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Society protecting the m. committee

Querist : Anonymous (Querist) 12 January 2012 This query is : Resolved 
does society give any indemnity to the committee for any disute / claim made unscrupulousely by the member of the soc.
the committee is working for the benefit of the soc. and its a thankless job. but one may find atleast one nut in every soc. who would create nuisance.
can society protect the committee, if found to be honest / reasonable from such person/s acting against them, (found to be unreasonale / dishonest) especially taking advantage of the indemnity bonds filed by the C.Members.
if yes then would request to share a draft of such supportive indemnity.
ajay sethi (Expert) 12 January 2012
it is other way round . you haveto give indemnity to society to protect the society against misuse of power by the managing committee .

i agree in every society there is a person who is non cooperative , unscruplous .

the solution to that is have decision taken in managing committee with approval of majority of members .
for contentious issues place it in AGM .

Devajyoti Barman (Expert) 12 January 2012
Committee is making a public duty for society members. Since it is not individual duty there is no question on indemnity.
After all the MC id sued in official capacity , not that its office bearers are sued or complained against in their private capacity.
V R SHROFF (Expert) 12 January 2012
Agreed with Mr. Barman

u select MC, so U gave power.AGM confirms serious act of contract etc.
If it is ultravires, and mc misuse power and authority, on member's complaint, Registrar can Inquire the affairs and correct them .
Raj Kumar Makkad (Expert) 12 January 2012
Unfortunately there is rule to submit indemnity bond by the office bearers though none becomes ready to take charge as office bearer as this is totally thankless job and there remain many members who always try to insult the office bearers and try to create hurdles in their working.

The only solution is to socially boycott such nuts. A resolution may be passed therein the society.
Rajeev Kumar (Expert) 12 January 2012
Agree with experts
Deepak Nair (Expert) 13 January 2012
Rightly advised by experts
Querist : Anonymous (Querist) 13 January 2012

thanks every one who has responded.

never thought my query will fetch experts opinion at this speed.

my sincere thanks to the forum.

My concern as a M. committee member and as a sub committee member was to get protection from the soc. for which we are working by giving valuable time. there is no intention of any remuneration or other things. But since we are planning to go for redevelopment, one need to be extra cautious against those unscrupulous members who would like to take benefit out of it and when denied would definitely create hurdles -blocking the whole procedure. we fear that after giving indemnity we are exposed to trap that can be created by them.
Raj Kumar Makkad (Expert) 15 January 2012
There is no solution of this problem as from the day of creation of Srishti, evil and good persons have existed and worked in their own style without caring for other side so it depends now upon you what to do. An inactive person has never to fear of his failures and he never commits any wrong (Have no chance to do so) but successes fetch better mental satisfaction.
ajay sethi (Expert) 15 January 2012
iwould offer you a practical suggestion which was done in our society in mumbai .

for carrying out redevlopment form a repair committee .
insist that no member of managing committee shal be a member of repair committee . decision on redevlopment to be taken by repair committee . based on recommendations of repair committee managing committee should award contracts .


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