Dissolved co-op society committe - m-20 bond
Ria
(Querist) 03 April 2012
This query is : Resolved
Respected Experts,
Our societies managing committe was dissolved in January 2010 for not filing the mandatory M-20 Bond and other violations of the Maharashtra co-op societies law.
An Administrator was appointed for one year and later again new managing committee was appointed with directions to file M-20 Bond.
However the managing committee has till date not filed the M-20 Bond for the second time. The stipulated time of 45 days for filing the bond is over long back.
Now committee is deemed to have been dissolved.
Now I required an NOC for Bank loan urgently for sale of my flat.
1) Can the Deputy Registrar of Co-op society sign the NOC without holding a meeting with dissolved committee members ?
2) Is a weeks notice required to be given to the deemed dissolved committee members ?
3) Can I clear my maintenance dues which is in dispute and get the NOC directly from the Deputy registrar of Co-op society ?
ajay sethi
(Expert) 03 April 2012
if managing committee has not been dissolved yet it continues to function .
has an y order been passed by Registrar appointing adminstrator second time and dissolving committee ?
make an application to Secretary for NOC . if you have failed to pay maintenace dues no NOC will be issued . if adminstrator appointed make an application to adminstrator
Sankaranarayanan
(Expert) 03 April 2012
if the committee is dissolved then only way to file a application to the administrator for NOC for your needs
Raj Kumar Makkad
(Expert) 03 April 2012
As no specific order has been passed as on day t nullify the existing committee so legally it is still working and its NOC is valid for all purposes.
AMAR RANU
(Expert) 04 April 2012
Since the delinquent committee members are under supersession,only Registrar/Administrator can help you to redress your grievances.
M V Gupta
(Expert) 06 April 2012
As per Section 73 (1) (1AB) of the MCS Act, if the m-20 bond is not executed by the elected members of the MC they are deemed to have vacated the office, and as such strictly from legal point of view cannot give the NOC. If the NOC is given by the Secretary of this Committee it is a nullity in law. But this situation is prevailing in many Societies in the city and the management of the affairs of the Society are being carried on by such committees as a de facto or care taker committees. On the ground that they are the de facto committee, the certificate given by them should hold good. However there is no decided case on this point.
