Many housing societies these days intimate their members using Apartment Management Softwares about Annual General Meetings. When you conduct the First Annual General Meeting of your Housing Society, it is mandatory to appoint a managing committee. But what happens one fails to appoint a managing committee of the housing society? This happens in several cases due to reasons like inability to take a unanimous decisions because of indifferences between members of the housing society. That is when the provisional managing committee comes into the picture.
In such circumstances, the registering authority has to take charge and appoint a provisional committee for the housing society. Not only that, they also have to perform duties of managing committee. Here is what Society Bye-Laws states about the appointment of a Provisional Managing Committee.
Nomination of a provisional managing committee by the Registering Authority: Bye – Law No. 90 (b)
Where the first general meeting fails to elect a Provisional Committee, the Registering authority shall be competent to nominate such a committee, including the Chairman and the Secretary of the Society for a period of one year.
Recording of minutes at the first general meeting: Bye – Law No. 91
The person, who presides over the first general meeting shall record the minutes of the meeting, sign them and hand them over to the Secretary of the Society elected at the first meeting of the Provisional Committee or nominated by the Registration Authority under the byelaw No. 89(b)
Handing over records by the Chief Promoter of the Society: Bye – Law No. 92
The Chief Promoter of the Society shall, immediately after election of the office bearers of the society, at the first meeting of the Provisional Committee or its nomination by the Registering Authority under the byelaw No. 89(b), hand over to the Chairman of the Society or any member of the Provisional Committee authorised by it in that behalf :
- All records of the society, particularly the copy of the application for registration of the society, received back from the Registering Authority
- The copy of the bye-laws of the society registered by the Registering Authority
- The certificate of registration of the society
- The challans for credit of amounts into the bank
- The counterfoils of the used cheques and the unused forms of the cheques
- The bank pass books
- The copies of all the agreements entered into by him with different parties
- The statement of accounts as prepared by him
- The applications for membership
- The statement of information of the promoters
- The vouchers for amounts spent
- The cash balance, if any.
- The site plan/The scheme of construction (for plot purchase type)
- The minutes of the first general meeting of the society
- The files of the correspondence with the Registering Authority, the Local Authority
- All such other records and assets of the society as are in the possession, leaving nothing with him.
Powers of the Provisional Committee: Bye – Law No. 93
The Provisional Committee or the Nominated Committee shall have the same powers and functions as the committee duly elected in accordance with the bye-laws of the society.
Period of Office of the Provisional Committee: Society Bye – Law No. 94
The Provisional Committee ‘or the Nominated Committee shall be in office for a period of one year, or until the regular elections are held under the Bye-laws of the Society
Handing over charge by the Provisional Committee: Society Bye – Law No. 95
The Chairman of the Provisional Committee or the Nominated Committee shall handover charge of all the assets and papers of the Society to the’ Chairman of the newly elected Committee at the time of its first meeting, leaving nothing with him/them including the record mentioned under bye-law No. 91.
DISCLAIMER: This document is being furnished for your information and reference. It is part of an initiative by ADDA to provide in a consolidated way all the Apartment Owners Acts and Societies Acts of major cities in India, so it helps the Apartment Residents for reference. The content has been received from sources we believe to be reliable, and the content have not been independently verified by us, hence we make no warranty about the accuracy or completeness of these documents. Also ADDA does not assume any liability for any damage caused due to action taken or not taken on basis of these documents.
