Any amendment in bye laws has to be approved in AGM or SGM and placed before registrar for approval
Term limits for executive committee members
Our apartment owners association is registered under Tamil Nadu Societies Registration Act 1975. The act has a clause that says members can be elected for up to a period of 3 years for the Executive Committee, and they shall be eligible for reelection. Our term within our bylaws is for 1 year, after which fresh election takes place. We want to consider an amendment that would restrict members from re-election after 2 terms, and they would be eligible for reelection only after a gap of 1 term. This is present in other bylaws of other OAs registered under the act. We want a legal opinion on this so we can consider this amendment to our bylaws.
Asked 3 years ago in Property Law
Religion: Other
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8 Answers
No amendment of the by-laws of a registered society shall be valid until the same has been registered under this Act, for which purpose a copy of the amendment shall be forwarded to, the Registrar.
If the Registrar is satisfied that any amendment of the by-laws is not contrary to this Act or to the rules, he may, if he thinks fit, register the amendment.
When the Registrar registers an amendment of the by-laws of a registered society, he shall issue to the society a copy of the amendment certified by him, which shall be conclusive evidence that the same is duly registered.
The proposed amendment has to be approved by the majority of members in the AGM or SGM by passing a resolution to this effect
if you wish to amend the bylaws to restrict members from re-election after completing 2 terms and to allow their re-election only after a 1-term gap, you should consult a lawyer familiar with the Tamil Nadu Societies Registration Act 1975. The lawyer will assist you in assessing the feasibility of the proposed amendment, whether it complies with other provisions of the act, and help you in drafting and finalizing the amendment.
Regards
At a Special General Meeting or Annual General Meeting, in order for a proposed amendment to a bye-law to be approved, it must receive a two-thirds vote of the total members present. This means that two-thirds of the members present must agree to the amendment for it to be adopted.
Thank you. My question is - is the amendment to restrict eligibility of members to be re-elected only after a 1-year gap valid under the act, assuming it is adopted by the members?
Asked 3 years ago
A resolution has to passed in this regard in the special or general body meeting by placing this as main agenda for the meeting.
If the change in the bylaws in this regard is adopted by majority members and a resolution is passed accordingly. then once the registrar has accorded approval then it becomes the amended law.
It is contrary to provision of act wherein all members of executive committee can stand for re election
It's only if any disqualification is suffered by the member
Dear client,
As per the Tamil Nadu Societies Registration Act 1975, the members of the Executive Committee can be elected for a period of up to 3 years and shall be eligible for reelection. However, the bylaws of your apartment owners association currently provide for a 1-year term and fresh elections.
You can certainly consider amending the bylaws to restrict members from re-election after 2 terms and make them eligible for re-election only after a gap of 1 term. This is a common provision in many societies and associations, and it can help ensure that there is a regular turnover of members in the Executive Committee.
To make this amendment, you should follow the process outlined in your association's bylaws and the Tamil Nadu Societies Registration Act. Generally, the process involves giving notice of the proposed amendment to all members of the association, holding a general meeting to discuss and vote on the amendment, and passing the amendment by a prescribed majority vote.
It would be prudent to consult a lawyer familiar with the Tamil Nadu Societies Registration Act and the process of amending association bylaws to ensure that the amendment is properly drafted and implemented.
