Appointment of sub committee in co operative hsg society
mahmood mithani
(Querist) 08 October 2018
This query is : Resolved
There is some disuputes is going on since last 4 years in our housing society about the past committee members committed fraud of the fund to the tune of Rs.8 lakhs.In last AGM held on 30th sept 2018 these past committee members asked for the formation of sub committee specially for the recovery of the this Rs.8 lakh fund and find the truth about the fund embezzlement.The committe members will include accused and non accused members.
My question is - is the current committee members have the powers to grant permission for the formation sub committee ? if yes under what section. I would be oblige if someone guide me on this issue
Guest
(Expert) 09 October 2018
First of all, you are not clear in your query. Asking for formation of a sub committee does not mean that the committee is formed unless the present management committee has agreed to that demand or a resolution is passed to that effect in the AGM, as a token of acceptance of their demand. You have not mentioned anywhere that the comittee has been formed or not and whether by the present management committee or by passing of a resolution in the AGM, as the matter was raised in the AGM.
Secondly, it is not clear for what specific purpose you have asked for the section and how do you propose to use and in what capacity, when you have nowhere stated, in what of your capacity or connection with the society you have raised your question.
Thirdly, if you have any link with the society, you were required to go through your society's bylaws to see what provision has been made in the bylaws about formation of sub committee, in what circumstances and by whom, the managing committee or the AGM.
So, better go through your society's bylaws and if not satisfied, you may contact the Sub--registrar of societies for clarification of your doubts.
mahmood mithani
(Querist) 09 October 2018
Thank you for your reply, myself is a president of the society, the existing committee already approved for the formation of subcommitte, i just wanted to confirm the leagality of such committee (sub committee) so the existing committee make sure that they dont violate any by law of the society by giving persmission for sub committee. I asked for the section so that i can study that section and find out procedure for formation of the sub committee, their jurisdiction and their decision - binding on the current committee, i did check the by laws of the society but could not find out the law related to formation of the sub committee thats why i sought opinion from the experts.
thank you
Dr J C Vashista
(Expert) 10 October 2018
Which state government/ RCS your CHS is formed, functioning and existing ? You will agree and appreciate the fact provision of law differs from state to state, whereas your query is being read, analysed and opined (on internet) worldwide.
There is no legal infirmity in formation of sub-Committee to find out the alleged fraud? However, why did your accountant and CA not detect and report, if there is any irregularity?
If you are located in Delhi and feel, may contact me (on appointment) at:
Ch. No 647, Dwarka Courts Complex, New Delhi, Mobile: 9891152939 email: majjagdish@yahoo.com
