Querist :
Anonymous
(Querist) 20 May 2021
This query is : Resolved
we are having FORTY members society consisting of TWENTY EIGHT residential and TWELVE commercial shops and office barrers in our society .I am holding flat since TWO THOUSAND FOURTEEN & society taking very lightly for bye laws rules and compliance part of our society society have not conducted Agm sINCE TWO THOUSAND FIFTEEN and suddenly on EIGHTEEN APRIL OF LAST MONTH office barrers have conducted AGM for THREE YEARS and passed some resolution. in our society chairman ,secretary and tresurer hv outstanding maintenance as on THIRTY FIRST MARCH TWENTY ONE and chairman have got outstanding more than six months i hv approached the Registrar for appointment of administer but registrar is questioning me of violation section of society and always consoling me that we wll send notice for clarification now my question is 1) whether resolutions passed in 18042021 AGM is valid in eyes of law in various matter 2) whetther office barrers are disqullified if so pl.give me proper section 3) how to tackle the registrar
kavksatyanarayana
(Expert) 20 May 2021
What are the Rules and regulations of the bylaws? Under which Act i.e. under Societies Registration Act or Coop. House Building Society Act your society registered?
Dr J C Vashista
(Expert) 21 May 2021
What is type of Society being referred ? It would be better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.
Querist :
Anonymous
(Querist) 21 May 2021
Sir our society registered under cooperative society reg act
Sankaranarayanan
(Expert) 21 May 2021
Better to seek advise from local lawyer and act accordingly
Querist :
Anonymous
(Querist) 21 May 2021
Sir our society registered under cooperative society reg act
kavksatyanarayana
(Expert) 21 May 2021
so complain to the Registrar/Deputy Registrar of Cooperative Housing societies of your District/Regional by Registered Post.
Advocate Bhartesh goyal
(Expert) 21 May 2021
Yes, make complaint in this regard to Registrar co-operative societies and request to take necessary action.
T. Kalaiselvan, Advocate
(Expert) 21 May 2021
You have answers to all your questions in the bylaws itself. Further the registrar of cooperative societies has proposed to take action on this. If you do not find any remedy to this then you can approach cooperative court with a suit for injunction against the office bearers for continuing the office of the management committee illegally You may gather like minded people to file a case jointly against the members of the committee.
Dr J C Vashista
(Expert) 23 May 2021
As per State (all over India) Cooperative Societies Act, Rules and Bye-Laws adopted by the Society it is mandatory to convene annual general meeting within 180 (somewhere it 120) days of cooperative year. Which state (where) is your society located ?
There is also provision for initiation of punishment proceeding against office bearers of Managing Committee by Registrar Cooperative Societies.
What action has been taken by the members of such Society for elapsed period of 3 years ?
It is not clear whether your society is residential (28 members) or commercial (12 members) as stated by you since it can not be registered for residential as well as commercial.
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