Mumbai Housing Society Queries: 'Office-Bearer Cannot Be Relieved Without Acceptance Of Resignation,' Says Expert

Q. The treasurer has tendered his resignation. The managing committee has not accepted the resignation and insisted him to continue till the end of financial year.. Can the treasurer be relieved as office-bearer without the resignation being accepted by the committee? –

Amita Dutta, Sion A.

No, the treasurer cannot be relieved without acceptance of the resignation by the managing committee. The role of the treasurer is an important one, and the responsibilities must be properly handed over to another competent individual. The treasurer has been assigned the responsibility of managing the funds. He/she may tender resignation by addressing a letter to the chairman of the society. The committee has to discuss the matter at its meeting and consider the application for resignation.

The resignation will be effective only after acceptance by the committee and handing over the charge to the newly elected treasurer. The committee may accept the resignation only after it is satisfied that the books of accounts are updated and the record is handed over. (Bye Law 131)

Q. Our society building has been regularly repaired and maintained for the last 30 years. However, the structural audit conducted by the society qualified the building in C1 category, which is not acceptable to some members, and they wish to challenge the report as fake, given at the instance of the managing committee. How and where can we challenge the said fake report? —Punit Srivastava, Kalbadevi A.

A C1 category in a structural audit report indicates that the building is in a dilapidated condition, deemed unfit for occupation, and requires immediate evacuation and demolition to prevent any harm to residents or property. If you believe the condition mentioned in the report is inaccurate, you have the right to challenge the report before the Technical Advisory Committee (TAC) of the BMC.

The TAC is a panel of technical experts responsible for reviewing complaints related to structural audit reports. Any member dissatisfied with the audit findings may approach another panel of independent agencies, such as IIT-Bombay, VJTI, or other recognised consultants, for a second opinion. This second report must be submitted to the TAC within 15 days. The TAC will provide a hearing to the structural consultants involved and evaluate both reports before issuing a final decision regarding repair or demolition of the building. If the reports are contradictory, the TAC may order a fresh structural audit by consultants appointed by the BMC.

The decision of the TAC will be final and binding on all parties. In the event of any unfortunate incident or mishap, if it is found that a structural consultant negligently certified the building as repairable and habitable, they may face deregistration by the BMC. In cases where professional negligence is established, legal action may also be initiated against the consultant.

The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat. The questions, in brief, may be sent to fpjchs@gmail.com

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