Maharastra state co operative act flat owners
shabbir boltwala
(Querist) 18 October 2012
This query is : Resolved
we are buisness premises society 1985 with 8 members.we have been conducting society AGM within extended time limit as permitted by dy. registrr co operatve mumbai.
we requsted for extension of time for carryout AGM 2011-12 on before 14th nov12, however dy registrar has served us notice u/sec75 appointing outsider to conduct the AGM.
MY QUERY:
under what circumstances dy.registrar can excercise power under sec 75?
is it not required /binding on the officer to issue show cause?
is it binding on society to bear expnses fees of appointed officer? and is there any sechedual of fees prescribed/
WHAT ARE DOs and DONT DOS FOR SOCIETY AND APPOINTED OFFICER
PLEASE GUIDE ME IN THE ABOVE MATTER
ajay sethi
(Expert) 18 October 2012
1) Every society shall, within a period of three months next after the date fixed for making up its accounts for the year under the rules for the time being in force, call a general meeting of its members:
Provided that, the Registrar may, by general or special order, extend the period for holding such meeting for a further period not exceeding three months however, in the case of the specified societies and urban co-operative banks such extension shall be granted only after recording the reasons in writing and after obtaining the previous approval of the Government for granting such extension.
Provided further that if in the opinion of the Registrar, no such extension is necessary, or such meeting is not called by the society within the extended period (if any) granted by him, the Registrar or any person authorised by him may call, such meeting in the manner prescribed, and that meeting shall be deemed to be a general meeting duly called by the society, and the Registrar may order that the expenditure incurred in calling such a meeting shall be paid out of the funds of the society or by such person or persons who in the opinion of the Registrar, were responsible for the refusal or failure to convene the general meeting.
no harm in registrar order . you have not called for AGM before 14th August . the person appointed will only conduct the AGM . registrar has powers under section 75(1) to appoint some person to conuct the AGM
