What is the remedy available to the members if the Managing Committee of a cooperative society is not collecting the Non Occupancy Charges from the members who have let out their flats?
It was unanimously decided in meeting to collect n.o.c. but the secretary is reluctant to execute the decision. What legal course can be taken?
I C Naik
Section 73(1AB) of MCS Act helps you to identify what you can do.Extract from this Section
(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:
so you think Secretary is not collecting due NOC then he should pay himself. Write to the Dy Registrar of your Ward with copy to District Deputy Registrar about this matter.