Can a shop owner’s son take-over?

Rajesh Bhadoria

I want to know, in our society, one of our shop owner’s sons want to be the secretary of our building. Sir, please suggest us, is it possible, that can he take charge in society?

 

I C Naik

It is really nice to hear that next generation is keen to lead the cooperative. We must find the way for them. There are several options to induct Shop-Owner Member’s son into management of housing society.

“Secretary” of the Society is an elected office bearer from out of the elected members of the Committee as every Committee is required to elect three office bearers in its first meeting after election. Secretary’s position it is an important position of responsibility under Cooperative Societies Act.

1.The Shop owner’s son has to become a member of the Society. One way is that the Shop-Owner resigns and transfers the shop to his Son, who will be admitted to the membership of the Society After that he contests the election to the managing committee. Since Elections are not likely to be held soon (as the head of new SCEA is not appointed).

2.After that if the Committee is keen to take his services as Secretary one vacancy should be created by resignation of a member of the Committee. He can be co-opted to fill the casual vacancy, but one condition is that your Committee must have completed at least 2.5 years in office.

3.There is another route also wherein the Shop Owner applies the Committee to admit his son as Associate Member of the Committee. Here it is necessary that your Bye-Laws provide for Associate member becoming a member of the Committee. Then after completing formalities he can be co-opted to fill a casual vacancy. The Committee can appoint him as Secretary if that position is also vacant.

4.The Constitution ( 97th Amendment ) Act 2011  has with a view to professionalize management in cooperative societies asked the States to make law to permit the Societies to make appointment of Two Expert members on the Committee who are expert in Finance, Legal or in the business of the Society. There is another position called “functional Committee member”  an Employee Member of the Committee who may be called CEO (Chief Executive Officer) or COO (Chief Operating Officer) a member of  the managing committee but position of Hon. Secretary will have to be  also there who may delegate substantial powers to CEO. This option is available today.

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