Society Act Under The Mcs Act

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 dilydally, 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.

1. PLEASE do not talk and discuss with anybody in any of the Dy.Registrar office. Whatever you do, YOU MUST DO IT " ONLY " IN WRITING. The Govt.Dept.'s work like an Donkey. You have to keep on prodding & kicking INTERMITTENTLY, to get your work done. (There is no answer to this) 2. Please put up a petition u/s 83 of the MCS Act, asking the dy.registrar for FRESH inspection of the following: a) Last Election process, notices, nomination papers and election results. b) Ask for copies of the Indemnity Bond, as mandatorily required to be filled in u/s 73. c) All & Different Registers, as required under the Act. 3. File ANOTHER petition u/s 75(5) of the MCS Act, for violation of the Act, for conducting a delayed AGM and also put up a prayer for "disqualifying of Mg.Committee members" for a period of 3 years, as provided under the section. (AGM cannot be held by the mg.committee after 14th November) 4. File ANOTHER petition (NOT COMPLAINT) to the ACB (lower parel office) to keep the "L-ward" staff "under surveillance" for possible violation of the "Prevention of Corrupution Act". 5. File a case with the "District Consumer Forum, Bandra east" under the Consumer Protection Act, for violation of the CPA Act, by the office bearers of the Society. 6. Several other options available ... ALSO : - Approaching the LOK ADALAT, for Flat Transfer is a good strategy. It will work. - The Govt. officer is within its jurisdiction to give as much time (but reasonable) to the society office bearers, for inspection. - Keep repeatedly Following up with RTI applications, asking for relevant information and progress report by framing criss-crossing information questions (even if it gets dismissed) YOU may contact me (if this forum rules allow) and detailed study and one-toone discussions. Co-operative housing societies come under the control of the Registrar of co-operative societies. Since in Maharashtra, the managing committees of societies are not covered under RTI act-20005, you may submit the application to PIO , Deputy Registrar of your ward. If he does not have the information with him, he will procure from the managing committee and provide you. In case, if he does not reply you can lodge first appeal

wiith the district deputy registrar of your ward. He will call for hearing and most probably satisfy both the parties.Hope, you are in Maharashtra State.