Question Rti In Maharashtra for housing society

[chintan1990]

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hiiiii i m from mumbai n i want 2 know that if society committee members r not arranging any meeting n no account audit is done for past 2 yrs as a society member what right we get to suit them. how we can use that right. Committee members r not cooperating n not giving proper answer of question what we can do can we ask i writing what to do for giving application in writing N pls tell me about any NGO or organization support this activity.

[ha9820174108]

"chintan1990" :
1. UNDER the MCS Act, a duly elected Mg.Committee, (of a registered society) is mandatorily liable to hold AGM on or before 14 August of every year AND present the Annual Returns (Accounts & Reports) for the year ending 31 March, for each year.
The 14 August, deadline can be extended by an special application by the Mg.Committee to the Deputy Registrar of the Ward area and extension is permissible maximum upto 14 November. After 14 November, a further application for extension can be made to the State Dept of Coop. (Mantralay) (which is very rare).

2. After 14 November, the mandatory AGM, cannot be held by the Mg.Committee. BUT the AGM can be held by an special order of Deputy Registrar, under his own representatives supervison and things can be normalised.

3. After 14 November, for failure to hold AGM, the Mg.Committee members have to be compulsorily "DISMISSED AND DISQUALIFIED" for a period of three years, that is u/s 75, by the Deputy Registrar, followed by appointment of an "Govt. appointed Administrator", till next new elections of the society are held. There are few other simple lengthy procedures involved, which has to be complied.

4. Any "registered" member can file an petition to the Deputy Registrar u/s 75 and pray to him to do the needful u/s 75, as described in point no. 3, above.

5. If the Mg.Committee has FAILED to present Account statements and Annual Reports to its members, before 14th August, an petition u/s 81 should be made to the "DISTRICT Registrar", to have the society accounts seized and have it audited by a on-duty Govt.Auditor of the Coop. Dept.

6. A non-member (outsider), can draw the attention of this "illegality under the MCS Act" and petition the Deputy Registrar to take action on "Suo-Motto" basis u/s 75, using his own discretion and the deputy registrar is bound by law to take action.

7. If the deputy registrar fails to take action, the div.Joint Registrar may be petitioned to take "disciplinary action" against the deputy registrar, under the state service rules and the deputy registrar can be suspended and dismissed for "Dereliction of duty".

8. The Mg.Committee is mandatorily BOUND BY LAW, to reply and redress each and every greivances of its registered members and if they refuse or dily-dally, then they can be prosecuted under the MCS Act and the Consumer Protection Act.

9. All problems and grievances, by the registered members, SHOULD BE MADE "ONLY AND ONLY" IN WRITING, to the Mg.Committee and the Deputy Registrar, since all proceedings to them, are termed as "Legal Proceedings".

10. DO NOT TALK ORALLY, to the Mg.Committee and to the Deputy Registrar.

You may Contact me for further discussions & guidance.

Keep Smiling ... HemantAgarwal