Powers , Duties and Functions of  Managing Committee of a  Co-operative Housing Society.

--Adv. Sajeev Kanchan

Posted on 20 April 2001
 

1. The Power given by law to the Members of Managing Committee should be known by the Committee Members as well as the general members of a Co-operative Society for small disputes. The Powers of Committee are stated in bye-law 113 and 137 of New Model Bye Laws of Owners Co-operative Society are be below :-

2. Exercise of Powers by the Committee :-

Subject to the direction or regulation made by a meeting of the general body of the Society , the Committee shall exercise all powers , expressly conferred on it and discharge all functions entrusted to it under the bye-laws No.137.

Powers, Duties and Functions of the Committee .

Sr. No. Items of the Powers, Functions and duties.                         The Bye-law no. under which

                                                                                                            the Power, Function or duty falls.

1. To consider acceptance of deposits and raising                                                         11

of loans

2. To consider and to recommend to the meeting of                                             13(a) and 13(b)

the general body, the rates of contribution to the

Repairs and Maintenance Fund, Reserve Fund and

the Sinking Fund.

3. To consider all matter relating to the creation,                                     12(I) and (ii)14(a),(b) and ( c)

investment and utilisation of the Repairs and                                                                 15.

Maintenance Fund, Reserve Fund and Sinking

Fund.

4. To consider and decide the resignation received                                                     29to 32

from members , associate members and nominal

members.

5. To ensure the nominations and revocation thereof                                                         35

recorded in the minutes of the meetings of the

Committee.

6. To take action on the report of the Secretary on                                                     50(b)

inspection of the flat.

7. To take action on cases of membership , including                                                     62A

associate and nominal membership.

8. To consider and decided the applications for various                                                 67

purpose received by the Society .

9. To consider and decided cases of refund of shares                                                 68

and interest in the capital /property of the society

where the share and interest in the capital/property

are acquired by the Society.

10. To fix the rate of insurance premium in respect                                                 71(a)(xii)

of commercial use of the Flats.

11. To fix in respect of every flat in the Society’s                                                     71(b)

     

12. To review the position of recovery of the changes                                             73

due to the Society from members and to initiate

action against defaulting members.

13. To verify compliance of the provisions relating                                                 74

to charging of interest on defaulted charges

of the society .

14. To authorise a member of the committee to attest                                                 76

deed of conveyance, share certificates and any other

documents to which the seal of the Society is affixed.

15. To issue letters of allotment of flat to those who have                                     78(a)

purchased flats from the Promoter(Builder)

16. To ensure holding of general meeting of the general                                         95

body within the prescribed period .

17. To ensure that all the matters required to be considered                                     96

at an annual meeting of the general body are kept on the

agenda of the meeting.

18. To call a special meeting of the general body when                                             97

required .

19. To arrange for election of a new committee prior to

the expiry of the period of the existing committee.                                                     115(a)

20. To elect office bearers of the Society .                                                             124(a)

21. To ensure that a meeting of the committee is held                                             126

    once a month .

22. To fill in vacancies on the committee.                                                                 127

23. To consider resignation of a member of the committee.                                         129

24. To consider resignation of an Office Bearer of the                                             130 ( c)

Committee.

25. To obtain securities from the paid employees of the                                         146

Society.

26. To approve the audit rectification reports of statutory                                             153

and internal audits and to forward them to the authorities

concerned .

27. To execute deed of conveyance of the land and building/s                                 154(b)

therein.

28. To take steps to maintain the property of the society in

good condition and to carry out repairs to it and renewal

thereof.

29. To insure the property of the Society.                                                                     160

30. To suggest to the general body meeting the rates of                                                 165

penalty for breaches of bye-laws and to issue show

cause notices. s

31. To regulate operations of the lift of the Society.                                                         167

32. To Suggest to the meeting of the general body the                                                     168

games to be allowed to be played in the compound of

the Society.

33. To consider and decide any other matters provided

under the Act, the Rules and the Bye-laws of the

Society but not expressly indicated here in above .