Committed for Timely Service!

Wednesday 21 November 2018

Co-Operative Housing Society Managing Committee

109.Subjects to the provisions of the Act, the Rules and the Bye-laws of the Society, the final authority of the Society shall vest in its General Body Meeting, summoned in such manner as is specified in these Bye-laws.

The Management of the affairs of the Society shall vest in the Committee duly constituted in accordance with the provisions of the Act, the Rules and the Bye-lawsof the Society.

Subject to the direction given or regulation made by a Meeting of The General Body of the Society, the Committee shall exercise all powers, expressly conferred on it and discharge all functions entrusted to it under the bye-law No. 137.

A Banking Account shall be opened by the Society in the nearest State or District Central Co-op Bank / a Scheduled Bank having awarded “ A “ Audit Class in last three consecutive years, , Nationalised Bank, and in any other mode permitted by general or special order of the State Government, as provided under section 70 of the Act and the account shall be operated upon
and all acquaintances and discharges shall be signed by the Secretary jointly with the Chairman or Treasurer.

The Committee shall consist of *11 / 13 / 15 / 17 / 19 Members of the Society. This strength includes the reservation of seats as provided under section 73B and 73C of the Act. Note: *The strength of the managing committee and strength of the quorum for conducting the meeting would be as under:-

a. Election of all the Members of the Committee shall be held once in 5 years,before the expiry of its term, in accordance with the provisions of Sec 73- CB of the Act and the Rules / procedure framed there under. It shall be the duty of the Committee to intimate to the State Election Authority for holding of its election before expiry of its term. On failure the Committee Members shall cease to hold office after expiry of its term, and attract action by the Registrar under section 77 A.

b. The Committee of the Society may co-opt two “Expert Directors” relating to the objects and activities under taken by the Society..The number of such co-opted Members shall not exceed two in addition to the strength of the committee as provided in bye-laws No. 113., such co-opted Members shall not have the right to vote in any election of the Society in their capacity as such Member or to be eligible to be elected as office bearers of the committee.

c. The Committee of the Society may co-opt two “Functional Directors”, such Members shall be excluded for the purposes of counting the total numbers of the committee and shall have no right to vote.

d. In respect of housing society having contribution of the Government towards its share capital, then the members of the committee shall include two officers of the Government nominated by the State Government, which shall be in addition to the number of members specified as above, and as
provided under section 73 AAA of the Act.

e. The Election of the Society shall be conducted by the State Cooperative Election Authority under section 73CB

No Officer of the Society shall have any interest, directly or indirectly, otherwise than as such officer: 
( a ) In any contract made with the Society.

( b )In any property sold or purchased by the Society. ( c ) In any other transaction of the Society, except as investment made in or loan taken from the Society for provision of residential accommodation by the Society to any paid employee of the Society.

No person shall be eligible for being elected as a Member of the Committee or co-opted on it, if :
a. he / she has been convicted of the offence, involving moral turpitude, unless the period of six years has elapsed since his conviction ;

b. he / has defaults the payment of dues to the Society, within three months from the date of service of notice in writing, served either by hand delivery or by registered post, demanding the payment of dues ;

c. he /she has been held responsible under Section 79 / 88 / 147 of the Act or has been held responsible for the payment of the costs of enquiry under Section 85 of the Act ;

d. In case of an Associate Member, non-submission of the no-objection certificate and undertaking, as prescribed under these bye-laws, by the Member ;

e. he is not an Active Member ;

f. he has without previous permission in writing has sublet his flat or part thereof or given it on leave and license or care taker basis or has parted with its possession in any other manner or has sold his shares and interest in the society.

In a General Election of Members of the Committee of a Society, on the election of two-thirds or more number of Members, the Returning Officer or any other Officer or Authority conducting such election shall within seven days after the declaration of results of the election of such Members, the committee has,
for whatever reason, has not been so far constituted, forward their names together with their permanent addresses to the Registrar, who shall, within fifteen days from the date of receipt thereof by him, publish or cause to be published such names and addresses by affixing a notice on the Notice Board or at any prominent place in his office; and upon Constitution of the Committee such publication, the Committee of the Society shall be deemed to be duly constituted. In determining two-thirds of the number of Members, a fraction shall be ignored.

a. A person shall cease to be the Member of the Committee, if:
i. he has incurred any of the disqualifications mentioned under the byelaw No. 116 or ; ii. he has failed to attend any three consecutive monthly meetings of the Committee, without leave of absence.

b. If a Member of the Committee attracts any of the disqualifications under the bye-law no. 118 (1), the Committee shall record the fact in the minutes of its meeting and the Secretary of the Society shall inform the Member and Registrar accordingly. Such Member shall cease to be the Member of Managing Committee on the order of the Registrar

No Member of the Committee shall be present at the consideration of any matter, in which he is directly or indirectly interested.

The period of office of the Committee elected under the bye-law No. 114(a) shall be for 5 years from the date of assuming the office.

a. The first meeting of the newly elected jointly with outgoing Committee shall be held within 30 days from the date of constitution of the new committee as per bye-law No. 117 and the provisions of Section 73AAA.

b. Subject to the provisions of the bye-law No. 121(a) the Secretary of the outgoing Committee shall issue notice of the first meeting to the Members of the newly elected Committee and the outgoing Committee thereof. On the failure of the Secretary of the outgoing Committee to convene the joint meeting, the Chairman of the outgoing Committee shall call it. On the failure of both, the Registration Authority may call such a meeting.

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