Amit Mittal
I have a query regarding my co-operative society which is in Kharghar, Maharashtra, Navi Mumbai.
I am acting as a Secretary in my CHS which is 7 Year old with 84 members, we managing Committee doing last of work in past 2 year and transparency into the system. I have 3 Queries.
1.As new elections are due, 5-6 members raise the objection that managing committee will not take any major decision till the new managing committee is not formed, as they are having some personal issues. Is there any law in society act?
2.Can AGM decision overruled in SGM?
3.Building Painting Fund: In last AGM (30-Sep-2014) decided to raise the fund (Around 14 Lakh Rs) for the building painting and process are final to finalize by managing committee to finalize the Vendor
- Calling various quotations, Short listing of quotation, Interview with the vendor ,Finalize 2 vendor and , Visit their side (past they have worked).
After that we will call SGM and introduced vendor with all the member and vendor resolve their query, also we will distribute the various quotations among the members for the transparency.
b.Some members want to have open discussion with 4 vendors and like a bidding system and as per them managing committee have no rights to final the vendor
c.Which is against the AGM and want to bypass managing committee process by calling SGM
d.Managing Committee has all the rights to pass quotation or they have to take SGM approval by bidding .
I C Naik
Some committees have received such advisories from Dy Registrar about “care taker committee” a concept foreign to MCS Act and need not be followed. The Registrar has no power as State Legislature has inserting Subsection 15 in New Section 73CB has given extension to the retiring Committee till 31 12 2013 and that was further extended by State Legislature on 20th December 2014 to 31-12- 2014.
Any decision of the General Body cannot be re-discussed n the General Body meeting unless six months have expired after the decision.
Tenders are to be opened in General Body Meeting unless the project is of amount for which tender process has been waived by members in General Meeting.
Open discussion with the Vendors is not a healthy practice and is not in consonance with business ethics.
