Information Society Inspection by Registrar

[euphoria_82]

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We have managed to get the Dy.Registrar send a inspector to inspect our Society. The Inspection is due for next week.

The reason for getting this inspection done is mainly "NON CONDUCT OF ANY ELECTION PROCESS".

The current Managing Committee is acting on a self-appointed basis having the support of a few members who 'claim' that they have 'elected' the Managing Committee. No documents are produced in this regards, and no election process has ever taken place in our society.

What do I need to ensure that the visit of the Inspector bears maximum fruit ? Will he inspect the society records/ election records/ accounts etc on his own or do I need to be present there personally when he comes ?

For your information, the Registrar in his "Inspection Order" has stated that he is coming for inspection by excercising his OWN power, no where does it mentions that he is coming after acting on my complaint.

What is the next step after inspection ?

Will the Managing Committee be dissolved if irregularities are found by the inspector ?

Will fresh elections take place ?

Will the inspector appoint a caretaker managing commitee ?

In short, just tell me what all takes place after a Society Inspection by the Inspector deputed by Registrar.

Thanks in advance for your time and replies

[ha9820174108]

HAWAI PALACE

1. The Hen (komb-dee) is just got pregnant.

2. Let the hen deliver the Egg and SIT over the egg.

3. Let the egg first warm up & hatch.

4. See IF the egg has hatched at-all or it is just a dud egg.

5. If the egg hatches, see what emerges.

6. If a female chick emerges from the egg, THEN THE FEMALE CHICK WILL GIVE YOU LOTS OF POINTS AND MASALA, AGAINST THE PRESENT "MC"

7. If a male chick emerges, then nothing happens and your complaint goes down the drain.

8. Let the registrar first conduct the Inspection of the CHS u/s 83, and record his findings. After that, get the copy of the Inspection report from the registrar's office using RTI Act.

9. Study what-all deficiences, the registrar has found and recorded in his report and ONLY THEN DECIDE THE FUTURE COURSE OF ACTION.

10. It is best if the complainant is present quietly during the registrar's visit for inpection of records, however strictly do not sign on any document / inspection report. However, you can silently prompt the registrar to check the election nomination papers and the indemnity bond THAT MAY have been signed by the MC.

BTW, the komb-dee requires lots of "slow-cooking" to make it tasty and soft to eat. Jisne "ghai" kiya, woh "kha-eee" (khad-deh) mein gira.

Keep Smiling .... Hemant Agarwal

[euphoria_82]

Dear friend...thanks for your reply...

To be very frank I almost lost my cool when I read the first few lines of your reply...I thought you are spamming my post :P

But then as I reached point # 08, I realized the reply is perfectly on track

Thanks for such a wonderful reply

Your suggestions are very well noted, and will surely keep you updated.

PS : My Last query for the day....Since the Chairman/Secy etc are just appointed by a few society members saying they have selected them unopposed (without calling any elections whatsoever) Can the Inspector accept this explanation when he comes for inspection ?

[nitinprane]

Refer III RIGHTS OF MEMBERS

Refer Bye-Law No.23

"A member shall have right to inspect free of cost books, registers, documents etc. ......."


You could have done this & ask for Minutes of General Body Meeting in which the Managing Committee is formed.



Is there any possibility that AGM was held & you were not present ?



You said

"The current Managing Committee is acting on a self-appointed basis having the support of a few members who 'claim' that they have 'elected' the Managing Committee."

A few members may be the quorum for the AGM.



Some Qs

1) When the Society is formed ?

2) How many members does it have ?


Refer Bye-Law No.101

The quorum for every general body meeting of the society shall be 2/3rd of the total number of members of the society or 20, whichever is less.

Refer Bye-Law No.102

If within halt an hour after the time appointed for general body meeting of the Society, there is no quorum, the meeting, if convened upon the requisition of the members, shall be dissolved. In any other case, it shall be adjourned to a later hour on the same day and at the same place, as may have been specified in the notice, calling the general body meeting of the Society or to a subsequent date, not earlier than 7 days and not later than 30 days and at such adjourned general body meeting, the business on the agenda of the original general body meeting shall be transacted, whether there Is quorum or not.



1) Upto 50 members (4+1) 5 Managing Committee Members (General+Woman)
2) 51 to 100 (6+1) 7
3) 101 to 300 (8+1) 9
4) 301 and above (9+2) 11

Say our society has 600+ members. So we have 9+2=11 MC Members.

During AGM, we had only 11 members to contest & hence they are elected unopposed.

No need of election.

[euphoria_82]

You could have done this & ask for Minutes of General Body Meeting in which the Managing Committee is formed.

I did (Infact my father did), but he was told its "Confidential Society Documents" :P

Is there any possibility that AGM was held & you were not present ?

Nope, my father was present in all AGMs, and the only paper he signed was on the "Attendance Sheet", no elections whatsoever took place.

1) When the Society is formed ?

2) How many members does it have ?

1) Society formed way back in late eighties, and functioning without an election ever since !

2) We have 40 Members in our soc.

During AGM, we had only 11 members to contest & hence they are elected unopposed.

But, why is the Managing Commitee selected in an AGM ? Shouldnt the proper Election Process (Secret Ballot/Calling of nominations/ giving time for filing/withdrawing nominations, notice of election etc) be followed first ?

[nitinprane]

Originally Posted by euphoria_82

I did (Infact my father did), but he was told its "Confidential Society Documents" :P

Refer Bye-Law No.23

"A member shall have right to inspect free of cost books, registers, documents etc. ......."

No document is confidential.


Nope, my father was present in all AGMs, and the only paper he signed was on the "Attendance Sheet", no elections whatsoever took place.





1) Society formed way back in late eighties, and functioning without an election ever since !

2) We have 40 Members in our soc.


It is old society & hence they have habit of it.

But Election Process should be followed.

You have done correctly by complaining against this to registrar.


But, why is the Managing Commitee selected in an AGM ? Shouldnt the proper Election Process (Secret Ballot/Calling of nominations/ giving time for filing/withdrawing nominations, notice of election etc) be followed first ?

Where I am residing now is a new society of 600+ members.

Sorry for miscommunication.

I said "During AGM, we had only 11 members to contest & hence they are elected unopposed."

Actually it was our 1st AGM held by Registrar appointed person.

He had called Nomination Forms from members.

But as Under Mutual Understanding only 11 members were there to contest & hence they were declared elected unopposed.

(Refer Bye-Law No.115 onwards & Annexure III for Constitution of Committee & Election Procedure)

One more query,

Since when your father is member of the society ?

[ha9820174108]

1. There is no provision in law to appoint or elect or select an MC, in any AGM / SGM or whatever, in whatever quantity of the quorom.

2. There is no such thing as "self elected" and "unopposed" MC, being elected in the AGM / SGM.

3. The Act specfies that the MC should be mandatorily "duly constituted". IF the MC is not duly consituted, THEN THE "MC" IS ILLEGAL AND UNAUTHORISED, within the parameters of MCS Act.

4. To be "DULY CONSTITUTED", a "returning officer" has to be appointed, who will prepare members lists, distribute nomination forms, validate them, hold voting and declare results. "ONLY & ONLY" the RO has the power to declare results, whether it be "declared elected unopposed" or "won by so many votes" or whatever.

5. If the above process is not held WHICH IS MANDATORY, the MC appointments will be considered as "null & void"

6. The registrar has no jurisdiction to appoint members for the MC, even if there is no nominations or quoroms etc... The registrar has to compulsorily appoint an Administrator till the cooperative movement can be streamlined, in case members do not come forward to form an MC.
At the most the registrar upon written representation from 3/4 members can appoint an "Admin Panel" from amongst the CHS members or outsiders in which the sweeper may also be included in the "Admin Panel". However this can be only for a short term and election call has to be given and fulfilled.

7. Even if all the CHS members have a "mutual understanding or adjustments", STILL the election procedure is to be executed to full-fill the legal conditions called as "DULY CONSTITUTIED" MC, else the matter can be taken to the coop court.

Keep Smiling .... Hemant Agarwal

[euphoria_82]

Originally Posted by ha9820174108

1. There is no provision in law to appoint or elect or select an MC, in any AGM / SGM or whatever, in whatever quantity of the quorom.

2. There is no such thing as "self elected" and "unopposed" MC, being elected in the AGM / SGM.

3. The Act specfies that the MC should be mandatorily "duly constituted". IF the MC is not duly consituted, THEN THE "MC" IS ILLEGAL AND UNAUTHORISED, within the parameters of MCS Act.

4. To be "DULY CONSTITUTED", a "returning officer" has to be appointed, who will prepare members lists, distribute nomination forms, validate them, hold voting and declare results. "ONLY & ONLY" the RO has the power to declare results, whether it be "declared elected unopposed" or "won by so many votes" or whatever.

5. If the above process is not held WHICH IS MANDATORY, the MC appointments will be considered as "null & void"

6. The registrar has no jurisdiction to appoint members for the MC, even if there is no nominations or quoroms etc... The registrar has to compulsorily appoint an Administrator till the cooperative movement can be streamlined, in case members do not come forward to form an MC.
At the most the registrar upon written representation from 3/4 members can appoint an "Admin Panel" from amongst the CHS members or outsiders in which the sweeper may also be included in the "Admin Panel". However this can be only for a short term and election call has to be given and fulfilled.

7. Even if all the CHS members have a "mutual understanding or adjustments", STILL the election procedure is to be executed to full-fill the legal conditions called as "DULY CONSTITUTIED" MC, else the matter can be taken to the coop court.

Keep Smiling .... Hemant Agarwal

Thanks a LOT sir, your reply did address some of my major concerns

[euphoria_82]

Since when your father is member of the society ?

My father is a member ever since we moved in this society over two years ago

[nitinprane]

Good Morning Hemantji,


To clarify myself :

I said,



"Where I am residing now is a new society of 600+ members.

Sorry for miscommunication.

I said "During AGM, we had only 11 members to contest & hence they are elected unopposed."

Actually it was our 1st AGM held by Registrar appointed person.

He had called Nomination Forms from members.

But as Under Mutual Understanding only 11 members were there to contest & hence they were declared elected unopposed.

(Refer Bye-Law No.115 onwards & Annexure III for Constitution of Committee & Election Procedure)"



It was the 1st AGM held by registrar.

He has called Nomination Forms from members.

Before AGM we had a meeting & decided who will represent.

Hence there were only 11 members & hence they got elected as Provisional Committee.

Provisional Committee remains for 1 year. Before completion of 1 year election is going to be conducted as per Annexure III in Bye-Laws (Election Procedure) & charge will be handed over to the Committee (& it will be for 5 years).

[euphoria_82]

Originally Posted by nitinprane

Good Morning Hemantji,


To clarify myself :

I said,



"Where I am residing now is a new society of 600+ members.

Sorry for miscommunication.

I said "During AGM, we had only 11 members to contest & hence they are elected unopposed."

Actually it was our 1st AGM held by Registrar appointed person.

He had called Nomination Forms from members.

But as Under Mutual Understanding only 11 members were there to contest & hence they were declared elected unopposed.

(Refer Bye-Law No.115 onwards & Annexure III for Constitution of Committee & Election Procedure)"



It was the 1st AGM held by registrar.

He has called Nomination Forms from members.

Before AGM we had a meeting & decided who will represent.

Hence there were only 11 members & hence they got elected as Provisional Committee.

Provisional Committee remains for 1 year. Before completion of 1 year election is going to be conducted as per Annexure III in Bye-Laws (Election Procedure) & charge will be handed over to the Committee (& it will be for 5 years).

That makes the committee an Ad-Hoc Committee with very limited powers, and a limited tenure of just a year.

In any case they will have to call in proper Election once their term expires.

But I am talking of a Society which has NEVER witnessed an Election in over 20 yrs of its existance !!

The Managing Committe Members are all self appointed/appointed thru any randon General Body meetings !!

[ha9820174108]

"euphoria_82" :


1. Your MC is functioning illegally without any legal jurisdiction under the Law. Such things can easily be challenged under the various legal forums, "PROVIDED", a registered member petitions the appropriate legal forum (dy.registrar, coop. court, HC).


2. Resolutions passed by this 20 year old MC, becomes "null & void", IF it can be proved that they were against the interest of the GB (members).


3. The GB is a "nobody" for the purpose of "A P P O I N T I N G" an MC.
No such jurisdiction available under the Law and EVEN the coop registrar has no jurisdiction to APPOINT an MC. If it were so, then there would be no reason to conduct ANY elections procedures whatsoever, and the Registrar or the GB or the MC would keep on appointing an MC of their own choice.


4. ELECTION & VOTING means MC of the choice of the members ONLY and not the choice of the Registrar or the GB or anybody else. GB does not mean members for the above purposes.


NITIN RANE'ji writes the following :
quote 01 :
"But as Under Mutual Understanding only 11 members were there to contest & hence they were declared elected unopposed."

quote 02:
"Before AGM we had a meeting & decided who will represent."
unquote's


5. IF I were to challenge the above, I would say / allege that the MC appointment was "RIGGED" with the conivence of the 11 members + the registrars representative. The registrar does not have jurisdiction to call for Nomination Forms OR "to declare unopposed results". A "returning officer" mandatorily has to be appointed to do the step-by-step procedures under the law.

The MC (PC) of Nitin'ji's CHS, is presently "illegal & unauthorised"


6. NITIN RANE'ji writes the following :
quote 01 :
It was the 1st AGM held by registrar.
unquote

AGAIN NOT ALLOWED:
The AGM is a "legal proceedure" which is to be held ONLY & ONLY by the members of the CHS.
The registrar has no jurisdiction to hold any AGM for any CHS.

AT THE MOST, the registrar may ask the members to conduct the AGM under his presence (as a supervisor alias president). The president has to be amongst the members themselves. The registrar cannot propose agendas or put up resolutions or second or write minutes for the CHS. The registrars presence purpose is only a matter of record, to oversee and to stop or restrict the AS USUAL NUISANCE OF FEW OF THE DICATATORIAL MEMBERS OR MC.


7. The provisional committee (PC) has a MAXIMUM term of one year AND not for a "FIXED" term of one year.
HOWEVER, they can be thrown out even after one week, by the registrar by appointment of an Administrator AND / OR by conducting elections procedures after one week, on logical representation from even one CHS member.


8. NO ELECTIONS + NO NOMINATIONS OR LESS NOMINATIONS = Appointment of Govt. Administrator.


9. ELECTIONS + EXACT NUMBER OF NOMINATIONS = ELECTED UNOPPOSED

Everything else is "legal nuisance" or "chalta hai"

ANYWAY, enjoy and answer the following:
"Galileo studied under small lamp
Graham bell undr candle
Shekspere studied in street lite
Mujhe pata nahi ye log din me kya karte the"

Keep Smiling .... Hemant Agarwal

[euphoria_82]

1. Your MC is functioning illegally without any legal jurisdiction under the Law. Such things can easily be challenged under the various legal forums, "PROVIDED", a registered member petitions the appropriate legal forum (dy.registrar, coop. court, HC).

Thanks for making it clearer.... I have already initiated the fight by getting the Registrar to schedule an Inspection, wont hesitate to petition even the higher bodies if required. I beleive there's no point in leaving a struggle mid-way

8. NO ELECTIONS + NO NOMINATIONS OR LESS NOMINATIONS = Appointment of Govt. Administrator.


9. ELECTIONS + EXACT NUMBER OF NOMINATIONS = ELECTED UNOPPOSED

Thats the SIMPLEST way of explaining it all Hemant ji. *APPRECIATE*

[nitinprane]

Originally Posted by ha9820174108

"euphoria_82" :


1. Your MC is functioning illegally without any legal jurisdiction under the Law. Such things can easily be challenged under the various legal forums, "PROVIDED", a registered member petitions the appropriate legal forum (dy.registrar, coop. court, HC).


2. Resolutions passed by this 20 year old MC, becomes "null & void", IF it can be proved that they were against the interest of the GB (members).


3. The GB is a "nobody" for the purpose of "A P P O I N T I N G" an MC.
No such jurisdiction available under the Law and EVEN the coop registrar has no jurisdiction to APPOINT an MC. If it were so, then there would be no reason to conduct ANY elections procedures whatsoever, and the Registrar or the GB or the MC would keep on appointing an MC of their own choice.


4. ELECTION & VOTING means MC of the choice of the members ONLY and not the choice of the Registrar or the GB or anybody else. GB does not mean members for the above purposes.


NITIN RANE'ji writes the following :
quote 01 :
"But as Under Mutual Understanding only 11 members were there to contest & hence they were declared elected unopposed."

quote 02:
"Before AGM we had a meeting & decided who will represent."
unquote's


5. IF I were to challenge the above, I would say / allege that the MC appointment was "RIGGED" with the conivence of the 11 members + the registrars representative. The registrar does not have jurisdiction to call for Nomination Forms OR "to declare unopposed results". A "returning officer" mandatorily has to be appointed to do the step-by-step procedures under the law.

The MC (PC) of Nitin'ji's CHS, is presently "illegal & unauthorised"


6. NITIN RANE'ji writes the following :
quote 01 :
It was the 1st AGM held by registrar.
unquote

AGAIN NOT ALLOWED:
The AGM is a "legal proceedure" which is to be held ONLY & ONLY by the members of the CHS.
The registrar has no jurisdiction to hold any AGM for any CHS.

Our builder registered the society by taking signatures of 11 persons (whichever he likes) & Our society was registered on 08/12/2008.

Members objected as they were kept in dark.
Even society registration was kept in dark.
When members got information

AGM was called by Developer on 08/03/2009 by a notice without signature of Chief Promoter.

As 1st AGM has to be called by Chief Promoter & not by Developer AND as Chief Promoter was not present on 08/03/2009 AND a person present calling himself as representative from Co-operative dept, could not prove his identity, could not show any letter from Registrar to that effect AGM was adjouned.

Members wrote a letter to Registrar for formation of Provisional Committee.

Registrar appointed one Advocate & under his Supervision AGM was held on 26/07/2009.
In absence of Chief Promoter Notice of the AGM was issued by this Advocate on 06/07/2009.
Agenda for this meeting was as per Bye-Law No.89.
President for the meeting was a member among us only.
Provisional Committee was formed as per Bye-Law No.89(iv).
YES, This PC is for 1 year max (i.e. 25/07/2010).
But the present PC has planned to go through Election procedure in the month of Mar (or Apr) 2010.
They have planned to get account audited & hand over it newly formed committee, alongwith other documents, sothat new committee will take office from year 2010-11 onwards (i.e. 1st April, 2010).

AT THE MOST, the registrar may ask the members to conduct the AGM under his presence (as a supervisor alias president). The president has to be amongst the members themselves. The registrar cannot propose agendas or put up resolutions or second or write minutes for the CHS. The registrars presence purpose is only a matter of record, to oversee and to stop or restrict the AS USUAL NUISANCE OF FEW OF THE DICATATORIAL MEMBERS OR MC.


7. The provisional committee (PC) has a MAXIMUM term of one year AND not for a "FIXED" term of one year.
HOWEVER, they can be thrown out even after one week, (We don't have complaints against the Provisional Committee. They are ready to go through election procedure even earlier.) by the registrar by appointment of an Administrator AND / OR by conducting elections procedures after one week, on logical representation from even one CHS member.


8. NO ELECTIONS + NO NOMINATIONS OR LESS NOMINATIONS = Appointment of Govt. Administrator.


9. ELECTIONS + EXACT NUMBER OF NOMINATIONS = ELECTED UNOPPOSED

Everything else is "legal nuisance" or "chalta hai"

ANYWAY, enjoy and answer the following:
"Galileo studied under small lamp
Graham bell undr candle
Shekspere studied in street lite
Mujhe pata nahi ye log din me kya karte the"

Keep Smiling .... Hemant Agarwal

I don't see anything illegal in this.
Hence I don't agree with
The MC (PC) of Nitin'ji's CHS, is presently "illegal & unauthorised"

[euphoria_82]

Here's a little update on this topic too...

As I told earlier, Dy.Reg had served an "Inspection Notice" to Managing Committee, and asked them to report to his office with all Society Documents.

When I saw that things were not moving, I once again went to the Dr.Registrar and asked him abt the findings of the "Inspection", to which he casually replied, that he did serve a notice to the managing commite, "but they failed to turn up, so he is unable to do anything."

I had to lecture him for a good 15 mins, and make him realize what nonsense he is talking ! He is the Dy. registrar...an AUTHORITY in himself...he is saying "what can he do" !! Clearly he was hand in glove with the Managing Commitee who had fed him well !

I told him, that he will have to give me the same answer which he gave me a few minutes ago "in writing" once I file an RTI application, he was taken aback ! Had almost nothing to say !

Within hours he drafted a second inspection notice, and included a warning saying " earlier you have refused to comply with the Inspection notice, if you dont comply this time, it will be viewed as a serious CONTEMPT and suitable action initiated".

The second notice has been served to the Managing Committee, lets see how things progress this time.

Thanks everyone who have guided me till here, please be with me, will require a LOT of support from each one of you.

Will surely follow this matter to its logical and reasonable conclusion.

[euphoria_82]

Originally Posted by euphoria_82

Here's a little update on this topic too...

As I told earlier, Dy.Reg had served an "Inspection Notice" to Managing Committee, and asked them to report to his office with all Society Documents.

When I saw that things were not moving, I once again went to the Dr.Registrar and asked him abt the findings of the "Inspection", to which he casually replied, that he did serve a notice to the managing commite, "but they failed to turn up, so he is unable to do anything."

I had to lecture him for a good 15 mins, and make him realize what nonsense he is talking ! He is the Dy. registrar...an AUTHORITY in himself...he is saying "what can he do" !! Clearly he was hand in glove with the Managing Commitee who had fed him well !

I told him, that he will have to give me the same answer which he gave me a few minutes ago "in writing" once I file an RTI application, he was taken aback ! Had almost nothing to say !

Within hours he drafted a second inspection notice, and included a warning saying " earlier you have refused to comply with the Inspection notice, if you dont comply this time, it will be viewed as a serious CONTEMPT and suitable action initiated".

The second notice has been served to the Managing Committee, lets see how things progress this time.

Thanks everyone who have guided me till here, please be with me, will require a LOT of support from each one of you.

Will surely follow this matter to its logical and reasonable conclusion.

The LATEST Update on this matter, again complete silence from both sides (MC as well as Registrar), I went up to the Registrar and asked him what was the result of the second Inspection notice he had served to our MC...the shameless fellow that this registrar is, he again said "Kya kare...woh log abhi bhi inspection ke liye koi documents nahi lekar aaye",

Again I had to make him realise what nonsense he is talking, he then drafted a THIRD Inspection notice in front of me, and sent the same thru Registered AD, and gave me a copy of the same.

When I asked how many chance will he give this way to the MC, he said as per procedure THREE Inspection Notices need to be served before a Show Cause notice is issued to the MC. I don't know how much he is correct in saying this.

Now that it is becoming clear that the existing Managing Commitee has no documents whatsoever to support their claim as an Elected Managing Committee, and have been ruling the society for nearly 5 yrs without any Election process, misappropriating funds..How do I ensure that my hardwork bears fruit ? I want this self-appointed Managing Commitee to be DISMISSED, DISSOLVED & DISQUALIFIED from contesting any further elections.

Here is the scanned copy of the THIRD Inspection Notice.

*The details pertaining to the Society & the registrar in question have been deleted by me, so as not to create any unnecessary complications and protect the privacy of those involved.

[msri123]

Hi euphoria_82,

Is there any further progress with the Dy. Registrar?

Have you been able to get any results yet?