Mahesh Khanna
Can a Society levy hefty penalty on a member? What are the documents that the member should demand from the society having levied the hefty penalty?
I C Naik
Depending on the Model Bye Laws registered by your Society Rules on Penalty for breach of Bye Laws by a member can be levied. 2009 Model has a Bye Law reading as under: 166.
The meeting of the general body of the society may prescribe penalties for different breaches of the bye-laws of the society. The Secretary of the society, under instructions from the Committee, shall bring to the notice of the member concerned, the breach/breaches of the bye-law/bye-laws committed by him.
If the member persists on continuing the breach/breaches, the Committee shall give the notice to the member to show cause as to why the penalty should not be inflicted on him for breach/breaches of the bye-law/bye-laws. The general body meeting, after considering the say of the member and after giving him hearing, may levy penalty at the rate fixed by the meeting of the general body of the society,maximum penalty of Rs 1000/-
Any penalty which has not been levied in total compliance of this Bye Law is not enforceable and is illegal. A member who is illegally penalized should file a complaint and follow the procedure as per Bye Law Nos 173-175 F (c) a. Levy of excess fine, by the Managing Committee for act of the member which is in violation of Bye-laws.