I am a regular reader of your ans to our queries. Many thanks for your guidance.
Our 38 member CHS is in Pune & was registered in 1989. We adopted 2009 bye laws in AGM held in May 2011 and in the same AGM new MC of 5 members was elected (selected) unanimously. We are up-to-date in following society bye laws about yearly audited balance sheets, AGMs, MC elections etc. But the only drawback is number of meetings of MC. Present MC has held about 10 MC meetings during last 30 months.
Two members of MC resigned within a year and two members (including myself) were co-opted immediately. Both of us resigned in March 2014 & two new members were co-opted. One of them resigned in August 2015. Since then the MC is of 4 members only.(3 elected + 1 co-opted). I was a MC member in previous tenure also.
The three elected members are chairman, secretory and cashier. In first week of this month the cashier has gone abroad and will return by end October 2016.
The term of this present MC ended on 31st March 2016. Up till now, the MC has not informed Dy. Registrar about holding election.
We have NOT adopted bye laws 2014.
I seek your guidance on following :
1.Do we need to follow new election rules& procedure? Strength of new MC?
2.Since midJune’16, for MC meetings, the strength of the MC is 3 (2+1 co-opted). Are their decisions legally valid?
3.What should be done first- EGM for election of MC or EGM to discuss the revised offer from the selected developer for redevelopment or AGM for approval of balance sheet? [Balance sheet of FY 2015-16 is not yet ready. The developer was selected in July’13, by properly following guide lines of bye laws. Everything was finalized in EGM held on 30th Aug’15. But subsequently due to revision in TDR policy & upcoming new DCR Pune, registering the agreement was not done.]
4.Is it mandatory to register society ‘online’?
5.Is it mandatory to send audited balance sheet to Dy Registrar via e-mail?
Hope you will do the needful,
I C Naik
M.M .Subhedar has one critical issue of constituting the management committee as the current one ( of 4/5 members in 38 Member CHS) has completed its 5 year term in May. The Committee ought to have written to SCEA in Report E2 before end on November 2015 informing of the last date of the tenure of the the management committee. Casual vacancies should be filled up even at this stage. There should be two women members if women are there on membership register.
File E2 Report. Pick it up from the Maharashtra Co-operative Societies ( Election to Committee) Rules, 2014: https://consumerresourcesin.files.wordpress.com/2014/10/election_rules_final.pdf
Wait for communication on election date which SCEA is supposed to send to the Society. For strength of the the management committee what has come to light is the Deputy Registrars seem to mistakenly believe that all housing societies must follow 2014 Model bye-laws even if their registered bye laws are based on any previous Model. As per Bye law No 114 housing societies having membership strength of lower than 100 must have the management committee of 11 members composed off :
1.Reserved Categories:
2.Women 2
3.SC/ST 1
4.OBC 1
5.VJ/NT/SBC 1
6.GENERAL CATEGORY 6
7.QUORUM 6
The MCS Act U/S 73AAA + 273B and 273 C provides that the strength of the management committee shall be as fixed in the bye-laws subject to maximum of 21 and in which two seats must be reserved for women and one each for 3 casts as stated above. The Deputy Registrar’s authorized officer will prepare a Notice convening special general body meeting with an agenda to elect by show of hands new 11 members as stated above. If you have no women members or the members belonging to the three casts he will ignore that and will bring down your Committee strength to 6. Even if you have members in reserved categories but they do not come forward to contest or agree to be nominated then also the seats will be reduced to 6. All these are wrong:
Correct legal position is every Housing society’s management committee must be of total number as fixed under its registered bye laws and with in that if it has two or more women in its main membership register two seats are for women to contest or get nominated. If it has SC/ST members the Constitution of India requires States to mandated Cooperative Societies to reserve one seat for them. Requirement of two more reservations is unconstitutional.
If you are interested to understand the confusion go through the following post carefully
So what do you do. Go by them. Do not argue with the officer. He is executing instructions and has no scope to act after hearing your arguments.
REDEVELOPMENT IS ON HOLD.