Sunday, 11 August 2019

Management Of The Affairs Of the Society

 General body meeting to be the supreme authority Bye Law-110

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.

Management of the Society to vest in the Committee Bye Law-111

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-laws of the Society.

Exercise of powers by the Committee Bye Law-112

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. 138.

Opening of Banking Account. and Investment of Funds Bye Law-113

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 , Nationalized 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.

Strength of the Committee Bye Law-114

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:-

Election of the Committee Bye Law-115

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

Prohibition against being interested in the Society Bye Law-116

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

Bye Law-117

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 inquiry 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.

 Bye Law-118

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

Cessation of a Member of the Committee Bye Law-119(a)

a) A person shall cease to be the Member of the Committee, if:

i. he has incurred any of the disqualifications mentioned under the bye law No. 117 or ;

ii. he has failed to attend any three consecutive monthly meetings of the Committee, without leave of absence.

Intimation of Cessation of Membership of the Committee Bye Law-119(b)

If a Member of the Committee attracts any of the disqualifications under the bye-law no. 119(a) (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.

Absence of Committee Members Bye Law-120

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

Period of Office of the elected Committee Bye Law-121

The period of office of the Committee elected under the bye-law No. 115(a) shall be for 5 years from the date of assuming the office.

First Meeting of new committee Bye Law-122

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 118 and the provisions of Section 73AAA.

b) Subject to the provisions of the bye-law No. 122(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.

Custody of the records of the Society Bye Law-123

All records of the Society shall be kept at its premises, convenient to the secretary, with the approval of the Committee of the Society.

Outgoing Chairman to handover charge to new Chairman Bye Law-124

When the new Committee is elected, the Secretary of the outgoing committee shall prepare the list of papers and property of the Society in his custody and hand over the charge thereof to the outgoing Chairman. The retiring Chairman shall hand over the charge of the office of the Committee and all papers and property of the Society, in his possession to the Chairman of the new Committee, as per provisions contained in Section 160 of the MCS Act 1960.

Note : The word ‘Paper’ used in this bye–laws and any other bye-laws shall mean all and / or any items mentioned in the bye-laws nos.141 and 142, and data / information in digital form At the first meeting, New Committee to Election New Office Bearers Bye Law-125-1

a) Every Committee, at its first meeting, after its election shall elect a Chairman, Secretary and Treasure from amongst the Members of the Committee.

b) The Officer of the Society shall hold office for the period of 5 years from the date on which he is elected to be the Chairman as the case may be the Secretary and Treasurer but not beyond the expiry of term of the Committee.

Motion of no confidence against office bearers Bye Law-125-2

Provided that he shall cease to be the Officer, if the motion of No Confidence is moved in the special meeting of the Committee called and presided by the Registrar or such officer not below the rank of a Assistant Registrar upon the notice given by 1/3rd Members of the Committee and the motion of No confidence is passed by the 2/3rd Members present at such meeting, who are entitled to vote at the election of such Chairman, Secretary or Treasurer.

Provided further that another motion of No Confidence shall not be brought against the Chairman or as the case may be the Secretary or Treasurer of the Society unless the period of 6 months has elapsed from the date of preceding motion of the No Confidence.

Quorum for Committee Meeting Bye Law-126

The Committee meeting shall be normally held in the premises of the Society. The quorum for Committee Meeting shall be as mentioned in Bye-law No. 114. It shall not be competent for the Committee to transact any business unless there is the quorum at the time of consideration  of every item on the agenda of the meeting of the Committee.

Frequency of Committee meetings Bye Law-127

 a) The Committee shall meet as often as necessary but at least once in a month.

b) in case of emergency, the Committee may place a resolutions and get the same passed by the Committee Members, however the same be placed before the next subsequent meeting.

Filling up casual vacancy Bye Law-128

A casual vacancy on the Committee may be filled by nomination out of a same class of Active Members in respect of which the casual vacancy has arisen as per section 73 CB and as per the instruction issued by State Co- operative Election Authority

 Tenure of Office of co-opted Members Bye Law-129

 The period of office of the co-opted Member of the Committee shall be coterminous with tenure of Office of the Committee.

Resignation of Committee Member of the Society Bye Law-130

A Member of the Committee may, by a letter addressed to the Chairman of the Society, resign his Membership of the committee. The resignation  shall be effective from the date it is accepted by the Committee or on expiry or the period of one month from the date of the receipt of the letter or resignation by the Chairman or the Secretary of the Society, whichever is earlier.

Resignation of office bearers of the Society Bye Law-131

 a) The Chairman of the Society may resign his office as Chairman by a letter addressed to the Secretary of the Society.

b) The Secretary or Treasurer of the Society may resign his office as Secretary or Treasurer by a letter addressed to the Chairman of the Society.

c) Chairman/Secretary/Treasurer’s resignation will be effective only after its acceptance and handing over the charge to the newly elected Chairman/Secretary/Treasurer, as the case may be.

d) The Committee may accept the resignation of the office of the chairman/Secretary/Treasurer only after it is satisfied that the Chairman or as the case may be the Secretary or Treasurer of the Society has brought upto date the work entrusted to him and has produced the entire papers and property of the Society, in his possession, before the Committee.

e) In case entire committee intends to resign, the resignations of the committee shall be placed before the General Body and such resignations shall be effective from the date of acceptance of such resignations by the General Body. This fact of acceptance of resignations of the entire Committee by the General Body, shall be communicated to the Registrar by the outgoing officers and Registrar may take necessary action as provided under section 77 A of the Act. However the existing Committee shall continue to carry on with only routine functioning of the Society, till alternate arrangement is made by the Registrar.

Notice of Committee Meetings Bye Law-132

The Secretary of the Society shall give 3 clear day’s notice of meetings of the Committee to all the Members of the Committee which shall state the date, time and place of the meeting and the business to be transacted there at, in consultation with the Chairman of the Society. 

 Where the Secretary of the Society fails to issue such a notice and agenda of any meeting of the Committee, the Chairman of the Society shall  issue it. If the Chairman and the Secretary of the Society fail to issue a notice and agenda of any meeting of the Committee, the concerned  Housing Federation, of which Society is affiliated, on its receipt of such information and request may call such a meeting.

Chairman to preside over Committee Meetings Bye Law-133

The Chairman of the Society shall preside over all the meetings of the Committee, provided that if at any meeting of the Committee, he is absent, those Members of the Committee present shall elect one of them to be the Chairman, for that occasion, who shall preside over the meeting.

One Member one vote. Decision by majority Bye Law-134

Every Member of the Committee shall have one vote. However in case of equality of votes the chairman of the meeting will have a second or casting vote. All decisions shall be taken by majority of vote.

Requisitioned Special Meeting of committee Bye Law-135

On a requisition by 1/3rd of the Members of the committee, the Secretary of the Society shall convene a special meeting of the Committee  within 7 days of the date of receipt of the requisition to discuss the matter mentioned in the requisition to discuss the matter mentioned in the requisition. On the failure of the Secretary of the Society to convene such a meeting within the time stipulated the procedure laid down under the bye-laws No. 131 shall be followed.

Minutes of meetings Bye Law-136

The Secretary of the Society shall attend every meeting of the committee and record its minutes and place the same for confirmation before the next meeting of the committee, after the minutes are signed by the Secretary of the Society and the chairman of the meeting in the absence of the Secretary the Chairman of the Society shall make alternate arrangement for recording minutes of the meeting.

Liability of Committee Members Bye Law-137

The Members of the Committee shall be jointly and severally responsible for all the decisions taken by the committee during its term  relating to the business of the Society. The Members of the committee shall be jointly and severally responsible for all the acts and omissions detrimental to the interest of the Society.

Power Of Chairman Bye-law-139

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.


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