Appointment of President in a house site & welfare society
natarajan s
(Querist) 22 April 2011
This query is : Resolved
Dear sir,
The president is expired.
My question is that whether the managing committee is empowered to resolve and elect a person who is not even a primary member of the society as PRESIDENT ?
PLEASE GIVE YOUR COMMENTS .
According to my best of knowledge the president can only be elected in a general body meeting by members thro voting with proper nomination filed by the individual member .
pls give me the bare act / rules extract if possible. Matter is very urgent. please help me in this regard
Related act is
The tamil nadu societies registration act 1975 and the rules thereunder
Please help. Awaiting for your reply
my email id natleoin1962@yahoo.com
thanks
with regards
S Natarajan
Advocate. Arunagiri
(Expert) 22 April 2011
Only the General body can elect the president.
In the absence of the president, vice president can act as the president.
You can see:- S.15 (3) The tamil nadu societies registration act 1975.
More you can see the bye laws of the society, under the heading of the powers of the committee.
The model I have given below.
POWER AND FUNCTIONS OF THE OFFICE BEARERS
a) PRESIDENT
i) He shall be the Head of the Society
ii) He shall preside over the meetings of the committee as well as General Body.
iii) He shall be the chairman of all committee.
b) VICE PRESIDENT
In the absence of President, the Vice President shall exercise the Powers of the President.
c) SECRETARY
i) He shall carry on all correspondence on behalf of the society.
ii) He shall issue notice of meetings and maintain the records of the minutes of all such meetings.
iii) He shall carry out the other duties which are entrusted by the President and the Committee.
d) JOINT SECRETARY
He will assist the Secretary in his activities, to act in the absence of the Secretary in consultation with the president, do duties of the secretary temporarily with the permission of the Executive Committee.
e) TREASUERER
i) He shall maintain Account Books, vouchers, Receipt books and other connected records.
ii) He shall issue receipts for all sums received
iii) He shall prepare a statement of annual income and expenditure statements for approval by the Executive committee at its meeting.
For more details contact the Advocate.
Guest
(Expert) 22 April 2011
Generally bye-laws of the society contains the provisions of co-opting of an office bearer in certain conditions. So, it will be better, if you see the bye-laws of your society than to get any mixed opinions, whcih may even confuse you more.
natarajan s
(Querist) 23 April 2011
sir,
Thanks a lot for your reply. At the same time i also wish to know even if the by laws permits how long the nominated person can act as a president?
will he be allowed to communicate with government authorities in the position of president?
the by laws states that the vice president can act on hehalf of president.
pls help
with regards
S Natarajan
Advocate. Arunagiri
(Expert) 23 April 2011
The vice president can act in the absence of the president. But, VP will not become a P. The VP can hold the office till the P is formally appointed in the AGM.
VP can communicate to the Govt authorities as the Acting president.
RAJU O.F.,
(Expert) 23 April 2011
You have to go through the byelaws of your housing society, to ascertain the course of action under the present circumstances. The managing committee can proceed only according to the provisions of the byelaws except under Orders of Court.
Guest
(Expert) 24 April 2011
Answer to your question lies in the byelaws of the society.
