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prakash (fl)     28 January 2009

Right of Dy.Registar,CHS................

Under what Circumstances,Dy.Registrar can Freeze Bank accounts,If members of the society feel that freezing bank accounts is Unjust and with not bonafide intentions,What is the course of action?



Learning

 18 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     28 January 2009

Dy.Registrar (ward officer) is empowered u/s 79 of the MCS Act, to notify the societies Bank to freeze bank transactions. He can do so when he is of his discretionary opinion (usually on a members complaint) that the office bearers of the society are indulging in misfeasance or misappropriation of society funds or are doing acts which are in violations of the MCS Act.


The action of the dy.registrar, can never be said to be "without bonafide intentions", because he is empowered to u/s 79.  Usually the dy.registar is always presumed right and non-malafide.


If 2/3 members file a petition with the Dy.Registrar, then a fresh elections can be called, then the new mg.committee will be handed over the charge of the bank accounts.

Alternatively one can file an appeal against the dy.registrar with the divisional registrar u/s 161, and following an hearing, things can change.


Keep Smiling ... HemantAgarwal

bhavesh (Service)     28 January 2009

Dear Hemant,

Please let me know where i can get the knowledge of CHS is there any website if yes please let me know or forward the information by you about the bye-laws of CHS
regards

bhavesh (Service)     28 January 2009

Dear Hemant

Please let me know where can i get the knowledge of CHS is there any website please let me know about it & also let me know bye-laws

regards.

bhavesh shah

prakash (fl)     28 January 2009

Politiclly influential person wanted to become member of the society,while carry out his activities of day to day renting out of his flats to the very unknown persons for better financial gain,Secretary asked him to stop this kind of activities,in order to protect Members(including sr.citizen),and not granted membership till he closed down his unlawful activities in the society and put life & property of other members in danger.Under his influence Dy.registar took action but we R not having proof as such we have not claim accordingly,(this is Fact,without proof).therefore Bonafide intentions is questioned.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     29 January 2009

It would be good for you to obtain a copy of "Maharashtra Co.op Socities Act, 1960" and Rules (costing approx. 300/-) and available at most big book stores or from book sellers outside the HighCourt or the SessionCourt OR from "Law Times", address : 4, Alli Chambers, 2nd Homi Modi Cross Lane, Fort, Mumbai.

A free copy of the "Model Bye-Laws" Co.op Hsg. society, is available from "Maharashtra Societies Welfare Association, A-1/207, Laram Centre, Opp. Andheri Railway Station West, Mumbai.

There is no website, that I know of, that provides much detail about the MCS Act and its activities and so on.

It would be also good for you to appoint a experienced "Society consultant", for soceity matters, since such matters always stretch for a very very long period.

Keep Smiling ... HemantAgarwal

prakash (fl)     04 February 2009

Powers without duties,How long?While Sleeping chineses where overcoming top world nation,INDIAN R YET HYPOCRATIC AND SLEEPING,and entire systems yet working for selective fews.

prakash (fl)     11 February 2009

IF there is no fan working,or no drinking water,or no electricity in the room were  KASAB kept,Entire Government department incusive of CJI of SC is concerned about HUMAN RIGHTS,Here in my own CHS nobody concerned for old 73 years single lady alongwith other members of the society  suffering without electricity on passages & members life and property R in Danger on accounts of Appointed Administrator behave like personal servants of Vested Interest and alongwith local police strike on Registered society at their own wills,freezing banks accounts for the reasons of not allowing society to approach for justice in higher forum and put obstructions in the process of justice,Here inspite of bringing notice to the highest concerned authorities,nobody acting,Y?only KASAB having  Human Rights?

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     11 February 2009

Pak. Terrorist "Kasab", is a foreign criminal and there are certain protocol norms between two countries as to the way a foreign prisioner is to be treated. Certain protocol norms have to be compulsorily followed. AND this is monitored by the Human Rights as a routine. The rights of a human is monitored in lieu of a criminal facing excess when under the state/centre machinery i.e. police, CID, CBI, Army ...

The report of Human Rights, is more than sufficient to handle international criminal with kid gloves, hence the govt.machinery is compelled to provide all this facilities.


In your case the members are not criminals and the state machinery (dy.registrar) is not imposing any excess on the members in violation of the MCS Act.  There is no such incident, yet recorded, wherein there is threat to life & property due to appointment of Govt.Administrator.  Normally there IS "egoistic" nuisance in the society between its members relating to expenses, accounts and administration and to set it right (or say COOL OFF), the dy.registrar has to appoint an "administrator", that too for not more than 6(9) months, which has to be followed up by a election.


AS IT IS, the dy.registrar does not act on his own (or say gets dreams), to appoint an administrator.  It is always the society mg.committee who is at fault. No point in blaming the state machinery (law).  The Administrator is not a relative / friend of the society people, so his behaviour would be normally erratic considering his work/job background.  No point in getting prejudiced against the appointment of "Administrator".  Self-introspection will remove the members prejudiced egoistic thoughts.


A proper approach to appropriate authorities with a proper petition can set right most problems, subject to appropriate cooperation between the members   "ELSE"  the logical end to such things is "de-registration of the society".


CONSIDER THIS QUOTE :

"Those who have knowledge don’t predict. Those who predict don’t have knowledge".


Keep Smiling ...HemantAgarwal

9820174108 (evenings only)

 

prakash (fl)     12 February 2009

Every stage our so called knowledgable persons attain newer height of stupidity and for the same reasons innocent R suffering,and society unfortunately called it's as professional.Every thing drawn to the attaintion of the Administrator visited manytimes to the society,earlier excessive on people done by forign rulers having morality,Here it's absolute lacking of moral grounds,even door of Judiciary getting closed by freezing bank accounts.

Anil Agrawal (Retired)     14 February 2009

 Another name for discretion is corruption.

prakash (fl)     14 February 2009

W/o Concrete Proof ,we don't want to say Corruptions,for that Vigilance department is there to take care of same.

Anil Agrawal (Retired)     15 February 2009

 The problem with this country is proof, proof and proof. There is an old saying that the taste of pudding is in eating. Those who shout from house top about proof will forget all about it when they go to Dy. Registrar's office. Theoretical knowledge is most dangerous.

Anil Agrawal (Retired)     15 February 2009

 And if vigilance department is corrupt? Have you not read how a CBI officer was caught taking bribe? Every day policemen are caught taking bribe. Still we want proof. Until DNA came into the picture, one didn't have the proof who his father was. We all know what happens to proof, evidence and witness in courts.

prakash (fl)     16 February 2009

I agree with U anil agrawal,that's is Y in some areas Justice is provided by local criminal,this justice normally affordable by masses and without time consuming it's give results to the complainant.


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