Tuesday, 30 July 2019

Role and Responsibility of Housing Society Committee Members

Role and Responsibility of housing society committee members as per Bye-laws MCS Act 1960.
In practice,we have found many society's committee do not know their role so it would help to society committee members.As per bye-laws we should take responsibilities which defined in bye-laws to keep our self safe if any legal issue happened.So Bye-Laws no. 137,138 & 139 explained here in details role and responsibilities of committee members.

137.Subject to the bye - law 111 the Committee shall exercise the powers and discharge the functions and duties as mentioned hereunder.
Responsibility of housing society committee members
1.To consider acceptance of deposits from Members and raising of funds.
2.To consider and recommend to the meeting of the general body, the rates of contribution.
3.To consider all matter relating to the creation, investment and utilization of the Repairs & maintenance, Reserve Fund and Sinking Fund.
4.To consider and decide the resignations received form Member, Associate Members & Nominal Members.
5.To ensure that nomination and revocations thereof are recorded in the minutes of the committee.
6.To take action on the report of the Secretary on inspection of the Flats.
7.To take action on cases of cessation of Membership, including associate and nominal Membership.
8.To consider and decide the applications for various purposes received by the Society.
9.To Consider and decide cases of refund of shares and interest in the capital/ property of the Society where the shares and interest
  in the capital / property are acquired by the Society.
10.To fix the rate of insurance premium in respect of commercial use of flats.
11.To fix in respect of every flat the Society's charges on the basis of the proportion laid down under the bye-law 69 (a).
12.To review the position of recovery of the charges due to the Society from Members and to initiate action against defaulted charges of the Society.
13.To verify compliance of the provisions relating to charging of interest in defaulted charges of the Society.
14.To authorize a Member of the Committee to attest deed of conveyance, share certificates and any other documents to which the seal of the Society is affixed.
15.To issue letters of allotment of flats to those who have purchased flats from the Promoter (Builder).
16.To make available papers of the Society for perusal if asked for by the Members.
17.To ensure holding of every annual meeting of the general body are kept on the agenda of the meeting .
18.To ensure that all matters required to be considered at an annual meeting of the general body are kept on the agenda of the meeting.
19.To call a special meeting of the general body when required.
20.To arrange for election of a new Committee prior to the expiry of the period of the existing  committee.
21.To ensure that after elections new committee is duly constituted.
22.To elect office - bearers of the Society.
23.To ensure that a meeting of the committee is held once in a month.
24.To fill in vacancies of the Committee.
25.To consider resignation of a Member of the committee.
26.To consider resignation of an office bearer of the Society.
27.To obtain securities form the paid employees of the Society.
28.To approve the audit rectification reports of statutory and internal audits and to forward them to the authorities concerned.
29.To execute deed of conveyance of the land and building / buildings thereon.
30.To take steps to maintain the property of the Society in good condition and to carry out repairs to it and renewals thereof.
31.To Insure the property of the Society
32.To suggest to the general body meeting the rates of penalties for breaches of bye-laws and to issue show cause notices
33.To regulate operation of the lift of the Society
34.To suggest to the meeting of the general body the games to be allowed to be played in the compound of the Society
35.To consider and decide any other matters provided under the MCS Act 1960, the MCS Rules 1961 and the Bye-laws of the Society,
36.To regulate parking in  the Society.
37.To ensure that the Society is affiliated to Housing Federation and its subscription is regularly paid.
38.To take the decision on the complaint application in the Managing Committee Meeting and inform the concerned Member of its decision accordingly.
39.To enter into contract with the Architect of the Society.
40.To scrutinize the tenders, received for construction work and to submit the same along with Committee's report to the meeting of the General Body and to enter into contract with the contractor.

Responsibility of Chairman
138.The Chairman of the Society shall have the power of overall superintendence, control and guidance in respect of management of the affairs of the Society within the frame-work of the MCS Act 1960. Rule 1961 and the Bye-laws of the Society.
In case of any emergency, the chairman of the Society may be competent to exercise any of the powers of the committee.However, while doing so he shall record the reasons thereof in writing Any decision, so taken by the chairman of the Society shall be got ratified in the next meeting of the Committee.

139.The functions of the Secretary of the Society shall be those mentioned below :
 Responsibility of Secretary
1.To issue share certificate to Members within the stipulated period and the prescribed manner.
2.To deal with resignations from Members including associate and nominal Members.
3.To enter nominations and revocations thereof in the Nominations Register.
4.To inspect the property of the Society.
5.To issue notices regarding repairs to be carried out in flats.
6.To deal with cases of expulsion of Members.
7.To deal with cases of cessation of Membership including associate and nominal Membership.
8.To deal with the applications for various purposes received by the Society.
9.To prepare and issue demand notices/bills for payment to the Society's charges.
10.To bring cases of defaults in payment of the Society's charges to the notice of the Committee.
11.To issue letter of allotment of flats.
12.To issue notices and agenda of all meetings of the general body.
13.To record the minutes of all the meetings of the general body.
14.To call the first meeting of the newly constituted committee.
15.To issue notices of all the meetings of the Committee.
16.To attend meetings of the Committee and to record minutes thereof.
17.To attend meeting accounts books, register and other records, unless otherwise decided by the committee.
18.To finalize account of the Society in the required manner.
19.To produce records of the Society before different authority concerned with the working of the Society with the consent of the Chairman.
20.To prepare the audit rectification reports in respect of audit memos received from the Statutory and internal Auditors
21.To bring breaches of the Bye-laws by the Members of their notices under instructions from the committee and Penalties there to.
22.To discharge such other functions under the MCS Act 1960 the MCS Rules 1961 and the Bye-laws of the general body meetings, as are not expressly mentioned here in above.
23.To place the complaint application with facts before the committee, in the coming meeting.

Refer by :https://mahasahakar.maharashtra.gov.in