Co-operative society
jyotsna
(Querist) 20 April 2013
This query is : Resolved
There is a one registered co-operative society wherein committee themselves had decided to renovate the building which includes plastering & colouring part but the most of the society members were not ready for the same subsequently committee member themselves renovated building by their own.. and now other society members got the notice from Mumbai District Co Operative Housing Federation LTD...for demanding the renovated expeses of Rs. 200000/- from each member of the society and second notice also received form Mumbai District Co Operative Housing Federation LTD(MDCGFL) U/s 156 of MCS act 1960 Rule 107 of MCS Act also received from them fir if not deposited sum of the amount or not returned the amount decided ...there movable & immovable property will be attach within next 15 days
so what is the right of Mumbai District Co Operative Housing Federation LTD here?
How MDCGFL can interfere in this issue?
Can they send notice to the society members? for not paying their dues? when they were not ready for it?
Can committee alone themselves can take decisions for society?
what are the rights of Society members?
please guide for society members....
Regards
Jyotsna S
Advocate
ajay sethi
(Expert) 20 April 2013
any decision of renovation has to be taken by the committee with consent of members in AGM ? in case expenses incurred are more than Rs 50,000 consent of members is must . only if AGM awards contract or authroises MC to award contract for repairs can the work be done .
if MC has acted in flagrant violation of byelaws then such MC can be removed by members of the society .
ajay sethi
(Expert) 20 April 2013
it appars that ;loan has been taken by society from federation . cross check the society records . ask for inspection of documents
R.K Nanda 
(Expert) 20 April 2013
no more to add.
Ajit Pathak
(Expert) 22 April 2013
Hello
Dear Sir/Sirs
Good morning.
I am looking after one registered multi state co-operative society ltd. which is for agricultural & marketing.
Present society is for agricultural & marketing and its for haryana, punjab, rajasthan and delhi. There are some little query on this topic. If u will guide or convince those would be supportive and that would be oblige for the same.
ceiling limit to purchase land in these state will be effective for our society?
what are the limits for Haryana, rajasthan, punjab & for delhi?
If any exemption to the co-operative society to purchase land?
If not i mean we will count as a corporate body then we cant purchase in the name of members?
Last and final query is that if the object is defined in this bye laws then is there any provision to amend or add in object ?presently is for agricultural & marketing and we arer willing to add for housing also? if not then we should registerd a new for housing?
There is a request for initiative response from ur side.
Thanks & Regards
Ajit Pathak
Advocate
M V Gupta
(Expert) 22 April 2013
Mr. Ajit, ur query is altogether different and ought to have been raised seperately and not as part of the query raised by ms. Jyotsna.
As regards Jyotsna's query I fully agree with the views of Mr. Ajay Sethi. No loan can be taken by the MC for renovation of the Society's building without the approval of the GB. Any loan so taken is not binding on the Society. The MC members will be personally liable to meet such liability. The fact that all the members have received notices under Section 156 of the MCS Act indicates that the Dt. Federation obtained orders from either the Registrar or the cooperative court for recovery of the amounts from each of the members. Pl consult immediately an advocate and contest the notices given to u and other members before the Registrar, on the ground that the loan taken by the MC was illegal and in violation of the bye laws of the Society and hence not binding on the Society or the members. Perhaps u may have to approach the coop court to get a declaration that the Society is not bound by the loan agreement which was illegal as it ws without the approval of the GB.
jyotsna
(Querist) 23 April 2013
thanks to all for your valuable opinion... secondly Can we take stay order from Registrar?? within a week....time???
M V Gupta
(Expert) 24 April 2013
Under Bye law 175(B) of the Model Bye laws you may have to approach the Coop Court and challenge the validity of the loans obtained by the MC without the approval of the GB and appointment of the developer to carry out the works. For this purpose u have to gather all the relevent particulars of the resolutions and the details of the loan etc from the ?Scoiety. As memebr u are entitled to demand inspection of the records of the Society. (vide Bye law 23) and take copies of the relevent records which will help in filing the case and also contesting the notices received by the members under SEc 156 of the MCS Act.
Raj Kumar Makkad
(Expert) 24 April 2013
Registrar has no power to pass stay order but definitely you can obtain it from Cooperative Court in the given matter within a week time.
