How to dissolve a housing society managing committee?

At times you may see some wrongdoings executed by the housing society managing committee. So you can take some steps to dissolve a housing society managing committee. I will share with you how to dissolve a housing society managing committee so that you can also learn about the dissolution of housing society committee in an easy manner. 

1. If you decide to dissolve a housing committee you have to call upon a special body meeting.

2. Before dissolving the housing committee a notice should be handed to members, creditors, vendors, and to any associated societies that have contracts with the housing committee.

3. 3/5th majority should pass the resolution.

4. The claims and liabilities should be undertaken as per the guidelines of the society, disposal, and settlement.

5. After the resolution, the society should forward a copy to the Registrar. You need the validation of the registrar to move on with the process.

6. If the registrar is satisfied with the resolution after the inspection he will pass the order to dissolve the society and delete the society name from the register of societies. He will also provide a certificate of dissolution to society.

7. In case the registrar is not satisfied he will give notice in the official gazette and invite objections, appeal and disposal of the amount that is not paid towards claimants and creditors within 2 to 3 months.

8. If there is no objection and no member has any appeal against a resolution the order will be passed after 2-3 months. If someone raises any objection the order cannot be in effect till the Appellate steps.

This is the process of

disqualification of managing committee.

I hope now know how to dissolve a housing society managing committee.

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The societies in which you reside are governed by the state's Societies Act. A set of sample bylaws for cooperative housing societies have been established by the National Co-operative Housing Federation of India (NCHFI), a national organisation. As you are here, you must be facing some challenges in your society and want to know the process to dissolve them. So let’s get started with the process of disqualification of managing committee member.

What is the procedure for dissolution of society?

A registered society can be dissolved under four general conditions, they are

• Approval of a resolution

• Proposal to general body

• Approval 

• A dissolution certificate

Why does the dissolution of society takes place?

Societies sometimes reach the breaking point and enter dissolution to dissolve the committee. Financial failure, goal-setting failure, illegal conduct, a lack of members, a delayed end to operations, breaching the law, or irrevocable damage are among the most common reasons for dissolving a housing society.

A society's members typically decide to dissolve it on their own. However, there have been situations in which the society did not plan to dissolve itself, but the government or the Registrar of Societies steps and does so.

This is all from my end about the disqualification of managing committee member.

As you must know, a cooperative housing society is a beacon of peaceful co-existence and good governance. However, sometimes societies move to dissolution by choice and sometimes by coercion. Some common reasons include bankruptcy, irreconcilable dysfunction, contravention of law, ceasing of functioning over a period of time, inadequate number of members, involvement in illegal acts, or inability to meet its objectives. Read below to know how a housing society management committee is dissolved.

A society can be dissolved by:

1)

Its members

2)

The Registrar

3)

The Court, or

4)

The Government.

• A housing co-operative society may authorise its own dissolution by special resolution. For this, a notice of the general body meeting called for the purpose is also be sent to the members, vendors, creditors, and to any associated entities and societies with which it may have entered into a contract.

• Three-fifths majority votes should pass the resolution.

• According to the society rules, the settlement and disposal of the society have to be undertaken. This includes settling liabilities and claims.

• The society should send a copy of it to the Registrar within fifteen days of the authorised resolution at the meeting as the resolution is considered invalid without their approval. The society is required to send a settlement report along with details of any surplus left over. If the State Government is an affiliate/contributor/member of the society in any form, its approval is required for dissolution as well.

• The Registrar does the inspection to ensure there are no assets or liabilities and then passes the order for the dissolution of the society and deletes the society’s name from the register of societies and issues a dissolution certificate to the society.

• If the Registrar isn’t satisfied after inspection, then they issue a notice in the official gazette of the proposed dissolution, thereby inviting appeals, objections from members and for the disposal of unpaid dues towards creditors and claimants within two to three months.

• If there is no objection, then the order is considered passed after two to three months. If someone raises an objection during that period, the order isn’t considered in effect until the Appellate steps in and takes the process ahead.

If you want to know how to remove committee members of housing society, then you will have to follow a similar process.

There are cases where the society doesn’t intend to dissolve itself but the government or the Registrar intervenes and dissolves it for:

• object clause hasn’t been fulfilled

• unlawful activities

• members are less than 7

• contravention of the Societies Act’s provisions

• society has stopped functioning for more than 3 years

• society is insolvent and can’t pay its liabilities and debts

Before passing such a resolution, the Registrar asks the society to provide a show-cause to stop the dissolution. If the Registrar isn’t satisfied with the show-cause, he may approach the court for resolution.

This is how to dissolve a committee.

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I hope now you will be able to dissolve the housing society management committee.