Respected Sir,
Recently our society’s official committee formed a sub committee called Lift Committee. This sub committee is erecting lifts for non lift buildings in our society. The official committee is not taking any kind of responsibility whatsoever i.e. lift erection, maintainance of lifts, payment of electricity bill, inspection of lifts and even if any accident takes place then also the sub committee will be responsible and not the official committee of our society. Moreover the official committee wants the ownership of lifts to be transferred to society’s name but making sub committee responsible for all other responsibilities (such as maintainance of lifts, payment of compensation in case of accidents caused due to lifts).
Can the Official Committee form sub committee or sub committees in Co-operative Housing Society? What is the concept of sub committee? What rights does sub committee have? What role the sub committee is supposed to play? Can sub committee make structural changes to buildings of the society for erection of lifts etc?
What the official committee of our society is doing is legal?
I C Naik
Anything done in the Society the Committee members are jointly and severally responsible. Sub-Committee is not a legal body as per the Act. See the following provision of MCS Act:
Section 73(1AB) The members of the committee shall be jointly and severally responsible for all the decisions taken by the committee during its term relating to the business of the
society. The members of the committee shall be jointly and severally responsible for all the acts and omissions detrimental to the interest of the society.
Provided that, before fixing any responsibility mentioned above, the Registrar shall inspect the records of the society and decide as to whether the losses incurred by the society are on account of acts or omissions on the part of the members of the committee or on account of any natural calamities, accident or any circumstances beyond the control of such members:
Provided further that, any member of the committee, who does not agree with any of the resolution or decision of the committee, may express his dissenting opinion which shall be recorded in the proceedings of the meeting and such member shall not be held responsible for the decision embodied in the said resolution or such acts or omissions committed by the committee of that society as per the said resolution. Such dissenting member, if he so desires, may also communicate in writing his dissenting note to the Registrar within seven fifteendays from the date of the said resolution or decision. Any member, who is not present for the meeting in which the business of the society is transacted, and who has not subsequently confirmed the proceedings of that meeting, such member shall also not be held responsible for any of the business transacted in that meeting of the society.