Housing society rules,mumbai.
Querist :
Anonymous
(Querist) 13 January 2012
This query is : Resolved
sir,
my friend is a commitee member of registered housing society,it is 10 yrs old society but nobody filled indemnity bond (form20) so far.
Last elections were done in aug"11,now all commitee members want to fill form 20 & submit the details to registrar,is there a need to call SGM & carry out fresh elections for filling form20 or they can fill form 20 now.
Also a defaulter commitee member can fill form 20 or not.
please update,
vishal
ajay sethi
(Expert) 13 January 2012
Section 73(1AB) of the Maharashtra Co-operative Societies Act 1960 is reproduced below:
“The Members of the Committee shall be jointly and severally responsible for all the decisions taken by the committee during its term relating to the business of the society. The members of the committee shall be jointly and severally responsible for all the acts and omissions detrimental to the interest of the society. Every such member shall execute a bond to that effect within fifteen days of his assuming the office, in the form as specified by the State Government by general or special order.
ajay sethi
(Expert) 13 January 2012
The member, who fails to execute such bond within the specified period i.e. within fifteen days from joining the Managing Committee member, shall be deemed to have vacated his office as a member of the committee.”
in view of fact that none of members have executed bond thy are deemed to have vcated office
it would be advisable to call for fresh elections
Querist :
Anonymous
(Querist) 13 January 2012
thanks for the information,also how about a defaulter commitee member signing form20.The said member has resigned from the post of chairman but wants to continue as a commitee member,he could not pay society maint. for last 2 years.
pl. advice
vishal
ajay sethi
(Expert) 13 January 2012
a defaulter cannot be a member of managing committee .
Rajeev Kumar
(Expert) 13 January 2012
Ajay sethi has replied your query sufficiently
Raj Kumar Makkad
(Expert) 13 January 2012
You require fresh election and within 155 days of such election, form 20 is required to be submitted before the registrar.
Querist :
Anonymous
(Querist) 13 January 2012
Thanks a lot to all experts & hope to receive such help in future as & when reqd.
vishal
Raj Kumar Makkad
(Expert) 14 January 2012
Most welcome and we all experts here are for help to needy persons.
prabhakar singh
(Expert) 14 January 2012
YES!EXPERTS HAVE RESOLVED YOUR PROBLEM.
V R SHROFF
(Expert) 14 January 2012
EXPERTS HAVE RESOLVED YOUR PROBLEM.
Shonee Kapoor
(Expert) 14 January 2012
You have been guided properly.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Devajyoti Barman
(Expert) 14 January 2012
Yes al have rightly guided , rsst is now to follow the advices.
