I seek your help regarding:
- I am searching for an official version of the Powers of an Authorized Government Officer appointed to manage a Housing Society.
- Kindly, also help in finding Rights of the Members of such a Society.
- Is the Outgoing Managing Committee vested with any Responsibilities?
I C Naik
- Authorized Person is a new title coined by defining it in Section 2 as under:
“Section2 (2-A)“authorized person” means any person duly authorized by the Registrar to take action under the provisions of this Act;”;
This title was introduced by the Maharashtra Cooperative Societies (Amendment) Act 2013 [w.e.f. 14 2 2013] post 97CAA as Article 243ZL(1)&(2) prohibits appointment of an ADMINISTRATOR to manage unaided cooperative society (housing societies mostly). Where the Registrar wants to appoint ADMINISTRATOR he will now appoint a person (could be a society member also) and authorize him to do anything in that society which he could do it under law.
- Such members and the funds of such society are at the mercy of this sole soul.
As long as this creature is in a saddle, no Management Committee exists. It is in suspended animation. This man is supposed to get the State cooperative Election Authority conduct elections of a Management Committee of the strength as per Bye-Laws but he will go by 204 Model (whether the society has adopted or not) for determining the strength. He should finish his tasks before expiry of six months from the date of his taking charge. He may extend at will his tenure. There is no remedy provided for such extension. The right of the outgoing committee is to wait for election date to be announced by the Authorized Person.