Anjali Tiwari
This mail is with reference to the questions and answers seen on indiancooperative.com website. Sir, I am working with acme enterprises, Mumbai and my purpose of writing a mail to you is that my society was got registered in year 2009-10, 4 members resigned at that time and 4 co-opted members joined. Sir, as per old bye laws is adoption of 4 co-opted Member is valid?
I C Naik
It is good to know that many members take interest in their own CHS matters.
My advice to every member of cooperative housing societies having any question about management, please exercise your legal right to peruse or get certified copy of Bye-Laws (Costing around Rupees 100) conferred under section 32 of the M C S Act 1960 reproduced below.
Section 32 – Rights of members to see books, etc.
(1) Every member of a society shall be entitled to inspect, free of cost, at the society’s office during office hours, or any time fixed for the purpose by the society, a copy of the Act, the rules and the by-laws, the last audited annual balance sheet, the profit and loss account, a list of the members of the committee a register of members, the minutes of general meeting, minutes of committee meetings and those portions of the books and records in which his transactions with the society have been recorded.
(2) A society shall furnish to a member, on request in writing and on payment of such fees as may be prescribed there for, a copy of any of the documents mentioned in the foregoing sub-section within one month from the date of payment of such fees.
If you have difficulties in interpretation please narrate your difficulty and you will be in a much better position to solve your questions.
Answer to your question is to be found in Society’s registered bye Laws. Old Bye laws are valid till new one replaces it under amendment procedure.
With effect from 14 2 2013 cooption rule is laid down in a following Proviso to Article 243Zj (2) of the Constitution of India.
“Provided that the board may fill a casual vacancy on the board by nomination out of the same class of members in respect of which the casual vacancy has arisen, if the term of office of the board is less than half of its original term.”
Only Two Committee members can fill co-opt members to fill up vacant seats provided the Committee goes by above Provision. In other cases Rule 74 of New Election Rules applies. Newly set up State Cooperative Election Authority only can handle the cooption.
