By Legal Bureau
As per Sec. 2(7) of the Maharashtra Co-Operative Societies Act, Committee means the Committee of management or board of directors or other directing body, by whatever name called, in which the management of the affairs of a society is vested under section 73.
As per the Bye-law No. 3 (iv), the term “Committee” means the committee of management or other directing body to which management of the affairs of the society is entrusted.
The Chairman, Secretary and Treasurer of the society shall hold office for a period of 5 years from the date on which he is elected. After appointment it is obligatory for the members of the Managing Committee to sign a Indemnity bond and M-20 bond within stipulated period to the effect that they are individually and severally liable for the decision taken by the Society.
The Managing Committee Member can be removed if he becomes a defaulter and if he remains absent in the Managing Committee Meeting.
After completion of tenure, the Managing Committee Member has to prepare list of record and handover the charge to the new Committee. As per Sec. 73-H (2) of the Maharashtra Co-Operative Sicieties Act 1960, the Committee shall cease to function on the expiration of its term.
Sometime after expiration of tenure, the earlier Committee refuses to handover the charge of the records of the Society to the new Managing Committee in such cases the office bearers of the newly elected Committee may request the Chairman and Secretary of the outgoing committee to prepare the list of the inventories and to handover the same to the Chairman of the society.
The office bearers may also write to the Registrar of Co-operative Society. The Registrar may make the necessary inquires and may empower any person on his behalf to receive the charge of the records of the Society. On receipt of a written directive from the Registrar the Ex- Chairman should handover the records. If the Ex-Chairman does not comply with the abovesaid directive then on conviction he can be punished with simple imprisonment which may extend upto one month or with a fine or both.
The Registrar or person authorized by him may also apply to the Executive Magistrate within whose Jurisdiction the society is functioning for seeking and taking possession of the records and property of the society. If the Magistrate is satisfied that immediate action is required then he may authorize any Police Officer above the rank of Sub- Inspector to enter and search any place where the record and property are kept or likely to be kept and to seize them and handover the possession thereof to the Registrar or the person authorized by him as the case may be.
I am an elected member of the new managing committee of our housing society located at Malad, Mumbai. The election was held on 11th Dec’11. We are yet to submit our M-20 bonds. The outgoing managing committee has not yet given us the charge. Request you to kindly assist on my following queries : 1) Within how many days is the outgoing committee supposed to give charge to the new committee & what action the new committee can take if the outgoing committee does not give charge within stipulated time. 2) What will be the implecation on the new managing committee if they don’t take charge within the prescribed time frame. 3) Is it mandatory to submit M-20 bond within 15 days? What are the alternatives if the 15 day period has passed.
I am a secretary.Our building is 20 member Society. very few members are interested to work as a committee member. The committee tenure has expired on 4th Aug’12, we took the election of new committee on the Agenda of AGM to be conducted on 12th Aug’12. the copy of the agenda was circulated on 1st Aug’12. We did not receive either any objection or suggestion from any of the member. The selection of the new committee members was done in the AGM. I called the joint meeting of old and new committee in which one of the member from the newly elected committee raised an objection on the selection of the committee members. he gave a written objection and asked to re elect the managing committee by election. he also asked me to call an SGM for the same.
What should I do as a retiring Secretary? please advise
Dear Sir,
If i purchase a flat or get it trasnfered in my name can i be co opted in Managing committee immediately,
also if any member has get transfered flat in name of his/hers by way of in heritance , can they be co opted in managing committee immediately with voting rights ?
or they will have to wait for 2 years after becoming member of society ?
we have adopted Last By Laws of Co-Op housing society, Mumbai – Maharashtra 2011-2012 ,
we wait for earliest reply, we will be highly obliged for same,
Regards,
Manan Shah
Dear Sir, I am one of the resident of CHS located in Charkop west. Our building is of G+4. The problem is that every monson the lift starting point is shifted from Ground to 1st floor. My flat is on 1st floor and the door attached to lift door. So every time the lift door is close it creat and huge sound and due to closing of lift it bang to our wall. In every monson we face this problem. We request every one to close the lift door slowly also we have complaint to commity but it fell on deft ear. Here i want to know that it is legal to have lift in G+4 floor building. If no than how and whom we can approce to stop the lift or to ristric the useage of lift during this period. We request you to advise on this matter.
Awaiting your reply. Thanks
If secretary and chairman resigens papers of society should be handed to whom.