I am the secretary of a CHS and all the entire managing commitee is against me. The Treasurer is the master amongst all and is not allowing me to carry out secretarial functions properly. Recently, the managing commitee held an urgent meeting without my presence and passed a resolution to make the treasurer's husband the joint secretary. I have not signed the resolution as I was not present and hence retaliated but all in vain. The treasurer has been misappropriating the funds of the society but nobody tells him anything. He is a defaulter himself and always restrains the managing commitee from carrying out repairs for society.
Ans : You can resign from the post of Secretary. AFTER that make a petition u/s 89, to the coop registrar against the Treasurer citing details of the misappropriations. Further ask for Audit u/s 81, from the Govt. auditors office, and state all the misappropriation of funds by the Treasurer.
The law does not recognise the post of the joint.secretary.
My question is that can a defaulter of payment of society be a proper member of the managing commitee? If not then what is the procedure to oust him.
Ans : A defaulter of over 6 months, cannot continue as managing committe member. A 3/4 majority resolution of the mg.committee is sufficient enough to oust him, with appropriate notification to the coop. registrar of your ward.
He has made structural changes in his garage without permission of society. What is the remedy?
Ans : Structural changes come within the parameters of the Civic authorities (BMC). An individual or the society mg.committee may write the BMC to do the needful.
Can 2 members of the same family be on the managing commitee of the society?
Ans : IF 2 members of the same family are holding two different share membership certificates, then they can be mg.committee members of the same society, subject to parameters defined u/s 6 of the MCS Act.
Can any urgent meeting be held without the presence of Secretary?
Ans : The chairman is empowered to call a urgent meeting without the presence of the secretary.
Who's signatures are mandatory on cheques drawn on behalf of the society? Secretary/treasurer/chairman?
Ans : Depends on the resolution passed by the mg.committee. By normal procedures, two joint signatures from any of the 3 posts are acceptable.
Keep Smiling .... Hemant Agarwal
