SPECIMEN RESOLUTIONS
(A) SPECIMEN RESOLUTIONS FOR GENERAL BODY MEETINGS
1. To increase the contribution towards the service charges by Rs. 50/- ( Rupees Fifty Only).
2. To collect the proportionate increase of the Property Tax amount.
3. To increase the contribution towards the Common Amenities Fund from Rs._______ to Rs __________.
4. To approve the unaudited Statement of Accounts for the C-operative Year 1999-2000.
5. To approve the Statement of Accounts duly audited by the Society’s Statutory Auditor M/s. _________________________ & Co. for the Co-operative year 1999-2000.
6. To appoint Statutory Auditor for the Co-operative Year 2000-2001.(Specimen resolution whereby the power is delegated to the Managing Committee to appoint the Statutory Auditor).
7. To appoint an Internal Auditor for the Co-operative Year 2000-2001.
8. To decide the basis of sharing leakage expenses .
9. To authorize the Managing Committee to incur expenses on major repairs and renovations not exceeding Rs. ___________/- (Rupees _______________ Only).
10. To collect an amount of Rs. ____________/-(Rupees _________________ Only).per sq. feet carpet area for major repairs and renovations.
11. To allot parking slots to members.
12. To charge Non Occupancy Charges from members who have sub-letted their flats.
(B) SPECIMEN RESOLUTIONS MANAGING COMMITTEE.
1. To read and confirm the minutes of the Managing Committee held on / / 2000.
2. To approve the expenses from ________ 2000 to _________ 2000.
3. To share 1/3rd expenses pertaining to leakage and to carry out repair work with regards to the leakage from Flat No. 501 to Flat No. 401 ( The expenses not to exceed Rs. 6,000/-) (Rupees Six Thousand Only).
4. To submit an application for extension of time to hold the Annual General Body Meeting of the Society Six Thousand Only).
5. To appoint Statutory Auditor to audit the accounts of the society.
6. To appoint Internal Auditor to audit the accounts of the society .
a)
b)
7. To appoint an Accountant to look after the accounting work of the society .
a)
b)
8. To appoint a Manager to look after the day to day work of the society .
9. To issue notices to defaulters.
10. To initiate legal action against the defaulter Shri X.
11. To approve the Statement of Accounts for the year 1999-2000.
12. To appoint a person to complete the Statutory Registrars of the Society .
13. To appoint the Returning Officer to conduct the Elections of the Society for the period _____________________________ .
14. To invest an amount of Rs. ______________ (Rupees ___________________Only) in Fixed Deposit with X Bank, Y Branch for a period of _______ years.
15. To initiate expulsion proceeding against MR. X
16. To Discuss about adoption of Model Bye-Laws.
17. To discuss, decide and approve the transfer of flats in the following case .
18. To record the nomination of Flat in the following cases:
19. To admit Shri X as a member of the Society in place of Late Shri A who has been the member of the Society .
a)
b)
c)
20) To call a Special General Body Meeting of the society to discuss the below mentioned problems.
a)
b)
c)
21) To record the leave of absence of the Managing Committee from attending the Managing Committee Meeting by Shri X a member of the Managing Committee.
22) To discuss a proposal received from Estate Agent Shri, _________________ for sale of FSI.
23) To appoint a contractor for carrying out major repairs as has been decided by the General Body Meeting.
24) To withdraw the Fixed Deposits on Maturity.
25) To issue Share Certificate to members.
26) To grant permission for internal major repairs/renovations .
27) To appoint a Sub-Committee to look after the work of ______________________ .
(A) SPECIMEN RESOLUTIONS FOR GENERAL BODY MEEINGS
1. To increase the contribution towards the service charges by Rs. 50/-( Rupees Fifty Only).
The Hon. Secretary information the members that having regards to inflation and the increase in the overhead expenses it was necessary that the contribution towards the service charge being collected from the members be increase by Rs. 50/- (Rupees Fifty Only) per month . The details of the major expenses pertaining to service charge were also informed to the members present in the meeting. After discussion it was decided that the Service Charges be increased by Rs. 50/- ( Rupees Fifty Only) from the month of ______________ and the following Resolution was passed.
RESOLUTION NO. :-
RESOLVED THAT the Service Charges be and are increased by Rs. 50/- (Rupees Fifty Only ) from all the members of the society.
FURTHER RESOLVED THAT the said increase shall be effective from the month of ___________.
Proposed By
Seconded By
Carried Unanimously /By Majority .
2. To collect the proportionate increase of the Property Tax amount.
The Hon. Secretary informed the members that the Mumbai Corporation has increase the Property Tax vide their Bill dated ______________. The Hon. Secretary further informed the members that as per the societies Bye-laws No. 71 A, the society is supposed to collect the actual Property Tax from the members. After discussion it was decided that the increase in Property Tax be recovered from the members as per the Statement of Property Tax as in made available on payment of prescribed fees from the Mumbai Municipal Commission and the following Resolution was passed.
RESOLUTION NO. :-
RESOLVED THAT the Property Tax increase be recovered from the members on the basis of the Statement of monthly rent and rateable value of the individual flats as obtained from the Mumbai Municipal Corporation.
Proposed By
Seconded By
Carried Unanimously /By Majority.
Note: On payment of prescribed fees, the Statement of monthly rent and the rateable value certificate is available from the Mumbai Municipal Corporation. The societies are advised that they should periodically obtain such certificate from the Mumbai Municipal Corporation. All such application should be addressed to the Assessor & Collector of the particular Ward in which the society is situated . It is advisable to send the Xerox copies of the past Property Tax bill along with the said application.
3. To increase the contribution towards the Common Amenities Fund from Rs. ___
to Rs.______ .
The Hon. Secretary informed the members that the society had been collecting a sum of Rs._________ (Rupees _____________________________ Only ) at the time of Transfer of Flat under the head Common Amenities Fund. The Hon. Secretary further informed the members that the rates fixed towards the Common Amenities Fund have not been increased for a number of years. The Hon. Secretary informed the members that it was advisable to increase the amount towards the Common Amenities. Fund at the time of Transfer of Flat from Rs. ________ to Rs. ___________ . After discussion it was decided that the amount to be collected by the society at the time of Transfer of Flat under the head Common Amenities Fund be increased from Rs. _________ to Rs. ____
and the following Resolution was passed.
RESOLUTION NO. :-
RESOVED THAT at the time of Transfer of Flat the contribution towards the Common Amenities Fund be increased from Rs. _________ to Rs. ____________.
Proposed By.
Seconded By.
Carried Unanimously/By Majority.
Note: ( It may be emphasized that as per the various court judgements, the maximum amount that can be collected by the society under the head Share Premium Account should not exceed the amount as mentioned in the Bye-laws which is normally 2.5 % of the different between the sale and purchase price or Rs. 25,000/ ( Rupees Twenty Five Thousand Only) whichever is less. However it is our experience that a number of societies are collecting amounts far in excess of Rs. 25,000/- at the time of Transfer of flat) .
4) To approve the unaudited Statement of Accounts for the Co-operative Year 1999-2000.
The Hon. Secretary informed the members that the unaudited Statement of Accounts which included Receipts & Payments Account, Income & Expenditure Account and Balance Sheet for the Co-operative Year 1999-2000 were already given to all the members of the society . The Hon. Secretary further informed the members that he had not received any queries ______ days prior to the Annual General Body Meeting pertaining to unaudited Statement of Accounts. The Hon. Secretary further informed the members that they could ask questions pertaining to Statement of Accounts. After discussion it was decided that the Statement of Accounts for the Co-operative Year 1999-2000 be and are herewith approved subject to audit and the following Resolution was passed .
RESOLUTION NO:-
RESOLVED THAT the Statement of Accounts including Receipts & Payments Account, Income & Expenditure Account and the Balance Sheet for the Co-operative Year 1999-2000 be and are herewith approved subject to audit.
Proposed By
Seconded By
Carried Unanimously/ By Majority.
Note: Societies are supposed to circular the Receipts & Payments Account but in a number of societies the same is not circulated . Also the annual report is not presented by many societies .
5. To approve the Statement of Accounts duly audited by the Society’s Statutory Auditor M/s. & Co. for the Co-operative Year 1999-2000
The Hon. Secretary informed the members that the Accounts for the Co-operative Year 1999-2000 have been audited by the Society’s Statutory Auditor M/s. ______________ & Co. The Hon. Secretary further informed the members that society has received _______ Grade . The Hon. Secretary read out the audited report as received from the Statutory Auditor. After discussion the audited Statement of Accounts as received from the Statutory Auditor M/s. ________________________ & Co. for the Co-operative year 1999-2000 were approved and the following Resolution was passed .
RESOLUTION NO.:-
RESOLVED THAT the audited Statement of Accounts as received from the Statutory Auditory M/s. ____________________ & Co. for the Co-operative Year 1999-2000 be and are here with approved and adopted .
Proposed By
Seconded By
Carried Unanimously/By Majority .
Note: A member does not have a right to verify each and every transaction pertaining to accounts . The Office Bearers are only supposed to give a broad outline of the expenses being incurred by them . It is observed that queries pertaining to accounts are not send in advance . In such circumstances Office Bearers are not supposed to entertain the queries of the members . The right of members to inspect the record of the society is covered under Sec. 32 A of the Maharashtra Co-operative Societies Act. Office bearers are not supposed to give account of the day to day activities or the day to day expenses that have been incurred by them to the General Body. The idea behind writing the above said note is that at times some members treat the Office Bearers of the society as their employee. A circular has been issued by the Co-operative department which gives the members the right to inspect all the records. The said circular has caused considerable confusion.
6. To appoint Statutory Auditor for the Co-operative Year 2000-2001.
(a) (Specimen discussion/ resolution whereby the power is delegated to the Managing Committee to appoint the Statutory Auditor).
The Hon. Secretary informed the members that the Accounts of the society have to the audited by the statutory Auditor who is on the panel of Auditors as approved by the Commissioner for co-operation and the Registrar of Co-operative Societies . The Hon. Secretary further informed the members that the power to appoint the Statutory Auditor for the Co-operative Year 2000-2001 should be delegated to the Managing Committee. The Managing Committee can appoint the Statutory Auditor at the time they finalise the Accounts. After discussion members agreed with the view of the Hon. Secretary and it was decided that the Managing Committee be and are herewith authorized to appoint the Statutory Auditors for the Co-operative Year 2000-2001 and the following Resolution was passed.
RESOLUTION NO.:-
RESOLVED THAT the Managing Committee be and is herewith authorized to appoint the Statutory Auditors for the Co-operative Year 2000-2001.
RESOLUTION NO.:-
RESOLVED THAT the Managing Committee be and is herewith authorized to appoint an Internal Auditor for the Co-operative Year 2000-2001.
Proposed By.
Seconded By
Carried Unanimously/By Majority.
(b) (Specimen discussion / resolution whereby the General Body appoints an Internal Auditor and fixes the remuneration).
The Hon. Secretary informed the members that it was advisable if the Accounts of the Society were audited by an Internal Auditor .He further informed the members that one Mr.________________________ Proprietor of M/s. ____________________ & Co. was carrying out Internal Auditor work of number of societies . He further informed the Members that M/s. _______________________________ & Co. were willing to carry out the Internal Audit of the societies for a remuneration of Rs. ________________ /- (Rupees
__________________________ Only) and the below mentioned Resolution was passed.
RESOLUTION NO.:-
RESOLVED THAT Internal Audit work of the Society for the Co-operative Year 2000-2001 be allotted to M/s. _____________________________ & Co. for an inclusive fee of Rs. ________________/-( Rupees _________________________________ Only).
Proposed By.
Seconded By.
Carried Unanimously/By Majority.
7. To appoint Internal Auditor for the Co-operative Year 200-2001.
a) (Specimen resolution whereby the Managing Committee appoints an Internal Auditor).
The Hon. Secretary informed the members that the Accounts of the Society for the Co-operative Year 2000-2001 may be audited by an Internal Auditor . The Hon. Secretary informed the Members that the Power to appoint an Internal Auditor for the Co-operative Year should be delegated to the Managing Committee. The Managing Committee may appoint an Internal Auditor at the time they finalize the Accounts for the Co-operative Year 2000-2001, After discussion members agreed with the view of the Hon. Secretary and it was herewith authorised to appoint an Internal Auditor for the Co-operative Year 2000-2001 . The Managing Committee was also authorized to fix the fees payable to the Internal to the Auditor and the below mentioned Resolution was passed.
RESOLUTION NO.:-
RESOLVED THAT the Managing Committee be and is herewith authorized to appoint an Internal Auditor for the Co-operative Year 2000-2001.
Proposed BY
Seconded BY
Carried Unanimously/By Majority.
b) (Specimen resolution whereby the General Body appoints an Internal Auditor and Fixes the remuneration) .
The Hon. Secretary informed the members that is was advisable if the Accounts of the society were audited by an internal Auditor . He further informed the members that one Mr. ________________________ M/s. ______________________ & Co. was carrying out Internal Audit work of number of societies . He further informed the members that M/s. _________________________ & Co. were willing to carry out the Internal Audit of the societies for a remuneration of Rs. _________ /- ( Rupees ________________ Only ).
After discussion it was decided that Internal Auditor of the statement of Accounts for the Co-operative Year 2000-2001 be alloted to M/s.______________________ & Co. for all inclusive for a fee of Rs.________ /-(Rupees ____________________ Only ) and the below mentioned resolution was passed .
RESOLUTION NO.:-
RESOLVED THAT the Internal Auditor work of the Society for the Co-operative year 2000-2001 be alloted to M/s________________________ & Co. for an all inclusive fee of Rs.____________ /- ( Rupees ______________________ Only).
Proposed By.
Seconded By.
Carried Unanimously /By Majority.
8.To decide the basis of sharing leakage expenses.
( 1/3rd to be borne by the society and 1/3rd each to be borne by both the flat holders where the leakage is occurring).
The Hon. Secretary informed the members that may societies had adopted the policy that leakage expenses should be shared in three parts. 1/3rd to be borne by the society , 1/3rd to be borne by the member residing in the upper floor from there the leakage originates and 1/3rd to be borne by the member who is effected by the said leakage. The Hon. Secretary informed the members that the idea behind sharing the expenses in the above said ration was that members co-operate with one another and the repair work can be taken up expeditiously . After discussion it was decided that expenses of leakage should be shared by the two parties and the society under the ratio of 1/3rd each and the below mentioned resolution was passed.
RESOLUTION NO.:-
RESOLVED THAT expenses of leakage should be shared 1/3rd by the society . 1/3rd by the member who occupies the flat where the leakage originates and 1/3rd by the members in which the leakage is there.
Proposed By
Seconded By
Carried Unanimously/By Majority
Note: It has been observed that the person residing in the upper flat is general reluctant to co-operate as the leakage might result in breaking the Marble/Granite item fixed by the member. In such circumstances it is our opinion such expenses have to be incured by the member residing on the upper floor only. Office Bearers of the society are rendering honorary services. In case the parties are not in a position to arrive at an amicable settlement then we would advise the office bearers of the society to pass a resolution and grant the necessary authority to the member who is suffering on account of such leakage to take up the matter with the competent authorities . In our opinion even if the office bearers forcibly enters the flat and get the repair work done after giving sufficient notice to the member residing on the upper floor, the police and the MMC authorities than also the office bearers may not be committing an offence of trespass. However the office bearers are advised that they should obtain legal advise before proceeding in such matters and as far as possible the authority should be delegated to the member who is suffering on account of such leakage.
9. To authorize the Managing Committee to incur expenses on major repairs and renovations not exceeding Rs. _____________ /- ( Rupees ________________ Only).
The Hon. Secretary informed the members that it was advisable for the society to carry out major repairs and renovations so that the life of the building could be increased . He further informed the members that approximate expenses for repairs and renovations would be around Rs._____________ /- (Rupees ___________________ Only). He further informed the members that negotiation were going on with two or three Contractors of repute . The Hon. Secretary informed the members that it will be advisable if the General Body authorises the Managing Committee to carry out the repairs and renovations work. The Hon. Secretary further informed the members that the approximate expenses for repairs and renovations would be around Rs. _________ Lakhs (Rupees __________________ Lakhs Only ). The Hon. Secretary further informed the members that as per the Societies Bye-laws No. 160 Managing Committee was authorized to spend an amount upto Rs. 25,000/- (Rupees twenty Five Thousand Only) for repairs and maintenance of society’s property . The Hon. Secretary further requested the house that it will be advisable if the General Body authorises the Managing Committee to carry out the repairs and renovations upto an amount of Rs. _________ /- ( Rupees __________________ Only). After discussion it was decided that the Managing Committee be and is herewith authorized to carry out major repairs and renovations upto an amount of Rs _____ /-(Rupees ___________________________ Only). and the below mentioned resolution was passed.
RESOLUTION NO.:-
RESOLVED THAT the Managing Committee be and is hereby authorized to incur the expenses upto Rs. __________ /- (Rupees ______________________ Only). on major repairs and renovations.
Proposed By.
Seconded By.
Carried Unanimously/By Majority .
Note: The above said resolution is to be passed if the society members incur the repairs and renovations expenses from the fund available with the society . If the society has to collect money for repairs and renovations then in addition to the above , a resolution for collecting the contribution from members for repairs and renovations should also be passed. The basis of contribution for repairs and renovations of building should be per sq. feet as per Bye-laws No. 71A.
10. To collect an amount of Rs. ________ /- ( Rupees ________________ Only) per sq. feet carpet area for major repairs and renovations)
The Hon. Secretary informed the members that having regards to the condition of the building it was essential that major repairs including , granting , plastering, and painting of the building were essential. He further informed the members that the Managing Committee had made exhaustive inquiries and in his opinion an amount of Rs. _________ per sq. feet carpet area would have to be collected from the members. He further informed the members that many members of the society have requested him that the major repairs and renovations work should be taken up on top priority basis and the said work should be completed before the monsoons. The Hon. Secretary inquired with the members present in the meeting agreed with the views of the Committee members that the society should undertake major repairs and renovations of the building on top priority basis. Members agreed with the suggestions of the Hon. Secretary that a sum of Rs. _______ /- ( Rupees _________________________ Only)per sq. feet carpet area should be contributed by the members towards the major repairs and renovations in three equal monthly instalments payable on _________________ , ________________ & ________________ and the below mentioned resolution was passed .
RESOLUTION NO.:
RESOLVED THAT the society should undertake major repairs and renovations work including Plumbering, Granting, Plastering and Painting.
FURTHER RESOLVED THAT members shall contribute a sum of Rs.___________ /- per sq. ft. carpet area in three equal monthly instalments of Rs. ________ /- . The abovesaid amounts will have to be paid as under .
Rs. ___________ (Rupees ____________________) on or before _____________
Rs.____________(Rupees ____________________ ) on or before _____________
Rs.____________(Rupees ____________________ ) on or before _____________
FUTHER RESOLVED THAT the major repairs and renovations work should be completed on a priority basis in any case before the arrival of the monsoons.
Proposed By
Seconded By
Carried Unanimously/By Majority.
11. To allot parking slots to members .
The Hon. Secretary informed the members that it was observed that members were parking their vehicles in the society’s premises in a haphazard manner. At time vehicles were parked in such a way that it was difficult to remove vehicle which were parked earlier .The Hon. Secretary further informed the members that he had been receiving many complaints with regards to the parking of vehicles. The Hon. Secretary further informed the members that it was advisable if parking slots were allotted to members and members should be instructed that they should park their vehicles in a particular parking slot allotted to the member. The Hon. Secretary further informed the members that as the number of cars exceeded the number of parking slots, society should allot one car parking, slot per member to members who were having one car. The Hon. Secretary further informed the members that the balance car parking slots should be allotted to members having more than one vehicle on the basis of their date of application for parking slot to the society . The Hon. Secretary also produced the rough sketch of the parking slot. There was detailed discussions and it was decided that each member shall have one parking slot. It was also decided that the remaining parking slots shall be allotted to members who are having more than one vehicle on a yearly basis, on the basis of their date of application for parking slot to the society and the below mentioned resolution were passed.
RESOLUTION NO.:-
RESOLVED THAT the car parking slots as proposed by the Hon. Secretary be and are herewith approved.
FURTHER RESOLVED THAT each member shall be allotted atleast one car parking slot .
FURTHER RESOLVED THAT the allotment of remaining car parking slot shall be done on yearly basis to members having more than one car on the basis of the members application for additional car parking.
Proposed By
Seconded By
Carried Unanimously/By Majority.
Note: Society can also pass a resolution that parking slots of defaulters would be forfeited . This can cause mental torture to the defaulters . In our opinion , parking of vehicle is not an essential service . Many fights occur in society because of parking problems. In Municipal records normally parking space is shown as open space. Yet it is open secret that many builders are selling the same. Mere payment of money to anyone does not give the purchaser the ownership rights of the particular space. This is a controversial issue and one should obtain a legal opinion before purchasing an open space. In any case if the agreement and should be registered . One should not pay money to the builder just on the basis of a letter allotting parking space. It may also be mentioned that the said instrument should be registered and the proper stamp duty on the same should also be paid.
12. To charge Non Occupancy Charges from members who have sub-letted their flats. :- The Hon. Secretary informed the members that he had received complaints from members that some members are likely to sub- let their flats. Some members had also drawn his attention that their was shortage of space in the Society’s Compound for car parking. He further informed the members that the Society as such is not bound to give services to non members but the nature of services are such that the same cannot be disconnected .The Hon. Secretary suggestion that Non Occupancy Charges should be recovered from the members who has subletted their flats. The Hon. Secretary invited the views of the members about the quantum of charges that should be collected towards Non Occupancy Charges if members had sub-letted/ given premises under a Leave & Licence Agreement . There was detailed discussion and it was decided that a sum of Rs. (Rupees _________________________ Only) per sq. Feet Carpet Area be recovered from members who have subletted their premises. It was further decided that the outsider will not be allowed to park the vehicle in the Society’s premises and the following resolution was passed.
RESOLUTION NO. :-
RESOLVED THAT a sum of Rs.___________ ( Rupees ________________ Only) per square feet carpet area be collected from members who have sub-letted their flats.
FURTHER RESOLVED THAT by payment of the Non Occupancy Charges the outsider will not get a right to park his vehicle in the Society’s Premises.
Proposed By
Seconded By
Carried Unanimously/By Majority.
Note: A number of suits have been field by societies, members with regards to non-occupancy charges. In some cases the member gets aggrieved. In some other cases the society gets aggrieved because of the less rate being received on account of governments circular on non-occupancy charges.
B) SPECIMEN RESOLUTIONS FOR MANAGING COMMITTEE MEETINGS
1.To read and confirm the minutes of the Managing Committee meeting held on / / / 2000. :- The Hon. Secretary read the minutes of the last Managing Committee held on / / /2000. Members present in the Managing Committee approved the same and the following resolution was passed.
RESOLUTION NO. :-
RESOLVED THAT the Minutes of the Managing Committee Meeting held on / / /2000 be and are herewith approved.
Proposed By
Seconded By
Carried Unanimously/By Majority.
2. To approve the expenses from / / / 2000.
The Hon. Secretary read out the details of the various expenses incurred from / / /2000 to / / /2000 . After discussion the same were approved by the members present in the Meeting and the following resolution was passed.
RESOLUTION NO. :-
RESOLVED THAT the expenses incurred from / / /2000 to / / / 2000 be and are herewith approved.
Proposed By
Seconded By
Carried Unanimously/By Majority .
3. To share 1/3rd expenses pertaining to leakage and to carry out repair work with regards to the leakage from flat No. 501 to Flat No. 401. ( The expenses not to exceed Rs. 6,000/-(Rupees Six Thousand Only).
The Hon. Secretary informed the members that there was a leakage in the bathroom of Flat No. 501. As a result of the above said leakage , the member occupying Flat No.401 was being put to lot of inconvenience . The Hon. Secretary further informed the committee members that the members occupying Flat No. 501 and Flat No. 401 have agreed to share 1/3rd of the expenses each with regards to the total expenses pertaining to the repairs of the above said leakage .The Hon. Secretary informed the members present in the Managing Committee that it was the request of both members that the society should also share 1/3rd of the expenses pertaining to the above said repairs. The Hon. Secretary further informed the members that the members occupying Flat No. 501 and Flat NO. 401 has also assured him that the total expenses on repairs would not exceed Rs. 6,000/-(Rupees Six Thousand Only) and incase the expenses exceeded the said amount of Rs. 6,000/-(Rupees Six Thousand Only) then the excess amount would be shared by them equally . After detailed discussed it was decided that the society should also incur 1/3rd expenses subject to a limit of Rs. 6,000/- (Rupees Six Thousand Only ) for the total expenses and the following resolution was passed .
RESOLUTION NO. :-
RESOLVED THAT 1/3rd share of the expenses upto Rs. 6,000/- pertaining to the leakage from Flat No. 501 to Flat No. 401 should be borne by the society.
FURTHER RESOLVED THAT the above said repaired work should be completed as early as possible
Proposed By
Seconded By
Carried Unanimously/By Majority.
Note: It is observed that normally the member who is complaining about the leakage is not very serious about the leakage. With a view to maintain good relations with one and all the society should call both the members. If an amicable solution cannot be worked out than the committee should give the necessary letter of authority to the member who is suffering i.e. the member who is residing below and let the matter be decided by the two of them.
4. To submit an application for extension of time to hold the Annual General Body Meeting of the Society for the year 1999-2000
The Hon. Secretary informed the members present in the Managing Committee that as the accountant has not finalised the accounts, it would not be possible to hold the Annual General Body Meeting on or before the prescribed due date. i.e. 14/08/2000 , Members present in the meeting agreed with the view of the Hon. Secretary that the accountant should be requested to finalise the accounts as early as possible. It was also decided that an application be made to the Deputy Registrar/Assistant Registrar of Co-operative Societies ________________ Ward asking for extension of time to hold the Annual General Body Meeting for the year 1999-2000 till 14/11/2000 and the following resolution was passed.
RESOLUTION NO.:-
RESOLVED THAT an application be made to the Deputy Registrar / Assistant Registrar of Co-operative Society _________ Ward to grant extension of time till 14/11/2000 for holding the Annual General Body Meeting of the society .
FURTHER RESOLVED THAT the above said application for extension of time to hold the Annual General Body Meeting for the year 1999-2000 has to be made as the accounts have not been finalised .
FURTHER RESOLVED THAT the Annual General Body Meeting should be called as soon as the accounts are finalised .
Proposed By
Seconded By
Carried Unanimously/ By Majority.
Note: The Deputy Registrar / Assistant Registrar can grant permission till 14/11/2000 to hold the Annual General Body Meeting for the Co-operative year 1999-2000. After 14/11/2000 the meeting can be conveyed by an officer appointed by the Deputy Registrar/Assistant Registrar, If meeting is not called within time for a number of years then the office bearers as well as the Committee Members can also be disqualified by the Registrar from acting as office bearers not only for the current accounting year but for one full term. It should be ensured by the office bearers that as far as possible the meeting should be called within the stipulated period.
5. To appoint Statutory Auditor the accounts of the society.
The Hon. Secretary informed the members that in the Annual General Body Meeting held on / / /1999, it was decided that the Managing Committee be and is herewith authorised to appoint Statutory Auditors for the Co-operative year 1999-2000 . The Hon. Secretary further informed the members that Shri ________________ of M/s. _______________ & Co., Chartered Accountant, have agreed to undertake the statutory Audit of the Society for the year 1999-2000 on a Professional Fees of Rs. 36/- per member. The Hon. Secretary further informed the members that Shri _____________ of M/s. __________________ & Co. had informed him that he would be able to complete the Statutory Audit within fifteen days from the day the necessary information was made available to him. After discussion it was decided that the statutory audit work of society for the year 1999-2000 should be handed over to M/s. ___________________ & Co. at the prescribed rate of Rs. 36/- per member and the following resolution was passed.
RESOLUTION NO.:-
RESOLVED THAT as per the directive of the General Body Meeting held on / / / 1999, Managing Committee has been authorised to appoint the Statutory Auditors for the year 1999-2000 .
FURTHER RESOLVED THAT that Managing Committee herewith appoints M/s. ___________________ & Co. as the Statutory Auditor of the society for the year 1999-2000.
FURTHER RESOLVED THAT the Professional Fees including all out of pocket expenses shall be @ Rs. 36/- (Rupees Thirty Six Only) per member.
FURTHER RESOLVED THAT all the Statutory Registrars, Books of Accounts for the Year 1999-2000, Vouchers and other records pertaining to accounts be made available to the auditor for the purpose of audit.
FURTHER RESOLVED THAT as far as possible the audit work of the society should be completed within fifteen days.
Proposed By
Seconded By
Carried Unanimously/By Majority
Note: As per the directive of the Commissioner for Co-operation & Registrar of Co-operative Society the fees payable for Audit of Housing Societies are Rs. 36/- (Rupees Thirty Six Only) per member . Earlier out of the said amount 20% should be paid to the Co-operative Department for Administration Expenses . Now as per the judgement delivered by the Mumbai High Court the entire fees of Rs. 36/- per member have to be paid to the auditor .
6. To appoint Internal Auditor to audit the account of the Society.
The Hon. Secretary informed the members that in the Annual General Body Meeting held on / / /2000 it was decided that the Managing Committee be and is herewith authorised to appoint Statutory Auditors for the Co-operative Year 1999-2000 . The Hon. Secretary further the members that Shri ___________________ of M/s. ___________________ & Co., Chartered Accountants, have agreed to undertake the internal audit of the society for the year 1999-2000 on a Professional Fees including all out of pocket expenses of Rs. ___
(Rupees_________________________ Only) . The Hon. Secretary further informed the members that Shri _____________________ of M/s. ___________________ & Co. had informed him that he would be able to complete the Internal Audit within fifteen days from the day the necessary information was made available to him. After discussion it was decided that the internal audit work of the Society for the year 1999-2000 should be handed over to M/s. __________________ & Co. on a Professional Fee including all out of pocket expenses of Rs.________________ /- (Rupees _______________________ Only) and the following resolution was passed .
RESOLUTION NO.:-
RESOLVED THAT as per the Directive of the General Body meeting held on / /1999
the Managing Committee has been authorised to appoint the internal auditors for the year 1999-2000 .
FURTHER RESOLVED THAT the Managing Committee herewith appoints M/s. _________________________ & Co., CHARTERED ACCOUNTANTS as internal Auditor of the Society .
FURTHER RESOLVED THAT the professional Fee including all out of pocket expenses payable to M/s. _______________________ & Co. Shall be Rs._____ (Rupees __________________________ Only).
FURTHER RESOLVED THAT all the Statutory Registers, Books of Accounts for the year 1999-2000, Vouchers and other records pertaining to accounts be made available to the Auditor for the purpose of audit.
FURTHER RESOLVED THAT as far as possible the audit work of the society should be completed within fifteen .
Proposed By
Seconded By
Carried Unanimously /By majority.
7. To appoint an Accountant to look after the accounting work of the society.
The Hon. Secretary informed the members present in the meeting that the earlier accountant had informed him that on account of his pre-occupation he could not devote time for society’s accounting work. He further informed the members present in the meeting that come of the members has also been inquiring with him as to why the accountant was not appointed by the society ? He further informed the members that one Mr. _____________________ was willing to undertake the society’s accounting work on a monthly fee of Rs. ____________ ( Rupees_______________________ Only) and would be visiting ______ times a week. The said Shri _____________________ had also assured him that he would be preparing the Trial Balance, Income & Expenditure Accounts, Receipts & Payments Account & Balance Sheet every quarter (i.e. 31st March, 30th June, 30th September & 31st December) . The said Shri ______________________ had also been recommended to him by one of the members of the society . After discussion it was decided that Shri_____________________ be appointed as an Accountant of the society on a remuneration of Rs. ________ (Rupees __________________________ Only) per month and the following resolution was passed.
RESOLUTION NO.:
RESOLVED THAT the said Shri _________________________ be and is appointed as an Accountant of the society on monthly fees of Rs.______________ /- ( Rupees ______________________ Only).
FURTHER RESOLVED THAT the Accountant shall do all the accounting work of the society and shall visit the society ______________ times a week .
FURTHER RESOLVED THAT the Accountant must submit the Trial Balance, Income & Expenditure Account , Receipts & Payments Account & Balance Sheet every quarter.
Proposed By
Secondary By
Carried Unanimously/By Majority.
Note: While fixing the Contract with the Accountant it is advisable to insist for quarterly Trial Balance, Income & Expenditure Account, Receipts & Payment Account & Balance Sheet. The idea behind the same is that the work does not get delayed and the queries are solved immediately . It may be suggested that Big Societies should go for Computerisation as the same is accurate and faster. Now a day ready-made Software Package are available for Housing Societies . Even the bills and receipts to be given to the members are computerised . We may add that our firm Society Management Consultants (Sampat’s) also takes up the abovesaid work for a reasonable fee and can help you in relieving some of your accounting ,legal and auditing work.
8. To appoint a Manager to look after the day to day work of the society .
The Hon. Secretary informed the members present in the meeting that the Manager of the society had requested him that he could not devote sufficient time for society’s work because of his ill-health . He further informed to members present in the meeting that some of the members had also been inquiring with him as to why the Manager was not regularly visiting the society . He further informed the members that Shri _________________________ was willing to undertake the society’s managerial work on a monthly fee of Rs. ____________ (Rupees_______________________ Only) and will be attending the society’s office from ____ a.m. to _____ p.m. everyday except _______ . The said Shri ______________ had also been recommended to him by one of the members of the society. After on a remuneration of Rs. ____________ (Rupees ________________ Only) and the following resolution was passed.
RESOLUTION NO.:-
RESOLVED THAT Shri __________________ be appointed as the Manager of the Society on a monthly remuneration of Rs.______ ( Rs. ______________________ Only ).
FURTHER RESOLVED THAT the Manager shall attend the Society’s Office from ___ a.m. to _____ p.m. on all days except ___________ .
Proposed By
Seconded By
Carried Unanimously/By Majority.
Note: Out of experience it is our suggestion that every society must appoint a Manager. In case the workload is less, then the society should appoint a part time Manager. The idea behind the same is that the valuable time of the office bearers can be devoted for other constructive work. It is our humble suggestion that the members must be told to submit their grievances through the Manager. If your society requires a manager for say three hours a day it is our suggestion that the Manager be appointed for four hours a day because some of the Managers are know for promising many things at the time of appointment and the reality is …. ?
9. To issue notices to defaulter.
The Hon. Secretary informed the members present in the meeting that member Shri X occupying Flat No. _____ was a habitual defaulter . The Hon. Secretary further informed the members that as per the society’s statement of accounts, the said Shri X has to pay a sum of Rs._________ (Rs. _____________________ Only) as on / /2000. He further informed the members that the Society’s Manager has also requested Shri X to clear his dues. He further informed the members that many members of the society were also inquiring what steps have been taken by the society against Shri X who is a defaulter . After detailed discussion it was decided that a legal notice to be issued to the defaulter and the charges for the same should also be recovered from the defaulter and the below mentioned resolution was passed.
RESOLUTION NO. :-
RESOLVED THAT a legal notice to be issued to the defaulter for recovery of dues.
FURTHER RESOLVED THAT the legal expenses for issue of legal notice should be recovered from the defaulting member.
Proposed By
Seconded By
Carried Unanimously/By majority.
Note: At times it is observed that members do not accept bills by hand delivery . It is our suggestion that a resolution should be passed in an Annual General Meeting/Statutory General Meeting that in such cases the bill should be send by Registered A. D. should be debited to the members account in the subsequent bill. You yourself will see the results.
10. To initiate legal action against the defaulter Shri X.
The Hon. Secretary informed the members present in the meeting that one Shri X a member of the society occupying Flat No. ______ had been in arrears of society’s dues. The Hon. Secretary further informed the members that inspite of repeated requests and demand the said Shri X did not clear the dues. The Hon. Secretary further informed the members that the society has also issued a legal notice from society’s advocate demanding the arrears of dues. The Hon. Secretary also informed the members that the member Shri X has yet not paid the dues. Members present in the meeting agreed the view of the Hon. Secretary that legal action should be initiated against the defaulter and the legal expenses should also be recovered from the defaulter and the below mentioned resolution was passed.
RESOLUTION NO.:-
RESOVED THAT legal action be initiated against the defaulter Shri X.
FURTHER RESOLVED THAT the expenses incurred/ to be incured by the society for recovery of dues should be recovered from Shri X. the defaulting member of the society.
Proposed By
Seconded By
Carried Unanimously/By Majority.
11. To approve the Statement of Accounts for the year 1999-2000
The Hon. Secretary placed before the members the statement of Accounts for the year 1999-2000. He further informed the members that during the current year there has been a net profit of Rs. ______ ( Rupees ____________________________ Only).
After discussion on the Statement of Accounts for the year 1999-2000 were accepted and the following resolution was passed.
RESOLUTION NO. :-
RESOLVED THAT that Statement of Accounts for the year 1999-2000 be and are herewith approved.
Proposed By
Seconded By
Carried Unanimously/By Majority.
Note: It is suggested that every year the deficit if any should be collected from the members. The Society will always have funds at its disposal . It is observed that some members are very reluctant to allow the Office-Bearers to increase the amounts being collected from members. This backdoor method of collection is to some extent sugar coated pill. Members may not immediately realise the impact of deficit recovery.
12. To appoint a person to complete the Statutory Registers of the society.
The Hon. Secretary informed the members that for good cause and diverse reasons the Statutory Registrars could not be updated. He further informed the members that he had discussed with regards to completion of Statutory Registrars with Shri X who has specialised in maintaining the Statutory Registers of Co-operative Societies . He further informed the members that Shri X was willing to update the Statutory Registers for a one time fee of Rs._______ ( Rupees __________________________ Only). The said Shri X was also recommended by one of the members of the society . There was discussion and is was unanimously decided that Shri X should be allotted the work to complete the Statutory Registers and the below mentioned resolution was passed.
RESOLUTION NO.:-
RESOLVED THAT Shri X be appointed to completed the Statutory Registers of the Society.
FURTHER RESOLVED THAT the Professional Fees payable to Shri X for completion of the Statutory Registers shall be Rs.________________ ( Rupees _________________ Only ) .
Proposed By
Seconded By
Carried Unanimously/By Majority.
13. To appoint the Returning Officer to conduct the Elections of the Society for the period __________ .
The Hon. Secretary informed the members that the accounting year of the Society had ended on 31st March. He further informed the members that the election of the Managing Committee has to be carried out by the Returning Officer and therefore it has been necessary to appoint a Returning Officer. The Hon. Secretary further informed the members that as per Society rules the Election Officer could not contest the election. The Hon. Secretary further informed the house that one Shri X a member of the Society has agreed to act as a Returning Officer. Members present in the meeting agreed with the view of the Hon. Secretary Shri X be appointed as a Returning Officer to conduct the election . It was further agreed that the Returning Officer is authorised to appoint Staff for the purpose of holding the election of the Managing Committee and shall have access to the Statutory Registers and other records of the society. It was further agreed that the decision of the Returning Officer with regards to election formalities would be final and the below mentioned resolution was passed.
RESOLUTION NO.:-
RESOLVED THAT Shri X be appointed as a Returning Officer of the Society for conducting the elections of the Managing Committee for the period ___________ .
FURTHER RESOLVED THAT the Returning Officer shall have powers to appoint such staff as deemed fit by him.
FURTHER RESOLVED THAT the Returning Officer shall have access to the Statutory Registers and other records as required by him.
FURTHER RESOLVED THAT all decisions taken by the Returning Officer with regards to election matters shall be final and shall be binding on the members of the Society .
Proposed By
Seconded By
Carried Unanimously/By Majority.
14. To invest an amount of Rs. _____ (Rupees _______________________ Only) in Fixed Deposit with X Bank, Y Branch for a period of ____ Years.
The Hon. Further informed the members that he was informed by the Society’s Accountant that a sum or Rs. __________ /- (Rupees _________________________ Only) was lying in Saving Bank Account. He further informed the members that it would be advantages to the Society if a sum of Rs. _____________ /-( Rupees________________________ Only). was invested in Fixed Deposit Receipts. He further informed the members that he had made inquires with X Bank, Y Branch and the Branch Manager had informed him that interest @ _______ % was being offered on Fixed Deposit Receipts if the same were invested for years. Members agreed with the view of the Hon. Secretary that a sum of Rs ____________ /- (Rupees ________________________________ Only) be invested with X Bank , Y Branch for a period of ___________ years . The Hon. Secretary and the Chairman were authorised to complete all Bank formalities so that the sum of Rs. ____ /-(Rupees __________________________ Only) could be invested in Fixed Deposit Receipts for a period of ______ years and the following resolution was passed .
RESOLUTION NO.:-
RESOLVED THAT a sum of Rs.______ /- ( Rupees ______________________ Only) be invested in X Bank, Y Branch for a period of __________ years.
FURTHER RESOLVED THAT the Hon. Secretary and the Chairman be and are herewith authorised to complete all Bank formalities with regards investing the amount in Fixed Deposit.
Proposed By
Seconded By
Carried Unanimously/By Majority.
15. To initiate expulsion proceedings against Mr. X.
The Hon. Secretary informed the members present in the Managing Committee Meeting that Shri X a member of the Society residing in Flat No. ______ of the Society is a defaulter and has committed breached of the provisions of the Maharashtra Co-operative Societies Act 1960, Maharashtra Co-operative Societies Rules and the Bye-Laws of the Society . The Hon. Secretary further informed the members that the member Shri X has behaved rudely with the employees of the Society.
The Hon. Secretary further informed the members that the above said behaviour were repeatedly brought to the attention of Shri X orally as well as in writing but the said member has failed to comply with the requisitions made to him. The Hon. Secretary suggested to the Managing Committee members that they may now consider the matter of initiating expulsion proceedings against Shri X as per Sec. 35 of the Maharashtra Co-operative Societies Act, 1960, Maharashtra Co-operative Societies Rules and the Bye-laws of the Society. After discussion members agreed with the views of the Hon. Secretary and the following resolution was passed.
RESOLUTION NO.:
RESOLVED THAT the Managing Committee is convinced of the various beaches committee by Shri X as informed and explained by the Hon. Secretary .
FURTHER RESOLVED THAT the member Shri X has failed to comply with the requests made by the Society.
FURTHER RESOLVED THAT the case of Shri X has member of the Society have expulsion as per the provision of Sec.35 of the Maharastra Co-operative Societies Act 1960 read with Rule 28 and 29 of the Maharashtra Co-operative Societies Act 1961 and the Bye-laws No. 2 of the Bye-laws of the Society for expulsion of the membership of Shri X be placed before said General Body Meeting of the Society to be called with 30 days notice of all the members of the Society.
FURTHER RESOLVED THAT the said Shri X member of the Society should be called upon to explain why shares of the society held by him should not be forfeited as per the provision of Rule 28 of the Maharashtra Co-operative Societies Rules 1961.
Proposed By
Seconded By
Carried Unanimously/By Majority
Note: The bye-law Nos. will very for Open type & Flat Owners type Society.
16. To Discuss about adoption of Model Bye-Laws.
The Hon. Secretary informed the members present in the meeting that many societies have adopted the new Model Bye-Laws . He further informed the members that the Deputy Registrar of Societies had also written letters to various societies informing the societies that it was advisable to adopt the New Model Bye-Laws . He further informed the members that if the New Model Bye-Laws are adopted, the society could collect interest upto 21% from defaulting members. He also informed the members that the if the Model Bye-Laws were adopted the society can recover Share Premium amount upto Rs. 25,000/- at the time of transfer of flat. The Hon. Secretary further informed the members that the New Model Bye-Laws were self explanatory and many societies had also adopted the same . After discussion it was decided that the society should comply with the Statutory formalities with regards to adoption of Model Bye-laws and the Hon. Secretary Shri ________________________ , Chairman Shri ___________________________ and Managing Committee member Shri _____________________________ were authorised to complete all formalities with regards to adoption of Model Bye-Laws and the following resolution was Passed.
RESOLUTION NO.:
RESOLVED THAT that Society should adopt the New Model Bye-laws .
FURTHER RESOLVED THAT the Hon. Secretary Shri_________________________
Chairman Shri __________________________________ and the Managing Committee member Shri_____________________________ be and are herewith authorised to complete the formalities with regards to adoption of new Model Bye -Laws.
Proposed By
Seconded By
Carried Unanimously /By Majority .
17. To discuss, decide and approve the transfer of flats in the following case:
i) Flat No.
ii) Name of the Transferor
iii) Name of the Transferee
The Hon. Secretary informed the members present in the Managing Committee meeting that the Society had received Transfer Application from the member occupying Flat. No.____ on the ground floor. The said member Shri X vide Notice of Intention to Transfer dated _______ had informed the Society that he proposed to transfer the Flat to Shri Y for a consideration of Rs.___________ /- He further informed the members that the said Shri X and Shri Y had both met him and had also submitted all the transfer documents. He further informed the members that the Society has also received donation / contribution towards the Common Amenities Fund of Rs. ________/- as was the policy of the Society. The Hon. Secretary further informed the members that no dues were outstanding against Flat No.____ . There was detailed discussion and it was decided that the Society should approve the Transfer Application and should admit Shri Y as a member of the Society in place of Shri X. It was also decided that the Hon. Secretary is authorised to complete the Statutory formalities with regards to transfer of Flat and should make the necessary in the Statutory Registrars and the following resolution was passed.
RESOLUTION NO.:
RESOLVED THAT the application for Transfer of Shares and interest in the capital/ property of the Society has received from Shri X the member of the Society requesting the Society to transfer the shares in favour of Shri Y along with the application for membership be and is herewith approved.
FURTHER RESOLVED THAT the said Shri X shall cease to be a member of the Society and his Flat No.____ on the____ floor in _____ Building of the Society to be transferred in the name of Shri Y who is herewith admitted as a member of the Society .
FURTHER RESOLVED THAT the Hon. Secretary be and is herewith authorised to make the necessary entries in the Statutory Registers admitting the said Shri Y as a member of the Society in Place of Shri X.
FURTHER RESOLVED THAT Shri_________________________ Hon. Secretary , Shri _______________________ Chairman and Shri __________________________
Managing Committee member be and are herewith authorised to make the necessary entries in the Share Certificate and other Statutory Registers admitting Shri Y as a member of the Society .
Property By
Seconded By
Carried Unanimously/ By Majority.
18. To record the nomination of Flat in the following cases.:
i) Name of the member.
ii) Flat No.______________________ , and
iii) Nominees Name_____________________
The Hon. Secretary informed the members that he had received the Nomination Form Shri X , who was entitled to occupy Flat No.__________ . He further informed the members that the said Shri X, had nominated Shri Y and Shri Z, as the nominees . The share of nominee Shri Y was 60% and the share of nominee Shri Z was 40% . The Hon. Secretary further informed the members that the Nomination Form was complete in all respects and that same has also being witnessed by one of the members of the Society . The Hon. Secretary also informed the members that all the dues of Flat No. _____ had been cleared . After discussion it was decided that nomination should be recorded in the Statutory Registers and the following resolution was passed.
RESOLUTION NO :
RESOLVED THAT the application of Shri X a member of the society who is entitled to occupy Flat No. ________ recording his nomination in favour of his nominee Shri Y with a share 60% and nominees with a share of 40% be and is herewith approved .
FURTHER RESOLVED THAT the Hon. Secretary be and is authorised to record the nomination in the Statutory Registers.
Proposed By
Seconded By
Carried Unanimously/ By Majority.
Note: It is strongly emphasized that the nominee is merely a trustee. He does not become the owner of the property . Manager must in his own interest make a will. There are two types of nomination forms. One for a singly nominee and the other for more than one nominee . In our opinion filing a nomination form of more than one nominee will not have much meaning because after the death of the member the society has to transfer the flat in the name of the first nominee. The societies normally insist for an affidavit from all the heirs that they have no objection if the society transmit the flat in the name of the nominee. In case of disputes the societies normally insist for succession certificate. Legally the nominee is a trustee. The nominee does not get the ownership rights in the property just because the nomination is field . Members are advised that they should make a will and should also get the same registered. We may add that we help the members in drafting the will and getting the same registered.
19. To admit Shri X as a member of the Society in Place of Late Shri A who has been the member of the Society .
a) (Format of resolution if Shri A is a nominee)
The Hon. Secretary informed the members that Shri X , who is a nominee has submitted the application to the Society requesting the Society to admit him as a member of the society. He further informed the members that Shri X , has complied with all transmission formalities and had also submitted the affidavit of the legal heirs of Late Shri A stating that they have NO OBJECTION of any nature , whatsoever if the society transfers the flat in favour of Shir X , The Hon. Secretary further informed the members that the said Shri X , has also given an Indemnity Bond agreeing to indemnify the society for all costs that the society might have to incur with regards to the transmission of flat. He further informed the members that the documents has also being scrutinised by the Society’s Lawyer and the Society’s Lawyer has also given an opinion that the Society could transfer the Flat in favour of Shir X .After discussion it was decided that the said Flat should be transferred in favour of Shir X. It was also decided that the Hon. Secretary be and is herewith authorised to complete the Statutory formalities with regards to the admission of Shri X as a member of the Society and the following resolution was passed.
RESOLUTION NO.:
RESOLVED THAT the Hon. Secretary be and is herewith authorised to complete all the Statutory formalities of the Society.
Proposed By
Seconded By
Carried Unanimously/By Majority.
b) ( Format of resolution if Shri X, gets the right though will of Late Shri A)
The Hon. Secretary informed the members that Shri X had produced a copy of the will of Late Shri A. The Hon. Secretary further informed the members that he had obtained the legal opinion of the Society’s Lawyer. The Hon. Secretary further informed the members that the Society’s Lawyer had informed him and opined that as per the contents of the will it was very clear that the said Flat No.________ in ________ Building of the Society should be transferred in the name of Shri X. The Hon. Secretary further informed the members that the said Shri X, has also obtained the affidavit from the legal heirs of Late Shri A stating that the legal heirs have no objection if the Society transfers the Flat in favour of Shri A. The Hon. Secretary further informed that members that Shri X who has acquired all the rights in Flat no. ____ in _____ Building of the Society has cleared all the dues of the society requested him to transfer the Flat No._______ in his name.
The Hon. Secretary further informed the members that the Society had also invited objections for the transfer of Flat No.______ from the members of the Public Vide the Public Notice published in two local newspapers . The Hon. Secretary also produced the copies of this Public Notices. The Hon. Secretary further informed the members that the society had not received any objection from the members of the public . The Hon. Secretary further informed the members that the notice was also put up on the Notice Board of the Society and objection was invited from persons having any interest in the said flat within the stipulated period. The Hon. Secretary further informed the members that the members that he had not received any objection from the members of the public. The Hon. Secretary further informed the members that the beneficiary Shri X has also given an Indemnity Bond to the Society agreeing to indemnify the society for all costs, that the society might have to incur with regards to the transmissions of the flat in favour of Shri X. After discussion it was decided that Flat No.______ should be transferred from the name of Late Shri A, to the name of Shri X . It was also decided that the Hon. Secretary be and is herewith authorised to complete the Statutory formalities with regards to the admission of Shri X as a member of the Society and the following resolution was passed.
RESOLUTION NO.:
RESOLVED THAT Shri X who has acquired all the right , title and interest in Flat No. _____ in____________ Building of the Society.
FURTHER RESOLVED THAT Late Shri A shall cease to be a member of the society.
FURTHER RESOLVED THAT the Hon. Secretary be and is herewith authorised to complete all the Statutory formalities with regards to admission of Shri X as a member of the Society.
Proposed By
Seconded By
Carried Unanimously/By Majority.
c) (Format of resolution if Shri X the legal of Late Shri A gets the right in the flat with the consent of all the remaining legal heirs).
The Hon. Secretary informed the members that Shri X has cleared all the dues of the society and also had submitted an Application for the Membership requesting the society to transfer Flat No.______ on _____ floor in the ______ Building of the Society in his name. He further informed the members that all the legal heirs of Late Shri A had also submitted their affidavit stating that they have no objection of any nature whatsoever if the society transfers the said flat in the name of Shri X. The Hon. Secretary further informed the members that the society had also invited objection for the transfer of Flat No. _____ from the members of the members of the public vide Public Notices published in two local newspapers.
The Hon. Secretary also produced the copies of the public notices as published in two local newspapers. The Hon. Secretary further informed the members that he had obtained the legal opinion of the society’s Lawyer. The society’s Lawyer had informed him and had opined that the Society could transfer the flat in the name of Shri X the legal heir of Late Shri A.
The Hon. Secretary further informed the members that the Notice was also to be put up on the Notice Board of the society and objection was invited from persons having any interest in the said flat within the stipulated period. The Hon. Secretary further informed the members that he had not received any objection from the members of the public in response to the Public Notice inviting the objections . After discussion it was decided that Flat No. ______ should be transferred from the name of Shri A to the name of the Shri X . It was also decided that the Hon. Secretary be and is herewith authorised to complete the Statutory formalities with regards to the admission of Shri X as a member of the society and the following resolution was passed.
RESOLUTION NO. ;
RESOLVED THAT Shri X who is entitled to enjoy the rights and interest in Flat No. __________ of _________ Building of the society , the legal heir of Late Shri A be admitted as member of the society in place of Late Shri A.
FURTHER RESOLVED THAT the Hon. Secretary be and is herewith authorised to complete all the statutory formalities with regards to admission of Shri X as a member fo the society .
Proposed By
Seconded By
Carried Unanimously/By Majority.
20. To call a Special General Body Meeting of the Society to discuss the below mentioned problems.
a) Unauthorised Construction by one Mr. X
b) Nuisance caused by one Mr. Y.
c) Misuse of premises by one Mr. Z.
d) Non-Co-operation of Accountant / Security Staff.
The Hon. Secretary informed the members that he had received an application by about 10 members of the society requesting him to call a Special General Body Meeting to discuss the below mentioned problems.
a)
b)
c)
d)
The Hon. Secretary further informed the members that as per the provisions of Bye-Laws No. ______ , the Managing Committee was duty bound to call a Special General Body Meeting When an application for calling Special General Body Meeting was received by 1/5th of the members of the society . After discussion the Hon. Secretary was authorised to looked into the matter and it was decided that a Special General Body Meeting should be called at _____________ day ____________ time ____________ place and the below mentioned resolution was passed.
RESOLUTION NO.:
RESOLVED THAT a special General Body Meeting of the society should be called on _______ day _______ time at _______ Place.
FURTHER RESOLVED THAT the Hon. Secretary be and is herewith authorised to look into the matter and to meet the members who have requested for calling a Special General Body Meeting.
Proposed By
Seconded By
Carried Unanimously/By Majority.
Note: A Special General meeting must be called within one month if 1/5th of the members of the society insist for the same. Such meeting cannot transact any other business except the business as mentioned in the application for calling the Special General Body Meeting. The intimation for calling the Special General Body Meeting must be placed before the Managing Committee within seven days from the date of receipt of the intimation. A meeting of the Managing Committee must be Specifically called to fix the date, time and place of the Special General Body Meeting.
21. To record the leave of absence of the Managing Committee from attending the Managing Committee Meeting by Shri X a member of the Managing Committee.
The Hon. Secretary informed the members that he had received a letter from Shri X stating that he could not attend the Managing Committee Meeting because one of his friend had been admitted to the hospital and he had to rush to the hospital . The said Shri X had vide his letter requested the Hon. Secretary to record his leave of absence from attending the Managing Committee Meeting to be held on _____ day _______ time. It was also informed to the Secretary that the Managing Committee should record the leave of absence of Shri X and the following resolution was passed.
RESOLUTION NO.:
RESOLVED THAT letter dated______ of Shri X requesting the Managing Committee to record his leave of absence from attending the Managing Committee Meeting be and is herewith approved.
Proposed By
Seconded By
Carried Unanimously/By Majority.
22. To discuss a proposal received from Estate Agent Shri ________ for sale of FSI.
a) ( Format of resoultion whereby it is decided that the necessary information such as Building plan should be given to the Estate Agent and the proposal should be placed in the General Body Meeting for discussion).
The Hon. Secretary informed the members that one leading Estate Agent Shri _______
has submitted a proposal that one of his client Shri Y was willing to purchase the balance FSI in the society @ Rs._________ /- (Rupees_________________________ Only) per Sq. ft. carpet area. The said Shri Y was willing to construct a flat on the upper floor at his cost and was also willing to obtain the necessary permission from Mumbai Municipal Corporation and other competent authorities . The said Shri Y had agreed to indemnify the society for the damages that could be caused while constructing the flat on the upper floors. The Estate Agent had further submitted in his letter that he was willing to bring his client any time . The estate Agent had further submitted in his letter that he was willing to bring his client any time. The Estate Agent had by his letter requested the society to make available to him a copy of the building plan so that the party shall at his cost find out the balance FSI from the Mumbai Municipal Corporation . The Hon. Secretary further informed the members that the above said issue was a delicate issue and it was necessary for the society to decided such matter by calling a Special General Body Meeting.
The Hon. Secretary further informed the members that it would be advisable to give a copy of the building plan to their Estate Agent as that would also help the society in finding out the exact balance FSI available with the society . Members agreed with the view of the Hon. Secretary that it was essential to make it know to the Estate Agent that the society would consider taking a decision only after calling a General Body Meeting of the society . It was decided that a Special General Body Meeting should be called to discuss and decide about the sale of balance FSI. It was decided that a copy of the building plan should be given to the Estate Agent with clear cut instructions that there was no liability on the society to accept the offer of the Estate Agent and the belowmentioned resolutions were passed.
RESOLUTION NO.:
RESOLVED THAT a decision to sell the balance FSI or not to sell the balance FSI would be taken in a Special General Body Meeting.
FURTHER RESOLVED THAT a Special General Body Meeting should be discuss and decide about sale of balance FSI.
FURTHER RESOLVED THAT a copy of the building plan be given to the Estate Agent.
Proposed By
Seconded By
Carried Unanimously By Majority.
b) ( Format of resolution rejecting the offer of FSI as the society does not want to have additional in the society’s premises) .
The Hon. Secretary informed the members that one leading Estate Agent Shri __________ has submitted a proposal that one of his client Shri Y was willing to purchase the balance FSI in the Society @ Rs._______ /-(Rupees__________________________ Only). per sq. ft. built up area. The said Shri Y was willing to construct on the upper floor at his cost and was also willing to obtain the necessary permission from Mumbai Municipal Corporation and other competent authorities . The said Shri Y had agreed to indemnify the society for the damages that could be caused while constructing the flat on the upper floors. The Estate Agency had by his letter requested the society to make available to him a copy of the building plan so that the party shall at his cost find out the society had also received such offers in the past. The Hon. Secretary further informed the members that he had made inquiries with the Mumbai Municipal Corporation and was informed that FSI of about 200 sq. ft. was available and having regards to the construction as well as inconvenience that would be caused to the members, it was not advisable to consider the proposal and sell the FSI . Members present in the meeting also agreed with the views of the Hon. Secretary that the society should not have additional construction in the society’s premises and should reject the proposal for sale of FSI and the below mentioned resolution was passed.
RESOLUTION NO.:-
RESOLVED THAT the proposal for sale of balance FSI as received from agent Shri____________________ be and is herewith rejected.
Proposed By
Seconded By
Carried Unanimously/By Majority.
23. To appoint a contractor for carrying out major repairs as has been decided by the General Body Meeting.
The Hon. Secretary informed the members that in the last General Body Meeting held on ____________ , it was decided that with a view to increase the life of the building major repairs should be undertaken . The Hon. Secretary informed the members that members of the sub-Committee had met and discussed the aspects of repairs with various Contractors . The Hon. Secretary further informed the members that the Sub-Committee after scrutinising various offers had selected four such offers. The Hon. Secretary informed the members that the Sub-Committee members had visited the buildings which were repaired by the Four Contractors. The Hon. Secretary further informed the members that it had been suggested by the Sub-Committee that having regards to the terms and conditions of the revised offer of the four Contractors the proposal of Shri X should be accepted . The Sub-Committee members A, B and C also informed the members of the Managing Committee that they unanimously recommended that society should be allot the major repairs contract to Shri X . The Hon. Secretary further informed the members that the society’s Architect had also informed him that as per the information made available to the Architect the work of Shri X. was of good quality . After discussion It was also decided that the major repair contract should be allotted to Shri X only after obtaining the written permission of the Hon. Secretary . It was also decided that payment should be made to the Contractor only after the work was certified by the society’s Architect. The draft of the Terms and Conditions, Mode of Payment etc. was also read out in the Managing Committee Meeting and the below mentioned resolution was passed.
RESOLUTION NO.:-
RESOLVED THAT the major repair work should be alloted to Shri X.
FURTHER RESOLVED THAT any additional work should be undertaken by Shri X . only after obtaining the written permission of the Hon. Secretary .
FURTHER RESOLVED THAT payment should be made to the Contractor only after the work has been certified by the Architect.
Note: While allotting major repairs work utmost care should be taken . In our opinion the cheapest offer is not a always the best offer. Give a reasonable amount of profit to the Contractor willingly. Always insist for quality . Always insist that the Contractor or his Representative must have give in writing the weekly work done by him and work he proposes to take up in the next week. Tell the Contractor to make an informal commitment about the number of employees that would be attending the society’s work every day. With a view to get the work done on schedule insist for a penalty clause if the work is delayed beyond the stipulated period . This can eliminate the Contractors who do patch up type of work.
Proposed By
Seconded By
Carried Unanimously/By Majority.
24. To withdraw the Fixed Deposits on Maturity.
The Hon. Secretary informed the members that a sum of Rs.__________ /- ( Rupees _________________________ Only). invested in Fixed Deposit Receipts with _______ Bank,______________ Branch bearing No. _________________ had matured on _______. The Hon. Secretary informed the members that an application for withdrawal of Fixed Deposits Receipts alongwith a resolution of the Managing Committee has to be submitted to the society’s bankers so that they could release the said amount. Members agreed with the view of the Hon. Secretary that the said amount should be transferred to the society’s Savings Account with the same bank and the following resolution was passed.
RESOLUTION NO.:
RESOLVED THAT a sum of Rs._______________ /- (Rupees _________________ Only) invested in Fixed Deposit Receipts with ______ Bank, _______________ Branch be withdrawn as the said amount had already matured.
FURTHER RESOLVED THAT necessary instructions be issued to the society’s bankers ___________________ that the said amount with interest should be transferred to the society’s Saving Account with the same Bank.
FURTHER RESOLVED THAT the ____________________ Hon. Secretary and ___________________ . Chairman be and is herewith authorised to complete the necessary Bank formalities with regards to the withdrawal of Fixed Deposit amount with interest and for the transfer of the said amount to the society’s Savings Bank Account No
__________ with ________________ Bank ___________________ Branches .
Proposed By
Seconded By.
Carried Unanimously /By Majority.
Note: It is our experience that many bankers are in the habit of putting a rubber stamp on fixed deposits stating that the fixed deposit is for sinking fund amount . In fact they ask these questions at the time you go to invest the amount. You can tell the bank firmly that it is not business of the bank to ask for such information . There have been a number of incidences when banks have inside for registrars permission before parting with funds in case of premature withdrawal of fixed deposits. Societies should also close there current accounts and operate the savings account. This things are not liked by the bankers but getting interest could be of interest to your society.
25. To issue Share Certificate to members.
The Hon. Secretary informed the members that after registration of the society, the society has to issue Share Certificates to its members. The Hon. Secretary further informed the members that as per the society’s Rules and Regulations the said Share Certificates have to be signed by the Hon. Secretary , Chairman and one member of the Managing Committee . The Hon. Secretary further informed the members that the Share Certificates have been prepared and kept ready and the same have to be signed . After discussion it was decided that Shri . _________________ Hon. Secretary, Shri _______________________ Chairman and Shri ______________________ Managing Committee member be and are hereby authorised to sign the Share Certificate . It was further decided that the Share Certificate should be issued to the members and the following resolution was passed.
RESOLUTION .:
RESOLVED THAT Shri__________________________ Hon. Secretary , Shri
________________________ Chairman and Shri _________________________
Managing Committee member be and are hereby authorised to sign the Share Certificate .
FURTHER RESOLVED THAT the Hon. Secretary be and is herewith authorised tot issue the Share Certificate to the members.
Proposed By
Seconded By
Carried Unanimously/By Majority.
Note:- As per the provisions of bye laws within six months from the date of formation of the society the share certificate has to be delivered to the original promoters.
26. To grant permission for internal major repairs /renovations.
The Hon. Secretary informed the members that he has received an application form member Shri X occupying Flat No. 501 that he proposed to carry out internal major repairs and renovations in his flat. The particulars of the major repairs and renovations have proposed to be carried out by Shri X are as under.
1. Marble flooring
2. Making a false ceiling.
3. Constructing a Kitchen granite platform
4. Affixing sliding window/ channel in the balconies.
The Hon. Secretary further informed the members that the said member had also assured him that the work will not cause nuisance and /or inconvenience to other members of the society. The Hon. Secretary further informed the members that Shri X had in his application mentioned that the repairs and renovations work would be completed within a period of fifteen days. The Hon. Secretary further informed the members that Shri X, had also given a deposit of Rs.__________ /- (Rupees ___________________________ Only). The Hon. Secretary further informed the members that the said Shri X had agreed to get the things repaired at his cost if any damage occurred because of the repairs and renovation carried out by Shri X. The Hon. Secretary further informed the members that Shri X has assured him that there would be no structural alternations in the said flat and the repairs and renovations would be carried out without violating B.M.C. Laws . The Hon. Secretary further informed the members that the deposit of Rs.____________ /-
would be refunded to Shri X only after the said Shri X obtained the No Objection Certificate (NOC) from the members occupying the adjoining flats and the members who is residing below Shri X’s flat. After discussion members agreed to grant permission to Shri X for carrying out repairs and renovation and the following resolution was passed .
RESOLUTION NO.:-
RESOLVED THAT permission be granted to Shri X to carry out internal major repairs and renovations subject to Shri X not carrying out any structural alternations and/or not causing nuisance to other members of the society .
FURTHER RESOLVED THAT the said repairs and renovations shall be completed within a period of fifteen days.
FURTHER RESOLVED THAT a deposit of Rs. ________________ /- (Rupees _________________________ Only).be collected from Shri X.
FURTHER RESOLVED THAT the said deposit of Rs ______/- ( Rupees____________________ Only). be refunded to Shri X after the completion of repairs and Shri X obtaining the No Objection letter from the members occupying adjoining flats and the member occupying flat below Shri X’s flat.
Proposed By
Seconded By
Carried Unanimously / By Majority.
27. To appoint a Sub-Committee to look after the work of ___________
The Hon. Secretary informed the members that having regards to the quantum of work and constructive suggestion received from some of the members of the society it would be advisable if a separate Sub-Committee is formed for the purpose of looking after the work of _________________ . He further informed the members that by forming a Sub-Committee the valuable time of the Managing Committee members could also be saved . The Hon. Secretary further informed the members that three members of the society Shri A, Shri B and Shri C had willingly offered to be members of the Sub-Committee formed for the purpose of ______________ . Members present in the meeting agreed with the view of the Hon. Secretary that the Sub-Committee should be formed for the purpose of looking after the work of _______________________ .
It was also decided that the decisions taken by the Sub-Committee with regards to the matter of _____________________ would be rectified by the Managing Committee and the below mentioned resolutions was passed.
RESOLUTION NO.:-
RESOLVED THAT a Sub-Committee should be formed to look after the work of _____________ .
FURTHER RESOLVED THAT the decisions taken by the Sub-Committee would be rectified by the Managing Committee.
Proposed By
Seconded By
Carried Unanimously/By Majority.