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Maharashtra co operative socities act

(Querist) 22 June 2013 This query is : Resolved 
Can a Registered Housting Society charge a penalty on its members for not attending the Anual General Meeting ?
Vijyant Nigam (09807349001) (Expert) 23 June 2013
if it is provided in the bye laws of your society and you accepted the said terms and conditions, then they can, and if not then you can complain before sub registrar of your area.
ajay sethi (Expert) 23 June 2013
yes it can .members ought to attend AGM . generally in societes hardly any members attned AGM , there is no quorum in the meeting then they crib about resolutions passed in AGM . pay the penalty and attend AGm next time
Raj Kumar Makkad (Expert) 25 June 2013
If there is no such provision in bye-laws, such penalty cannot be imposed.
prabhakar singh (Expert) 25 June 2013
The answer would be found only in CHS bylaws.
c.p.s. ramachary (Expert) 25 June 2013
I fully agree with the opinion of the Expert Mr.Vijayant Nigam. It depends upon the terms of bye-laws of the society.
prabhakar singh (Expert) 25 June 2013
HOW CAN I HELP GONE EXPERTS IF THEY DO NOT UNDERSTAND MY ANSWER'The answer would be found only in CHS bylaws.'
Raj Kumar Makkad (Expert) 26 June 2013
It is not necessary for every expert to understand other one.
P. Venu (Expert) 24 July 2013
It is inconceivable a CHS can have the powers to impose a fine on its members, on whatsoever ground.
ajay sethi (Expert) 24 July 2013
why should affairs of society suffer if members don't bother to attend AGM ? today inspite of repeated requests members don't attend . there is no quorum in AGM .

hence if resolution is passed in AGM to penalise members not attending AGM atleast they will make efforts to attend .

P. Venu (Expert) 24 July 2013
Intention is laudable, certainly. However, imposing a penalty is tantamount to deprivation of private property. This could be effected only through due process of law. A bylaw does not have any force of law to effect deprivation of property.


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