Query from Servants Goods. Mumbai

Servant goods

Lot of thanks for prompt guidance.

My society of Mumbai Maharashtra is going to carry major work of lacks. Is it necessary to keep this proposal for sanction of General body as per law 137 clause 40 before giving work order?

I C Naik

Any major expenditure proposed by the Committee of a CHS requires approval of members as laid down in Bye laws. Members in General Meeting has to approve an amount the Committee can draw. Expenses exceeding a limit as fixed by General Body require inviting Tenders which are to be opened in general body meeting. However a specific answer depends on provisions in the Society’s registered bye- laws. So I suggest having a look at the same.

My advice is to 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 difficulty in interpretation please narrates your difficulty and you will be in a much better position to solve your questions.

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