Item No.4 : Election of a Provisional Managing Committee under Bye-law No.89(a)(iv)

(a)    Precaution while electing a Provisional Managing Committee

A provisional managing committee is so called because it is not elected by following the procedure laid down under the Election Regulations. While electing the provisional managing committee, the members present at the first general body meeting have to take utmost precaution to see that they elect the right type of persons who would sacrifice their time for the society’s work and carry out the work of the society whole heartedly because this provisional managing committee has to take several preliminary steps, handle various important matters and set a good precedent for the next managing committee.

(b)   The strength of the Provisional Managing Committee

As per Bye-law No.115 & 116 the strength of the provisional managing committee is the same as that of the regularity elected managing committee. The first General Body Meeting of the Co-operative Society has to elect such number of members on the provisional managing committee, as is mentioned in the Bye-laws referred to above. Bye Law No.115 outlines the strength of the Managing Committee (also Provisional Managing Committee.) This strength also includes reservation of seats for women members as provided U/S 73BBB of the Maharashtra Co-operative Societies Act, 1960.  

Explanation to Bye-law No.115 provides that in the event of non availability of woman members, the seats reserved for them may be filled by other eligible members.

(c)    The tenure of office of the Provisional Managing Committee

As per Bye-law No.93 the tenure of the office of the provisional managing committee is fixed as one year or until regular elections are held under the bye-laws.

(d)   Eligibility to get elected as member of the Managing Committee

While electing a provisional managing committee, care should be taken to see that such persons, as are conversant with the provisions of the Maharashtra Co-operative Societies Act, 1960, Maharashtra Co-operative Societies Act, 1960 Rules, 1961 and the Bye-laws of the society are elected. Further, they must be capable of enforcing discipline in the society and discharging their functions effectively and efficiently.

(e)    The Power Duties and Functions of a Provisional Managing Committee

The duties, functions and powers of the provisional managing committee are the same as those of the regularly elected managing committee and are enumerated in Bye-law No.139. For a detailed discussion refer to Chapter No.6, under the Powers, Duties of Managing Committee.

v     Item No.5: Affiliation to the District Co-operative Housing Federation: Bye-law No. 6 makes it obligatory on the part of societies to become members of the Housing Federation of the District. It would, therefore, be in the interest of the societies to join the Federation immediately after registration. The first general body meeting should, therefore, give directives to the provisional Managing Committee to apply for membership of the Housing Federation of the District.

v     Item No.6: to receive the statement of accounts and report: To receive the statement of accounts and report of all transactions entered into by the Chief Promoter as prepared by the Promoter/Chief Promoter till 14 days prior to the date of the first general body meeting.

v     Item No.7: To receive accounts of the work done and what the society proposes to do in future. This item should be included in the agenda of the first general body meeting of an open plot type society. The promoters attending the first general body meeting of the society should see whether the work shown to have been done is visible and according to the plans and estimates. The promoters should also ensure that the committee would be proceeding in the correct direction to get the remaining work done.

v     Item No.8: to fix the limit up to which funds may be raised. This item is also to be included in the agenda of the first general meeting of a Co-operative Housing Society of an open plot type. It may be noted that a society can raise funds, required by it, up to 10 times its paid up share capital, plus Reserve Fund, plus building fund, minus accumulated losses as per Rule No.35 of Maharashtra Co-operative Societies Rules, 1961.