What Are The Powers , Duties And Functions Of Managing Committee In Housing Society?

January 28, 2018

The Secretary,

Saket CHS Ltd.

Thane.

Dear Sir,

The way the Office bearers have been functioning over the past 18 months, disregarding members of the Managing committee, hiding information from them, behaving that they are supreme and own the society and only they are right and only their opinion is right - I feel that the time has come to educate everyone about the Powers, duties ad functions of all the Managing committee members.

Hence this post.

What Are The Powers , Duties And Functions Of Managing Committee In Housing Society?

Subject to the directions given or regulation made in the meeting of the General Body of the society, the committee shall exercise all powers expressly conferred on it and discharge all functions entrusted to it including:-

1.   To consider acceptance of deposit and raising of loans {Bye-Laws No. 11}

2.   To consider and recommend to the meeting of the General Body, the rates of contribution to the Repairs and Maintenance Fund and Sinking Fund{Bye-Laws No. 13(a) and 13(c)}

3.   To consider all matters relating to the creation, investment and utilization of the repairs and Maintenance Fund, Reserved Fund and Sinking Fund{Bye-Laws Nos. 12(i) and (ii), 14 (a),(b) and (c ), 15}

4.   To consider and decide the resignations received from members, associate members and nominal members{Bye-Laws Nos. 27 to 30}

5.   To ensure that nominations and revocations thereof recorded in the minutes of the meeting of the committee{Bye-Laws No.33}

6.   To take action on the report of the secretary on inspection of the flats{Bye-Laws No. 48 (b)}

7.   To take action on cases of cessation of membership, including associate and nominal membership{Bye-Laws No. 61}

8.   To consider and decide the applications for various purpose/s received by the society{Bye-Laws No. 65}

9.   To consider and decide cases of refund of shares and interest in the capital/ property of the society where the shares and interest in the capital/property are acquired by the society{Bye-Laws No. 66}

10.    To fix the rate of insurance premium in respect of commercial use of the flats{Bye-Laws No. 69 (a) (xi)}

11.    To fix in respect of every flat the societies charges on the basis of the proportion laid down under the bye-laws 69(a) {Bye-Laws No. 69 (b)}

12.    To receive the  position of recovery of the charges due to society from members and to initiate action against defaulting members{Bye-Laws No. 71}

13.    To verify compliance of the provisions relating to charging of interest on defaulted charges of the society{Bye-Laws No. 72}

14.    To authorize a member of the committee to attest deed of conveyance, share certificates and any other documents to which the seal of the society is affixed{Bye-Laws No. 74}

15.    To issue letters of allotment of flats to those who have purchased flats from the Promoter/builder{Bye-Laws No. 76(a)}

16.    To ensure holding of every annual meeting of General Body within the prescribed period{Bye-Laws No. 95}

17.    To ensure that all maters required to be considered at an annual meeting of the General Body are kept on the agenda of the meeting{Bye-Laws No. 96}

18.    To call a special meeting of the General body when required{Bye-Laws No. 97}

19.    To arrange for election of a new committee prior to the expiry of the period of the existing committee. {Bye-Laws No. 116 (a)}

20.    To elect office bearers of the society{Bye-Laws No. 126(a)}

21.    To ensure that the meeting of the committee is held once in a month{Bye-Laws No. 128}

22.    To fill in vacancies of the committee{Bye-Laws No. 129}

23.    To consider resignation of a member of the committee{Bye-Laws No. 131}

24.    To consider resignation of a office bearers of the society{Bye-Laws No. 132 (c ) (d)}

25.    To obtain securities from the paid employees of the society{Bye-Laws No. 148}

26.    To approve the audit rectification reports of statutory and internal audits and to forward them to the authorities concern{Bye-Laws No. 154}

27.    To execute deed of conveyance of the land and Building/s thereon{Bye-Laws No. 155(b)}

28.    To take step to maintain the property of the society in good condition and to carry out repairs to it and renewals thereof{Bye-Laws No. 156 and 159}

29.    To ensure the property of the society{Bye-Laws No. 161}

30.    To suggest to the General Body meeting the rates of penalty for breaches of Bye-laws and to issue show cause notice{Bye-Laws No. 166}

31.    To regulate operation of lift of the society{Bye-Laws No. 168}

32.    To suggest to the meeting of the General Body the games to be allowed to be played in the compound of the society{Bye-Laws No. 169}

33.    To consider and decide any other matter provided under the Act, the rules and the Bye-laws of the Society but not expressly indicated herein above.

Regards,

 

Dayanand J. Nene

[Political Activist and Analyst]

Bharatiya Janata Party

Consumer Protection Service Council

Alert Citizens Forum of India

88795 28575 / 90040 28575