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Anand Sonie (Employeed in Pvt. Co.)     25 May 2010

My Housing Society has no committee

I am living in an approx. 15 years old society in Navi Mumbai. The committee members do not observe any rule. 1. None of the members of the Managing Committee has ever executed M20 Bond, as required by the MCS (Amendment) Rules, 2002 2. There is no copy of Bye Laws of the Society 3. There is no record of the resolution passed by the Society since registration 4. There is no member register 5. There is no nominee register 6. There is no meeting register 7. Society’s accounts had not been audited for about past 10 years or more 8. The books of accounts have not been maintained for about past 7 years or more When I submitted a letter to the committee asking about all these irregularity, all the committee blamed me of doubting the committee's capabilities and challanged me to take over. The committee has circulated a notice informing all the 16 members that all the committee members has resigned and there would be nobody responsible if the water and electricity gets disconnected. I do not want to take up the matter with Dy. Registrar because if an Administrator is appointed by the Dy. Registrar, it will be an additional burdon on the members. Please advice as to what should I do.



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 4 Replies

Isaac Gabriel (Advocate)     27 May 2010

If the information furnished are true, it can be brought to the notice of the Administrative authorities for stremlining the management in accordance with the Cooperative Societies Act .

Anand Sonie (Employeed in Pvt. Co.)     28 May 2010

Dear Mr. Gabriel,


Thanks for your prompt reply. As informed in my first mail, I do not want to take up the matter with Dy. Registrar because if an Administrator is appointed by the Dy. Registrar, it will be an additional burdon on the members. Please advice any other action as to what should I do.

Isaac Gabriel (Advocate)     29 May 2010

When there is a breakdoen of the bylaws, the cooperative societies act will prevail. Writ petitions are not allowd against the bylaws of Cooerative societies. Therefore, the administrative authorities 1e The Registrar of Cooperative  socities alone is empowered to deal with  the matter statutarily.

Anand Sonie (Employeed in Pvt. Co.)     30 May 2010

Dear Mr. Gabriel,

Can we adopt the New  Model Bylaws 2009 and start afresh?


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