Q. Can the managing committee (MC) co-opt a member after completing four years of its tenure, just one year before the expiry of its term? If not, what will be the status of such co-opted member(s)? Will the appointment of such co-opted MC member(s) be considered null and void? Will they be part of or exempt from various decisions taken by the MC? I understand that a member can only be coopted within the first 2.5 years of the MC’s tenure. Please advise. –
VL Subramanian, Mulund
A. The managing committee can co-opt a member after four years of its election and such co-option is legally valid. Such co-opted member can participate in each activity of the MC. Section 73CB (1) of MCS Act provides that every general election of the committee members and office bearers including casual vacancies should be held as per the prescribed procedure.
Your society will have to seek applications from members who are eligible to fill in the casual vacancy. Such vacancy has to be informed to the State Cooperation Election Authority (SCEA) and the district cooperation election officer and the vacancy shall be filled within a period of one month.
A casual vacancy may be filled by nominations out of the same class of members in respect of which the casual vacancy is arisen as per the instruction of the SCEA. If the member is co-opted in the fourth year after the election of the MC, his term will be for the balance period until the completion of five years. If the process is followed such appointment will not be considered as null and void.
Q. Recently my society has started collecting cultural and social charges at Rs200 per month per flat in the society maintenance bill irrespective of the number of members in the flat. I was not present in the meeting in which such charges were passed. Can the society collect cultural charges from the members? Can I refuse to pay such charges, if yes, under which provision of the bye-laws? —
Jyotinder Sanghani, Sion
A. A society can collect cultural and social charges from the member if it is duly approved by the general body. Bye-laws 65 to 67 provides for the composition of charges and the criteria for sharing the same amongst the members. There is a mention of “any other charges” each of the bye-laws. Moreover, one of the objects of the formation of society mentioned in byelaw 5 is to undertake and provide cultural, social or recreative activities for its members.
Since your general body has approved the levy of such charges, it is binding on all the members. You can’t refuse to pay on the ground that you were not present in the meeting. The cooperative department issued a circular in May 2023 whereby it was categorically mentioned that the members who do not attend the meeting cannot complain to the managing committee for any decisions taken thereat and will have to approach the cooperative court for any grievance that they may have.
Q. Please advise if the members of CHS have the authority to write off cash from society account books in an AGM. Resolution has been passed by our society to write off Cash. Is this legal Valerian D’souza, Borivali
A. With the sanction of the general body of the society, a society may write off the society charges from the members, the expenses incurred on recovery thereof and the accumulated losses which are certified as irrecoverable by the duly appointed statutory authority. In case the society is indebted, the approval of the financial institution will also be required. The approval of the registering authority i.e. the registrar, is also required to be obtained. However, if your society is affiliated to the District Central Cooperative Bank or any other financial agency but is not indebted to it, the permission of such bank or the financial agency is not necessary. Please refer to bye-laws 149-150 for further details in this regard.
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