Tushar Shah 27 December 2018
Tushar Shah 27 December 2018
Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 27 December 2018
What is the meaning of "disqualified the society"? Under which section did he "disqualify" the society? What are minor problems that he has found now? Please be specific and give specific details of the action taken by the Registrar. What are the sections referred to in the Registrar's order?
Tushar Shah 27 December 2018
Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 27 December 2018
Section:102 of the Act (not Byelaws) deals with order to wind up societies. Co-operative Societies doing business such as a Co-operative Bank or a Co-operative Store can be wound up. What is the meaning in winding up a housing society? In the case of housing societies the Registrar can, in extreme cases, dismiss the Managing Committee and order fresh election or can appoint an administrator, temporarily. The residents, who are members of the Society, exist and their common affairs have to be managed. So the society cannot be liquidated. Section 79 deals with giving directions by the State Government. I cannot imagine for what purpose the Government should invoke Section 79 on a housing society. It will not be invoked for such things as not submitting annual accounts. The worst, if at all, that can be done under Section 79 is to remove an office bearer or perhaps the Managing Committee. All these require considerable action on the part of the Government. How is it that your Managing Committee is so gullible that they get scared by hearsay information. I have managed our Co-operative Housing Soceity for decades. I have never heard of such things. I would really suggest that your Managing Committee remains indifferent until some written thing in black and white or an officer from the registrar's office officially comes to you. Do not waste hard earned money of members on lawyers' fees and litigation. The wheels of Government move so slowly that it will never be too late for you to take action.
Tushar Shah 28 December 2018
Tushar Shah 29 December 2018
Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 30 December 2018
I see no relevance of Sections 121 and 69 of the Maharashtra Co-op Soc. Act, 1960 to your case. So long as you do not receive anything in writing from the Registrar's office, do not bother about them. Do not believe touts. Ignore them. According to an amendment to the Act, you have to contact the election officer to conduct elections. There was a proposal to exempt small societies with less than 100 members to conduct elections on their own. But that required an amendment to be passed by the legislative assembly. I do not know whether it has been done. How many members are there in your Society?