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SRIPRAKASH BHATTACHARYA (RETIRED)     08 January 2022

Role of state government in the co-op hag. society where it does not have stake

I stay in a large co-op hsg society, birth of which was given illegitimately by the WB Govt. ( I've all documentary evidences) in 1978. In addition an amount of Rs. 57.00 lacs has also been defalucated by three Govt. nominated Board members and three Private Board members who were hand in gloves. Unfortunately corruption is still continuing and the society is now being run by a Board members of which are from the residents. 

The co-op hsg society can not be saved till such time it is run professionally. To do so there no young members who have either interest or time. 75% members are in 70+ age group. 

Further The WBCS ACTS 2006 and WBCS RULES 2011 are not well knitted. Even the By-laws of the  hsg society has not been revised since 3-1/2 decades. The state government is not bothered to look into the issue or even help. 

I feel that the only way to keep the housing society alive and energise is to adopt the PPP model. 

Even writing to govt does not help instead the bereaucrats sit with the letters and don't reply. So is with the State RTI 

 

Request to kindly guide

 



Learning

 3 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     09 January 2022

There are many co-operative housing society similar to what you have written. There are two types of co-operative housing societies in India viz very small societies and very large societies. Small societies are similar to what you have described. The members are colectively responsible to serve themselves and if a member has to make a complaint he has to complain against himself. Very large societies are similar central or state governments. There will large scope to make money and there will be keen competition to get elected to the managing committee. An individual member who cannot get elected, can complain to the registrar;s office. They will also try to make money.

Archana Pandey   12 January 2022

Sir, It may help.

The Cooperative Societies Act 1912
35. Inquiry by Registrar.—
(1) The Registrar may of his own motion, and shall on the request of the Collector, or on the application of a majority of the committee, or of not less than one-third of the members, hold an inquiry or direct some person authorised by him by order in writing in this behalf to hold an inquiry into the constitution, working, and financial condition of a registered society.

(2) All officers and members of the society shall furnish such information in regard to the affairs of the society as the Registrar or the person authorised by the Registrar may require.

36.Inspection of books of indebted society.—

(1) The Registrar shall, on the application of a creditor of a registered society, inspect or direct some person authorised by him by order in writing in this behalf to inspect the books of the society: Provided that—

(a) the applicant satisfies the Registrar that the debt is a sum then due, and that he has demanded payment thereof and has not received satisfaction within a reasonable time; and

(b) the applicant deposits with the Registrar such sum as security for the costs of the proposed inspection as the Registrar may require.

(2) The Registrar shall communicate the results of any such inspection to the creditor.

37. Costs of inquiry.—Where an inquiry is held under section 35, or an inspection is made under section 36, the Registrar may apportion the costs, or such part of the costs as he may think right, between the society, the members or creditor demanding an inquiry or inspection, and the officers or former officers of the society.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     13 January 2022

These are provisions of law. Who will act according any of these provisions is not stated. Further a co-operative housing society is different from other co-operative societies. It is a 100% consumer society. If a member wants to complain, it woud be like complaining against himself. There is a section under the Act under which the Registrar can order liquidation of the society. If the society is liquidated, who will look after the collective interest of the members. The managing committe is to be elected from among its members. If no member offers himself to be candidate for election, how can the managing committee be formed. There are many societies, where the money involved is small, which are like this.

Our society was running perfectly well. There were some other societies, where there were malpractices. The Tuglaks in Government ordered that elections shoud be conducted by an officer deputed by the Government. We asked the Government to depute an officer. It has not been done for years. So there is anarchy and our society is going to dogs.

There is the question of nomination. Learned judges of the higher courts have ruled that nominees are not absolute owners and only legal heirs under the succession acts have the rights. Nominees do not want to assume responsibility unless they are given absolute rights. The various limbs of the Government are upsetting the apple cart.


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