Powers of the Managing Committee

   25-05-2019 -       UMESHCHANDRA YADAV -       no comment.

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1. What is the Power of the Chairman of the society?

Ans: The Chairman of the Society shall have the power of overall superintendence, control and guidance in respect of management of the affairs of the society, within the frame work of the MCS Act. 1960, MCS Rule, 1961 the rules and the bye-laws of the society. In case of any emergency, the Chairman of the society may be competent to exercise any of the powers of the committee. However, while doing so he shall record the reasons there of in writing. Any decision, so taken by the chairman of the society shall, be got ratified in the next meeting of the committee.

2. What is the Function of Secretary of the society?

Ans: The Function of the secretary of the society shall be those mentioned below:

1. To issue share certificates to members within the stipulated period and the prescribed manner.

2. To deal with resignations from members, including associate and nominal members.

3. To enter nominations and revocations thereof in the Nomination Register.

4. To inspect the property of the society.

5. To issue notices regarding repairs to be carried out in flats.

6. To deal with cases of expulsion of members.

7. To deal with cases of cessation of membership, including associate and nominal membership.

8. To deal with the applications for various purposes received by the society.

9. To prepare and issue demand notices/bills for payment of the society’s charges.

10. To bring cases of defaults in payment of the society’s charges to the notice of the Committee.

11. To issue letter of allotment of flats.

12. To issue notices and agenda of all meetings of the general body.

13. To record the minutes of all the meetings of the body.

14. To call the first meeting of the newly constituted Committee.

15. To issue notices of all the meetings of the Committee.

16. To attend meetings of the Committee and to record minutes thereof.

17. To maintain account books, register and other records, unless otherwise decided by the Committee.

18. To finalize account of the society in the required manner.

19. To produce records of the society before different authorities concerned with the working of the society with the consent of the Chairman.

20. To prepare the audit rectification reports in respect of audit memos received from the Statutory and Internal Auditors.

21. To bring breaches of the bye-laws by the members to their notices under instructions from the committee.

22. To discharge such other functions under the MCS Act, 1960 the MCS Rules 1961 and the Bye-laws of the society and directions of the Committee and the general body meetings, as are not expressly mentioned hereinabove.

23. To place the complaint application with facts, before the Committee, in the coming meeting.

3. What is the Power of the Chairman of the society?

Ans: The Chairman of the Society shall have the power of overall superintendence, control and guidance in respect of management of the affairs of the society, within the frame work of the MCS Act. 1960, MCS Rule, 1961 the rules and the bye-laws of the society. In case of any emergency, the Chairman of the society may be competent to exercise any of the powers of the committee. However, while doing so he shall record the reasons there of in writing. Any decision, so taken by the chairman of the society shall, be got ratified in the next meeting of the committee.

4. What is the Powers and function of the Committee?

Ans: Subject to the Bye-laws 113, the committee shall exercise the power and discharge the functions and duties as mentioned hereunder:

1. To consider acceptance of deposits from members and rising of funds.

2. To consider and recommend to the meeting of the general body, the rates of contribution of the Repairs and Maintenance Fund and the Sinking Fund.

3. To consider all matters relating to the creation, investment and utilization of the Repairs and Maintenance Fund, Reserve Fund and Sinking Fund.

4. To consider and decide the resignations received from members, associate members & nominal members.

5. To ensure that nominations and revocations thereof are recorded in the minutes of the meetings of the Committee.

6. To take action on the report of the Secretary on inspection of the flats.

7. To take action on cases of cessation of membership, including associate and nominal membership.

8. To consider and decide the applications for various purposes received by the Society.

9. To consider and decide cases of refund of shares & interest in the capital/property of the Society where the shares and interest in the capital/property are acquired by the society.

10. To fix the rate of insurance premium in respect of commercial use of flats.

11. To fix in respect of every flat the society’s charges on the basis of the proportion laid down under the bye-laws 69(a).

12. To review the position of recovery of the charges due to the society from the members and to initiate action against defaulting members.

13. To verify compliance of the provisions relating to charging of interest on defaulted charges of the society..

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.

15. To issue letters of allotment of flats to those who have purchased flats from the Promoter (Builder).

16. To make available papers of the society for perusal if asked for by the members.

17. To ensure holding of every annual meeting of the general body within the prescribed period.

18. To ensure that all matters required to be considered at an annual meeting of the general body is kept on the agenda of the meeting.

19. To call a special meeting of the general body when required.

20. To arrange for election of a new Committee prior to the expiry of the period of the existing committee.

21. To ensure that after elections new committee is duly constituted.

21. To ensure that after elections new committee is duly constituted.

22. To elect office-bearers of the society.

23. To ensure that a meeting of the committee is held once in a month.

24. To fill in vacancies of the Committee.

25. To consider resignation of a member of the Committee.

26. To consider resignation of an office bearer of the society.

27. To obtain securities from the paid employees of the society.

28. To approve the audit rectification reports of statutory and internal audits and to forward them to the authorities concerned.

29. To execute deed of conveyance of the land and building / buildings thereon.

30. To take steps to maintain the property of the society in good condition and to carry out repairs to it & renewals thereof.

31. To insure the property of the society.

32. To suggest to the general body meeting the rates of penalties for breaches of bye-laws and to issue show cause notices.

33. To regulate operation of the lift of the society.

34. To suggest to the meeting of the general body the games to be allowed to be played in the compound of the society.

35. To consider and decide any other matters provided under the MCS Act 1960, the MCS Rules 1961 and the Bye-laws of the society but not expressly indicated herein above.

36. To regulate parking in the society 37. To ensure that the society is affiliated to Housing Federation and its subscription is regularly paid.

38. To take the decision on the complaint application in the managing committee meeting and inform the concerned member of its decision accordingly.

39. To enter into contract with the Architect of the society

40. To scrutinise the tenders, received for construction work and to submit the same along with Committee’s report to the meeting of the General Body and to enter into contract with the contractor.


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