General body
V Srinivasan
(Querist) 31 January 2014
This query is : Resolved
Recently in our general body meeting the question of passing resolutions and communication with the Registrar was taken up.
The MC feel that communication with the The Registrar, MCGM and other statutory authorities is part of Secretary daily administrative work as per bye law 65 of the Hsg Society Act. But some members are of the opinion that Registrar, MCGM, are third parties and any communication has to be done with them after approval of general body which is supreme that the bye law and other laws. They also say that if the majority is of the view that some of the conditions of bye law need not be implemented if the General body decide so.
Please clarify
1. Whether general body can by pass the laws in force and pass a resolution since it has majority in contravention of the laws of the land.
2. Whether the MC has to go the General body for each and every communication to the Registrar/MCGM. MC is of the opinion that eEgistrar is monitoring the implementation of bye laws in Hsg Societies. and General body is the creation of bye law of hsg society and the bye laws are supreme.
Please give your opinion on the supremacy of the general body and laws of the land.
Srinivasan
Sudhir Kumar, Advocate
(Expert) 31 January 2014
has the amendment sent to Registrar is other than approved by General Body
Has the same been registered
Has anyone made complaint with the registrar
Advocate. Arunagiri
(Expert) 31 January 2014
1.Law of the land is supreme.
2.Any modification in the bye law has to be informed to the Registrar.
Any amendment in bye law, should be in accordance with the law of the land.
