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Ajay Dand (Member)     03 December 2010

Non Filing of Form M-20 by Managing Committee of CHS.

The Managing Committee of our Co-operative Housing Society was formed in 2008. However, the MC has not filed form M-20 till date, as against the mandatory filing period of 15 days as per the bye-laws. While the functioning of the society has been more or less smooth, and majority of the members of the society are supportive of the present MC, there are a few disgruntled elements who are trying to disrupt the smooth functioning of the society and are looking to wrest power from the MC to further their own vested interests. These disgruntled members have now questioned the authority & validity of the MC, stating the non-filing of M-20. My question is how can the MC regularize the non-filing of Form M-20 at such a later date, in a smooth and transparent manner? Can the General Body pass resolution to that effect, authorizing the MC to remain in office and filing the M-20, within 15 days from the date of passing such a resolution? From 2008 to 2010, the present MC has carried out a lot of transactions and conducted AGMs and SGMs. Can the General Body now pass a resolution ratifying the acts of the MC and ratifying the resolutions passed in previous GBMs under the present MC? The moot question is how can the present MC, who has done a lot of work for the society, defend itself against the lacuna of non-filing of M-20?


 2 Replies

Ajay Dand (Member)     03 December 2010

(For Notification)

Kanaksinh P.Boda (Educationist/Lawyer)     03 December 2010

The number of CHS in defaulting in filing an indemnity bond is very big and a stricter action can resault in disqualification of large number of MCs. There are other provisions also under Rules which clearly indicate that irrespective of bond or no, the responsibility of compensating the losses caused remaints that of MCs. Hence, avoiding to file bond is meaningless by MCs. However, better late than never, under a resolution by AGM, with retrospective effect.

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