We Run Societies

Thanks

But can you give the supporting evidence of it. Since many of the consultants whom I raised this question, they deny it.
They say it is not within the preview of the Bye-laws.
Can you clarify it.
whether in the bye-laws it is written that you cannot become either chairman/secretary/treasurer of the two societies in any combination.
Please update me with the latest information relating to above matter.
Since I am the committee member of both the societies in the same district, At present I am secretary of one society,
The other society has approached me to become one of the core members of the society i.e. chairman/secretary/treasurer.
Looking to my work in the present society as the secretary, they are willing to offer me the post in other society as chairman/secretary/treasurer.
Please advice me so that I can taken the decision accordingly.
Thanks.

Jagdish N Nariani.
Secretary

73-A. Disqualification for being designated officer simultaneously of certain categories of societies or for being designated officer of the same society for more than ten years.—
(1) In this section, "a designated officer" means the Chairman and the President, and includes any other officer of the society as may be declared by the State Government, by notification in the Official Gazette, to be a designated officer, but does not include any officer appointed or nominated by the State Government or by the Registrar.
(2) No person shall, at the same time, be or continue to be a designated officer of more than one society falling in Category l or Category II or Category lll of the Categories mentioned below; and shall not be or continue to be a designated officer in more than two societies in the aggregate in the three Categories :-
Category I— Societies, the area of operation of which extends to the whole of the State.
Category ll - Societies, the area of operation of which does not extend to the whole of the State,
(a) But extends to at least one whole district irrespective of their authorised share capital; or
(b) But extends to areas comprised in part or parts in one or more districts and the authorised share capital of which is more than Rs.10 Lakh.
Category Ill -Societies, the area of operation of which does not extend to the whole of a district but extends to one whole taluka, or the authorised share capital of which is not more than Rs.10 lakh but is not less than Rs. 5 lakh.
Explanation -For the purposes of this sub-section, the expression "society" shall not include a society with no share capital and a society not engaged in commercial activities.
(2A) lf any question arises whether or not a society falls under any of the categories referred to in sub-section (2), such question shall be referred to and decided by the Registrar and his decision shall be final.
Now analysing the above provision it can be seen that :-
S 73A [1] defines designated officer as Chairman or President or any other post specifically notified in the Gazette. Thus just Committee Member is not covered by this section.
Further, S 73A [2] prevents a person from becoming a designated officer of category I, II or III in more than two societies in the aggregate in the three Categories. It may be seen that the category III is the Category of Societies, the area of operation of which extends to one whole Taluka, or the authorised share capital of which is more than Rs. 5 lakh.
Firstly housing societies are limited to a local area and does not extend to a whole taluka. Most important is the housing society is not engaged in a commercial activity and as per explanation to category III; the application of S. 73A is would not cover Housing Societies.

73-A. Disqualification for being designated officer simultaneously of certain categories of societies or for being designated officer of the same society for more than ten years.—
(1) In this section, "a designated officer" means the Chairman and the President, and includes any other officer of the society as may be declared by the State Government, by notification in the Official Gazette, to be a designated officer, but does not include any officer appointed or nominated by the State Government or by the Registrar.
(2) No person shall, at the same time, be or continue to be a designated officer of more than one society falling in Category l or Category II or Category lll of the Categories mentioned below; and shall not be or continue to be a designated officer in more than two societies in the aggregate in the three Categories :-
Category I— Societies, the area of operation of which extends to the whole of the State.
Category ll - Societies, the area of operation of which does not extend to the whole of the State,
(a) But extends to at least one whole district irrespective of their authorised share capital; or
(b) But extends to areas comprised in part or parts in one or more districts and the authorised share capital of which is more than Rs.10 Lakh.
Category Ill -Societies, the area of operation of which does not extend to the whole of a district but extends to one whole taluka, or the authorised share capital of which is not more than Rs.10 lakh but is not less than Rs. 5 lakh.
Explanation -For the purposes of this sub-section, the expression "society" shall not include a society with no share capital and a society not engaged in commercial activities.
(2A) lf any question arises whether or not a society falls under any of the categories referred to in sub-section (2), such question shall be referred to and decided by the Registrar and his decision shall be final.
Now analysing the above provision it can be seen that :-
S 73A [1] defines designated officer as Chairman or President or any other post specifically notified in the Gazette. Thus just Committee Member is not covered by this section.
Further, S 73A [2] prevents a person from becoming a designated officer of category I, II or III in more than two societies in the aggregate in the three Categories. It may be seen that the category III is the Category of Societies, the area of operation of which extends to one whole Taluka, or the authorised share capital of which is more than Rs. 5 lakh.
Firstly housing societies are limited to a local area and does not extend to a whole taluka. Most important is the housing society is not engaged in a commercial activity and as per explanation to category III; the application of S. 73A is would not cover Housing Societies.

Can secretary and treasurer be from one family?

We have AGM was Sept-2017, But Secretory was absent that meeting, we are waiting approx. 1 hrs. but he is not attended the Meeting, As per chairman Permission we have started the meeting, but last yrs. Minutes of Meeting agenda was not read, due to Secretory was absent. that meeting was conducted by Chairman/Treasurer/Internal Auditor Person. please suggested us that AGM is Legal. in this meeting temp. secretory also made 1 person. for the future work.
six month back secretory was resign but chairman told them please wait up to the AGM, but he was not conducted the AGM. his completed Five yrs. Please advice what is procedure to call existing secretory hand over the Temp. secretory.
also we have already go to the procedure for Election . but date is not final, before election we can take hand over from existing secretory. or wait up to election.
Please give proper answer. we are waiting for u r reply. Regards, Vilaskumar Panchal