Q. Our society secretary is not conducting the managing committee's meetings. Can the other members requisition the secretary or chairman to conduct the meeting? If the chairman is also favouring the secretary,
what are the former's powers in this regard? Prasanna Sekharan, Matunga A.
It is the secretary's responsibility to conduct meetings regularly to ensure that the society is managed well and more so to comply with the Maharashtra Cooperative Societies (MCS) Act, rules and bylaws. If the secretary fails to convene the meetings, the chairman is empowered to convene them and issue the notice and agenda for the same. Other committee members can also requisition for a meeting.
On a requisition of one-third members, the secretary should convene a special meeting within seven days from the date of receipt of the requisition. Otherwise, the chairman is empowered to convene the meeting. However, if both of them fail to convene the regular or special meetings and also don't issue the notice and agenda for them, the housing federation, with which the society is affiliated, may call for the meeting upon receipt of a request from the members.
The members present have to elect one among them as a chairman, who will preside over the meeting in the absence of the elected chairman. (Refer bylaws 132, 133, 135)
Q. Can treasurer be removed by the managing committee or it requires the general body's approval? Farokh Sahi, Dadar A.
Treasurer is one of the society office-bearers appointed by the managing committee. Hence, it can remove any office-bearer, including treasurer, by moving a no confidence motion. One-third of the committee's total strength have to move a no-confidence motion against the treasurer.
A special meeting should be convened in the presence of the district deputy registrar or any other designated officer not below the rank of assistant registrar upon receipt of notice from onethird members. To pass a noconfidence motion, assent of minimum two-third of the committee members, who are present in the meeting and entitled to vote, is required. With the minimum of two-third majority passing the no-confidence motion, the treasurer shall cease to be the office-bearer and there is no requirement of the general body's approval for the removal of officebearers.
The general body elects the committee members, while it is the committee's prerogative to elect the office-bearers among themselves. In case, the no-confidence motion fails to gather the required support, another such motion cannot be brought against the treasurer, secretary or chairman, as the case may be, unless a period of six months has elapsed from the date of proceeding the motion. (Refer bylaw 125)
Q. One of the committee members owns four flats in different names of his family members. They rent the flats for hostel service. Is it allowed to run a hostel in a residential society? Minni Singhal, Sion A.
Firstly, he is not entitled to be a committee member. Section 154-23 of the MCS Act provides for the disqualification of the committee and its members. It inter alia provides that if a committee member carries out a business of letting, subletting and selling flats in the society, he gets disqualified.
The person is not eligible to be re-elected, re-co-opted or re-nominated as a member for five years. Running a hostel is a commercial activity which cannot be done without the society's approval. Bylaw 75(e) provides that a member shall not use the flat allotted to him for the purpose other than that mentioned in the letter of allotment without the committee's written consent. If the flat is allotted for the residential purpose, commercial activity cannot be done therein. Your committee should verify whether the member has obtained a change of user from the municipal authorities and that the society has granted its written consent to run the hostel service.
If that's not the case, the committee can seek written explanation from the member and the matter maybe escalated to the general body for necessary action aftergiving him an opportunity to hear. The general body may direct to restrain the member from commercially using the residential property and may consider filing a complaint with the municipal authorities, if needed.
The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat. The questions, in brief, may be sent to fpjchs@gmail.com
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