penalty charged
ADV-JEEVAN PATIL, MUMBAI
(Querist) 09 October 2014
This query is : Resolved
Members not attended AGM of society charged penalty of Rs.500/- added in members monthly maintenance bill. I feel it is gross violation of Act n bye laws. Is there any amendment or gov. Notification to that effect. Pl.advise.
J�P
ROHIT SHARMA
(Expert) 10 October 2014
1. Such imposing of penalty is unlawful unless there are provisions to such effect in the bye-laws of the society.
2. If the A.G.M fell short of the quorum of members the such A.G.M need to have been postponed.
3. If need be file a complaint with the co-operative Registrar.
ajay sethi
(Expert) 10 October 2014
i believe there is circular issued by registrar regarding imposition of penalty on members who dont attend AGM . because members dont attend AGM there is no quorum . if resolution is passed in AGm regarding imposition of penalty then member should pay
ajay sethi
(Expert) 10 October 2014
MUMBAI: If you have been playing truant from the annual general body meeting of your housing society and plan to continue with the practice, think again.
A circular issued by cooperative commissioner Rajgopal Deora allows a co-operative housing society to impose fines on members who remain absent from the annual general body meeting or elections for the managing committee.
Though the circular does not mention any upper limit for the fine, it clearly states that a reasonable amount can be collected as penalty. the circular comes in the wake of directions form the state Lok Ayukta, which has been flooded with complaints against administrators and managing committee of cooperative housing societies
P. Venu
(Expert) 10 October 2014
With due apologies to to the learned experts, it is procedure unknown to law that a fine could be imposed on the strength of an administrative circular.
