Question 1

How much can the managing committee spend on repairs without the general body's approval?

Accepted Answer

From 22 Jun 2026 the limit is a one-time spend once in a financial year, based on the number of members. It is Rs 1 lakh for up to 25 members, Rs 2 lakh for 26-50, Rs 3 lakh for 51-100, Rs 4 lakh for 101-1,000 and Rs 5 lakh above that. Anything bigger needs general-body approval, except genuine emergency repairs. Rule 106C-13(5)(b) replaced the 2014 bye-law limits in BL 156(a). Those were Rs 25,000, Rs 50,000 and Rs 1 lakh. Above the limit, the general body approves the work. The general body also fixes a tender threshold. Works above it go through a fair, transparent and competitive process: tenders opened at a committee meeting, an architect or technical expert for major works, and the general body's approval (BL 156; dBL 147-148). The committee may appoint professionals such as architects and contractors only with general-body approval (106C-13(2)(b)). Splitting one job into several invoices to stay under the limit is an irregularity the auditor will report. It can lead to personal liability; see committee-004.

Question 2

How is a casual vacancy on the committee filled?

Accepted Answer

The committee fills it. The Secretary puts up a notice inviting nominations from members for seven days. The committee scrutinises them and, if there are more valid nominations than vacancies, chooses by majority vote. The co-opted member serves only for the rest of the committee's term. Rule 106C-13(4) covers vacancies caused by death, resignation, disqualification, removal, incapacity or any other reason before the term ends. The 2014 bye-laws said the same thing in different words (BL 127). Under BL 127 the co-optee comes from the same class of members as the vacancy, which matters for reserved seats. If so many members resign that the committee cannot meet its quorum, it cannot co-opt validly. The Registrar then acts under s.77A. See Vijay Lakhi, where 4 of 8 members resigned and the co-option by the remaining 4 was attacked for lack of quorum.

Question 3

Can members or the Registrar remove the managing committee before its term ends?

Accepted Answer

There is no general-body vote to remove the whole committee. Officers such as the chairman or secretary can be removed from their posts by a no-confidence motion of the committee under s.73-ID. The Registrar can disqualify individual members under s.154B-23 or s.75(5). The Registrar can manage a breakdown under s.77A. The supersession powers in ss.78 and 78A do not reach a society without Government aid. A no-confidence motion against an office-bearer under s.73-ID works like this: - it is requisitioned by one-third of the committee; - the meeting is presided over by the Registrar's officer; - it passes by two-thirds of those present and voting; - it cannot be moved within two years of the officer taking office (amendment of 15 Jan 2024); - a failed motion cannot be repeated within six months (BL 124). Disqualification removes a member from the committee. The grounds include default, responsibility under ss.79, 88, 154B-8(2) or 154B-27, and failure to call the AGM (s.75(5)). Sections 78 and 78A carry a proviso excluding societies with no Government shareholding, loan, assistance or guarantee. The High Court applied that proviso to quash a supersession in Shree Shantiniketan 'C' CHS (2023). A general body unhappy with its committee can use its supremacy over policy (106C-13(3)(a)). It can refuse to ratify, direct the committee, and complain to the Registrar with specifics.

Question 4

Are committee members personally liable for losses or wrong decisions?

Accepted Answer

They can be. Committee members are jointly and severally responsible for the committee's decisions and for acts or omissions harmful to the society. After an audit, inquiry or inspection, the Registrar can order a person to repay or compensate under s.88. Each elected member must also give the indemnity bond within 15 days of taking office. BL 136 makes committee members jointly and severally responsible for their decisions and for acts or omissions detrimental to the society. Under s.88, a person found to have misapplied or retained money, or to be guilty of misfeasance or breach of trust, can be charged and made to repay with interest or compensation. The finding must come from an audit (s.81), inquiry (s.83), inspection (s.84) or winding-up report. In Sudhir Diwan (2026) the Division Bench refused to direct a s.88 inquiry on a member's suspicion alone. It said the power needs "tangible material" (para 9). A person held responsible under s.79 or s.88 is also disqualified from the committee for five years (s.154B-23(1)(iii), (3)). Other points: - Each elected member gives the M-20 bond within 15 days of assuming office (s.73(1AB)). - Committee members must file audit rectification reports (s.82). Failure can be an offence
  (ss.146-147).
- No officer may have an interest in a contract or transaction of the society (BL 115;
  dBL 111).
- A member interested in a matter must not be present when it is considered (BL 119). Record dissent in the minutes; it is the best protection for a member who disagreed.

Question 5

How often must the committee meet, and what notice and quorum are needed?

Accepted Answer

At least once a month, on 3 clear days' written notice with the agenda. The quorum is a simple majority of the committee as constituted at election. Under the draft 2026 bye-laws it is 3 for societies of 50 or fewer. A member who misses three monthly meetings in a row without leave ceases to be on the committee. BL 126 requires a meeting at least once a month. In an emergency a circular resolution can be passed and placed before the next meeting. BL 131 requires 3 clear days' notice stating the date, time, place and business. If the Secretary and the Chairman both fail to issue it, the federation may call the meeting. Quorum under the 2014 bye-laws follows the BL 113 table. The draft 2026 bye-laws fix it at the election and do not reduce it for later vacancies (dBL 109(e)). BL 118(a)(ii) ends membership after three consecutive absences without leave. The committee minutes it and the Secretary informs the member and the Registrar. The draft bye-laws allow committee meetings by audio-visual means (dBL 130). In Ramane the High Court took note of a member's complaint that notices sent by WhatsApp said only "all important subjects will be discussed" (para 25). Put the agenda in the notice.

Question 6

Can a committee member's relative get a society contract, for example for repairs or redevelopment?

Accepted Answer

No officer may have any direct or indirect interest in a society contract, purchase or other transaction. For redevelopment the 2019 directive specifically bars a committee member or their relative from being the developer. An interested member must stay out of the discussion. BL 115 and dBL 111 bar officers from any interest in contracts, property sold or purchased, or other transactions of the society. BL 119 requires an interested member to be absent when the matter is considered. Clause 18(12) of the s.79A redevelopment directive of 4 Jul 2019 bars committee members and their relatives from being the developer. A breach can support a s.88 surcharge after an audit or inquiry. It can also support disqualification of the member and a s.91 challenge to the contract.

Question 7

Is the committee bound by what the general body decides?

Accepted Answer

Yes. The general body is the supreme decision-making authority, and its decisions bind the committee, which carries them out. The general body itself must stay within the Act, the Rules, the bye-laws and Government and Registrar directions. Rule 106C-13(2)(a) makes the committee execute the general body's decisions, prepare the budget, keep the accounts, ensure timely audits and look after repairs. Rule 106C-13(3)(a) calls the general body supreme. The High Court has held that a general body's power must be exercised reasonably. In Venus CHS an area-wise maintenance resolution was struck down as irrational. A resolution that breaks the Rules is also invalid, for example interest above 12 % or a non-occupancy charge above 10 %. A committee member asked to implement an unlawful resolution should record dissent. The committee should seek the Registrar's guidance rather than act on it.

Question 8

Our chairman has not called a committee meeting for two months. What can an ordinary committee member do?

Accepted Answer

Under the draft 2026 bye-laws, any committee member can ask the chairman in writing to call the meeting, and if he does not within seven days, apply to the Registrar, who can have the federation or an authorised person convene it. Under the 2014 bye-laws, the Secretary, then the chairman, then the federation on request can call it; one-third of the committee can also requisition a special meeting. The committee must meet at least once a month (BL 126(a); dBL 122(a)). 2014 route: BL 131 makes the Secretary issue notice in consultation with the chairman; if he fails, the chairman issues it; if both fail, the housing federation to which the society is affiliated may call the meeting on receiving information and a request. BL 134 lets one-third of the committee requisition a special meeting, which the Secretary must call within 7 days. Draft 2026 route (dBL 128(c)-(f)): written request by any member to the chairman when no monthly meeting has been held; application to the Registrar after seven days; the Registrar may authorise the federation or appoint a person to convene and conduct it; the society bears the cost. Keep copies of your requests. Repeated failure to meet is also relevant when the Registrar looks at a breakdown of management (s.77A).

Question 9

One-third of us requisitioned a special committee meeting and the Secretary did nothing. What now, and what can that meeting discuss?

Accepted Answer

The Secretary must call it within seven days. If he does not, the chairman issues the notice, and failing both, the federation (2014 bye-laws) or, under the draft 2026 bye-laws, the Registrar's route applies. The special meeting takes up only the business in the requisition. BL 134: on a requisition by one-third of the committee the Secretary convenes a special meeting within 7 days of receipt, "to discuss the matter mentioned in the requisition"; if he fails, the BL 131 fallback (chairman, then federation) applies. dBL 128(a)-(b) keeps the seven days and says the meeting considers only the business specified. Count one-third on the committee's strength (a fraction should be rounded up to be safe). Deliver the requisition to the Secretary with a copy to the chairman, and take an acknowledgement. The normal notice (3 clear days) and quorum rules still apply to the special meeting. Do not confuse this with a no-confidence motion: that requisition goes to the Registrar under s.73-ID, who convenes and presides (committee-105).

Question 10

Can managing committee meetings be held on Zoom or another video platform?

Accepted Answer

The draft 2026 bye-laws expressly allow it if the committee passes a resolution; the link goes with the notice, remote members count for quorum and voting, and recording is optional. The 2014 bye-laws are silent and the 2026 Rules speak only of general meetings. A society still on 2014 bye-laws can use video with a committee resolution, but should minute attendance carefully. dBL 130 (a new provision): the committee may permit audio-visual meetings by resolution; the Secretary sends the link with the notice; those participating are deemed present for quorum and voting; proceedings are recorded in writing in the minutes; video recording is not mandatory; members must identify themselves, keep decorum and not allow unauthorised persons; the chair can restrict a disruptive participant, noting it in the minutes; and the committee can lay down protocols. Rule 106C-13(3)(b) covers general meetings only. For societies on the 2014 bye-laws (BL 125 says meetings are "normally" held on the premises), our view is that remote attendance is not prohibited, but the safer course is a committee resolution adopting a dBL 130-style protocol, and a general-body resolution endorsing it. The minutes should name who attended remotely.

Question 11

Three committee members have resigned. Does the committee's quorum come down with its numbers?

Accepted Answer

It depends on the bye-laws. The 2014 table note says the quorum is a simple majority of the existing committee members, which suggests it moves with vacancies. The draft 2026 bye-laws say the opposite: the quorum is fixed at a majority of the members elected and does not reduce for resignation, death, disqualification or other vacancies. BL 113 gives a fixed quorum for each committee size (6 for 11, 7 for 13 and so on) and adds a note: "Quorum for the Meeting will be simple majority of the existing Committee Members". BL 125 requires the quorum for every item. dBL 109(e) fixes the quorum at a simple majority of the elected members "immediately after its election", three for societies of 50 or fewer, and says it stays unchanged whatever the vacancies; unfilled reserved seats are left out of the count. dBL 121(b) separately says "simple majority of the existing Committee Members, unless otherwise provided", so the draft is internally inconsistent and 109(e) is the specific rule. Why it matters: if resignations leave too few to form the quorum, the committee cannot validly co-opt, and the Registrar acts under s.77A (committee-002; Vijay Lakhi). Fill vacancies quickly while a quorum still exists.

Question 12

What can the committee decide by circular resolution, and how should it be done and recorded?

Accepted Answer

Only urgent matters that cannot wait for the next meeting. Send the text of the resolution to every committee member, collect signed or written approvals from at least a majority, and place the resolution before the next meeting for confirmation, where it becomes part of that meeting's minutes. Do not use circulation for matters reserved to the general body or for anything in which a member is interested. BL 126(b) allows the committee, "in case of emergency", to pass a resolution by circulation, to be placed before the next meeting. dBL 122(b) says "in case of urgency" and adds that it is placed for confirmation and forms part of the proceedings of that meeting. Neither text states a majority; the safe practice is approval by a majority of the whole committee, not just of those who reply, with the approvals in writing (signed copy or email from the member's registered address). A circular resolution cannot exceed the committee's powers (spending limits, matters for the general body) and cannot be used to avoid the interested-member rule (BL 119; dBL 115). Keep the circulated text, the list of members sent to, each reply with date and time, and the confirming minute together. The chairman's separate emergency power is in committee-205.

Question 13

I sent my resignation from the committee in anger. Can I withdraw it?

Accepted Answer

Under the draft 2026 bye-laws, yes, by writing to the chairman or Secretary before the committee accepts it or before thirty days pass, whichever is earlier. The 2014 bye-laws do not mention withdrawal; the resignation takes effect on acceptance or one month after receipt, so withdraw in writing at once and before the committee meets. BL 129 makes a committee member's resignation effective from acceptance by the committee or one month from receipt by the chairman or Secretary, whichever is earlier. dBL 124 keeps the thirty-day deemed acceptance, "notwithstanding that the Committee has not accepted or has rejected the same", and adds in clause (d) a right to withdraw by written intimation before acceptance or before the thirty days expire. Under the 2014 text, general law usually allows a resignation that takes effect in future to be withdrawn before it becomes effective, but this is not written into the bye-law, so the committee may argue otherwise. Once the resignation is effective the seat is a casual vacancy, and coming back means applying for co-option like anyone else (committee-202).

Question 14

If the chairman resigns only as chairman, does he stay on the committee, and who acts as chairman until a new one is elected?

Accepted Answer

Yes, resigning the office does not end committee membership unless he also resigns from the committee. The resignation of the office takes effect only after acceptance and handover of charge. Until the committee elects a new chairman, the members present at each meeting elect one of themselves to preside. BL 130(a) lets the chairman resign his office by letter to the Secretary; BL 130(c)-(d) make it effective only after acceptance and handing over charge, and the committee accepts only when satisfied that papers and property are produced. Resigning from the committee itself is a different letter under BL 129. In the gap: BL 132 and dBL 126(b) let the members present elect a chairman for that meeting. The office-bearers are elected by the committee from among its members (BL 124(a); dBL 120(a)); for a vacancy mid-term the committee should hold the election at a properly noticed meeting, with the item on the agenda. Change the bank mandate and inform the bank after the new chairman takes over. For societies of 250 or fewer members the first office-bearer election is conducted by the Returning Officer; see elections-316 on mid-term vacancies.

Question 15

The chairman lost a no-confidence motion. What happens next?

Accepted Answer

He ceases to be chairman at once and the office is vacant, but he remains a committee member. The committee then elects a new chairman from among its members at a duly called meeting. A fresh no-confidence motion against the new chairman is subject to the time bars. Section 73-ID(1) says the officer "shall cease to be" chairman when the motion passes and the office "shall thereupon be deemed to be vacant". BL 124 and dBL 120(c)(ii) say the same. The meeting is presided over by the Registrar or an officer not below Assistant Registrar, cannot be adjourned, and the names of those voting for and against are read out and minuted (s.73-ID(4)-(6)). Next steps: - the outgoing chairman hands over the office papers and property he holds (s.160 applies on election of a new chairman; committee-208 on handover); - the Secretary calls a committee meeting to elect the new chairman; - change the bank signatories. Time bars: the bye-laws bar a further motion within six months of the previous one; the archived Act text bars a requisition within six months of an officer entering office, and the 2024 amendment is reported to make it two years (committee-105). Challenges to the motion's validity go to the Co-operative Court or by writ; consult an advocate.

Question 16

Can one person hold two offices, for example Secretary and Treasurer together?

Accepted Answer

The model bye-laws do not say so directly, but they treat the chairman, Secretary and treasurer as three separate offices with separate duties, and the bank account is operated by the Secretary jointly with the chairman or treasurer. Combining Secretary and treasurer defeats that two-person control, so avoid it. BL 124(a) and dBL 120(a) require the committee to elect "a Chairman, Secretary and Treasurer" from among its members. The draft gives each office its own powers and prohibitions (dBL 133-135): the Secretary is the chief executive and administrative officer; the treasurer supervises accounts, sanctions and bank accounts and must not permit unauthorised spending. BL 112 and dBL 108(b) make the Secretary operate the bank account jointly with the chairman or the treasurer. If one person is both Secretary and treasurer, the joint-operation safeguard can still work with the chairman, but the treasurer's check on the Secretary disappears; the auditor is likely to comment. In a very small committee (five or seven members) where nobody else will serve, record the reason, make the arrangement temporary, and require the chairman's co-signature on every payment.

Question 17

We put up a co-option notice and nobody applied, or nobody eligible applied for the women's seat. What now?

Accepted Answer

The seat stays vacant; the Rule says a casual vacancy "may" be filled, so there is no duty to appoint someone ineligible. Record the notice and the nil result, and try again later. A reserved seat can be filled only from the same class, so a women's seat cannot go to a man. Rule 106C-13(4) says a casual vacancy "may be filled" by the committee after a seven-day notice inviting nominations, scrutiny, and a vote if nominations exceed vacancies. BL 127 and dBL 123(e) require the co-optee to come from the same class or category as the vacancy. If no valid nomination comes in: - minute that the notice was displayed (with dates and a photograph), that no valid nomination was received, and that the seat remains vacant; - repeat the notice after a reasonable time or when a member shows interest. Under the draft bye-laws an unfilled reserved seat is left out when counting the strength for quorum (dBL 109(e)); under the 2014 bye-laws the quorum note refers to existing members (see committee-304). If vacancies pile up so that the committee cannot meet its quorum, inform the Registrar (s.77A).

Question 18

Only a few months of the committee's term are left. Must we still fill a casual vacancy?

Accepted Answer

No. The Rule says the committee "may" fill a casual vacancy, and the co-optee's term ends with the committee's anyway. Near the end of the term it is reasonable to leave the seat vacant, so long as the committee still has its quorum and the reserved-seat composition is not needed for a decision. Rule 106C-13(4)(a) and (e): a casual vacancy "may be filled by the Managing Committee", and the co-opted member's term is coterminous with the committee's. BL 128 and dBL 123(f) say the same. Factors: - quorum: if the vacancy threatens the quorum, fill it (committee-304); - workload: an office-bearer vacancy (for example treasurer) needs an election from among the members even if the seat is not filled; - the election timetable: for a small society the Returning Officer must be appointed 60 days before the term ends (elections-301), and the co-option process should not distract from that. Record the committee's decision not to co-opt and the reason.

Question 19

Can an associate member, a joint member or a tenant be co-opted or elected to the committee?

Accepted Answer

A tenant or other nominal member cannot. Under the 2014 bye-laws an associate member can be elected or co-opted only if the member has given the prescribed no-objection certificate and undertaking. A joint member (co-owner) is eligible like the member, subject to the usual disqualifications and the one-vote rule for the flat. Section 27(8) says a nominal member has no vote and is not eligible to be a committee member; BL 26 gives nominal members no rights of membership. BL 116(d) disqualifies an associate member whose member has not given the NOC and undertaking under the bye-laws; BL 25 gives the associate member only the rights allowed by the Act and bye-laws. The draft 2026 bye-laws speak of joint members, associate members and provisional members, and list the disqualifications in dBL 112 without a separate NOC clause; a joint member holds rights in the flat and can contest subject to dBL 112 and s.154B-23. Two practical checks at scrutiny: that the person is on the final voter list or member register (ER 76-H(6)), and that no member-level disqualification (for example default on the flat's dues) attaches to them.

Question 20

Can a husband and wife, or a parent and child from the same family, both sit on the managing committee?

Accepted Answer

Nothing in the Act, the 2026 Rules or the model bye-laws bars relatives from serving together if each is independently eligible. But a flat has only one vote, so two people cannot both hold committee seats on the strength of one membership unless each is separately a member, and each must stay out of items in which the other has an interest. Eligibility is individual: a person must be a member (or an eligible associate or joint member) and free of the disqualifications in s.154B-23 and BL 116 or dBL 112. No clause limits the number of relatives on a committee. Points to watch: - "family" is defined widely in BL 3(xxv), and the bar on interest in society contracts (BL 115; dBL 111) and the duty to withdraw from interested matters (BL 119; dBL 115) cover a relative's interest; - two relatives voting together on the other's proposals invites a perception of bias; record their votes by name on contentious items; - joint and several responsibility still applies to each (BL 136). Where members are uneasy, the general body can raise it at the election, but it cannot add a disqualification the law does not contain without amending the bye-laws.

Question 21

I paid for a small society expense from my own pocket. How should a committee member be reimbursed?

Accepted Answer

Submit the original bill with a short note of what was bought and why, get it approved by the committee (or within a limit the committee has delegated), and be repaid by bank transfer against a voucher. Reimbursement of actual expenses is not a sitting fee or allowance, but it must be within the budget and the committee's powers. The bye-laws do not have a separate reimbursement clause. The general rules apply: - every payment needs sanction and a voucher, and payments above Rs 1,500 are by cheque or bank transfer (BL 144); - the treasurer must ensure payments are made only after due sanction and within delegated powers (dBL 135); - the committee exercises only the powers conferred on it (dBL 132(r)). Allowances for attending meetings and travel are different: they need general-body approval and are capped by s.160B (committee-111). Good practice: a written reimbursement policy approved by the committee (what can be bought without prior approval, up to what amount), a monthly statement of reimbursements placed before the committee, and no reimbursement to the person who approves it. Keep the member's bank details on file rather than paying cash.

Question 22

The new committee has been declared elected. Who calls its first meeting, and what if the outgoing office-bearers stall?

Accepted Answer

Under the 2014 bye-laws the first joint meeting of the new and outgoing committees is held within 30 days; the outgoing Secretary issues the notice, failing whom the outgoing chairman, failing whom the Registrar. For societies of 250 or fewer members, the Returning Officer calls the meeting to elect office-bearers on seven days' notice. Handover follows under s.160. BL 121(a)-(b): the first meeting of the newly elected and outgoing committee is held within 30 days of the new committee's constitution (BL 117); the outgoing Secretary issues notice, then the outgoing chairman, then the registering authority. ER 76-O (archived draft) and dBL 117(b) have the Returning Officer convene the elected members on at least seven days' written notice with acknowledgement, stating the number of officers to be elected and the date, time and place; the business is minuted and sent to the Registrar. dBL 116(b) counts the new committee's term from its first meeting. After the office-bearers are elected, the outgoing chairman must hand over charge (s.160; BL 123), within 15 days under dBL 119(c). If the outgoing side refuses: written notice, then a report to the Registrar, who can order handover and have records seized (committee-208).

Question 23

Can the committee delegate its powers to a sub-committee or to one office-bearer?

Accepted Answer

Partly. The committee can set up working groups to examine and recommend (for example on repairs or parking), and can authorise an office-bearer to act within a resolution. But the decision on anything the bye-laws give to the committee should be taken by the committee at a meeting, and it remains jointly responsible for it. Neither the 2014 nor the draft 2026 bye-laws contain a general delegation clause. BL 137 lists the committee's functions item by item; dBL 132 describes the committee as the executive authority and lets it frame administrative policies and procedures (dBL 132(p)). The draft allows the chairman to authorise an office-bearer to represent the society (dBL 133(h)) and the bank account to be operated by office-bearers the committee authorises (dBL 108(b)). The committee is jointly and severally responsible for decisions (BL 136; dBL 131). Workable approach: a resolution creating a sub-committee with a written remit, a time limit and a reporting duty; the sub-committee recommends and the full committee decides; any authority to an office-bearer states the task, the limit in rupees and the period. Matters reserved to the general body cannot be delegated at all (dBL 107(c)).

Question 24

The committee issued a circular imposing a rule on residents that the bye-laws do not provide for. Is it binding?

Accepted Answer

Not if it goes beyond the Act, the Rules, the bye-laws or a general-body resolution. The draft 2026 bye-laws say such a circular or policy is void to the extent of the inconsistency, and that the committee may not impose restrictions, charges or penalties the law does not authorise. The 2014 bye-laws reach the same result more generally. dBL 132(r) bars the committee and office-bearers from imposing on any member, joint or associate member, family member, tenant, licensee or occupant any restriction, condition, charge, penalty or requirement not authorised by the Act, Rules, Government directions, bye-laws or other law. dBL 132(s) requires equal treatment of those similarly situated. dBL 132(t) declares an inconsistent resolution, circular or policy "void and unenforceable" to that extent. Under the 2014 bye-laws the committee exercises only powers "expressly conferred" and subject to general-body directions (BL 111, 137), and penalties for bye-law breaches need the general body (BL 164). What a member can do: write to the committee citing the provision; ask that the circular be placed before the general body; complain to the Registrar; or file a s.91 dispute where rights are affected.

Question 25

The draft 2026 bye-laws mention disqualification for "governance default". What does that mean for a committee member?

Accepted Answer

dBL 112(h) would disqualify a person who has failed to comply with statutory provisions, directions of competent authorities or lawful general-body resolutions, resulting in governance default or statutory non-compliance. It is new, broadly worded and in a draft, so how it will be applied is unclear. The draft list in dBL 112 keeps the familiar grounds (default after three months' notice, moral turpitude, responsibility under ss.75(5), 78, 79, 88, 147, 154B-8(2), 154B-27, dealing in flats, unauthorised subletting, three absences) and adds clause (h). Read with dBL 114, the member would cease from the date of disqualification, subject to confirmation by the Registrar where the Act requires. Section 154B-23(1)(iv) already disqualifies a person who "has incurred any disqualification under this Act or the rules", so clause (h) may be read as pointing to findings made under the Act (for example under s.75(5) or s.154B-8(2)) rather than letting a committee declare a colleague disqualified on its own view. Until the final text and practice are known, the safe course is: meet statutory deadlines, implement general-body resolutions or record why they cannot be implemented, and document compliance.

Question 26

A committee member has stopped paying maintenance. When exactly does he lose his seat?

Accepted Answer

A defaulter of any society is disqualified by s.154B-23(1)(i), and a member who incurs a disqualification ceases to be on the committee and the seat is deemed vacant. The bye-laws tie default to a written demand served by hand or registered post and three months without payment. Once he pays, he can be elected or co-opted again. Section 154B-23(1)(i) (quoted in Ramane, para 10) makes "a defaulter of any society" ineligible; s.154B-23(2) says a member who incurs a disqualification "shall cease to be a Member of Committee and his seat shall thereupon be deemed to be vacant"; s.154B-23(4) makes a defaulter eligible again as soon as the disqualification ends (unlike the five-year bar for the other grounds). BL 116(b) and dBL 112(a) define the default as failure to pay within three months of a written demand served by hand delivery or registered post (the draft adds Speed Post). Procedure under BL 118(b): the committee records the fact in its minutes, the Secretary informs the member and the Registrar, and under the 2014 text the member ceases on the Registrar's order; dBL 114 says from the date of disqualification, subject to the Registrar's confirmation where required. Keep the demand notice and proof of service; a disputed demand should be resolved first.

Question 27

A committee member has sold his flat. Does he automatically leave the committee?

Accepted Answer

Yes, once his membership ends. Only members can sit on the committee, so when the transfer is recorded and he ceases to be a member, his committee seat falls vacant and is filled as a casual vacancy. If he still owns another flat in the society and remains a member, he keeps the seat. Committee members are elected from among the members, and eligibility is tied to membership (s.154B-23 speaks of eligibility "for being a Member of Committee"; BL 116; dBL 112). The 2014 bye-laws also disqualify a person who has "sold his shares and interest in the society" (BL 116(f)). The date that matters is when the transfer of shares and interest is approved and entered in the register, not the date of the sale agreement. The committee should minute the cessation, inform the Registrar (BL 118(b)), collect any society papers or keys he holds, and, if he was an office-bearer, arrange handover and a change of bank signatories. The vacancy is then filled under Rule 106C-13(4) (committee-202). The buyer does not inherit the seat.

Question 28

A criminal case has been filed against a committee member. Does he have to step down?

Accepted Answer

Not merely because a case is pending. The bye-laws disqualify a person convicted of an offence involving moral turpitude, until six years pass from the conviction; the draft 2026 bye-laws add conviction with imprisonment of at least one year for any offence. A complaint or FIR alone is not a disqualification. BL 116(a) and dBL 112(b) turn on conviction, not accusation. The draft adds "convicted with imprisonment of not less than one year for an offence under ... any law". If the case concerns the society's money, other routes may apply: an audit or inquiry finding and a s.88 order would disqualify under s.154B-23(1)(iii) with a five-year bar (s.154B-23(3)). Meanwhile the committee can reasonably keep the member away from the matters connected with the case (interest rule, BL 119; dBL 115), and must not use society funds to defend a member's personal case (committee-207). A member who resigns voluntarily creates a casual vacancy in the ordinary way. Consult an advocate before taking any step that treats the member as disqualified.

Question 29

It turns out a committee member was disqualified all along. Are the committee's past decisions invalid?

Accepted Answer

Generally not. The Act protects acts done in good faith in the society's business from being invalid only because of a defect later found in the committee's constitution, or because an officer was disqualified. The Registrar decides whether an act was in good faith. Section 77(1): no act of a society, committee or officer, done in good faith in pursuance of the society's business, is invalid "by reason only of some defect subsequently discovered" in the constitution of the committee or the appointment or election of an officer, or on the ground that the officer was disqualified. Section 77(3) makes the Registrar's decision on good faith final. Limits: the protection covers good-faith acts, not decisions the disqualified member pushed through for his own benefit; and it does not validate a decision that lacked a quorum without him, if the defect was known. Going forward: record the cessation (committee-319, 320), fill the vacancy, and have the committee ratify any pending decisions at its next valid meeting.

Question 30

How should the committee handle a member's written complaint, and within what time?

Accepted Answer

Under the 2014 bye-laws, the committee decides the complaint at its very next meeting and communicates the decision within 15 days after that. A member not satisfied, or not answered in time, can go to the Registrar, Co-operative Court or other forum depending on the subject. The draft 2026 bye-laws make timely decisions on applications and complaints a duty of the committee. BL 171-173 set the route: a written complaint to any office-bearer; a decision at the immediate next committee meeting, communicated within 15 days; if unsatisfied or unanswered, the member approaches the authority listed in BL 173 for that subject (Registrar for some, Co-operative Court under s.91 for others). BL 139 has the Secretary place complaints before the next committee meeting. dBL 132(k) requires the committee to ensure that every application, request and complaint is processed, decided and communicated within the time prescribed; dBL 134(c) forbids the Secretary to withhold or delay any record or application. Practice: an inward register with a number and date for each complaint, a written reply stating the decision and reasons, and the minute reference. Ignoring complaints is itself a ground members raise with the Registrar.

Question 31

What changed for the managing committee between the 2014 bye-laws, the 2026 Rules and the draft 2026 bye-laws?

Accepted Answer

The 2026 Rules now set the committee's core duties, the co-option procedure and the repair spending bands for every society. The draft 2026 bye-laws add a seven-member committee for small societies, a quorum fixed at election, video committee meetings, withdrawal of resignations, a Registrar route when meetings are not held, new disqualifications and detailed limits on the chairman and committee. 2026 Rules (binding from 22 Jun 2026): committee executes general-body decisions, budget, records, audits and repairs; professionals only with general-body approval (106C-13(2)); casual vacancies by seven-day notice and committee vote, co-optee coterminous (106C-13(4)); repair spend Rs 1-5 lakh by size (106C-13(5)). Draft 2026 bye-laws: - 7 seats and quorum 3 for 50 or fewer members; quorum fixed at election (dBL 109); - term counted from the first meeting (dBL 116(b)); - audio-visual meetings (dBL 130); - member can seek the Registrar's help if no monthly meeting (dBL 128(c)-(f)); - resignation deemed accepted in 30 days and withdrawable (dBL 124); - handover within 15 days (dBL 119); - disqualifications add one-year imprisonment, s.75(5)/78 findings, commercial dealing in flats and governance default (dBL 112); - interested decisions liable to be set aside (dBL 115); - void circulars and duties of fairness (dBL 132(r)-(t)); - chairman's limits (dBL 133(c)). Dropped: the expert and functional directors of BL 114(b)-(c). Until adoption, the 2014 bye-laws apply with the Rules' overrides.

Question 32

What can a co-opted committee member do — vote, sign, become an office-bearer?

Accepted Answer

It depends on which kind. A member co-opted to fill a casual vacancy is a full committee member for the rest of the term, with the same right to take part and vote. The 2014 bye-laws also allow up to two "expert directors" and two "functional directors". They advise and take part, but they cannot vote in society elections or be elected as office-bearers. Functional directors do not count towards the committee's strength and have no vote. Casual vacancy. Rule 106C-13(4) lets the committee fill a vacancy by co-option after seven days' notice. The term runs with the committee's (106C-13(4)(e); BL 128; dBL 123(f)). Under BL 127 and dBL 123(e) the co-optee comes from the same class as the vacancy, for example a woman for a women's seat. Nothing in the Rules or bye-laws gives such a member lesser rights. The co-optee counts for quorum and votes like any elected member. Experts and functional directors (2014 only). BL 114(b) allows two expert directors, over and above the committee strength in BL 113. They have no right to vote in any election of the society in that capacity, and cannot be elected office-bearers. BL 114(c) allows two functional directors, excluded from the count and without a vote. The draft 2026 bye-laws do not repeat the expert and functional directors. A society that adopts them would co-opt only for casual vacancies and could use advisers or sub-committees instead. Signing cheques and the share certificate depends on the committee's authorisation (BL 10, 112).

Question 33

How is a no-confidence motion against the chairman, secretary or treasurer moved and passed?

Accepted Answer

At least one-third of the committee sign a requisition to the Registrar. The Registrar convenes a special committee meeting within 7 days, presided over by him or his officer, who does not vote. In a housing society the motion passes by two-thirds of the committee members present and entitled to vote (s.154B-24). No requisition may be made soon after the officer takes office, and a rejected motion cannot be brought again for one year. Housing societies have their own rule. Section 154B-24(1): an elected officer ceases to hold office if a no-confidence motion is passed at a committee meeting "by not less than two third majority of the Committee Members who are present and entitled to vote"; s.154B-24(2) applies sub-sections (2) to (7) of s.73-ID. Section 73-ID(1), which needs two-thirds of the total committee, does not apply to housing societies (s.154B(2)). The procedure: - requisition signed by at least one-third of the committee members entitled to elect the officer, delivered to the Registrar in person with the grounds, the text of the motion, the movers' names and the list of committee members (s.73-ID(2); Rule 57A(1)-(2)); - no requisition within a bar period after the officer took office: two years under the Maharashtra Co-operative Societies (Amendment) Ordinance of 15 Jan 2024 and L.A. Bill II of 2024 (six months in older texts); - the Registrar convenes the meeting within 7 days, for a date within 15 days of the notice; only the motion is on the agenda; the Registrar or an officer not below Assistant Registrar presides without a vote; the meeting cannot be adjourned; names of members voting for and against are read out and minuted (s.73-ID(3)-(6); Rule 57A(6)-(7)); - Rule 57A(7)(g)(iii), which rejects a motion if two-thirds of the committee are not present at the start, does not apply to housing societies (2026 Rules r.10); - a rejected motion cannot be brought again for one year (s.73-ID(7)). BL 124 (2014) and dBL 120(c) (draft 2026) also require two-thirds of those present and entitled to vote, but their six-month bar on a repeat motion is shorter than the Act's one year, and the Act prevails. Rule 57A still names Form M-18, which the 2026 Rules deleted (r.18); a requisition carrying the particulars in Rule 57A(1) should suffice. Only the office is lost. The person stays a committee member, and the committee elects a replacement officer. The general body has no power to pass a no-confidence motion against an officer. Removing the whole committee is a different matter (committee-003).

Question 34

What exactly are the Secretary's duties in a housing society?

Accepted Answer

The Secretary runs the society's day-to-day administration under the committee. The job covers meetings (notices, agendas, minutes), registers and records, member applications, bills and demand notices, statutory returns, inspection of the property and repair notices, copies of records for members, placing complaints before the committee, and custody of the seal. BL 139 (2014) lists the functions item by item: - issue share certificates; - deal with resignations, nominations, expulsions and cessation; - inspect the property and issue repair notices (BL 46); - handle all applications (BL 62); - prepare and issue bills; - report defaulters to the committee; - issue general-body and committee notices and record their minutes; - call the new committee's first meeting; - keep the books and registers; - finalise the accounts; - produce records to authorities with the chairman's consent; - prepare audit rectification reports; - notify members of bye-law breaches; - place complaints before the next committee meeting. The draft 2026 bye-laws call the Secretary "the Chief Executive and Administrative Officer" (dBL 134). They add maintaining the member, share, nomination, associate, provisional, parking and tenant registers; timely statutory filings; inspection and certified copies; supervising staff; records of recovery, litigation, conveyance and redevelopment; and supporting e-communication and online meetings. dBL 134(c) forbids withholding, suppressing, altering or delaying any record or application. The Secretary also operates the bank account jointly with the chairman or treasurer (BL 112; dBL 108(b)). The Secretary acts under the committee's directions. The committee as a whole stays responsible. A salaried manager can do clerical work, but statutory acts need the office-bearer.

Question 35

What are the chairman's and the treasurer's roles, and can the chairman decide things alone?

Accepted Answer

The chairman presides over meetings and has overall superintendence of the society's affairs. He may act alone only in an emergency, and must record written reasons and get the decision ratified at the next committee meeting. The treasurer is the financial officer. He supervises the books, receipts, payments, bank accounts, investments and funds, the budget and financial statements, and the audit follow-up. Chairman. BL 138 (2014) gives "overall superintendence, control and guidance" within the Act, Rules and bye-laws. In an emergency he may exercise any power of the committee, recording reasons in writing, and the decision must be ratified at the next committee meeting. He presides over general and committee meetings and has a casting vote (BL 102, 105, 132). The draft 2026 bye-laws (dBL 133) add duties: supervise the officers and staff, ensure resolutions are carried out on time, and monitor compliance and statutory deadlines. They also add limits. The chairman may not use powers not conferred, interfere in other officers' duties, issue directions contrary to law, or act arbitrarily or discriminate between members and occupants. Emergency action is limited to immediate danger to life, health, safety or property. Treasurer (dBL 135) must: - supervise the accounts; - ensure transactions follow sanction and delegated powers; - supervise the budget and statements; - monitor collections; - supervise bank accounts, investments and statutory funds; - co-ordinate with auditors and rectification; - handle tax and statutory filings; - report irregularities. The treasurer may not permit unauthorised spending or misstate records. Under both bye-laws, the bank account is operated by the Secretary jointly with the chairman or treasurer (BL 112; dBL 108(b)).

Question 36

The committee is running the society like a private club and we suspect misuse of funds. What can members actually do?

Accepted Answer

Use the steps the law gives, in order. Inspect the records and take copies. Raise written questions at the AGM. Requisition a special general meeting (one-fifth of members). Complain to the Registrar, who can inspect the society or order an inquiry. On an inquiry or audit finding, the Registrar can make those responsible repay the loss. Criminal misappropriation is a police matter. 1. Information. Members inspect accounts, registers and minutes free and get copies (s.32, s.154B-8;
   dBL 37). Refusal is itself a Registrar matter (dBL 190(A)(vii)).
2. General body. The general body is supreme and its decisions bind the committee (Rule 106C-13(3)(a)).
   One-fifth of members can requisition an SGM, to be held within a month (BL 95).
3. Audit. The statutory auditor reports irregularities. The committee must file a rectification report
   (s.82).
4. Registrar. The Registrar may inspect the working of the society (s.89A). He may hold an inquiry into its
   constitution, working and finances, of his own motion or on the application of a share of the members
   (s.83); the archived text says one-third. The applicants may have to deposit the cost, which is
   refunded if the allegations are substantially proved.
5. Recovery of loss. After an audit, inquiry or inspection, the Registrar may frame charges and order a
   person who misapplied or retained society money, or committed breach of trust, to repay with interest
   (s.88). A person held liable is disqualified from the committee (BL 116(c); dBL 112(c)).
6. Disputes about resolutions go to the Co-operative Court (s.91; dBL 190(B)(i)). Keep complaints specific, dated and documented. Anonymous or sweeping allegations rarely move an inquiry.

Question 37

Can committee members be paid — sitting fees, travel, an honorarium for the secretary?

Accepted Answer

The bye-laws allow sitting fees and travelling or conveyance allowance to committee members. These count as service charges, but only if the general body has approved them and within any limit the Government prescribes. Nothing in the bye-laws provides a salary or honorarium for office-bearers. A committee member may not have an interest in any contract with the society. Rule 106C-12(2)(d)-(e) and BL 65(d)-(e) include in service charges: - travelling allowance and conveyance charges to the staff and committee members; - sitting fees paid to committee members. The draft 2026 bye-laws add "if approved" for sitting fees (dBL 62(v)). Section 160B bars any committee member from receiving travelling allowance, daily allowance or similar allowances at a rate higher than the prescribed maximum. A monthly "honorarium" to the secretary or treasurer is not among the service-charge items. A society that wants one should put it to the general body with the amount and the reason, and accept that the auditor may question it. BL 115 and dBL 111 forbid any officer from having a direct or indirect interest in a contract with the society or a sale or purchase of its property. So a committee member cannot also be paid as the society's contractor or accountant (see committee-006). All such payments must be in the budget, paid by cheque or bank transfer, and shown in the accounts.

Question 38

Do members and committee members now have to attend co-operative training, and what is the Rs 10 education fund?

Accepted Answer

From 22 Jun 2026 every housing society must organise annual co-operative education and training. It is run through the State Federal Society or a State Apex Training Institute the Government notifies. As far as possible, each member attends one three-hour session a year, and each committee member, office-bearer and employee attends two. The society contributes Rs 10 per member per month to the Co-operative Education and Training Fund, and collects it from members. Rule 106C-7: - (1) every housing society organises annual education and training for its members, officers and
  employees through the notified State Federal Society or State Apex Training Institutes;
- (2) it contributes Rs 10 per member per month to the Co-operative Education and Training Fund, collected
  annually and used within that year or the next; an Association of Societies or Co-operative Housing
  Association pays Rs 1,000 a year;
- (3) "as far as possible": members at least one three-hour session a year; committee members,
  office-bearers and employees at least two;
- (6) societies provide for and pay the contribution every year. Rule 106C-12(4) item 11(iv) apportions the fund at Rs 10 per member, or the Government's higher rate. The 2014 bye-laws had set Rs 10 per flat (BL 13(d), 66(a)(xiv)). Keep attendance certificates in the training records. The Rule uses "as far as possible" for session counts, so non-attendance by one member is not itself a breach by the society. Not organising any programme, or not paying the contribution, would be. Check which institutes the Government has notified before paying.

Question 39

How do I call and run a managing committee meeting properly?

Accepted Answer

The Secretary, in consultation with the Chairman, gives every committee member at least 3 clear days' written notice with the date, time, place and agenda. The Chairman presides. A quorum must be present for every item. Decisions are by majority, and the chair has a casting vote. The committee must meet at least once a month. BL 126 requires at least one meeting a month. BL 131 requires 3 clear days' notice stating the date, time, place and business, issued by the Secretary in consultation with the Chairman. If the Secretary does not issue it, the Chairman does; if neither does, the housing federation may call the meeting on request. The draft 2026 bye-laws say the same (dBL 125). At the meeting: - the Chairman presides; if absent, those present elect one of themselves (BL 132); - quorum as fixed in BL 113 for the committee's size, checked for every item (BL 125); - one vote each, majority decides, casting vote to the chair on a tie (BL 133); - any member interested in an item leaves for that item (BL 119); - the Secretary records the minutes (BL 135; see records_rti_privacy-205). One-third of the committee can requisition a special meeting, which the Secretary must call within 7 days (BL 134). In an emergency a resolution can be circulated and passed, but it must be placed before the next meeting (BL 126(b)). Keep the notice, the delivery proof and the attendance sheet with the minutes.

Question 40

A committee seat has fallen vacant. What are the practical steps to co-opt someone?

Accepted Answer

Put up a notice on the society's notice board inviting nominations from members for seven days. Scrutinise the nominations for eligibility and place the valid ones before the committee. If there are more valid nominations than vacancies, the committee chooses by majority vote. Record the resolution; the co-opted member serves only for the rest of the committee's term. Rule 106C-13(4) (from 22 Jun 2026) sets the procedure. 1. Record the vacancy and its cause (death, resignation, disqualification, removal,
   incapacity) in the committee minutes.
2. The Secretary, or a person authorised, puts up a notice for seven days inviting
   nominations. State the seat (general or reserved category; under BL 127 the co-optee comes
   from the same class of members), the last date and time, and the documents needed.
3. Scrutinise each nomination against the disqualifications: dues unpaid for three months
   after written notice, conviction for moral turpitude, being held responsible under s.79,
   88 or 147, not an active member, subletting without permission (BL 116; dBL 112).
4. Place the valid nominations before the committee. If they exceed the vacancies, the
   committee votes; a quorum must be present.
5. Minute the result, inform the co-opted member in writing and update the list of
   committee members on the notice board.
If so many members have resigned that the committee has no quorum, it cannot co-opt. The Registrar then acts under s.77A (see committee-002).

Question 41

How do we check whether a repair job is within the committee's spending power, and what should we record?

Accepted Answer

Count the members on the register, find the band in Rule 106C-13(5)(b) (Rs 1 lakh up to 25 members, rising to Rs 5 lakh above 1,000), and check the one-time job fits within it. Pass a resolution recording the estimate, the quotations and the band. Anything above the limit goes to the general body first, except genuine emergency repairs. The Rule allows the committee to incur a one-time expenditure on repairs and maintenance once in a financial year within the band: up to 25 members Rs 1,00,000; 26-50 Rs 2,00,000; 51-100 Rs 3,00,000; 101-1,000 Rs 4,00,000; above 1,000 Rs 5,00,000. This replaced the 2014 limits of Rs 25,000 / 50,000 / 1,00,000 (BL 156(a)). Checklist for the resolution: - what the work is and why (the Secretary's inspection report, BL 155; dBL 147(b)); - the estimate and the quotations received (three is the common practice; see
  staff_vendors-003);
- the member count and the band that applies; - which fund pays (repairs and maintenance fund; sinking fund only with general-body
  approval, BL 14(c));
- that the job is not part of a larger job split up. Splitting to stay under the limit is an
  irregularity the auditor will report (committee-001).
Above the limit: take the general body's prior approval (BL 156(b); dBL 147(f)). Above the tender threshold the general body has fixed, invite tenders (BL 156(c); dBL 147(g)). Routine running costs such as salaries, electricity and AMC fees under a contract the general body approved are budget items, not "one-time" repair spending.

Question 42

What is the practical procedure for tendering a large works contract?

Accepted Answer

Once the cost is above the tender limit the general body has fixed, the committee invites tenders, normally on specifications prepared by an architect or engineer. The Secretary opens the tenders at a committee meeting. The committee scrutinises them and reports to the general body with draft terms, and signs the contract only after the general body approves. BL 156(c) and (i) and dBL 147(g), 148 and 149 describe the process. A workable sequence: 1. General-body resolution fixing the tender threshold, if none exists. 2. Appoint an architect or structural engineer for major or structural work (dBL 148; the
   Rules require general-body approval to appoint professionals, Rule 106C-13(2)(b)).
3. Prepare the scope, bill of quantities and eligibility conditions; publish the tender
   notice (notice board and at least one newspaper or website; good practice) with a last
   date.
4. Receive sealed bids; open them at a committee meeting in the presence of any bidders who
   wish to attend; record every bid in the minutes.
5. Technical and price comparison by the architect; committee report with a recommendation. 6. General-body approval; then the contract with a dispute clause, retention money, defect
   liability period and insurance (BL 156(j)).
Committee members and their relatives must not bid or have an interest (BL 115; see committee-206). Redevelopment follows the separate 2019 directive, not this route.

Question 43

There is an emergency and no time for a committee meeting. Who can decide, and how is it regularised?

Accepted Answer

In an emergency the Chairman may exercise any power of the committee, but must record the reasons in writing and get the decision ratified at the next committee meeting. Alternatively, the committee can pass a resolution by circulation, which is then placed before the next meeting. BL 138 gives the Chairman emergency powers with written reasons and ratification. BL 126(b) allows a circular resolution in an emergency, placed before the next meeting. Examples: a burst main water line, a fallen parapet, a lift unsafe after an accident, or a fire-system failure. The draft 2026 bye-laws also let the society enter a flat without prior notice where there is danger to life or property, to the extent needed (dBL 50(e)), and exempt genuine emergency repairs from prior general-body approval (dBL 147(f)). Keep a short emergency note: what happened (with photographs), who was consulted, the decision, the cost, the vendor and the bill. Place it at the next meeting for ratification and report it at the next general meeting if the spend exceeded the committee's limit. Emergency powers are not a shortcut for decisions that could wait a few days for a meeting.

Question 44

I have a personal interest in an item before the committee. How do I declare it and what must the minutes show?

Accepted Answer

Say so before the item is taken up, describe the interest, and leave the room while it is discussed and decided. The minutes should record the declaration and that you withdrew. No office-bearer may have an interest in a contract, a sale or purchase, or any other transaction of the society, except as an officer. BL 115 bars an officer from any direct or indirect interest in the society's contracts, property deals or other transactions. BL 119 bars a committee member from being present when a matter in which they are interested is considered. The draft 2026 bye-laws make it explicit: disclose the nature of the interest, withdraw, and any decision taken in breach may be set aside (dBL 111, 115). "Interest" includes a relative's business, a firm where you are a partner or employee, and a vendor who has given you something of value. When in doubt, declare. What to record: the member's name, the item, the nature of the interest, the time they left and returned, and that the quorum was still present without them (BL 125). If the quorum fails because of withdrawals, the item goes to the next meeting or to the general body. A conflict hidden and later found can lead to the decision being set aside, the auditor's objection, and recovery under s.88 if the society lost money (see committee-004).

Question 45

As an office-bearer, what practical steps protect me from personal liability?

Accepted Answer

Committee members are jointly and severally responsible for the committee's decisions and for acts or omissions that harm the society. Protect yourself by acting only on recorded resolutions within the committee's powers, having your dissent minuted when you disagree, keeping vouchers and approvals for every payment, meeting statutory deadlines, and handing over records properly. BL 136 (and dBL 107(e), 131) makes committee members jointly and severally responsible. Section 88 lets the Registrar order a person who misapplied or retained society money, or committed misfeasance or breach of trust, to repay with interest. Section 146 lists offences such as failing to invest funds as s.70 requires (cl. (c)), failing to file returns or notices (cl. (i)), failing to maintain proper accounts or making false returns (cl. (k)), and tampering with books (cl. (p)); s.147 sets the fines and imprisonment. Failing to submit the audit rectification report is itself treated as an offence (BL 152(b)). A practical checklist: - no payment without a resolution or budget head, a bill and a voucher; - payments above Rs 1,500 by cheque or bank transfer (BL 144); - ask for your dissent to be written into the minutes; a silent vote counts as agreement; - declare interests (committee-206); - track the statutory calendar: accounts in 45 days, audit, AGM by 30 September, returns,
  rectification within 3 months, Form B, lift licence;
- do not use society funds to defend yourself in a personal case (s.71A). Get advice from an advocate or chartered accountant if a charge is framed against you.

Question 46

A new committee has been elected. How should records, cash and property be handed over?

Accepted Answer

The retiring Chairman must hand over charge of the office and all papers and property of the society to the new Chairman (s.160). Prepare a written inventory of registers, files, cash, bank documents, cheque books, seal, keys and assets, and have both sides sign it. The draft 2026 bye-laws expect this within 15 days of the new committee being constituted. Section 160(1) places the duty on the retiring Chairman. If he fails or refuses, the Registrar may order him in writing to hand over at once (s.160(2)); disobeying that order is punishable and the Registrar can have the records seized (s.160(3), s.80). The draft 2026 bye-laws (dBL 119) add: the outgoing Secretary prepares a complete inventory; handover within 15 days; if it does not happen, the new committee issues a written notice, then reports to the Registrar. A practical handover list: - all BL 140 registers and BL 141 files, with the last entry in each noted; - cash in hand counted and signed for; bank statements, passbooks, FD receipts, unused and
  used cheque books; the list of pending cheques;
- the seal, rubber stamps, keys, passwords and admin access to the accounting software,
  email, website and gate app;
- title documents, conveyance deed, approved plans, OC, insurance policies, AMCs and licences
  (lift, fire);
- pending applications, complaints, court or Registrar matters and their next dates. Then change the bank signatories by a fresh resolution (see accounts_audit-202). An office-bearer's resignation also takes effect only after charge is handed over (BL 130(c)).

Question 47

A committee member or office-bearer wants to resign. What is the procedure?

Accepted Answer

A committee member resigns by letter to the Chairman. It takes effect when the committee accepts it, or one month after the letter is received, whichever is earlier. A Chairman resigns to the Secretary, and a Secretary or Treasurer to the Chairman. Their resignation from the office takes effect only after acceptance and handing over charge. BL 129 covers resignation from the committee. BL 130 covers resignation from an office: the committee may accept it only after it is satisfied that the office-bearer has brought the work up to date and produced all papers and property of the society (BL 130(d)). If the whole committee wants to resign, the resignations go to the general body. After the general body accepts them, the outgoing officers inform the Registrar, who acts under s.77A. The committee carries on routine work until then (BL 130(e)). Practical steps: acknowledge the letter with the date; place it at the next committee meeting; for an office-bearer, take a written handover (committee-208); fill the resulting vacancy by co-option (committee-202) or elect a new office-bearer from the committee; change bank signatories and inform the bank.

Question 48

A committee member has missed three meetings in a row. What should the committee do?

Accepted Answer

Under the 2014 bye-laws a member who misses three consecutive monthly meetings without leave of absence ceases to be on the committee. The committee records the fact in its minutes, and the Secretary informs the member and the Registrar. The member ceases on the Registrar's order. BL 118(a)(ii) and (b) set this out. The draft 2026 bye-laws list three consecutive absences without leave as a disqualification (dBL 112(g)) and say the member ceases from the date of disqualification, subject to confirmation by the Registrar where the Act requires (dBL 114). Because leave is the deciding fact, record leave requests and the committee's decision on them in every set of minutes. Check that the notices actually reached the member; absence from a meeting of which they had no valid notice should not count. After cessation the seat is a casual vacancy filled by co-option (committee-202).

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