Xl. MANAGEMENT OF THE AFFAIRS OF THE SOCIETY
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111
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Subject to the provisions of the MCS Act 1960, the MCS Rules
1961 and the Bye- laws of the society, the final authority of the society
shall vest in its general body meeting, summoned in such manner as specified
in these bye-laws.
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112
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The Management of the affairs of the society shall vest in the
Committee duly constituted in accordance with the provisions of the MCS Act
1960, the Rules 1961 and the Bye-laws of the society.
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113
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Subject to the direction given or regulation made by a meeting
of the general body of the society, the Committee shall exercise all powers
expressly conferred on it and discharge all functions entrusted to it under
the bye-law No. 139.
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114
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A Banking Account shall be opened by the society in the
nearest State or District Central Co-op. Bank or its branch or in any
scheduled co-op Bank. If account is to be opened in Nationalized Bank, then
prior permission of registering authority shall be necessary and the account
shall be operated upon and all acquittances and discharges shall signed by
the Secretary jointly with the Chairman or treasurer. After account is
opened, it should be informed to that effect to the Registrar within 15 days.
However, investment in long term should be made in the District Central
Co-operative Bank only.
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115
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The committee shall
consist of 5*17/9/11 members of the society. This strength includes the
reservation of seats for women members provided under Section 73 BBB of the
Act.
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Note:
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The strength of the managing committee and strength of the
quorum for conducting the meeting would be as under:
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No. of Members
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Strength of the M.G.
General Women
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Total
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Quorum in
M.C.
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Up to 50
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4
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1
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5
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3
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51 to 100
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6
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1
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7
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4
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101 to 300
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8
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1
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9
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5
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301 and above
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9
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2
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11
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6
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Strike out which is not required.
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116
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(a)
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Election of all the members of the committee shall be held
once in 5 years, in accordance with the Election Regulation annexed hereto
(Vide Annexure III). The retiring members of the Committee shall be eligible
for re-election. If the paid up share capital is more than Rs. 10000/- then
the voting shall be done by secret ballot.
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(b)
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In the event of receipt of inadequate valid nominations,
required to constitute the full committee, the General Body at its meeting
shall fill in the vacancies by election. On the failure of the general body
meeting to elect the required number of members to constitute the committee,
the elected members of the committee shall be competent to fill in the same
by co-option whether they form the quorum or not, notwithstanding the
provisions of the bye-law No. 127 regarding the quorum.
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117
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No Officer of the society shall have any interest, directly or
indirectly otherwise than as such officer:
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(a)
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in any contract made
with the society;
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(b)
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in any property sold or purchased by the society;
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(c)
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in any other transaction of the society, except as investment
made in or loan taken from the society for provision of residential
accommodation by the society to any paid employee of the society.
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118
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No person shall be eligible for being elected as member of the
Committee or co-opted on it, if:
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(i)
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He has been convicted
of the offence, involving moral turpitude, unless the period of six years has
elapsed since his conviction;
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(ii)
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he defaults the payment of dues of the society, within three
months from the date of service of notice in writing, served either by hand
delivery or by post (under certificate of posting), demanding the payment of
dues;
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(iii)
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he has been responsible under Section 79 or 88 of the MCS Act
1960 or has been held responsible for the payment of the costs of enquiry
under Section 85 of the MCS Act 1960;
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(iv)
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he has without the previous permission of the society, in
writing, sublet his flat or part thereof or given it on leave and license or
care-taker basis or has parted with its possession in any other manner or has
sold his shares and interest in the society.
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(v)
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in case of an associate member, non-submission of the
no-objection certificate and undertaking, as prescribed under these bye-laws,
by the member.
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(vi)
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he is declared as ineligible as per the provisions of the
Maharashtra Co-operative Societies Act, 1960 and Rules, 1961.
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119
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In
a general election of members, of the committee of the society on the
election of two-thirds or more number of members, the returning officer or
any other officer or authority conducting such election shall within seven
days after the declaration of results of the election of such members, or
where such election is held before the date of commencement of the
Maharashtra Co-operative Societies (Second Amendment) Act, 1966 (Mah.XXXVII
of 1986), and such number of members have been elected but the committee has,
for whatever reasons, not been so far constituted, forward their names
together with their permanent address to the Registrar, who shall, within fifteen days from the date of receipt
thereof by him, publish or cause to be published such names and addresses by
affixing a notice on the Notice Board or at any prominent place in his
office, and upon such publication the committee of the society shall be
deemed to be duly constituted in determining two-thirds of the number of
members, a fraction shall be ignored.
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120
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(1)
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A person shall cease to be the member of the committee, if:
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(a)
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he
has incurred any of the disqualifications mentioned under the bye-law No. 118
or;
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(b)
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he
has failed to attend any three consecutive monthly meetings of the committee,
without leave of absence.
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(2)
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If
a member of the committee attracts any of the disqualification under the
bye-law No. 120(1), the committee shall record the fact in the minutes of its
meeting and the Secretary of the Society shall inform the member and
Registrar accordingly. Such member shall cease to be the member of managing
committee on the order of the Registrar.
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121
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No member of the
committee shall be present at the consideration of any matter, in which he is
directly or indirectly interested.
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122
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The period of office of
the committee elected under the bye-law No.116 (a) shall be for 5 years.
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123
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(a) The first meeting of
the newly elected and outgoing committee shall be held within 30 days from
the date of constitution of the new committee as per bye-law No. 119. (b) Subject to the provisions of
the bye-law No.123 (a) the Secretary of the outgoing committee shall issue
notice of the first meetings of the newly elected committee and the outgoing
committee to the members thereof. On failure of the Secretary of the outgoing
committee to convene the said meeting, the chairman of the outgoing committee
shall call it. On the failure of both, the Registering Authority may call
such a meeting.
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124
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All records of the society shall be kept at
its premises, convenient to the Secretary, with the approval of the committee
of the society.
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125
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When the new committee is elected, the Secretary of the
outgoing committee shall prepare the list of papers and property of the
society in his custody and hand over the charge thereof to the outgoing
Chairman. The retiring Chairman shall hand over the charge of the office of
the Committee and all papers and property of the society, in his possession
to the chairman of the new Committee, as per provisions contained in Section
160 of the MCS Act. 1960.
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Note:
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The word 'paper' used in this bye-law and any other bye-law
shall mean all or any items mentioned in the bye-law Nos. 142 and 143.
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126
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(a)
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Every Committee, at its first meeting, after its election,
shall elect a Chairman, Secretary and Treasurer from amongst the members of
the Committee.
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(b)
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The Chairman, Secretary and Treasurer of the society shall
hold office for the period of 5 years from the date on which he is elected to
be the Chairman or as the case may be by the Secretary and Treasurer, but not
beyond the expiry of term of the Committee.
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Provided that he shall cease to be the Chairman, or as the
case may be the Secretary or Treasurer of the society, if the motion of 'No
confidence' is moved in the special meeting of the Committee called, and
presided by the Registrar or such officer not below the rank of a Assistant
Registrar, upon the notice given by 1/3rd members of the Committee and the
motion of 'No Confidence' is passed by 3/4th members present at such meeting,
having attendance of at least 2/3rd members of the Committee, who are
entitled to vote at the election of such Chairman, Secretary and Treasurer.
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Provided further that another motion of 'No Confidence' shall
not be brought against the Chairman or as the case may be the Secretary or
Treasurer of the society unless the period of 6 months has elapsed from the
date of preceding motion of the 'No Confidence'.
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127
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The quorum for a Committee Meeting shall be 3/4/5/6 members of
the committee. It shall not be competent for the committee to transact any
business unless there is the quorum at the time of consideration of every
item on the agenda of the meeting of the Committee.
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128
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(1)
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The Committee shall meet as
often as necessary but at least once in a month
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(2)
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In case of emergency,
the Committee may place a resolutions and get the same passed by the
Committee Members, however the same be placed before the next immediate
meeting.
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129
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In the event of
vacancies in the Committee, caused on account of the death resignation,
disqualification or removal of any members of the committee, by the
Registrar, the Committee may fill in such vacancies by co-option on the
Committee of any other members eligible to be on the Committee, irrespective
of fact whether there is the quorum or not, not withstanding anything
contained in the Bye-law No. 127. However, such vacancies by co-option shall
not be more than two and that too with the prior permission of the registering authority.
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130
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The Period of office
of the co-opted member of the committee shall be co- terminus with tenure of
office of the committee.
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131
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A member of the committee may, by a letter, addressed to the
Chairman of the Society, resign his membership of the committee. The
resignation shall be effective from the date it is accepted by the committee
or on expiry of the period of one month from the dale of the receipt of the
letter of resignation by the Chairman or the Secretary of the society,
whichever is earlier.
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132
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(a)
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The Chairman of the society may resign
his office as Chairman by a letter addressed to the Secretary of the society.
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(b)
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The Secretary or Treasurer of the
society may resign his office as Secretary or Treasurer by a letter addressed
to the Chairman of the society.
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(c)
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Chairman/ Secretary/ Treasurer's
resignation will be effective only after its acceptance and handing over the
charge of the newly elected Chairman/ Secretary/ Treasurer, as the case may
be.
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(d)
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The Committee may accept the
resignation of the office Chairman/ Secretary/ Treasurer only after it is
satisfied that the Chairman or as the case may be the Secretary or Treasurer
of the society has brought up to date the work entrusted to him and has
produced the entire papers and property of the society in his possession
before the committee.
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(e)
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In case entire committee intends to resign, the resignation of
the committee shall be placed before the general body and such resignations
shall be effective from the date of acceptance of such resignations by the
General Body. The committee shall continue in office till alternate
arrangement is made for the management of the society.
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133
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The Secretary of the society shall
give 3 clear days notice of every meetings of the committee to all the
members of the committee, which shall state the date, time and place of the
meeting and the business to be transacted thereat, in consultation with the
Chairman of the society. Where the secretary of the society fails to issue
such a notice and agenda of any meeting of the committee, the Chairman of the
society shall issue it. If the Chairman and the Secretary of the society fail
to issue a notice and agenda of any meeting of the committee the concerned
Housing Federation, of which society is affiliated on its receipt of such
information may call such a meeting.
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134
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The chairman of the society shall preside over all the
meetings of the committee, provided that if at any meeting of the committee,
he is absent, those members of the committee present shall elect one of them
to be the chairman, for that occasion, who shall preside over the meeting.
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135
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Every member of the Committee shall have one vote. However in
case of equality of votes, the chairman of the meeting will have a second or
casting vote. All decisions shall be taken by majority of vote.
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136
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On a requisition by 1/3rd of the
members of the Committee, the Secretary of the Society shall convene a
special meeting of the committee within 7 days of the date of receipt of the
requisition to discuss the matters mentioned in the requisition. On the
failure of the Secretary of the society to convene such a meeting, within the
time stipulated, the procedure laid down under the bye-law No. 133 shall be
followed.
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137
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The Secretary of the society shall attend every meeting of the
committee and record its minutes and place same for confirmation before the
next meeting of the committee, after the minutes are signed by the Secretary
of the society and the Chairman of the meeting. In the absence of the
Secretary of the Society, the Chairman of the society shall make alternate
arrangements for recording minutes of the meeting.
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138
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The members of the Committee shall be jointly and severally
liable for making good any loss, which the society may suffer on account of
their negligence or omission to perform any of the duties and functions cast
on them under the MCS Act 1960, MCS Rules 1961 and the bye-laws of the
society.
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139
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Subject to the bye-law 113 the Committee shall exercise the
powers and discharge the functions and duties as mentioned hereunder:
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Sr. No.
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Items
of the Power, functions and duties
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The
bye-law No.
under
which the powers, function or duty fails
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(1)
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(2)
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(3)
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1.
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To consider
acceptance of deposits from members and
raising of funds
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11
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2.
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To consider and recommend to the meeting of the general body,
the rates of contribution of the Repairs and Maintenance Fund and Sinking
Fund.
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13(a) and 13(c)
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3.
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To consider all matters relating to the
creation, investment and utilisation of the Repairs and
Maintenance Fund, Reserve
Fund and Sinking Fund.
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12(i) and (ii),
14(a), (b) and (c),15
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4.
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To consider and decide the resignation
received from members, associate members
& nominal members.
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27 to 30
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5.
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To ensure that, nominations and revocations thereof are
recorded in the minutes of the meetings of the committee.
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33
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6.
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To take action on the report of the Secretary on Inspection of
the Flats.
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48(b)
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7.
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To take action on cases of cessation of membership, including
associate and nominal membership.
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61
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8.
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To consider and decide the applications for various purposes
received by the society.
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65
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9.
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To consider and decide cases of refund of shares and interest
in the capital/ property of the society where the shares and interest in the
capital/ property are acquired by the society.
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66
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10.
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To fix the rate of insurance premium in respect of commercial use of flats.
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69(a)(xi)
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11.
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To fix in respect of every flat the society's charges on the basis of the proportion laid down
under the bye-law 69(a).
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69(b)
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12.
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To review the position of recovery of the charges due to the society from members and to
initiate action against defaulting members
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71
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13.
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To verify compliance of the
provisions relating to charging of interest
in defaulted charges of the society
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72
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14.
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To authorise a member of the Committee to attest deed of
conveyance, share certificates and any other documents to which the seal of the society is
affixed.
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74
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15.
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To issue letters of allotment of flats to those who have
purchased flats from the Promoter (Builder).
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76(a)
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16.
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To make available papers of the society for perusal if asked for
by the members.
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32 and 27
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17.
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To ensure holding of every annual meeting of the general body within the prescribed period.
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95
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18.
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To ensure that all matters required to be considered at an annual
meeting of the general body are kept on the agenda of the meeting
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96
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19.
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To call a special meeting of the general body when required.
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97
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20.
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To arrange for election of a new Committee prior to the expiry
of the period of the existing committee.
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116(a)
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21.
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To ensure that after elections new committee is duly constituted.
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119
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22.
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To elect officer-bearers of the society
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126(a)
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23.
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To ensure that a meeting of the committee is held once in a month
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128
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24.
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To fill in vacancies of the Committee
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129
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25.
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To consider resignation of a member of the Committee.
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131
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26.
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To consider resignation of an office bearer of the society.
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132(c)(d)
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27.
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To obtain securities from the paid employees of the society.
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148
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28.
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To approve the audit rectification reports of statutory and
internal audits arid to forward them to the authorities concerned.
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154
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29.
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To execute deed of conveyance of the land and building/
buildings thereon.
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155(b)
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30.
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To take steps to maintain the property of the society in good
condition and to carry out repairs to it and renewals hereof.
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156 and 159
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31.
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To insure the property of the society.
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161
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32.
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To suggest to the general body meeting the rates of penalties
for, breaches of bye-laws and to issue show cause notices.
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166
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33.
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To regulate operation of the lift of the society.
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168
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34.
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To suggest to the meeting of the general body the games to be
allowed to be played in the compound of the society.
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169
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35.
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To consider and decide any other matters provided under the
MCS Act 1960, the MCS Rules 1961 and the Bye-laws of the society, but not
expressly indicated hereinabove.
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36.
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To regulate parking in the society.
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73 to 85
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37.
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To ensure that the society is affiliated to Housing Federation
and its subscription is regularly paid.
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6
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38.
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To take the decision on the complaint application in the
Managing Committee Meeting and inform the concerned member of its decision
accordingly
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174
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39.
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To enter into contract with the Architect of the society
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158(f)
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40.
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To scrutinise the tenders, received for construction work and
to submit the same along with committee’s report to the meeting of the
General Body and to enter into contract with the contractor.
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158(i)
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140
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The Chairman of the society shall have the power of overall
superintendence control and guidance in respect of management of the affairs
of the society within the frame-work of the MCS Act 1960, MCS Rules 1961, the
Rules and the bye- laws of the society. In case of any emergency, the
Chairman of the society may be competent to exercise any of the powers of the
Committee. However, while doing so he shall record the reasons thereof in
writing. Any decision, so taken by the chairman of the society shall, be got
ratified in the next meeting of the Committee.
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141
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The functions of the secretary of the society shall be those
mentioned below.
|
Sr. No.
|
Items
of the functions
|
Bye-law
No. under which it fails
|
(1)
|
(2)
|
(3)
|
1.
|
To issue share certificate to members within the stipulated
period and the prescribed manner
|
9 and 10
|
2.
|
To deal with resignations from member including associate and
nominal members
|
27to 30
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3.
|
To enter nominations and revocations thereof in the Nomination
Register.
|
33
|
4.
|
To inspect the property of the society
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48(a)
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5.
|
To issue notices regarding repairs to be carried out in flats.
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48(b)(c)
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6.
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To deal with cases of expulsion of members
|
51 to 56
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7.
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To deal with cases of cessation of membership, including
associate and nominal membership.
|
61
|
8.
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To deal with the applications for various purposes received by
the society.
|
65
|
9.
|
To prepare and issue
demand notices/ bills for payment of the society's charges.
|
70
|
10.
|
To bring cases of defaults in payment of the society's charges
to the notice of the committee.
|
71
|
11.
|
To issue letter of allotment of flats.
|
76(a)
|
12.
|
To issue notices and agenda of all meetings of the general
body.
|
99
|
13.
|
To record the minutes of all the meetings of the general body.
|
109
|
14.
|
To call the first meeting of the newly constituted committee.
|
123(b)
|
15.
|
To issue notices of all the meetings of the committee.
|
133
|
16.
|
To attend meetings of the Committee and to record minutes
thereof.
|
137
|
17.
|
To maintain account
books, register and other records, unless otherwise decided by the committee.
|
144
|
18.
|
To finalise account of the society in the required manner.
|
147(a)
|
19.
|
To produce records of the society before different authorities
concerned with the working of the society with the consent of the Chairman.
|
153
|
20.
|
To prepare the audit rectification reports in respect of audit
memos received from the Statutory and Internal Auditors.
|
154
|
21.
|
To bring breaches of the bye-laws by the members of their
notices under instructions from the committee
|
166
|
22.
|
To discharge such other functions under the MCS Act 1960, the
MCS Rules 1961 and the Bye-laws of the society and directions of the
Committee and the general body meetings, as are not expressly mentioned
hereinabove
|
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23.
|
To place the complaint application with facts, before the
Committee, in the coming meeting.
|
174
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