Managing committee of Housing society
2 years ago
Our society in Mumbai has 420 flats. Our managing committee has only 10 members now. What should be the minimum strength (not quorum) for a managing committee for society of 420 flats to be valid?
A.Dear Sir,
Please contact local advocate having more knowledge about the above issue.
THE
MAHARASHTRA CO-OPERATIVE SOCIETIES ACT, 1960 (Maharashtra Act No XXIV of 1961)
(1) Short Title, Extent and Commencement:--
(1) This Act may be called the Maharashtra Co-operative Societies Act, 1960.
(2) It extends to the whole of the State of Maharashtra.
(3) It shall come into force on such date as the State Government may, by notification in the
Official Gazette, appoint.
(2) Definitions -
in this Act, unless the content otherwise requires, --
(1) “agricultural marketing society” means a society –
(a) the object of which is the marketing of agricultural produce and the supply of,
implements and other requisites for agricultural production, and
(b) not less than three-fourths of the members of which are agriculturists, or societies
formed by agriculturists;
(2) “apex society” means a society, --
(a) The area of operation of which extends to the whole of the State of Maharashtra,
(b) The main object of which is to promote the principal objects of the societies affiliated
to it as members and to provide for the facilities and services to them, and
(c) Which has been classified as an apex society by the Registrar;
(3) Clause (3) deleted
(4) “bonus” means payment made in cash or kind out of the profits of a society to a member, or to
a person who is not a member, on the basis of his contribution (including any contribution in
the form of labor or service) to the business of the society, and in the case of a farming
society, on the basis both of such contribution and also the value or income or, as the case
may be, the area of the lands of the members brought together for joint cultivation as may be
decided by the society but does not include any sum paid or payable as bonus to any
employee of the society under the Payment of Bonus Act, 1965;
(5) “bye-laws” means bye-laws registered under this Act and for the time being in force and
includes registered amendments of such by-laws;
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Various managing committees of societies, cooperative or not, differ based on the cooperative's initial creation model bye-laws. However, the prevailing consensus is that 1) six general members and two female members must be elected. If there are members of the scheduled caste and OBC, three of the apartment owners must be picked. As a result, 11 members must be elected in total. 2) You must select a group of at least eight persons. 3)If just 8 members were chosen, a quorum of 5 would be necessary. 4) Members who have rented off their houses can still be elected to the MC.
Thank you very much.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
Different managing committees of societies, cooperative or not is different depending on the original formation model bye-laws of the cooperative. But the general view is that 1) You must elect six general members and two female members. If there are scheduled caste and OBC members, then three of the flat owners must be chosen. As a result, a total of 11 members must be elected. 2) You must choose a minimum of 8 people. 3)A quorum of 5 members would be required if only 8 members were chosen. 4) Members can still be voted to the MC even if they have rented out their properties.
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