Managing Committee

Part 4

v     Procedure for filling casual vacancies

As per Bye-law No. 129 in the event of vacancies in the Committee, caused on account of the death, resignation, disqualification or removal of any members of the Committee of any other members, eligible to be on the Committee, irrespective of whether there is the quorum or not.

v     Resignation of committee members and office bearers

(i)  Committee members

(a) As per Bye-law No. 131 a member of the Committee may, by a letter, addressed to the Chairman of the society, resign his membership of the Committee. The resignation shall be effective from the date it is accepted by the Committee or on expiry of the period of one month from the date of the receipt of the letter of resignation by the Chairman or the Secretary of the society, whichever is earlier.

(b) In case the entire committee intends to resign, the resignations of the committee shall be placed before the general body and such resignation shall be effective from the date of acceptance of such resignations by the General Body. The committee shall continue in office till an alternative arrangement is made for the management of the society.

(ii) Office bearer

As Per Bye-law No.132

(a) The Chairman of the society may resign his office as Chairman by a letter addressed to the Secretary of the society

(b)  The Secretary or Treasurer of the society may resign his office as Secretary or Treasurer by a letter addressed to the Chairman of the society

(c)  The Chairman/Secretary/Treasurer’s resignation will be effective only after its acceptance and handing over the charge to the newly elected Chairman/Secretary/Treasurer, as the case may be

(d)  The Committee may accept the resignation of the office of the Chairman/Secretary/Treasurer only after it is satisfied that the Chairman or as the case may be the Secretary or Treasurer of the society has brought up to date the work entrusted to him and has produced all the papers and property of the society, in his possession, before the Committee

v     Liability of the members of the Committee joint and several

(i) As Per Bye-law No. 138 the members of the Committee shall be jointly and severally liable for making good any loss, which the society may suffer on account of their negligence or omission to perform any of the duties and functions cast on them Act, Rules and Bye-laws of the society.

(ii) Indemnity bond as per the recent amendment in Section 73 of the Maharashtra Co-operative Societies Act, 1960, it is obligatory for the members of the managing committees of Co-operative Societies to sign a bond within fifteen days from the date of their election to the managing committees, to the effect that they are individually and severally liable for the decision taken by the society.

However, the provision is not practical for a Co-operative Housing Society and several thousand managing committee members of Co-operative Housing Societies in the State are disappointed. It is hoped that Co-operative Housing Societies will be granted exemption in this regard.