In the below article we have answers some of the questions which we regularly get from office bearers and members of a cooperative society.
1. Members want election based on position (Chairman, Secretary, Treasurer etc.)
Answer: As per Byelaws and Election rules, member elect committee members. It is prerogative of the committee to decide the officer bearers.
2. Can Committee pass a resolution to remove a committee member.
Answer: Unless a committee member is eligible to be disqualified under Byelaws Section 35, committee cannot remove any committee member.
3. If a committee member is eligible to be removed under Byelaws Section 35, what steps the Committee needs to take to remove a committee member.
- To give notice in three days in advance to the member holding such disqualification, notice calling explanation as to why he should not be declared as ceased as member of the Committee
- Thereafter, if it appears that the said member of Committee has lost his qualification to be continued as member of the Committee, then, he shall be removed and declared as removed by the managing committee.
4. How to I resign from Managing Committee
A written letter to society’s address or email to official email id, could be considered as a valid resignation.
5. Resignation given by committee members requires approval of the committee
By giving resignation as the member of the Committee, he / she shall be treated automatically ceased as the member of the committee.
6. Can resignation be Withdrawn
Currently Act, Rules and Byelaws does not have a provision of revoking resignation.
Q7. What is the period of Managing Committee
As per Section 74(1C) as amended in 2015, the term of the elected members of the managing committee and its office bearers shall be five years from the date of election.
Q8. Can we reduce / increase the tenure of Managing Committee
No. Any resolution passed by committee, general body etc. for reducing / increasing the tenure of managing committee cannot supersede the Act.
9. What should be the size of the committee
Sec 74(1A): Managing committee of a society, which is not an apex society, shall consist of, such number of elected members not exceeding 21 members.
Byelaws will have exact number of committee which society can have. Refer Clause 34 of byelaws
We have seen some byelaws where a range is given for the size of the committee. Say 8 – 11 committee members. Any number between the same can be the size of committee as per resolution passed in AGM / SGM.
10. Are there any reserved seats
As per Sec 74BB of the Act, every society will have to reserve seat for women member in their committee as per below.
- One seat in a committee consisting of not more than 11 members
- Two seats in a committee consisting of more than 11 members
11. Who are Co-opted Members
There are different types of co-opted member.
As per Sec 74(1D), society shall co-opt person having experience in the field of banking, management, finance or specialization in any other field relating to the object and activities under taken by the society as the members.
12. How many members can be Co-opted (Sec 74.1D) and what are their rights
Number of Co-opted members under Sec 74(1D) shall not exceed two in addition to the twenty one members as specified in Sec 74(1A)
The Co-opted member (as per Sec 71(1D)) shall not have right to vote in any election of the society in their capacity as such members or to be eligible to be elected as office bearers of the Managing Committee.
13. Who can be officer bearer
Sec 74(1A.ii) Only elected members shall be entitled to be the officer-bearers of the managing committee
14. How to fill vacancy in Committee
If the tenure of the committee left is less than 1/2 (30 Months)
Sec 74 (1C) Managing Committee shall fill up a casual vacancy in the committee by nomination out of the same class or categories of members in respect of which the causal vacancy has arisen within 60 days from the date of such vacancy.
Such Co-opted / nominated members can continue till the end of such tenure
Byelaw 37: If the tenure of the committee is more than 1/2 (30 Months), then vacant position has to be filled by election.
15. Duties of the Officer bearers
Refer the below articles:
- Duties and Responsibilities of the Managing Committee
- Duties and Responsibilities of the Secretary
- Duties and Responsibilities of the Chairman
16. Who can be signatory in Bank account of a Society and how to decide upon the mode of operation
Bank signatories and Mode of Operations are decided by committee members by passing a resolution in committee meeting. Mostly officer bearers (Chairman, Secretary, Treasurer etc.) are Signatory in bank account.
17. Types of officers bearers and how many office bearers the society should have
- Chairman
- Vice Chairman
- Secretary
- Joint-Secretary
- Treasurer
- Joint Treasurer
The Act is silent about the number of officer bearers a society should have. Managing Committee / Society can decide number and type of officer bearers by a passing resolution for the same.
18. Who’s responsibility is to manage Petty Cash
A resolution needs to be passed in the committee meeting with
- What is the maximum amount of cash-in-hand to be held in society
- In whose custody the same shall remain.
In most cases, they are managed by the Treasurer of the society.
19. Can society do transaction with committee member
Refer Article: Related Party Transaction in Cooperative Society
In brief: No officer or servant of a society shall have any interest directly or indirectly otherwise than as such officer or servant
- in any contract made with the society, or
- in any property sold or purchased by the society, or
- in any transaction of the society except as investments made or as loan taken from the society or the provision of residential accommodation by the society to any paid employee or the society
20. Liability of Committee Members
Section 97 covers the statute for Limitation. If matters are not covered in this section, then Indian Limitation Act, 1908 will be applicable.
97.1b : When the dispute is between a society or its committee, and any past committee, any past or present officer, or past or present agent, or past or present servant or the nominee, heir or legal representative of a deceased officer, deceased servant of the society, or a member, or past member, or the nominee, heir or legal representative of a deceased member, and when the dispute relates to any act or omission on the part of either party to the dispute, be six years from the date on which the act or omission with reference to which the dispute arose, took place;
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We will keep on updating the above article as per feedback from the readers. In case you have any query, please write it in the comment below.
Gujarat Cooperative Societies 
Can adult children of share holder parent will be appoint as a Chairman, Secretary or Treasurer of the co operative society? Or we can say that other then share holder can be appointed as a key position in cooperative society?
Only a owner of property can become share holder in society. Only a share holder can become a committee member. Only a committee member can become Chairman, Secretary or Treasurer
sir, in my society there are 21 committee members and most of members are non-owner and holding position on power of attorney. Is there is any rule that non-owner can became committee members and can hold key position such as office bearers.
Only Owner of the flat / plot / bunglow can become a member of society. Only a member of society can become a committee member.
To answer your query: Non Owner cannot become a committee member except for Co Opted member (2 position). Such Co Opted members cannot take any office bearer position.
Very good details…..
Specially the point..where the definition on clarity of members defination…
My 2nd question…
What is the process of society handover from builder to society….
What documents needs to be collected…
1. As per RERA, builders are supposed to handover within 3 Months of BU which mostly do not happen. A committee is created by the developer and it is handed on paper. Thus when actual members take over, they are taking over from the committee and not developers.
2. While handover, members should take over all the documents related to
A. Land
B. Cooperative Society
C. Financial transaction from BU till handover
Can a housing cooperative society managing committee continue to work beyond 5 years or by virtue of their 5 years elapsed , the comittee work becomes null and void ?
As per clause 74 (1C) ii – The elected members of the managing committee and its office bearers shall cease to hold the office on the date of expiry of their term.
Hi, I have purchased the flat in Ahmedabad in Co operative housing society. the Chairman is not adding my number in society records. I have handed over all document related to property to her, including Index copy, AMC tax bill, torrent power in my name, i have paid society transfer fees too. What are my options?
If more then 90 days has passed after filling application, a complaint can raised with Registrar or Board of Nominee Court
i am committe member new building hand over to society so I will start maintenance bilder all ready collect 36000 in 5y
Decision of taking maintenance should be on Current income from FD (Other income) – Current level of expense. If there is a shortfall, society should start collecting maintenance.
We already gone through the process of the election to elect the chairman, secretary and Treasurer along with two committee members. So, now does it required to inform the change of committee body to the Society Registrar office or any where else ?
1. Election needs to be conducted as per election rules. Please refer article https://esocieties.in/2021/06/15/election-rule-for-societies/ for further details
2. Election is for committee members and not the post. Post is decided by committee member in committee meeting
3. Election is followed by AGM / SGM, where these results are shared with members present. If that is not the case, the same needs to be shared with member via all modes, specially to be pasted on Notice board
4. No. It is not required to share with the Registrar office.
Sir, 5 out of 6 working committee members resigned in our housing society. Only the Secretary is left. The President will be continue till the date of SGM. New working committee will appointed in the SGM. Can the Secretary continue? We want to remove him also. What is the procedure?
1. Can the Secretary continue? : Yes
2. We want to remove him also. What is the procedure?: A special General Meeting can be called. If 2/3 members present approval will be required to remove elected committee member.
2. For appointment of vacant positions, election rules need to be followed. Please refer article Election Rules for Societies
Sir, our secretary has left the society, now we dont have a secretary and everyone is reluctant to become one.
How long can we continue without a secretary
Society Byelaws has defined two roles and their duties. One is Chairman and Secondary Secretary. For functioning of society, both these vacancy should alawys be occupied.
sir whether there is any specif requirement in law for handing over the society to members of the society by the builder after completion of construction fo all houses
Sec 17 in The Real Estate (Regulation and Development) Act 2016 ( Also know as Guj RERA) clearly species that promoter is required to handover the society within 3 months of the Building Usage (BU) Certificate.
what are the requirements to follow for handing over the society by the builders as per RERA
Sir any types of members register format is available klet me know
Is there any requirement to send the elected office bearer or members list to registrar office of co-op society
No such requirement
society maintenance receipt book format if any
We advise using the receipt generated from account software only
In our society no one is ready to take the administration of society. I.e. no one wants to be a committee members or to be chairman/secretary. Present committee has given notice period of 1 month..after that they have suggested that they will entrust all administration of society to local government. Is that possible that registrar of society will run private society??
Ideally if there is no committee then it can be taken over by an administrator appointed by the Registrar. Secondly, the period of such an administrator is 6 month and can be further extended to 1 year. But the main purpose of the administrator during this period is to conduct elections and form a new committee.
So it is advisable, that members form committee on their own
The Executive Committee is in place. But office bearers take decisions without involving Committee members. They take decisions on the basis of WhatsApp group of society instead of Executive Committee.
CAN OFFICE BEARERS CAN SIGN THE SHARE TRANSFER CERTI AFTER THEY HAVE RESIGNED DUE TO COMPELETION OF TENURE IN AGM AND ACCEPCTED THE SAME IN THE AGM. WRITTEN IN THE MINITUES OF AGM WHEREIN THE PRESENT COMMITTEE IS ONLY CARE TAKER AND ELECTION FOR NEW COMMITTEEE WILL BE COMPELETED WITHIN TWO MONTHS AND POST RESULTS HANDOVER WILL BE DONE…
1. The election process of the new committee has to be initiated 1 month before the existing committee tenure is coming to end.
2. As per your question. they can conduct all operational matters till time the new committee is formed
What to do if only office bearers take the decision without involving and consulting Committee members.
1. Take this issue in next committee meeting
2. If still they follow the same proces, office bearers can be changed by 3/4 Majority of committee members
can committee and general body meeting pass a resolution to allow road from comon ground for benefits of some members
General Body can approve resolution allowed under law. Incase any member has any issue, they can approach Board of Nominee Court
Can a former member of society who has already resigned from their position (tower representative, secretary, treasurer, president) nominate themselves again for election to any post? 🤔
Resigned committee can reapply for vacant position if he is still a member of society
we have registered our society as cooperative service society last year. Can we de-register or remove registration?
Sec 20 of Gujarat Cooperative Societies Act talk about Cancellation of Registration.
“The Registrar shall make an order cancelling the registratin of a society if it transfers the whole of it assets and liabilities to another society, or amalgamates with another society, or divides itself into two or more societies or if its affairs are wound up or it has not commenced business within a reasonable time of its registration or has ceased to function”
Either of the above conditions needs to be fulfilled.
Can the managing committee take a decision to award contract worth 2lakhs for termites treatment due to severe infestation without general body approval.
If SGM needs to be called, and if there is no quorum after 30 minutes of scheduled time, can the resolution be passed by present members.
At the start of the year if the committee has already kept the budget approved from members, then no further approval is required. If not, then approval can be taken from members via SGM. In SGM, if quorum is not present at the date and time, the meeting has to be rescheduled by half an hour. After half an hour, members present become quorum and they can take all decisions.
sir I m Dhaval Patel,
if 6 members out of 11 member in co op ho.society ,resigns,rest five member can run the business as usual?what should be done to call out EGM?
Depending of period of existing committee, vacant possition needs to be filled in 60 days
in regd hsg. Society, during redevelopment process, chairman/secretary of society is not following rules of housing societies and sign MOU of redevelopment without calling Special General Meeting( for free discussion amongst members of terms of MOU), what action should be taken.
Such MOU is enforceable in court of law by society against builder though it is signed without valid mandate to sign( chairman/secretary has no power to sign such MOU without consent of General Body meeting.
Such decision related to redevelopment needs to go through SGM
My flat is a penthouse on top floor with bigger area(almost double) then the flats on lower floor in surat.
can society demand maintenance or reserve fund based on sq ft (area) or only as a single unit flat?
kindly note that the dastavej is of only a single flat