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FREQUENTLY ASKED QUESTIONS
How to calculate the notice period of any meeting.
If the meeting is required to be called with 14 days clear notice, it means the intervening number of days between the date of the notice and the date of the meeting must be 14, In calculating the days, the date of the notice and the date of the meeting shall not be considered/ counted.
What are the typical salaries by location (Mumbai/Thane) that are given to people working in the society like gardner, manager, waste management etc
There is no standard. Only ensure that you pay the minimum salary as fixed by the Govt. Of Maharashtra for unskilled / semi skilled/ skilled labour under the Minimum Wages Act

We have a query in our committee that we want to replace the existing security agency with New security agency who is assuring for better quality however the price is little higher for it. Can the Managing Committee decide on the same or should it be approved by the General Body ?
Managing Committee can decide on the same. It is an administrative decision.
Who should bear expense of structural repair work inside the flat.
If it is structural repairs, the repairs should be carried out by the Society out of its own funds.
If the agenda items could not be completed,can the meeting be adjourned to any other suitable date?

What should the notice for the rescheduled general body Meeting notify?
If the agenda items could not be completed, the meeting can be adjourned to any other suitable date not later than 30 days from the date of the meeting, as may be decided by the members present in the meeting.
If the new date is not decided by the members present,then the new date should be decided by the committee & a Separate notice to be given without any agenda.

Specimen of the new notice.

To

All members,

Since all the items on the Agenda of the AGM held on ..........could not be conducted on the same day, the meeting was postponed.

Accordingly, to conduct and conclude the remaining items on the Agenda, the postponed meeting will now be held on ______ at _______ at ____________.

The meeting will start exactly at the time notified above, irrespective of the number of members present. All the members are requested to be present in time.
For ...

Secretary .,

date
Can a member / group of members of a Society seek change of date of the AGM ?
Bye_Law No 99:

The Committee shall decide the date, time and place of every general body meeting of the society and the business to be transacted thereat, provided that the business to be transacted at the requisitioned special general body meeting shall be only that mentioned in the requisition. The notice convening the general body meeting shall be issued by the Secretary of the Society accordingly as provided in Bye_Law no 163. On his failure to issue thenotice, the Chairman shall issue it.



It is very clear, that the date, time and venue of the AGM can only be decided by the M C and members do not have a say in it.



Mohanraj
What are the steps involved in the recovery of dues under sec-101?
Ans:

1. Society to issue a Notice to the defaulter and giving him an opportunity to make payment within stipulated time and with a warning therein that on failure of the same, an application would be made to the Registrar under Sec-101 of the MCS Act for the recovery.

2. MC has to pass a resolution for taking such an action.

3. Secretary / Chairman has to make an application to the Registrar of the Co-operative Societies along with necessary documents.

4. Registrar would give hearing to the member and accordingly a certificate will be issued by him to the society.

5. On receipt of the certificate under Sec-101 from Registrar along with other documents, the recovery officer has to prepare demand notice to be sent to sale officer detraining movable property of defaulted member concerned.

6. Sale office on receipt of the recovery papers from the recovery officer has to visit the premises of the member for preparing inventory of the movable property and hand over this list to the member and serve the demand notice on him.

7. If even after serving the demand notice, the amount is not paid by the member, the sale office seizes the movable property of the member as per the inventory and hand over the same to Secretary / Chairman of the society for safe custody.

8. After Sale officer will fix the date, place for such an auction of the movable property seized and auction out the same and pay sale proceeds thereof to the society in satisfaction of the outstanding dues payable by the defaulter member.

9. If the proceeds of the sale of movable property are found to be insufficient to cover the outstanding dues in full, sale officer will proceed by arranging auction of the premises to recover the balance of the dues payable by the member.
What is the time gap of the Special General Body Meeting Notice is issued?
Ans: It should be clear 5-days notice
Can we seek extention of period to call the AGM if it is not possible to hold it before 30th September. What are the repurcusions of not holding AGM before 30th Sep
Ans: The Annual General Body Meeting of every housing society needs to be held on or before 30th of September. If it is not possible to hold the AGM before 14th of September, there is no provision for seeking extention from the Dy. Registrar. In such a case, the Dy. Registrar may impose penalty on members of the Managing Committee , and also dismiss the committee, and appoint an Admministrator for a period not exceeding six months with directions to hold election to the Managing Committee. The members of the dismissed committee may not be eligible to contest the election .
Period within which Annual General Body meeting to be held & its functions
Ans: Annual General Body meeting is required to be conducted before 30th September every year.
The annual general body meeting of the Society shall transact the following business :

(i) to read the minutes of the last annual general body meeting of the society and the special general body meeting of the society, if any and to note the action taken thereon,

(ii) to receive from the committee, the annual report of its activities on the preceding co-operative year's working,together with the statement of accounts in form 'N'prescribed under Rule 62(1) of the Rules, showing the income and expenditure during the preceding cooperative year and the balance sheet as at the close of the preceding co-operative year

(iii) to consider audit report, received from the Auditor appointed as provided in section 75(2A) of the Act for the previous co-operative year along with audit rectification report of the committee thereon,

(iv) to declare regarding date and conduct of election of its Committee when due,

(v) to appoint an auditor, for the Audit, from the panel approved by State Government.

(vi) to consider any other matters, specifically requiring decisions, concurrence or sanction of the general body meeting of the society, by virtue of the provisions in the Act, Rules and the bye-laws of the society,

(vii) to consider any important communications received from the Registering Authority, the Statutory Auditor,Government, Collector, Local or any other competent authority.

(viii) to consider any other matter, with the permission of the Chair, excepting those requiring proper notice, after the regular agenda is over and which are permitted under the provision of the Act, Rules & bye-laws.

(ix) To place annual budget for the next financial year for consideration.

(x) To receive from committee the Audit Rectification Report and Action taken thereon.
 
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