I am from Dahisar, Mumbai.
Our election was on 03/01/2016.New committee was formed on 15/01/2016 in the presence of Dy. Registrar.
In the new committee, Hons. Secretary is same of old committee. But Chairman and treasurer are new member.
Now old committee is not handing over the charge saying that secretary is same. When we are saying that chairman and treasurer are not same, old committee must give charge.
Under the circumstances, what action we should take to take over the charge?
Oblige you for your early response.
I C Naik
Handing over of charge by outgoing Committee of a COOPERATIVE SOCIETY is governed by provisions of Section 160 of MCS Act and concerned bye laws. Section 160 is quoted here-under:
(1) On the election of a new committee and its Chairman, the retiring Chairman, in whose place the new Chairman is elected, shall hand over charge of the office of the committee and all papers and property, if any of the society in possession of the committee or any officer thereof, to the new Chairman of the committee.
(2) If the retiring Chairman fails or refuses to hand over charge, or to hand over the papers and property of the society as aforesaid, the Registrar, or any person empowered by him in this behalf, may by order in writing direct him to forthwith hand over such charge and property.
(3) If the retiring Chairman to whom a direction has been issued as aforesaid does not comply with such direction, he shall on conviction be punished with simple imprisonment which may extend to one month or with fine which may extend to five thousand rupees or with both; and the Registrar may, on the retiring Chairman’s failure to comply with such direction, take order for seizing the records and property and handing it over to the new Chairman, in the manner provided in section 80.