We have a Hsg.soc. at Malad,Mumbai, Mahrashtra having 84 members. ( D-Group ). We have not adopted a New Bye Laws published by the Coop.Commr, Pune in the year 2014 till today. As per amendement in the coop.Act, Coop.Rules, and the Election Rules,the New Byelaws have been prepered. I have some doubt in implementation of the provision in the Bye Laws. I request you to kindly explain.
1)As per New Bye Laws, the provision of Active and Non Active members have been introduced. Before Election our society has to publish the names of the Active/Non Active members, If they do not published the same, what is to be done ? It is applicable to all Hsg.societies. The election of the society is likely to be declared.
2)There is another provision reg. Associate Member. ( Joint member ) whose name has been entered Second in the Share Certificate as co-owner,Whether he/she can contest the Election of the Hsg.Society, if the First member permits and if he/she is elected become a office bearer or otherwise ?
3)What is the right of the Associate members whose names have been entered in share certificat after paying Rs. 100/- as membership fees.Whether they can also contest the Election of otherwise ? and also attend the General Body /Spl.Gen.Body meetings of the society and take part in it and vote in any matter.
4)In the New Bye Laws No. 127 ( ii ) it is mentioned the following:
In case of emergency, the Committee may place a resolution and get the same passed by the Committee Members. However, the same be placed before the next immediate meeting. Please clerify, so that I can understand.
5)If any member candidate who is not elected to work on the Committee, then he/she can be co-opted in the Committee in near future. What is the provision.
6)In the Model Bye-Laws 2014 , Byel-Laws No. 156 ( a ), the provision has been reg. expenditure on the repairs and maintenance of the soicety.
The committee shall be competent to incur expenditure on the repairs and maintenance of the society’s property once in a financial year, the one time expenditure does not exceed
Upto 25 members .. ..Rs. 25000/-,
26 to 50 members .. ..Rs. 50000/- and
51 and above .. .. ..Rs. 100000/-
The limit is for a Financial Year. If any committee has made expenditure for Rs. 4,00,000/- in a financial year for the repairing purpose without calling the tenders, taking the advantage of the above provision ( Rs. 100000/-, Rs.100000/-,Rs. 100000/-and Rs. 100000/- ), is it permissible under this bye law.?
7)The Secretary is not providing the copies of some of the documents as mentioned in the Bye Laws No. 170 eventhough the Dy.Registrar’s orders. What is to be done? And how the copies of documents be obtained from the society.
8)If the committee is not making agreement with the contractors reg. repairing the of the society’s premises and not deducting the amount of TDS from the payment made to the contractors. What is the remedy ?
I C Naik
- In case of the first election after amendment all members are entitled to vote. Active member concept will apply to subsequent elections.
- Section 24(2) permits societies to specify the tights of main members which can be exercised by Associate. So find out from bye laws registered by your C H S if Associate is conferred with such right.
- Associate can attend G B M if main member is absent. He can express his views on any business as also vote. For any other right see 2 above.
- What is the difficulty im this?
- The MCS Act 1960 doea not allow the Committee to fill up casual vacancy but as per the Constitution after half the term of M C cooption of a member is permissible.
- Since Model 2014 is not adopted you have to continue old practice as per your bye laws.
- File a complaint with the Dy Registear.
- For not decudting TDS Income tax department will yake steps. As member do not worry.