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Tushar Shah   27 December 2018

Co-op.Society related

Scty. by oversight did not file the B/sheet of 2016/17.(Since 1976,its inception..hv deligently filed all papers.
The retiring Asst. rgstr mumbai disqualified the scty.for the above reason.

Crux of the matter is he did not give a single show cause notice under various sections, Under which he disqualified scty.

Up on Appealing to Joint Div. Registrar the particular order was set aside..
Yet as per the " norms " he was referred bk...the file. Now he has found some other minor problem.. So this seems , wud go on till he is " settled " i guess!
PLEASE PL.someone guide me in the matter...so that Scty. can b restored & function normally.


Learning

 7 Replies

Tushar Shah   27 December 2018

I am sorry pl read as Yet as per the " norms " the Asst.regstr. was referred bk...the file. Now he has found some other minor problem.. So this seems , wud go on till he is " settled " i guess!
PLEASE PL.someone guide meĀ 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     27 December 2018

What is the meaning of "disqualified the society"? Under which section did he "disqualify" the society? What are minor problems that he has found now? Please be specific and give specific details of the action taken by the Registrar. What are the sections referred to in the Registrar's order?

Tushar Shah   27 December 2018

Yes sure! 1) 102 of bylaw 1960 2) 79(1-a) " " " By disqualification ..i meant deregistration. * Pl note that notice under any of the above has never been served to the society. * Some tout affiliated to the Rgstr. office brought the issue to sctys notice. He brought along someone claiming from Rgstr.office to ' negotiate ' & to regularise the problem. * This order was passed by the outgoing Asst. Rgstr. in march 2017. # Till the time we hired a lawyer No actual action of Any kind was initiated ..accept the tout who was sent. By minor problems what i meant was a) uploading action taken report of the auditor b) auditors report with B/sheets c) mandatory reports uploaded d) mnts of agm. E) election report (2016/17) NOT submitted bcz we were ill advised by our consultant that we dont need to invite them for conducting the election 2016/17. All the above accept election report,...were submitted to him thru our lawyer at the outset at time of appeal but he said he has not rcvd. So we submitted again. I hope i hv bn able to give reply as per rqrmnt. Thank u v. much for yr reply..Sir! Expect a further reply ..thank u again in the meantime.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     27 December 2018

Section:102 of the Act (not Byelaws) deals with order to wind up societies. Co-operative Societies doing business such as a Co-operative Bank or a Co-operative Store can be wound up. What is the meaning in winding up a housing society? In the case of housing societies the Registrar can, in extreme cases, dismiss the Managing Committee and order fresh election or can appoint  an administrator, temporarily. The residents, who are members of the Society, exist and their common affairs have to be managed. So the society cannot be liquidated.  Section 79 deals with giving directions by the State Government. I cannot imagine for what purpose the Government should invoke Section 79 on a housing society. It will not be invoked for such things as not submitting annual accounts. The worst, if at all,  that can be done under Section 79 is to remove an office bearer or perhaps the Managing Committee. All these require considerable action on the part of the Government. How is it  that your Managing Committee is so gullible that they get scared by hearsay information. I have managed our Co-operative Housing Soceity for decades. I have never heard of such things. I would really suggest that your Managing Committee remains indifferent until some written thing in black and white or an officer from the registrar's office officially comes to you.  Do not waste hard earned money of members on lawyers' fees and litigation. The wheels of Government move so slowly that it will never be too late for you to take action.

Tushar Shah   28 December 2018

Thank u sir, But cud u pl guide us thru this problem & help restore our status?
In the mean time, pl inform Whether # we can carry on mandatory activities of Scty? # Can hold election as per current, new GR ? # Carry on the process of Redevelopment ?
Also, What abt The order of Div.Joint Rgstr..setting aside the order under section 121 & 69 of Asst Rgstr..? Does it help us in our cause Or it has no relevance ?
I vl b thankful ..to get yr rpl...?
Tushar

Tushar Shah   29 December 2018

Hello Sir, Tmrw morning we are having a meeting of the committee. I rqst. u to pl throw some light on my last post to u. Thanking u in anticipation..!

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     30 December 2018

I see no relevance of Sections 121 and 69 of the Maharashtra  Co-op Soc. Act, 1960 to your case. So long as you do not receive anything in writing from the Registrar's office, do not bother about them. Do not believe touts. Ignore them. According to an amendment to the Act, you have to contact the election officer to conduct elections. There was a proposal to exempt small societies with less than 100 members to conduct elections on their own. But that required an amendment to be passed by the legislative assembly. I do not know whether it has been done. How many members are there in your Society?


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