Selection of pmc
GLEN FERNANDES
(Querist) 23 October 2012
This query is : Resolved
Dear Sir, Our society is in the process of Redevelopment. As per the Directive under Section 79(A) of the Maharashtra Co operative societies Act ,1960 for the selection of the final expert and experienced Architect /Project Management Consultant out of the five PMC a Special General Body Meeting is to be held. The Quorum required is ¾ of the total members of the society. If the Quorum is not formed the meeting will be adjourned for eight days. In our society , Special General Body Meeting was held ,and out of 107 total members only 74 members attended and for a Quorum 84 members were required. Upon objecting the same by some of the members, to which the Secretary said that we are within the rules. Further on interrogating, Secretary said that they have the consent letters of some of the absent members to carry on with the Special General Body Meeting and all decisions made in the meeting will be accepted by the absentees. This statement made by the secretary was been fabricated at the last minute to cover the facts. Later we carried on with our Special General Body Meeting and a Final PMC was selected. My question to you is
1. Is the consent letters of some of the absent members valid?
2. Should the Final selected PMC be taken into consideration or not?
Hemant Agarwal
(Expert) 26 October 2012
Proxy voting or postal voting or authority-letter-voting is not allowed under the MCS Act.
Hence the SGM called for redevelopment, is null and void. Follow-up with the deputy registrar or file complaint in the coop court or file for stay in the High Court.
Keep Smiling .... Hemant Agarwal
GLEN FERNANDES
(Querist) 26 October 2012
Sir Thank You for your advice
GLEN FERNANDES
(Querist) 06 November 2012
Is the Government Directive under Section 79(A) of Maharashtra Co-operative Societies Act 1960 to all the Co-operative Housing Societies in the State of Maharashtra for redevelopment mandatory to follow?What should be done if society did not follow the Directive ?
GLEN FERNANDES
(Querist) 06 November 2012
Is the Maharashtra Co-operative Societies Act, 1960 mandatory to follow,since its just an act and not an law?
ajay sethi
(Expert) 06 November 2012
yes it has to be followed .
GLEN FERNANDES
(Querist) 06 November 2012
Yes sir , i agree with you.But an Act is just a Bill/Draft which is presented in the Parliament.Can an Act be a Law?
