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Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     28 September 2010

Bond required by MC members of co-operative housing societie

A couple of weeks back I had written on the same subject.

Last week the Secretary of the Society met the Registrar and told him that 19 months back they assumed charge as Managing Committee members but had not signed the bond.

The Registrar smiled and told him "Never mind. You sign now". In a couple of days all the Committee members executed the bonds. The matter ended there.

I am giving this information because I do not want people to get scared under the various opinions of learned lawyers.

MPS Ramani



Learning

 3 Replies

V. VASUDEVAN (LEGAL COUNSEL)     28 September 2010

Thanks for sharing the result. Rather than dwelling into the problem, the solution oriented approach always helps.

vasudevan

ajay sethi (lawyer)     21 August 2011

well the registtrar has wrongly guided you . in such a case if soem members complain that bond was not executed within stipulated period of new committee being elected then administartor would be appointed . fresh elctions callaed for

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     21 August 2011

@Advoate Ajay Sethi 

The word  "wrongly guided you" comes only when his guidance adversely  affects either the Managing Committee members or some or other member of the Society. Nothing like that happened. You are saying "if". It is a hypothetical matter. Some of those who have to enforce the law and some lawyers go by the rule book. The purpose of law is to see that someone does not do any harm to someone else. That has not happened. If someone complains, the Registrar cannot straightaway take action as you have stated. He has to first send notice to the Society asking whether the allegation is true. After satisfying himself that the allegation was true he has to act further. Also an important thing to be examined in such matters is whether there was a mala fide. When no such thing was there instead of unnecessarily increasing his work-load and wasting his time which otherwise he should use to catch other real culprits in other Societies, the Registrar did a wise thing.

In fact the legislation itself is immature. When something is an offence under law, there should be an automatic mechanism to advise those who committed the offence or those who were affected by it. Otherwise it is a dead law. The Managing Committees of 99% of the Societies in Maharashtra have not signed the bond. The Registrars also know it. 

Incidentally last month elections were held in the normal course and the same persons have been elected unopposed. No one else wants to be in the Managing Committee.


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