Servant Good
My housing society has called AGM by giving notice of only seven days .Can I take action?
My society has not gone on line with mahasakhar.maharashtra.gov.in .To whom I can complain beside Dy REG ,I being senior would like to complain by email. Can you provide officer email with jurisdiction of Thakur complex Kandivali east Mumbai housing society?
I C Naik
Cooperative Department in Maharashtra has not digitalized its functioning, so e-mail is not possible. But the address of the District Registrar are as under:
DISTRICT DEPUTY REGISTRAR (IV)
2nd Floor, C Wing, Municipal Godown Bldg.,
Near St.Lawrence School, 90 Feet Road,
Sanskriti Complex,
Kandivali (E), Mumbai – 4000101
You can take a written complaint and file personally and can try meeting the DDR also. Your complaint is genuine.
first d y registrar is to be contacted
only in case of annual general body meeting 14 days clear notice is to be given. in case of special gen body meeting its 5 clear days
I agree with views stated by Mr. Pankaj Shah.In this connection any member can approach the Dy.Registrar,his office is situated at Kandivali East.for redressal. For Annual General Meeting, 14 day’s clear notice must be given by the society.As far as Spl.Gen Body meeting is concerned 5 day’clear notice shall be given.In case of an emergency, the special General Meeting may be called even at a shorter notice,if the committee, unanimounsly decided to call a spl.gen.body meeting at a shorter notice.This provision is mentioned in Model Bye Laws 2009..(100).
The Committee has convened AGM in breach of bye Law providing for 14 days’ Notice. Proceedings at Such a meeting are not binding on members. This means a meeting has to be held a fresh.
As provided under Proviso to Section 75(1) the Dy Registrar may be requested to convene AGM even now though it is after the expiry of 6 months fixed under that Sub-Section.
Member(s) can file a complaint for action by D R as provided under Sub-Section 5 reproduced below.
(5) If default is made, in calling a “general body meeting within the period” ‘prescribed under sub-section (1)’ or in complying with with sub-section (2), (2A) (3) or (4) the Registrar may by order declare any officer or member of the committee whose duty it was to call such a meeting or comply with with sub-section (2), (2A) (3) or (4) and who without any reasonable excuse failed to comply with any of the aforesaid sub-sections disqualified for being elected and for being any officer or member of the committee for such period not exceeding five years, as he may specify in such an order and, if the officer is a servant of the society, impose a penalty on him to 7 [pay] an amount not exceeding fivethousand rupees. Before making an order under this sub-section, the Registrarshall give, or cause to be given, a reasonable opportunity to the person concerned of showing cause against the action proposed to be taken in regard to him.