Riyaz Shah
1.In our society one member often uses terrace and keeps the keys with him as he stays at top floor and is next to the terrace. During general body meeting we (MC) demanded him to handover the terrace key. He also argued that he has got light connection to the terrace from his flat and so will not handover the key.
2.MC has fixed reasonable charges to the members for occupying and using the terrace for functions but he would not pay up.
3.This member is also not ready to accept the resolution of not keeping one’s belongings such as bicycles at common passage of staircase for safety and cleanliness purpose.
4.This member is also not signing the registers of meeting as attendance of the meeting, whereas others members do sign.
5.This member is not ready to give in writing any compliance to the society’s rules by saying that as this was not done since last 15 years he will not do it now.
6.This member was earlier secretary of the society and never gave any notice to the defaulting members.
Please guide us on the correct course.
I C Naik
This looks like a fit case to move a resolution in the General Body Meeting for expulsion from Membership which also requires prior approval of the Registrar of Cooperative Societies.
The Committee has to take steps with extreme care to get expulsion approved by the Registrar.
1.It is advisable to list out every fault of member in a very simple words by the Secretary.
2.Every member of the Committee must go through the list and approved list be minuted.
3.Copy the minutes of this matter be sent by the Secretary asking member whether he is prepared to make amends to his conduct in about 15 days’ time.
4.If he refuses or does not reply send him a show cause Notice asking him justification as to why his membership should not be terminated?
5.If he still does not behave, send a Notice of the Special General Boy Meeting where a Resolution shall be passed for his expulsion unless the General Body is satisfied and decides to continue his membership. Make it clear that a writeen or oral explanation offered by the defaulting member shall be taken on record of the proceedngs of the meeting while taking a decision.
6.Notice should be displayed on the Notice Baord and also sent to every member.
7.Invite any member who is willing to offer help to defaulting member in defending his case.
8.After Resolution is passed ( voting count should be not mess that three times the number of votes cast by members who do not want to expell the member)
9.Sumit a letter to the Sub-Registrar of your Ward with a copy of Resolution and names of members who voted in favour of expulsion making a request to approve expulsion.