Sunday, 26 February 2012

Duties & Responsibilities of Chairman


Duties & Responsibilities of Chairman is as follow :-
  • The Chairman or President is a top person in the Managing Committee[MC].
  • He/She is over all supervisor of the Society.
  • He/She has to keep eye watch on complete function of the Society.
  • The Society has to give services as per object of the Housing Society for which it is registered as per Co-op. Law. If any malfunctioning then he/she is responsible for the same and answerable.
  • Chairman has Final Decision Power. Without his/her knowledge decision cannot be taken.
  • He/She is one of the signatory for Bank operation out of Joint Authority.
  • Chairman of the Society shall preside over all meeting of the MC AND ALSO AGM/SGM.
  • Every member has one vote but chairman is having decision vote i.e. 2 vote.
  • Chairman shall see that all records are maintained for management of the Society.
  • Chairman should see that audit of accounts of Society is done on time at each year and AGM is held every year on or before 14th August after audit.
  • He/She has to arrange welfare activities from time to time to keep good relations among all members.
  • He/She has to take initiative to hold meeting or order to Secretary to arrange MC  meeting every month.
  • In emergency the Chairman is entitled to exercise any of the powers of the MC.
  • Any such action taken by the Chairman has to be ratified by the MC in its next meeting.
  • Chairman post can not be vacant.
  • If Chairman give resignation or remove from his post by passing a no confidence resolution by SGM/AGM  then it is consider that all member of MC has given resignation or remove from their post. Society then take Election for new MC.

43 comments:

  1. Chairman of my society got very upset and was complaining over and again because due to a serious medical emergency we woke him up in the middle of the night at 2.30 am. I live on 10th floor in a society. On 10th December 12, around 1.30 am the electricity of entire building was gone and the lift which always has a power back up, could not be on. That time itself I felt breahlessness, chest pain and uneasyness and i was to rush to nearby hospital for ECG. Lift, intercom all were not working. Watchman was not picking up the phone so I rung up the chairman. Instead of any kind of assistance, he, then n there started accusing me for waking him up. I said sorry n kept the phone. Next day he met me near the lift and again started accusing for waking him up. I again clarified it that under severe medical emergency I called him up at that time so that lift could be on / he could contact someone o make the lift on but he continued the same and talking ruthlessly that i shuld take a house on 1st floor / he is not in social service to serve society people and he is chairman but not paid etc etc. I just want to know that apart from huminitarian grounds, is chairman can be contacted for this issue which I have face and suffered? Does it come under his duties? If the lift was off for 2 bhours n caused me so much of trauma, panic n inconvenience then is it wrong to wake the chairman of the society? Please guide?

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  2. Yes, sir it is duty of chairman & other committee member to help you in the emergency. As per Model Bye-Laws No. 161 [B]. You can make complaints to registrar of society. You can also file case against chairman & committee member in co-operative court & consumer court.

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  3. Dear Sir,
    Can the chairman of the housing society resign just by informing all members through a circular or notice, without a general body meeting? As i dont want to continue as chairman due to my ill health,can this be treated as valid resignation.Is their any rules for the chairman's resignation.

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  4. Chairman can send his/her resignation to Hon. Secretary of the society. Secretary has to place this resignation in the next Managing Committee Meeting of the Society. After approval of the resignation it is duty of secretary to inform the other member of society about this resignation.

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  5. sir our building comprisises of two wings A wing and B wing and each wing has 20 flats and we have common terrace. Terrace has two entry gates from a wing and b wing respectively and keys are with A wing and B wing top floor owners respectively anyone from our society take the key and go up and misuse terrace like children smashes bulbs any1 go up and shut down all the walls of pipelines which causes shortage of water and cut wires of internet connections or cable.SIR CAN WE DO ANYTHING ABOUT THIS IS THERE ANY RULE ABOUT USING THE TERRACE AND IS IT POSSIBLE TO KEEP THE KEYS WITH US AS MY DAD IS THE CHAIRMAN OF THE SOCIETY

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  6. yes MC can make rule regarding use of terrace and their charges. Rule should be pass in the AGM of the society. Any MC Member can keep the key of terrace but you should inform all the member from where to collect the key

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  7. संस्थेच्या इमारतीच्या पुनर्विकासाबाबत : सहकार पणन व वस्त्रोद्योग विभागाच्यावतीने पुनर्विकास नियमावली प्रसिद्द झालेली आहे. शासन निर्णय : सगृयो/२००७/प्र.क्र. ५५४/१४-स, दि.३ जानेवारी २००९ प्रसिद्द झालेला आहे. या नियमावलीच्या आधारे संस्थेच्या इमारतीचा पुनर्विकास केल्यास कोणाचीही फसवणूक होणार नाही याची मला खात्री आहे.

    याचा अवलंब न केल्याने आमच्या कोलोनी मधील सात संस्थांचे नुकसान झालेले आहे. पुनर्विकासाबाबत शासनाची नवीन नियमावली प्रसिद्द झालेली असल्यास, ती या ब्लोगवर प्रसिद्द करावी. व ९७ च्या घटना दुरुस्ती करून नवीन कायदे अस्तित्वात आले असल्यास ते सुद्धा प्रसिद्द करावेत.

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  8. Still their is no further GR issues for Redevelopment apart from 03/01/2009 which is posted on my blog.
    Regarding the 97th Constitutional Amendment in the Co-operative Societies Act and its long term impact On Housing Society I will post this in this blog in 7 -10 days.

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  9. good mrng sir,
    i am resident of nashik city.i am new member of sosciety.chairman has refused us to sign over NOC while purchasing house.but our advocate did that from registrar.now yesterday CM & other members called us down started conflicting with us that ur registration is fraud,u did not asked us before purchasing house etc....
    kindly answer me that does CM & member holds this right to accuse us?they are not offering us NOC.
    does other member than chairman holds right to accuse us in this fashion?

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  10. This comment has been removed by the author.

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  11. On the grounds of cheating/mistrust can an elected chairman of an housing society be removed ??

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  12. Dear Sir,

    A rule implemented by an MC in our society is causing inconvenience. How can this be handled?

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    Replies
    1. you can inform the MC about this and ask your society Complaint Redressal Committee to take decision. You can also point out this in AGM /SAGM or inform you area Dy. Registrar of C.S.

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  13. If any managing committee member is not maintaining discipline in the MC meetings and shouting in that circumstances wt are Chairman's powers under the byelaws or act or rule?

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    Replies
    1. Secretary can issue notice to this member regarding this behaver in MC Meeting in written and give copy to registrar . If next time he do this then ask registrar to expel/ remove this member from MC.

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  14. we are new office bearers of MC and in the past some loo poles are there in the minutes of the meetings as recorded some are typed and sign and handwritten but not signed pl advice can v take this matter to the registrar?

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    Replies
    1. What you Auditor do ? Is Auditor do not check MC Minutes and sign at the end of every minutes? if not then change the auditor he/she is not doing audit properly. Taking this matter to registrar will not help you so much instead of that confirm the all minutes in you AGM /SAGM this will more helpful.

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  15. i have a flat in a coperative housing society. and now i am willing to seel my flat. for wich i have asked my society to give me required documents like societ regwstration cerificate copy and related documents requierd for bank loan of the person taking the flat.but the chairman is interfering in our deal and not letting anyone in society to provide any documents.the society under pressure of chairman not allowing to give any documents saying society is not bound to give any documents. as a member what actioin can i take pl help

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    Replies
    1. First ask buyer to give you list of document required by their bank for loan then give written application to your Secretary regarding following document required. Like Society Reg. Certificate, Approved Plan, Property Tax Bill , Property card OR 7/12 and other document required by Bank. If secretary do not provide this document in 7 days OR not accept your application then complaint to Dy. Registrar of C.S in your area. Ask Dy. Registrar of C.S to provide this document to you from society under RTI

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  16. I stay in Pune, for some issues raised by members of the society and things getting personal. The big ego chairman and secretary has resigned and their letters has been sent to the dy. registrar. Now he has refused to sign the cheques and make payments to watchmen, water supplier. His excuse is that he has resigned since month of june end and is not authorized to do make payments. There is no chairman and secretary or until the Dy. registrar makes some decision. The society members are facing problems of water, no generator backup and many more. Can you please suggest if its the chairman's duty until new chairman is elected by dy registrar? what legal action can be taken against him if he is not co-operating.


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  17. Resign letter of Chairman & Secretary has to approve by AGM or MC. Chairman & Secretary can not send the resign letter to Dy. Registrar. C.S. If AGM or MC do not approve this than they can hold office.

    Chairman & Secretary has resign from only the post of chairman & secretary only or they resign from MC member also. If they resign from only the chairman & secretary post then you can elect the new chairman & secretary form MC member. If they resign from both chairman &secretary as well as MC post then you can co-opt the 2 member as MC member for remaing period of current MC and select Chairman & Secretary. Ask this old Chairman & Secretary who resign to hand over all the document and other things to new elected chairman & secretary.

    Still hand over process done they have to to sign all nacessary payment chq. like electricity bill, water bill, property bill salary of staff. But they do not start any major repair work or new work.

    if they submit M-20 bond then you can take legal action against them is they are making lose to society. OR if they not submit this bond then also you can take legal action them u/s 73 of MCS Act.

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  18. Hi Visariya,
    Wanted to check 3 of the 5 committee (ex President and Treasurer) members has resigned. By the time new members are elected by calling EGM, President is issuing letters to the resigning members accusing several allegations without consulting anybody and is also refraining Secretary (resigned) to perform any function.
    As per my understanding:
    - Secretary continues to function till new team is elected
    - all letters issued by President later has to be ratified by the committee Appreciate your views on the same. What can we do if we disagree on points raised on the letters already sent by him. Do those letters become null and void.

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  19. You can not call EGM and elect new members. Election is done by State election Committee only. Till that time old committee has to continue. If you elect new member with out written permission of Dy. Registrar C.S. in you area than it is null & void. If any wrong things is done then old committee will face the problem. Registrar will appoint and Authorise Officer and recovery all money from old committee. So this new MC committee is Null & void. Old committee has to continue till the time of election.

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  20. What is the procedure to remove / passing no confidence resolution against chairman of the society? Is re-election is must post resignation or removal of the chairperson?
    what action can be taken and under which section if above procedure is not followed?

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  21. In MC meeting agenda you have to write Passing no confidence resolution against chairman. After that in meeting MC, MC member has to prove with evidence and pass the resolution. After that you have to inform the Registrar of C.S. to conduct the election through State Election Commission. Since now any co-operative society election can conduct by State Election Commission.

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  22. sir i live in navi mumbai, our society is demanding some documents like tenant rent aggrement, car registration documents, photo, pan card to issue parking steaker and forcing us that if documents will not be submitted parking steaker will not be issued and the car will not be allowed to park inside the building even at the parking of tenant. i have an objection in submitting the pan card and car registration paper bcoz there are irrelevent documents. what should i do? is society can make any rule to harrase the tenants?

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  23. i am live in bhayander thane our society registered in 1998 our one society member not pay maintenance charges up to know
    how can we collect maintenance charges
    he will give the shop to one rent tenet
    how collect charge

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    Replies
    1. Firstly, sorry for late reply as I am on vacation.
      To recovery the maintenance charges from member file Case U/S 101 for recovery of dues before Dy. Registrar of Co-Operative Society. You can get the format from vasai housing federation. If Member give his shop on rent then ask for register leave and license agreement copy and police verification of tenant from local police station. If he has not register his leave and license agreement before sub registrar of assurance then inform the collect of stamp thane city, collector office, Thane-400601 regarding same. If police verification is not done then inform local police station that some unknown person is doing the business in you society kindly vacant the place and take charge of the place.

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  24. We are a new soceity of only 53 members, however since the half of the flats in the building is still unsold, we do not have enough people to fill the post of MC. Since Nov. we had a new co-opted committee of 4 members, and now one of the member is resigning, can the new committee continue to funciton, or do we need to co-opt another member? and if no replacement is found does it mean we need to go to the Registrar? please advise. thanks.

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  25. Firstly, sorry for late reply as I am on vacation.
    Inform the registrar to conduct the election of your society.

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  26. Can you please explain in details the process of removing the chairman of a co-op housing society from office for a co-op housing society in Mumbai

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    Replies
    1. I am interested in understanding the process of passing a no-confidence motion against the chairman. Thanks.

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    2. On what basis you want to remove chairman . Please explain reason then i will inform you process.

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  27. Well our society is going in for redevelopment and this chairman is unnecessarily delaying matter, not attending meetings, trying to extract more funds from the builder and none of the members are happy with him and want him out of office.

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  28. It shows you are not followed the guideline issue by Co-operation Department on 03/01/2009. which is available on http://housingsocietymaharashtra.blogspot.in/2011/07/gr-for-redevelopment-dated-03012009.html
    Once you follow this guideline then their is no scope of Managing Committee Member to take undue advantage.
    Remember that registrar will ask you Have you follow the guideline of our department ? when you go for approval for no-confidence motion.

    The process of removing chairman by no-confidence motion.
    1. 2/3 member out of total member of society has to sign the letter of no-confidence motion and give it to Secretary and ask him/her to call SAGM regarding this
    2. You have to give written reason regarding no-confidence motion against chairman with valid proof. This is in 2 copies.
    3. Secretary will send one copy to chairman and ask him/her to give clarification on this in SAGM.
    4. If SAGM is not satisfied with the reasons given by chairman then take voting and pass resolution.
    5.This resolution copy along with agenda of SAGM Notice & minutes of SAGM send to Dy. Registrar of C.S. Office for approval.
    6. After approval of Registrar you can remove the chairman and elect new chairman.

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    Replies
    1. Thanks for the details. Really appreciate that.

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  29. hello,
    i have a query if anyone can help me out.

    I am one of the flat owner in the cooperative society which is located at andheri mumbai, its been 6 years soceity has never formed meetings and chairmen has a entire hold in the soceity,she gave her flat for lease and residing in same localty,, but does not want to resign from her post.on top she asking for 4 lakhs which she has given for building repair fund but no were in the records. all the soceity document is with her

    as we have formed new Managing committe and chairmen & secretary, in this case what if we go to registar,,willl it be helpful?

    please write your views and advice

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    Replies
    1. First you have to inform all details of your case to Dy.Registrar of C.S. in written. You have to also inform him about new committee details and ask him to pass the order to hand over all statuary reports , files and documents by old committee member to new committee member. If audit report shows that x- chairman give Rs. 4 lakh rupees to society as loan for repairing then society has to refund it.

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  30. This comment has been removed by the author.

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  31. Hello, our society had been run by a provisional committee since it was handed over by the builders. Its more than 4 years and no election has been held so far in the society. We have around 80 flats and 9 municipality water connections. But the office bearers recently started purchasing tanker water of Rs. 1.5 Lakh every month without any budget approval and monitoring system. For the tanker water, the society was charging every members Rs.700 - 800 every month extra which is disproportionate and a sort of extortion. We made formal complaints with the society to install water meter to monitor the water procurement in the society. But it was denied without giving any strong reason. It appears that there is a close nexus between office bearers and the local water mafia supporting the water scam in the society. Based on our complaints, an SGM was called and all the office bearers resigned together but they continued to remain as care taker till the election is held by the Dy. Registrar. They insisted that the election has to be help by the Registrar office only. Presently election is stopped and there is not chance of election before 2015 January. Therefore, It was a ploy to continue to carry out the scam. We then came to know that one office bearer is not even member of the society. We made formal complaints with the Dy. Registrar with giving all details and evidence. By the water procurement figure, we are supposed to get more than 1000 Liter water per flat per day excluding the water supply from the 9 Municipality connections. But we were getting only one hour water supply. We made the complaints with the Dy. Registrar in October 2014. But the Dy. Registrar office was not taking any action. We followed up so many times with the concerned persons and had a couple of visits with the Dy. Registrar. It took more than 4 months to issue a notice to appoint an administrator in the society. But they didnt take any action to make any inquiry regarding our complaints. After so many follow ups, the Dy. Registrar office appointed an administrator. When the administrator came to take charge, he was not given charge by the office bearers. Instead, they mislead the members by saying that the appointment of administrator would cause huge unwanted expenditure and problems for the society. It would also down the property rate of the society. Some of the members got panic by the developments and distorted information by the office bearers. The office bearers then approached the Dy. Registrar using the influence of the local political leaders and water mafia to change the order of the appointment of the administrator and they proposed three names for the appointment. This would help them to cover up all the financial irregularities took place during their time. The Dy. Registrar changed the order the very next day accordingly and appointed one president and two members out of their proposed names. It was also revealed that the care taking office bearers broke more than Rs. 5 Lakh of FDs of the society even after their resignation. It is very clear that Dy. Registrar office was compromised and the new appointed president and members would again start the same water scam causing huge financial loss and problems for us. Should we apply for 83(A) inquiry as the local level inquiry could lead to clean chit to the office bearers going by the approach of the Dy. Registrar office so far. Dy. Registrar office took more than 4 months only to appoint an administrator to replace a provisional committee all of whom have already resigned and acting as care taker only. And the appointment order of the administrator was changed in one single day replacing the administrator by the proposed names of the care taker committee. It is obvious that the local level inquiry would also be changed in favour of the committee to cover up all the scam by the care taker office bearers. The dy. Registrar office is totally supporting the office bearers for some unknown reason. Please suggest us how to handle the situation

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    Replies
    1. In you case best option is you all member can file case in Co-operative Court against you old committee, care taker committee , water Mafia and Dy. Registrar. Ask court to take election for new committee and what ever amount of fraud for water scam done by old committee, care taker committee full recovery from that committee member.

      Co-operative court is the best options for you since from you post it observed that Dy. Registrar is also having some interest in your water scam.

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