ARUN JOGALEKAR (executive) 15 August 2020

Penalising a member of a chs under byelaws

If a society passes a resolution in AGM in 2018 empowering the Managing committee to penalise members for violations to a max amount of Rs.5000 based on the MC decision/hearing , is it binding on the members in 2021 and can the MC penalise members without a hearing in AGM or SGM , and on its own MC hearing after issuing show cause notice ?

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This discussion explores whether a Housing Society's Managing Committee can penalise members based on a 2018 AGM resolution. It questions if this resolution remains binding and if the MC can impose penalties with its own hearing, following a show cause notice, without needing a General Body meeting approval. Advice suggests that societies can penalise members, with recourse to the Joint Registrar of Co-operative Societies if aggrieved, but also highlights the importance of adhering to byelaws regarding hearings.