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CHS & RTI Activist Jeby Patel Provides Details of Powers Which are With The Deputy Registrar / Assistant Registrar of Co-operative Housing Societies.

15 February 2012 2 Comments

CHS & RTI Activist Jeby Patel Provides Details of Powers Which are With The Deputy Registrar / Assistant Registrar of Co-operative Housing Societies.

The Deputy Registrar / Assistant Registrar of the Co-operative housing society has got wide powers as per various provision of the Maharashtra Co-operative Societies Act, 1960. The Deputy Registrar / Assistant Registrar can appoint an inquiry officer if the management
of the society is not functioning properly. If the Deputy Registrar / Assistant Registrar is satisfied with observing various documents of the society that the management of the society is not proper then he can dismiss the Managing Committee and appoint Administrator or Board of Administrators to manage the affairs of the society:

 

  1. Under Sec.73 (1AB) of MCS Act,1960 r / w Rule 58 of MCS Rules 1961, the Deputy Registrar / Assistant Registrar has powers to dismiss the managing committee for violation of Sec.73 (1AB).
  2. Under Sec.75 the Deputy Registrar / Assistant Registrar has powers to debar the Managing Committee for one term for not calling AGM in time.
  3. Under Sec. 77A the Deputy Registrar / Assistant Registrar has power to appoint a new Committee or Administrator when there is a failure to elect member to constitute committee. the Registrar may, either suo-moto or on the application of any officer of the society, by order appoint :

(i) any member or members of the society to be the member or members of the committee to fill the vacancies:

(ii) a committee, consisting of not more than three members of the society; or one or more administrators, who need not be members of the society, to manage the affairs of the society till a new committee enters upon office: Provided that, before making such order, the Registrar shall publish a notice on the notice board at the head office of the society, inviting objections and suggestions with respect to the proposed order within a period specified in the notice and consider all objections and suggestions received by him within that period: Provided further that, its hall not be necessary to publish such notice in any case

The administrator so appointed is also required to file M 20 Bonds Under Section 73 (1AB) of MCS Act,1960 read with Rule 58a of MCS Rules,1961. Please refer attached GR Dated 17.10.2006.

  1. Under Section 78 the Deputy Registrar / Assistant Registrar has power to remove the committee of any society or any member of such committee makes default, or is negligent in the performance of the duties after consultation with the federal society to which the society is affiliated.

78 (a)

(i) remove the committee, and

(ii) appoint a committee consisting of three or more members (who shall not be them embers of the committees so removed) of the society in its place, or appoint one or more Administrators who need not be the members of the society, but who shall not be the members of the
committee so removed, to manage the affairs of the society for a period not exceeding six months, which period, at the discretion of the Registrar, be extended by a further period not exceeding three months so, however, that the total period does not exceed nine months in the aggregate.:

  1. Under Section 79 the Deputy Registrar / Assistant Registrar has power to
    enforce performance of obligation.
  2. Under Section 80 the Deputy Registrar / Assistant Registrar has power to
    seize records of the Society.
  3. Under Section 81 the Deputy Registrar / Assistant Registrar has power to
    appoint an Auditor to audit the accounts of the society (the powers
    U/s 81(6) have been conferred on DDR & DJR vied GR Dated
    05.01.1012 (please refer the attached fie).
  4. Under Section 82, the Registrar has power to direct the society to rectify
    the defects in the accounts.
  5. Under Section 83, the Registrar on receipt of complaint or on his own can
    initiate an inquiry
  6. Under 88, the Registrar can initiate action to assess damages against
    delinquent promoters.

Under Section 89, the Registrar / Assistant Registrar has power to summon

  1. and enforce an attendance of any person and examines him on oath or
    affirmation or by affidavit or to compel the production of any
    document in the same manner, as is provided in the case of Civil
    Court under the court of Civil Procedure 1908.

 

  1. Section 89 A, the Registrar / Assistant Registrar has power to inspect the
    working of the Society.

 

If the party is aggrieved by the decision of the Registrar / Assistant Registrar or its subordinates then a provision exists for revision application under Section 145 of the MCS Act , 1960 before higher authority i.e Joint Registrar of Co-operative Societies and even before the State Government under Section 154 of the said Act.


2 Comments »

  • Resham Thakur said:

    I am quite impressed with the good work done by all you guys. Plz carry on with the crusade against the illegalities & wrong doings committed by corrupt people in power.. Jai Hind !

    Warm Regards !

    Resham Thakur

  • haridas mandal said:

    I need to know whether such a thing is available for Registrar/ Asst Registrar of the REGISTRAR OF AP SOCIETIES. I have written several letters to the Registrar of Societies in relation to:
    a) Eligibility of members in a apartment owners welfare society.
    b) Rules on amendment to Bye Laws.
    c) Voting by proxy if allowed or not.
    d) Other such dispute.
    I have used RTI Act but have recd no reply. State Info Commission is non-functional.
    I will be grateful if someone provide me the info