Skip to main content

Right of Member for records of Society - Maharashtra - MCS Act

Many a Members read the bye law, without understanding of the law - the MCS Act and demand the Commitee to produce the records, at their Whims! Can't undestand that the ordeal that is faced by the
MC. Most of the MC Members are professionals with diverse field and having join the Commitee to do their best to the collective interest of the Society and the spirit of cooperation. They cant be expected to be versatile with the law and even if so the time and bandwidth to respond to such members.

Thanks to the technology, often used than use, Members demand that the documents be shown to them at their behest the very next day or even at times walk out to the Office demanding to be shown the records.  More ofeten, they dont even set out what exactly they want to See.

Simple reading of the MCS Act and the Bye Laws in a harmonious objective will make things clear

MCS Act - Section 32

Right of Members 

  1. To get Maharashtra Co-op. Societies Act 1960 Rule 1961 and Registration copy of the society by-laws.
  2. Copy of Audit Report.
  3. List of members
  4. Registration book of member. (I and J form)
  5. Minutes of the managing committee meeting.
  6. Minutes of Annual General Body meeting and special general body meeting
  7. Copies of the account in which such members’ transaction are recorded.
Bye Law 23 

(a) A Member shall have right to inspect free of cost books, registers, documents, etc., as provided in Section 32(1) of the Act and get copies of the documents as provided under Section 32(2) of the Act and get copies of the documents as provided under Section 32(2) of the Act, on payment of the fees prescribed under the byew law No.172

(b) A Member shall be entitled to receive a copy of the Approved Bye-laws, Audit Report of the Society, on payment of charges prescribed thereof.


Hence a Member's right to inspect records are limited to the provisions of Section 32. Not Many members are aware of this simply cite Bye Law 23 and claim unrestricted rights of gte crashing in the office for demanding records that their whims require

The Federations should be raising the awareness of its consittutent societies and also the members at large with sessions.

Of course there are federations doing this initiative at periodical intervals but hardly the members find it convenient to get educated




Comments

Post a Comment

Popular posts from this blog

MCS MAHARASHTRA COOPERATIVE HOUSING SOCIETY BYE LAWS 101 TO END

MCS BYE LAWS CONTINUED FROM PREVIOUS POST 101 TO END 101. If all the business on the agenda of the General Body Meeting of the Society cannot be transacted on the day on which the General Body Meeting is convened, the meeting shall be postponed to any other suitable date as may be decided by the Members present at the meeting, however not later than 30 days from the date of the meeting. 102. The Chairman of the Society shall preside over all General Body Meetings of the Society, in case if the Chairman is absent or if present and is unwilling to preside, the Members present may elect a person from amongst themselves to preside over the meeting. 103. No proxy or a holder of power of attorney or letter of authority shall be eligible to attend a General Body Meeting of the Society on behalf of a Member of the Society. 104. Voting right of a Member and the Associate Member of the Society shall be regulated in accordance with the provisions of Section 27 of ...
4 comments
Read more

MCS ACT: Encroachment /usage of Common Area by Flat Owners - Highlights of bye laws and the role of MC/General Body

The Managing Committee has to read the bye laws in harmony and adopt a standard process as approved by the General Body   Almost Every Society has conflicts or even fist fights on usage of common areas, especially the parking, the passage outside the flats and other areas meant for east of movement and common utility. As a Building lay out, and common areas differ accordingly to the size/class of buildings and also the category of flats , it is essential to review the relevant bye laws and formulate a policy with uniform norms and permitting fair use. What is permissible and fair use again depends on the unique size and design of a building, it is imperative to evolve a robust policy post deliberations at a General Body of Members.  Bye Law No 165. Penalties for breaches  Bye Law No 165(a)  The meeting of the General Body of the Society may prescribe penalties for different breaches of the Bye-laws of the Society. The Secretary of the Society, under instruct...
1 comment
Read more

PoSH Act: ICC of the Employer of the Complainant (Victim) is also empowered to conduct enquiry -Path-breaking Ruling by the Hon'ble Supreme Court

 KEY POINTS BY LAWSHASTRA - FULL JUDGEMENT APPENDED BELOW   This path-breaking judgement by the Hon’ble Supreme Court, has well enunciated the objectives of the VISHAKA Guidelines and the PoSH Act, while spelling out the jurisdictional aspects of the “Employer” Crystal clear.  Precisely, the jurisdictional challenge by the Appellant in the present case, inter alia relates to whether the Internal Complaints Committee (hereinafter referred to as “ICC”) constituted at a certain Department of the Government of India can entertain a complaint under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter referred to as “POSH Act”) against the Appellant who was working at a different Department of the Government of India at the relevant time.  Key Points for reference   PoSH Act. (extracts) Section 2(a)  “(a) “aggrieved woman” means -  in relation to a workplace, a woman, of any age whether employed or n...
Post a Comment
Read more