Query of Munaf Barmare

Several Complaints filed before Dy Registrar G/N ward  / District DY Registrar City 1 Mumbai / Divisional Joint Registrar Mumbai / Commissioner of Pune office / Kokan Bhaven New Mumbai office and apparently said Registrar illegal way holding and sitting on my several complaint matter and not  prepared  ACTION REPORTS  /  not
recorded THE PROCEEDINGS / EVIDENCE / not prepared CONCLUSION OF INQUIRY REPORTS and not updated / not communicated Final decision / final order to the complainant on the base of Grievances & complaints
even when REMINDER written complaints and evidences are submitted to them / above SAID OFFICIALS.
against illegal act on the part of committee members

Regarding

1)     “TENURE” of the M. C. M was over / completed since August, 2015.  but

2)      still illegally holding the post of M.C of society without holding Election

3)      illegally managing the affairs / activities of the society /

4)      illegally spending huge fund of Society illegally taking various major decisions therein itself is illegal and invalid  in the eye of law and not permissible under the provisions of law and the same is in violation and hence, attract disqualification and action by the Registrar as provided under provisions of section  of the MCS Act
Rule.

5)     failure to call AGM before 14th August, 2015 in pursuance to the PROVISIONS of Section 75 of the MCS Act, and the same is in violation and hence, attract disqualification and action by the Registrar as provided under section 75(5) of the Act.

6)     Failure to prepare of the annual audit accounts / Audit Rectification reports, within the prescribed period, for the year ending 31st March, 2015 in the FORM ‘N’ / and Form ‘O’ Rectification reports / /  Form ‘I’ – Register of members  / Form M-2 / Form M-l  / Form M-17  / various fund Investment details schedule information and
also failure to forward them to the Registrar Authorities concerned according to the provisions of law in pursuance to the PROVISIONS of Section 81/ 82 of the MCS Act, and the same is in violation

7)     SOCIETY`S Auditor NAMED Mr. Rechared Moraes FOR R.A.Moraes & Associates charter accountant M.No.37189 has appointed for 7 consecutive years 2008 – 2009- 2010 – 2011 – 2012 – 2013 – 2014 and
the same is in violation of the amended Section 75 of Act. on this ground, present Managing Committee  is entitled for removal from the post of managing committee with immediate effect.

8)     society`s m. committee has opened fake saving bank a/c No .007200100027466 with Saraswat Co Op Bank  Mahim branch Mumbai-400016 without permission of Registrar CS G/N ward office

9)     failed to make necessary arrangements for holding election for the constitution of the first committee, before the expiry of its term as specified in sub-section (1A) of section 73,

10)  Failure to Inform the State Co-operative Election Authority about the expiry of its term of office at least six months before the date of expiry of such term;

11)  committee has not intimated to the State Election Authority for holding of its election before expiry of its term. On failure, the committee members shall cease to hold office after expiry of its term and hence, attract action by the Registrar under section 77 A.

12)  SOCIETY`S Auditor NAMED Mr. Rechared Moraes / committee have not given / drawn up  a true and fair, proper views of the affairs / management / administration / activities / working of the society / Formation of the Audit Report prepare properly in three Part `A` / `B` / `C`  along with society`s affairs / activities matters may be
included as such full details of schedule information / society’s funds under various heads / Investments of funds / Financial embezzlement / Misappropriation / misapplication / / misutilisation / manipulation in account / Improper appropriation of fund / Effects of the transactions to be caused on society due to policy decision.  /
Improper Investments. / Serious irregularities, breaches in administration of the society, serious breaches of Act, rules of MCS and byelaws

13)  as per section 70 of MCS Act committee of Society has not invested of  various fund for the year 2000 to 2015 in pursuance to the PROVISIONS of Section of the MCS Act, and the same is in violation

Whenever I visit to these officials of C S office they told me they will take action against present committee as per Section 75 (5) / 73- AAA. (3) / 73CB (14). (a) / 77-A / 81 / 82 / 89-A . MCS, Act,

Therefore, This kind of  behavior reflects the false pride and some mischief has been played and the rules of natural juice has been violated

I C Naik

You can write to the Minister of Cooperation with a copy to the Secretary listing your grievances and date of the first complaint. Make a brief presentation only one page if possible. Attach copies of your correspondence to the Secretary’s copy.

If after two months Minister does not take steps file a writ of mandamus through a lawyer in high court. Under this Section High Court can direct the Statutory Authrities to take action on private complaints.

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