Please guide on the following points.
1) What are the duties and responsibilities of the treasurer in a Co op.housing society. Nothing has been mentioned in the Model Bye-Laws.
2) Is it necessary that the leave licensee in a hsg.soc. become a Nominal Member , as per new amendment made in co op.soc.act.1960.
3) In Co- op.hsg.soc.a Hon. Secretary is unable to attend each and every monthly meeting of the Managing Cimmittee, because of his official duties, My question is, whether we can amend the bye-laws and create a new post as joint Secretary.? So that problem will be solved.
I C Naik
Model bye laws are not applicable till they are not registered by a CHS as its bye laws adopted by members to be their society’s bye Laws.
Office bearers can be entrusted any responsibility of the Society by resolution of the Meeting of the Management Committee except those duties which are entrusted under the MCS Act 1960, the MCR 1961 or under the Society’s the registered bye laws.
For instance bye-law no 139 of Model 1984 lists out functions of the Honorary Secretary of the concerned Housing Society which includes
“18.To finalise account of the society in the required manner 145(a).”
Bye-law No 145 (a) reads:
(a) Within 45 days of the close of every co-operative year, the Secretary of the society or any other person, authorized by the Committee in that behalf, shall finalise the accounts of the preceding co-operative year, prepare the Receipts and Payments Statement, the Income and Expenditure Statement for the said year and the Balance Sheet as at the close of the said year in the forms prescribed under Rule 62(1) of the Rules, along with the list of members, as at the close of the preceding co-operative year, with amounts to their credit in the share capital account and deposits, if any, the schedules of investments, the debtors, the creditors, the furniture, the fixtures and the office equipment etc.
This bye-law allows the Management Committee to entrust this task to other than the Honorary Secretary say the Treasurer.
Bye-law No 113(A) provides“the account shall be operated upon and all acquittances and discharges shall be signed by the Secretary jointly with the Chairman or any member of the managing committee who is authorized for signing jointly with the Secretary of the society.
Unless this provision is modified by amending bye-law 113(A) Treasurer can not replace the Honorary Secretary.
In Section 2 of the MCS Act 1960 Clause (c) reads as“nominal member” means a person admitted to membership as such after registrationin accordance with the by-laws;
Model bye-laws 2014 has significantly pruned the provisions on sub-letting of flats in Cooperative Housing Societies.
Bye-law No 20 however provides :”A sublettee, a licensee, a care-taker, or occupant who is eligible to be a Nominal Member andwho shall apply through Member for such Membership in the prescribed form applicable, along with entrance fee of Rs. 100/- may be admitted as Nominal Member by the Committee.”
Bye-law No 136(Model 2014), provides for the absence of the Honorary Secretary in the meeting of the Management Committee:See the text below:
“The Secretary of the Society shall attend every meeting of the committee and record its minutes and place the 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 the Chairman of the Society shall make alternate arrangement for recording minutes of the meeting.
Bye-laws may be amended to create a new office bear’s position.