‘Members should try to understand such reasons and weigh the safety and security with the convenience of the members’
There are two gates to our building. Members are requesting that both be kept unlocked for general convenience. But the managing committee is adamantly refusing to do so. What can be done legally to make the MC fall in line?
Hormuz Tavares, Andheri
There has to be a reason as to why both the gates are kept locked. Safety and security of the residents could be one reason. The members should try to understand such reasons and weigh the safety and security with the convenience of the members. If you feel that the reasons are not genuine you may write a letter to the chairman / secretary requesting to take up the matter before the general body. If the response is in the negative, a special general meeting may be called by the members in writing and signed by at least a fifth of the total members of the society, giving the agenda of such a meeting. Such requisition for special general meeting shall be placed within seven days before the managing committee by the secretary to fix the date, time and place of such meeting, which shall be held within a period of one month of the date of receipt of the requisition. The meeting so requisitioned shall not transact any other business other than that mentioned in the notice for the requisitioned meeting. (Bylaws 96 and 97 of 2014 Bylaws)
A member of our managing committee has not attended nine meetings of the committee. What action can we take against her and under which section of the MCS Act?
Jyesth Varma, Tardeo
The management of the affairs of the society vests in the managing committee constituted in accordance with the provisions of the MCS Act, rules framed thereunder and bylaws of the society. Members of the managing committee volunteer to serve the society and hence are required to devote time. The committee is required to meet as often as necessary and at least once a month to discharge its functions. A person shall cease to be a member of the committee if he or she fails to attend any three consecutive monthly meetings without leave of absence.
If your committee member has not attended nine meetings without any leave of absence, she ceases to be a member. The committee shall record the fact in the minutes of its meeting and the secretary shall inform her in writing about the decision to terminate her membership. The secretary shall inform the members of the society and the registrar. Such member shall cease to be a member of the managing committee on receipt of the order of the registrar.
The secretary of our society is functioning in a highly dictatorial attitude. Other members of the managing committee are afraid to take him on. What option do I have as a member?
Ghulam Mohd Syed,
Jogeshwari
It is the prerogative of the managing committee to elect the chairman, secretary and treasurer from amongst the members. The managing committee collectively will have to pass a “no confidence motion” against the secretary in the special meeting of the committee called and presided over by the registrar or such officer not below the rank of an assistant registrar upon a notice given by one-third of the members of the committee and the motion of no-confidence is passed by the two-third of the members present at such meeting, who are entitled to vote in the election of the secretary.
Once the notice of motion of no-confidence is passed, the secretary ceases to be a member of the managing committee. The committee may fill the casual vacancy by adopting another member but it will have to elect a new secretary.
Please note that the managing committee may not be able to pass a no-confidence motion against the new secretary unless a period of six months has elapsed from the date of preceding motion of no-confidence. (Bylaw 125).
The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat. The questions, in brief, may be sent to fpjchs@gmail.com
