Behaving like an unregistered CHS!

Sachin Gujar

I got your email address from your website and wanted your opinion on a matter related to my flat in Kamothe Raigad, Navi Mumbai (Maharashtra).

I Would like to ask you that our society AGM held on 23rd Nov 2014 in that AGM , we did election for new panel of committee , as per the all member of the society we elected new person as chairman/ Secretary/ Treasure.

Further the new secretary is raising the issue that in society AGM registrar is must be attend the meeting for formation of the new committee , hence new panel is not ready to take handover for the administrator work.

I would like to ask you that when society AGM chooses a new panel , is it necessary to have the presence of registrar during the process?

I C Naik

Your Society is conducting itself like an unregistered CHS. A registered CHS should have held AGM before 30-09-2014.Registered society’s office bearers could be disqualified to hold elected post in any co-operative society for next 5 years for failing to convene AGM in time [section 75(5)

Responsibility for organising Election to committees of cooperative societies is vested in cooperative societies election commissioner  since 15 2 2013. Any election held thereafter as per earlier system is not legal and is not having any effect. Societies have to inform CSEC 6 months before the expiry of the term and wait to hear from CSEC office. Even after the Committee term has expired and no elections are held the Comiittee has to carry on as a regular committee.

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