XI. MANAGEMENT OF THE AFFAIRS OF THE SOCIETY
111. Subject to the provisions of the MCS Act, 1960, the MCS Rules, 1961 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
112. The Management of the affairs of the Society shall vest in the Committee
duly constituted in accordance with the provisions of the MCS Act, 1960,
the MCS Rules, 1961 and the Bye-laws of the Society.
113. 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. 139.
114. A Banking Account shall be opened by the society in the nearest State or
District Central Co-op. Bank or its branch or in any scheduled co-op Bank. if
account is to be opened in Nationalised Bank, then prior permission of
registering authority shall be necessary and the account shall be operated
upon and all acquittances and discharges shall be signed by the Secretary
jointly with the Chairman or treasurer After an account is opened, it should
be informed to that affect to the Registrar within 15 days. However,
investment in long term should be made in the District Central Co-operative
115. The Committee shall consist of 5*/7/9/11 members of the Society. This
strength includes the reservation of seats for women members as provided
under Section 73 BBB of the Act.
Note: *The strength of the managing committee and strength of the quorum for
conducting the meeting would be as under:-
*Strike out whichever is not required
*Explanation:- In case women members are not available or not willing to
represent on the committee, the seats reserved for them may be filled from
other eligible members.
116. (a) Election of all the members of the committee shall be held once in 5
years, in accordance with the Election Regulation annexed hereto. (Vide
Annexure III). The retiring members of the Committee shall be eligible for
re-election. If the paid up share capital is more than Rs. 10000/- then the
voting shall be done by secret ballot.
(b) In the event of receipt of inadequate valid nominations, required to
constitute the full Committee, the General body at its meeting shall fill in the
vacancies by election. On the failure of the general body meeting to elect
the required number of members to constitute the Committee, the elected
members of the Committee shall be competent to fill in the same by cooption whether they form the quorum or not, notwithstanding the provision
of the bye-law no. 127 regarding the quorum.
117. No Officer of the Society shall have any interest, directly or indirectly,
otherwise than as such officer:
in any contract made with the society.
in any property sold or purchased by the society.
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.
118. No person shall be eligible for being elected as a member of the Committee
or co-opted on it, if:
He has been convicted of the offence, involving moral turpitude,
unless the period of six years has elapsed since his conviction;
he 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 post (under certificate of posting), demanding the
payment of dues;
he has been held responsible under Section 79 or 88 of the MCS Act,
1960, or has been held responsible for the payment of the costs of
enquiry under Section 85 of the MCS Act,1960;
he has without the previous permission of the society, in writing,
sublet his flat or part thereof or given it on leave and licence or caretaker basis or has parted with its possession in any other manner or
has sold his shares and interest in the Society;
in case of an associate member, non-submission of the no-objection
certificate and undertaking, as prescribed under these bye-laws, by
he is declared as ineligible as per the provision of the Maharashtra
co-operative societies Act. 1960 and Rules, 1961.
119. 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, or
where such election is held before the date of commencement of the
Maharashtra Co-operative Societies, (Second Amendment) Act, 1966
(Mah. XXXVII of1986), and such number of members have been elected
but the committee has, for whatever reason, not been so far constituted,
forward their names together with their permanent address 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 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 person shall cease to be the member of the committee, if :
(a) he has incurred any of the disqualifications mentioned under the
bye-law no. 118 or;
(b) he has failed to attend any three consecutive monthly meetings
of the committee, without leave of absence.
If a member of the Committee attracts any of the disqualifications
under the bye-law no.120(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
121. No member of the committee shall be present at the consideration of any
matter, in which he is directly or indirectly interested.
122. The period of office of the committee elected under the bye-law no. II6(a)
shall be for 5 years.
The first meeting of the newly elected and outgoing Committee shall
be held within 30 days from the date of constitution of the new
committee as per bye-law No. 119.
Subject to the provisions of the bye-law no. 123(a), the Secretary of
the outgoing committee shall issue notice of the first meeting of the
newly elected committee and the outgoing Committee to the
members thereof. On failure of the Secretary of the outgoing
Committee to convene the said meeting, the Chairman of the
outgoing Committee shall call it. On the failure of both, the
Registering Authority call such a meeting.
124. All records of the society shall be kept at its premises, convenient to the
Secretary, with the approval of the committee of the society.
125. 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-law and any other bye-law shall
mean all or any items mentioned in the bye-law Nos.142 and 143.
126. (a) Every Committee, at its first meeting, after its election, shall elect a
Chairman, Secretary and Treasurer from amongst the members of
The Chairman, Secretary and Treasurer of the society shall hold
office for the period of 5 years from the date on which he is elected to
be the Chairman or as the case may be by the Secretary and
Treasurer, but not beyond the expiry of term of the Committee.
Provided that he shall cease to be the Chairman, or as the case may
be the Secretary or Treasurer of the society, 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 1/3rds members of the
Committee and the motion of 'No Confidence' is passed by 3/4th
members present at such meeting, having attendance of at least
2/3rd members of the Committee who are entitled to vote at the
election of such Chairman, Secretary and 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 the preceding motion of the 'No Confidence'.
127. The quorum for a Committee Meeting shall be “3/4/5/6 members of the
Committee. 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.
128. (1)The Committee shall meet as often as necessary but at least once in a
(2) 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 immediate meeting.
129. In the event of vacancies in the Committee, caused on account of the
death, resignation, disqualification or removal of any members of the
Committee, by the Registrar, the Committee may fill in such vacancies by
co-option on the Committee of any other members eligible to be on the
Committee, irrespective of fact whether there is the quorum or not, not
withstanding anything contained in the Bye-law No. 127. However, such
vacancies by co-option shall not be more than two.
130. The Period of office of the co-opted member of the committee shall be coterminus with tenure of office of the Committee.
131. 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 of
the period of one month from the date of receipt of the letter of resignation
by the Chairman or the Secretary of the society, whichever is earlier.
132. (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
(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. The Committee shall continue in
office till alternate arrangement is made for the management of the
133. The Secretary of the Society shall give 3 clear days notice of even meeting
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
thereat, 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, may call such
134. 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.
135. 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 votes.
136. 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 matters
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-law No.133 shall be followed.
137. 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 of the society, the Chairman of the Society shall make alternate
arrangements for recording minutes of the meeting.
138. The members of the Committee shall be jointly and severally liable for
making good any loss, which the society may suffer on account of their
negligence or omission to perform any of the duties and functions cast on
then under the MCS Act,1960, MCS Rules,1961 and the bye-laws of the
139. Subject to the bye-law 113. the Committee shall exercise the powers and
discharge the functions and duties as mentioned hereunder:
||Items of the powers,functions and duties
The bye-law No.
under which the
or duty falls.
||To consider acceptance of deposits
from members and raising of funds.
||To consider and recommend to the meeting
of the general body, the rates of contribution
of the Repairs and Maintenance Fund and
the Sinking Fund.
||13 (a) and 13 (c)
||To consider all matters relating to the creation,
investment and utilisation of the Repairs and
Maintenance Fund, Reserve Fund and
||12(i) and (ii)
14(a), (b) and
||To consider and decide the resignations
received from members, associate members
& nominal members.
||27 to 30
||To ensure that nominations and revocations
thereof are recorded in the minutes of the
meetings of the Committee.
||To take action on the report of the Secretary
on inspection of the flats.
||To take action on cases of cessation of
membership, including associate and
||To consider and decide the applications for
various purposes received by the Society.
||To consider and decide cases of refund of
shares & interest in the capital/property of
the Society where the shares and interest in
the capital/property are acquired by the society
||To fix the rate of insurance premium in respect
of commercial use of flats.
||To fix in respect of every flat the society's charges
on the basis of the proportion laid down under
the bye-laws 69(a).
||To review the position of recovery of the charges
due to the society from the members and to
initiate action against defaulting members.
||To verify compliance of the provisions relating to
charging of interest on defaulted charges of the
||To authorise 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.
||To issue letters of allotment of flats to those
who have purchased flats from the
||To make available papers of the society
for perusal if askd for by the members
||32 and 27
||To ensure holding of every annual
meeting of the general body within the
||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.
||To call a special meeting of the general body
||To arrange for election of a new Committee
prior to the expiry of the period of the existing
||To ensure that after elections new committee
is duly constituted.
||To elect office-bearers of the society.
||To ensure that a meeting of the committee is
held once in a month.
||To fill in vacancies of the Committee.
||To consider resignation of a member of the
||To consider resignation of an office bearer
of the society.
||To obtain securities from the paid employees
of the society.
||To approve the audit rectification reports of
statutory and internal audits and to forward
them to the authorities concerned.
||To execute deed of conveyance of the land
and building / buildings thereon.
||To take steps to maintain the property of the
society in good condition and to carry out
repairs to it & renewals thereof.
||156 & 159
||To insure the property of the society.
||To suggest to the general body meeting the
rates of penalties for breaches of bye-laws and
to issue show cause notices.
||To regulate operation of the lift of the society.
||To suggest to the meeting of the general body
the games to be allowed to be played in the
compound of the society.
||To consider and decide any other matters
provided under the MCS Act 1960, the MCS Rules
1961 and the Bye-laws of the society but not
expressly indicated herein above.
||To regulate parking in the society
||73 to 85
||To ensure that the society is affiliated to
Housing Federation and its subscription is
||To take the decision on the complaint application
in the managing committee meeting and inform
the concerned member of its decision accordingly.
||To enter into contract with the Architect of
||To scrutinise 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
140.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, MCS
Rules, 1961 the rules 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 there of in writing. Any decision, so taken by the
chairman of the society shall, be got ratified in the next meeting of the
141. The functions of the secretary of the society shall be those mentioned
||Items of the functions
||Bye-law No. under
which it falls.
||To issue share certificates to members within the
stipulated period and the prescribed manner.
||9 and 10
||To deal with resignations from members, including
associate and nominal members.
||27 to 30
||To enter nominations and revocations thereof in the
||To inspect the property of the society.
||To issue notices regarding repairs to be carried
out in flats.
||To deal with cases of expulsion of members.
||51 to 66
||To deal with cases of cessation of membership,
including associate and nominal membership.
||To deal with the applications for various purposes
received by the society.
||To prepare and issue demand notices/bills for
payment of the society's charges.
||To bring cases of defaults in payment of the
society's charges to the notice of the Committee.
||To issue letter of allotment of flats.
||To issue notices and agenda of all meetings of the
||To record the minutes of all the meetings of the
||To call the first meeting of the newly constituted
||To issue notices of all the meetings of the Committee.
||To attend meetings of the Committee and to record
||To maintain account books, register and other
records, unless otherwise decided by the
||To finalise account of the society in the required
||To produce records of the society before different
authorities concerned with the working of the society
with the consent of the Chairman.
||To prepare the audit rectification reports in respect
of audit memos received from the Statutory
and Internal Auditors.
||To bring breaches of the bye-laws by the members to
their notices under instructions from the committee.
||To discharge such other functions under the MCS Act,
1960 the MCS Rules1961 and the Bye-laws of the
society and directions of the Committee and the
general body meetings, as are not expressly mentioned
||To place the complaint application with facts, before
the Committee, in the coming meeting.