Section 78 mcs act applicability to administrator board
saby031965
(Querist) 27 August 2013
This query is : Resolved
Good Morning,
In our society after the dissolving of earlier elected managing committee for non pursuance of their case with Joint Registrar, Dy Rgistrar R ward appointed an administrator on 12/04/2012 who was hand in gloves with few members, he delayed the elections and formed an administrative board of 3 members by calling SGM.
These 3 members are incurring expenses beyond Bye Law 158, breaking fixed deposits.
When complaint is lodged their version is Bye Laws are for elected managing committee members. Administrator or committee of administrators are working under section 78 of MCS Act –
“The administrator or committee of administrators so appointed shall, subject to the control of the Registrar and such instructions as he may from time to time give, have power to exercise all or any of the function of the committee or of any officer of the society and take all such action as may be required in the interest of the society….
1 As per them Bye Laws are not applicable to them? Is it correct?
2. By when Maharashtra state election authority for housing society is expected to be formed and elections can be conducted?
ajay sethi
(Expert) 27 August 2013
even if administrator is appointed he is subject to control of Registrar . if acts of administrator board is not in interest of society lodge complaint with Registrar .
it sis more than year since administrator i appointed . he is bound to call for fresh elections to MC .
from now onwards State shall be conducting elections . intimation has to be given 6 months in advance before term of MC expires .
Rajendra K Goyal
(Expert) 27 August 2013
Intimate all the irregularities of the Administrator to the Registrar. Lodge a complaint for not starting the process of election.
