ) is permissible in cooperative society having less than 17 Committee Members under Proviso to Section 73AAA(1) of the M C S Act 1960 ; “Provided further that, the committee may, in case of the committee having not more than seventeen members nominate a person as a functional director; and in case of the committees having more than seventeen members and not more than twenty-one members may nominate such number of functional directors not exceeding two;”
2.Resignation once accepted in accordance with the due procedure, does not remain an open issue which can be closed or opened up at a later date.
Existing Bye Laws registered on the basis of any Model says has this requirement namely that “In case of the annual general body meeting, 14 clear day’ notice and in the case of the special general body meeting, 5 clear day’s notice of the meeting shall be given to all the members of the society, under intimation to the Registering Authority” A question, should a representative of the Registrar be present at AGM rests with in the Registering Authority to decide.