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  • Managing committee

Can co-opted Managing Committee member become Office Bearer and is there a limit to the number of members that can be co-opted ? 
If yes then what is the bye law and bye law number ? 
If no then where is it mentioned ? 

Can you please provide the extract or bye law number supporting the answer.
Asked 5 years ago in Property Law
Religion: Hindu

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19 Answers

Bye Law No 115(b)


The Committee of the Society may co-opt two “Expert Directors” relating to the objects and activities under taken by the Society..The number of such co-opted Members shall not exceed two in addition to the strength of the committee as provided in bye-laws No. 113., such co-opted Members shall not have the right to vote in any election of the Society in their capacity as such Member or to be eligible to be elected as office bearers of the committee.

Bye Law No 115(c)


The Committee of the Society may co-opt two “Functional Directors”, such Members shall be excluded for the purposes of counting the total numbers of the committee and shall have no right to vote.

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

As per Maharashtra apartment act the members co opted only place of retiring members can be members of the resident welfare association.

The co-opted member who has been choosen by the remaining committee members will have all the right as other members in RWA.

For this purpose you may consider the apartment and model bye laws in absence of any bye laws by the resident welfare association.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

The MC member can become Office Bearer, this By-laws may be created in you your AGM or SGM. you need to check in your society all those By-laws  created and whether all those by-laws are approved by the sub-registrar of co-op housing society as well.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

No .

Co-opted member can't become office bearer.

Please answer how many numbers of members are in your Society?

It is important to know us to answer your questions. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Please go through the bye laws of your Society. The bye laws permit as to who be appointed/elected/selected as Office bearers.

Societies Registration Act, 1860 empower the bye laws which is made in accordance with the Act.

Raj Kumar Mishra
Advocate, Allahabad
180 Answers
2 Consultations

1. Any vacancy /reduced strength of the Mg.Committee shall be filled by way of Co-option of members, under the provision of section 154B-19(4) of the amended Maharashtra Cooperative Societies Act.

2. Section 154B-1(10):  “Committee Member” means a Member of the society who has been elected or co-opted or nominated in accordance with this Act, rules and bye-laws of the society;

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

- There is no difference between elected member and co-opted member , except that the co-opted Expert Committee member can not contest for not vote in election to any office.

- Further , as per the Bye Law No 115(b) , the Committee of the Society may co-opt two “Expert Directors” relating to the objects and activities under taken by the Society, and the number of such co-opted Members shall not exceed two in addition to the strength of the committee as provided in bye-laws No. 113.,

- Further , such co-opted Members shall not have the right to vote in any election of the Society in their capacity as such Member or to be eligible to be elected as office bearers of the committee.

- Further, under the Bye Law No 129. the period of office of the co-opted Member of the Society shall  be coterminous with tenure of Office of the Committee.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

With effect from 14 2 2013 cooption rule is laid down in a following Proviso to Article 243Zj (2) of the Constitution of India.

“Provided that the board may fill a casual vacancy on the board by nomination out of the same class of members in respect of which the casual vacancy has arisen, if the term of office of the board is less than half of its original term.”

 

Only Two Committee members can fill co-opt members to fill up vacant seats provided the Committee goes by above Provision. In other cases Rule 74 of New Election Rules applies. Newly set up State Cooperative Election Authority only can handle the cooption.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

byelaw no

114 b. The Committee of the Society may co-opt two “Expert Directors” relating to
the objects and activities under taken by the Society..The number of such
co-opted Members shall not exceed two in addition to the strength of the
committee as provided in bye-laws No. 113., such co-opted Members shall
not have the right to vote in any election of the Society in their capacity as
such Member or to be eligible to be elected as office bearers of the
committee.
c. The Committee of the Society may co-opt two “Functional Directors”, such
Members shall be excluded for the purposes of counting the total numbers of
the committee and shall have no right to vote.
d. In respect of housing society having contribution of the Government towards
its share capital, then the members of the committee shall include two
officers of the Government nominated by the State Government, which shall
be in addition to the number of members specified as above, and as
provided under section 73 AAA of the Act.
e. The Election of the Society shall be conducted by the State Coo

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. No co-opt member cannit become office bearer of managing committee.

2. Two co-opt members can be included in managing committee.

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Bye laws are specific to each society. Find your society's bye kaws and go through them. The law doesn't prohibit the members not do what you have stated. Bye laws may stop a person.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Only 2 co-opted members can be office bearers

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

MC can co opt 4 members to fill in vacancy 

 

they can be office bearers of society 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

What is toral no of nominal members in your Society?

The total number of nominal members of Society play vital role to form and elect office bearers and MC members. The answer is important to answer your question. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

1. YES .... it is possible. Old Office Bearers may resign and the coopted new members may be appointed as respective office bearers, by majority vote in a duly called Mg.Committee meeting for the specific purposes.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Only Two Committee members can fill co-opt members to fill up vacant seats provided the Committee goes by above Provision. In other cases Rule 74 of New Election Rules applies. Newly set up State Cooperative Election Authority only can handle the cooption.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

  1. As per the information mentioned in the present query, makes it clear that there may be inclusion of new members due to the vacant posts on various reasons at present.
  2. I would like to apprise you that there can be seven official bearers, but many other acting members as there is no limitation to that in law.
  3. Yes, they can become the new office bearers after following the due process of law.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

No, max two co-opt members can be included in managing committee.

Co-opt members cannot become office bearers in any case. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Membership can be obtained through a process of elections in most societies. Nobody can be a member without tye consent of other members. He may stand in an election and get elected unopposed.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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