Answers to your queries on Co-operative Law as posted in Free Query’s*
section on Chsguru.com.
Can a MC charge a defaulting member Interest as well as penalty. As
the bye laws permits only 21% interest. Also is it compulsory for MC to issue
bills for the maintenance, when we have full-fledged staff to do this job.
Thank you very much. It’s very appreciable that your site attends to so many
problems of the MC as well as members. Good service to public in general.
Mathew Saldanha. Dream City Nashik,
Off. Pune-Nashik
Road, Near Dwarkha, Nashik.
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The Society can levy simple
interest at maximum twenty one percent per annum or at such lower rate as may
be fixed by the General Body of the society, on the outstanding dues to the
Society, from the date the amount was due, till full and final payment by the
Member, there is no provision to charge
compound interest or any other penalty or fines. Further as per the Bye-laws it is the duty
of the Secretary of the Society, to prepare bills/ demand notice in respect
of the charges of the Society payable by Members.
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One of the Members expired he had nominated his Son and Daughter as
Nominees. They have not complied with the requirement of Bye-law 34 of the
model bye laws. Son expired recently, now his wife as a legal heir has
written to the society restraining the society from issuing NOC for in favour
of the sister. The Matter is in the court now. As a society can we raise
bills in name of the late deceased members and take 50% from both the first
Nominee and the legal heir of the second Nominee. Please advice.
Sandeep S. Khot.,
J. P. Road, Near Sport Complex, Andheri West, Mumbai.
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I live in this flat for past 4 years, No AGM has been held and there
are no records shown of money used in building maintenance. What can I do?
Vinit Patel., Sagar Complex,
Saibaba Nagar, Borivali West, Mumbai - 400 092.
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This is not only unacceptable but also in violation of the Law. The
AGM has to be held once is every year on or before 30th September as per Section 75 of the Maharashtra Co-operative Societies
Act and the annual report of the managing committee with
the statement of the accounts etc., have to be circulated to all members of
the society. You should immediately take-up this matter with the Office of the Deputy
Registrar of the Co-operative societies for necessary action, the Registrar
not only have powers to direct the Office bearers but also fine them &
debar them from the Committee. To know the office of your Assistant/ Deputy
Registrar visit our page: Address &
Jurisdiction of the Registrar of Co-operative Societies.
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Can a mother nominate her son for her share of the flat jointly held
with the same son and allow him 100% share after her death and can he
nominate his wife for the full 100% after his death.
Neeta Kumar, Sai Nagar, Vasai West,
Thane, Maharashtra - 401202.
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Yes, a member can nominate any
person as per his wish, including the joint/ associate members/ Co-owners as
Nominee. A member of the society may, by writing
under his hand, in the prescribed form, Nominate a person or persons to whom
the whole or part of the shares and/ or interest
of the member in the capital/ property of the society shall be transferred in
the event of his/ her death.
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Kindly let me know what is the limit of expenditure office bearers
have without approval of General Body for repairs and other emergency
expenditure with reference to the Law?
Rajesh Thakare, Dayanand Garden,
Wanworie, Pune - 411 040.
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As per Model Bye-laws 158 the
Committee shall be competent to incur expenditure on the repairs and
maintenance of the society's property once
in a financial year, the onetime expenditure does not exceed:
Upto 25 members: Rs. 25.000/-
26 to 50 members Rs. 50,000/-
51 and above Up to Rs. 1,00,000/-
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As per model Bye-laws of Co-op Societies, what are the rules for
signing a cheque?
Ramesh Kamthe, Harmony,
Pratiksha Nagar, Sion, Mumbai - 400 022.
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As per model Bye-laws applicable to Co-operative Housing Societies
the cheques shall be signed by the Secretary jointly with the Chairman or
Treasurer.
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