Action under mcs act 1960 section 80
arunkumar
(Querist) 17 September 2018
This query is : Open
Society committee tenure of 10 yrs completed and society charge was given to Administrator appointed by Registrar pune.After gap of 3 months new committee is formed of no of defaulter members and they took the charge from Administrator in the month of june.Now the secretary of outgoing committee received letter from registrar that some documents are missing from the record of the society on the complaint filed by new committee.The allegations made are totally false and baseless. They are asking for original documents of 2 flat holders which were never given to the society.The original documents are always with the owner. and the copy of that document is with the society record.This is only to harass the secretary of previous committee . My request to the experts that how to convince the Registrar for that and what further action registrar can take only on the basis of written complaint without any evidence.What reply or action is expected from Outgoing secretary to finish off the matter.
Isaac Gabriel
(Expert) 17 September 2018
Original document will always be left with the owner.Hopwever it depends on the bylaw of the society.You can send reply about the real facts.
Kishor Mehta
(Expert) 17 September 2018
1. The tenure of an elected Managing Committee is five years.
2. A defaulter can not be elected to the Managing Committee till he pays up all his dues to the Society in full.
3. The original copy of the sale deed is always with the member, Society holds a copy.
A complaint has to be submitted to the Deputy Registrar of Co-Op Housing Societies of your Area in case of undue harassment.
The Deputy Registrars are well conversed in the Bye-laws of CHS.
arunkumar
(Querist) 28 September 2018
thanks for the early reply and showing interest.I am telling u the fact that defaulter members shown on society ac register is allowed to participate in the election.JUst before the election tHE 101 mcs act recovery complaints 4 NOS were dismissed by registrar himself and allowed them to participate .THOSE COMMITTEE MEMBERS ARE STILL DEFAULTERS AND MANAGING THE COMMITTEE ONLY TO HARASS THE OLD COMMITTEE MEMBERS .THIS IS HAPPENING IN THE CITY LIKE PUNE ASST REGISTRAR 2 SHIVAJINAGAR.SEE THE LEVEL OF CORRUPTION
