Cooperative society - decision making
Deepak Nair
(Querist) 10 December 2011
This query is : Resolved
In a co-op society in Mumbai, out of the 7 members, 2 have resigned and 2 are now settled abroad. Can the remaining 3 members take any decision with regards to the society?
V R SHROFF
(Expert) 10 December 2011
Inform the Registrar,
If he allow you to manage tll new members are appointed, in place of resigned one, or with nominal/ jt members/
or Appoint Administrator.
or de-register the society, as guided by Registrar.
prabhakar singh
(Expert) 10 December 2011
Rightly guided by Mr. V R SHROFF !!!!!!!!
Deepak Nair
(Querist) 10 December 2011
Sir, thanks a lot for your guidance. Could you please tell what shall be the quorum of committe in a general meeting? Can the society conduct a meeting in the absence of some members of the meeting?
Deepak Nair
(Querist) 10 December 2011
Sir, thanks a lot for your guidance. Could you please tell what shall be the quorum of committe in a general meeting? Can the society conduct a meeting in the absence of some members of the meeting?
prabhakar singh
(Expert) 10 December 2011
The society has already gone short of number.
Devajyoti Barman
(Expert) 10 December 2011
You have tor ead the bye laws of the society.
If it provides that simple majority is needed to convene a general meeting then it can make such meeting and pass the resolution in simple majority provided it fulfills the quorum..
Shonee Kapoor
(Expert) 11 December 2011
I tend to agree more with Ld. Barman
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 11 December 2011
bye-laws of the society are the only guiding force.
Guest
(Expert) 11 December 2011
Minority of the committe members cannot take a decision. I hope there would be a provision in bye-laws for co-option for committee members in place of the deceased members. Please check and act accordingly. For the members settled abroad, they must be replaced by impeachment as their retention if of no use to the society. However, holding of fresh by-election through general body in such cases is advisable.
Advocate. Arunagiri
(Expert) 11 December 2011
The minimum number of members for a COOP society is normally 10 in your state states.
How is possible to run the COOP society with 7 members itself. You can get the registration with these 7 members.
You say even out of 7 members 2 are resigned and 2 are settled in aborad.
Is it a real case?
jeevan1950
(Expert) 12 December 2011
You can co-opt additional members in managing committee with consent of members out of India and send the resolution to Dy reg for approval. Quoram is 1/3 rd, but if no quoram then u can wait for another hour and conduct the GB meeting
Deepak Nair
(Querist) 14 December 2011
Dear Sirs,
Thanks a lot for your views.
As per the by laws, the committee went for co-option and the meeting was conducted.
As per the by laws, the quorum is 4 as the committed have seven members and the society have 80 members.
I thank you all again, as i could give advise on the basis of your views.
