We have two buildings in our society. There is a dispute between the members of the two buildings. We wish to go in for redevelopment individually. Earlier there were two plots, which were merged into one. Will subdivision of the plot help? Can we subdivide the society too?
Namita Shah, Santa Cruz
Though there are two buildings in your society, the society is one and all of you are its members. The decisions with regard to redevelopment of the two buildings have to be taken at the general body of the society where members of both the buildings are present. Subdividing plot is possible by following the prescribed procedure, though it may be time-consuming. The subdivision will happen as per the FSI consumed by the existing buildings. The authorities will not allow subdivision in case there is an imbalance of FSI. You may consult an architect to understand the technicalities to get this executed.
Further, you may subdivide the existing society into two separate societies in accordance with Section 17 of the MCS Act. You may also refer to the circular dated July 30, 2004, issued by the state cooperation department. Get the feasibility report done to see what can be expected from the redeveloped project and take a decision for subdivision of the plot and society. However, please note that the numbers mentioned in the feasibility report and those quoted by the builders in the tender may vary in accordance with the commercial consideration and calculations of the builder. It would be better to resolve the issues amicably or through mediation.
Our society has 15 members. Managing committee (MC) members have been appointed from among the members who have been attending general body meetings. The AGM has been held regularly up to 2020-2021. However, our auditor has pointed out that the MC is not appointed as per the provisions of the MCS (Election to MC) Rules. What are we required to do to make the MC valid?
Sharad Bhave, Girgaum
Societies were granted extension of time to conduct the AGM for the financial years ending 2020 and 2021 owing to the pandemic. Your society has to conduct the AGM and comply with the filing formalities for the subsequent years. Since your society has not followed the election process, the auditor is also required to report the irregularity to the registrar in his report. You may also write to the registrar and offer to dissolve the existing MC and elect a new one as per the MCS (Election to Committee) Rules.
As per Bye Law 131(e) in case the entire MC intends to resign, the resignations shall be placed before the general body and such resignations shall be effective from the date of acceptance by the general body. The acceptance of resignations should be communicated to the registrar by the outgoing officebearers and the registrar may take action as provided u/s 77A of the MCS Act. The registrar may consider forming a committee of three members of the society or one or more authorised officers to manage the affairs of the society till a new committee is elected. However, the existing committee may also be allowed to continue to carry on with only routine functioning of the society, till alternate arrangements made by the registrar.
Our MC was appointed by following the due process. Unfortunately one of the members passed away. Can the committee induct a new member or will it have to follow the process of election again to fill the vacancy?
Ramesh Shelatkar, Matunga
In case of death or resignation or removal or disqualification of any member of the MC a casual vacancy is created. As per Section 154B19 (4) of the MCS Act, the MC may fill the casual vacancy by coopting another member. There is no need to conduct an election to fill the casual vacancy. Rule 74 of the MCS (Election to Committee) Rules require the committee to inform the occurrence of casual vacancy to the State Cooperative Election Authority (SCEA) and the district cooperation election officer and such vacancy shall be filled within a period of one month by nominating eligible member of the same class of members in respect of which vacancy has arisen, in a meeting which shall be presided over by an officer authorised by the SCEA.
The term of the co-opted or nominated member shall be co-terminus with the term of the MC. However, such nominated members on the committee shall not exceed one third of the total strength of the MC.
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
