Mcs act 1960 - i have 2 questions related to society

mahmood mithani (Querist) 09 August 2025 This query is : Resolved
We are co operative housing society based in mumbai - i just want to confirm can a member ask the committee to display his proposals for the forth coming AGM , prior to 15 days before the AGM to be held,

another question - in the last AGM the general body has passed resolution for charging of parking charges @200/- per month per member, now the committee cancelled the parking charges on their own without approval from the general body, my question is the committee have such power to cancel the parking charges on their own?

i ll highly obliged if someone guide me on these 2 queries

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Quick Summary

Members of a cooperative housing society in Mumbai, operating under the MCS Act 1960, have specific rights regarding Annual General Meetings (AGMs). While members can request proposals be displayed, the society's bylaws dictate the exact procedure. Furthermore, a housing society committee cannot unilaterally cancel parking charges that were previously approved by the general body at an AGM; such changes require a new resolution passed by the members.

T. Kalaiselvan, Advocate (Expert) 09 August 2025
member of a housing society in Mumbai can request the committee to display their proposals for the upcoming Annual General Meeting (AGM). The society's bylaws, which are framed under the Maharashtra Cooperative Societies Act, usually outline the process for submitting proposals for the AGM agenda. The specific rules and procedures for submitting proposals are usually detailed in the society's bylaws, which members should consult. If the committee fails to include a valid proposal, members can file a complaint under the relevant bylaw (e.g., bylaw no. 174(A)(xxii) in some cases) with the Registrar of Cooperative Societies.

The committee of a Mumbai housing society cannot unilaterally cancel parking charges that were approved by the Annual General Meeting (AGM). Parking charges, like other financial matters, are subject to the decisions made by the society's members at the AGM. The committee's role is to implement decisions made by the general body, not to override them. The committee is responsible for managing the day-to-day affairs of the society and implementing the decisions made by the general body, but they cannot unilaterally change or cancel those decisions. The society's bye-laws, which are also approved by the general body, will further detail the process for making changes to charges and fees.

mahmood mithani (Querist) 09 August 2025
thank you v much sir for your prompt reply

kavksatyanarayana (Expert) 09 August 2025
Yes. A member can ask the committee to display the notice, but usually, only information is given as per the terms of the bylaws. At the AGM, the committee approved a resolution that cannot be altered or changed or cancelled unless the AGM approves it.

Dr. J C Vashista (Expert) 10 August 2025
Respectfully I disagree with the experts on the subject.
There is no such provision to display proposal filed by a member to be deliberated and decided by ensuing AGM. However, the proposal has to be discussed by MC in detail and findout feasibility and legality of the proposal before it is put up before the AGM, suggest and recommend its implementation or rejection of such proposal.
Regarding cancellation of parking charges levied, the MC should have taken consent / approval of AGM. You may raise the issue before the AGM

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