Ridham Desai
I, Ridham Desai, am a resident of a CHS in Malad. I have the following queries:
1) We had the AGM in July 12, whereby we elected the new Managing Committee for a period of 2 years. The strength was decided on the basis of the Bye-laws 114, published in October 1984, which mentioned that for a Society of less than 50 members, the mandatory strength of the Managing Committee is 11 members. As per the new Byelaws, the revised strength is 5 members. Which byelaws should be adopted? In case it is as revised guidelines (5 members) then should the present committee be dissolved? What are the steps to be taken in such a case?
2) How many women members are mandatory as per the revised strength of 5 members?
3) Can two members of the same flat (one flat only)(example husband & wife) be members of the above committee? Assuming the name of both the persons are on the share certificate i.e. joint ownership of flats.
4) We understand that there is a provision for Chairman, Secretary & Treasurer as office bearers. Can there be Joint Secretary and Vice Chairman also? What are the powers of these people?
5) We have constituted a 3 member Redevelopment Committee approved by all the members in the AGM. IS it compulsory for a Secretary to be a member of the Redevelopment Committee?
I C Naik
There are 5 questions about one C H S registered under the M. C. S. Act 1960 with Bye Laws as per 1984 Model.
1. Management Committee strength as per the Bye Law No 114 is only 5.
2. The tenure as per Bye Law No 120 is 3 years. As the Committee was elected in July 2012 its original tenure was till July 2015. Now its term is automatically extended to 5 years from the date of election, i.e. up to July 2017.
3. One woman member in addition to 5 members is mandatory provided the C H S has 1 or more women registered as members.
4. Either an original member or an Associate of such member with permission of the original member can join the Committee but not both at the same time can become members of the managing committee or even cast vote on any matter of the C H S.
5. Redevelopment Committee:
i) As per the Directions of GOVERNMENT OF MAHARASHTRA under circular issued under Section 79(A) of Maharashtra Co-operative Societies Act 1960 the Secretary of the concerned C H S has certain duties to be performed. Important ones are listed below.
ii) On receipt of an application from not less than ¼ members of the Society for redevelopment the Managing Committee should take a note thereof within 8 days and Secretary of the society should convene General Body Meeting of all the members of the society, Agenda of the Meeting should be furnished to each members 14 days prior to the day of meeting and acknowledgement thereof should be kept on record of the society.
iii) As the redevelopment project proceeds number of special general meetings will have to be convened by the Secretary. As such if any Committee is formed whether the Secretary is a member or not, he has a crucial role assigned under this circular which he has an obligations to perform.
