Query of Chandrashekhar Dudharkar

We had 1st General meeting last year(2015)  with promoters and formed provisional committee. Now this year 2016 we are completing one year. We have adopted by law 2014 in GM.

Now we have conducted 1st AGM yesterday 28th August 2016, Being secretary I proposed to form new Committee for 5 years. But due to long tenure and members elected in AGM do not willing to work for so long time, Majority suggested to make it for one year for this newly elected commitee and new members also agreed.

My query is –

1) Can we write in AGM minutes that elected committee is for one year.

2) After one year can we take election

3) Is it mandatory to call District Deputy registrar to election next year

4) Is it mandatory to submit copy of AGM minutes to District Deputy Registrar

I C Naik

Dudharkar/Kalyan had contacted a year ago, when his housing society was in the process of taking over management from the Builder. Perhaps he is the second person who started thinking ahead of the builder hand-over. The first one was this writer in the year 1997 who contacted builder asking for hand-over details to prepare for a good take over. Like this writer Dudharkar/Kalyan is the founder Secretary of his housing society.  He took advice on many matters during last one year from me via www.indiancooperative.com (very thought full to give benefits to others).  This society is perhaps the first victim of deficiencies of Model bye-laws 2014 (Refresh memory by surfing this site to see 1-8 Parts on flaws in this Model). Dudharkar/Kalyan is sincerely advised to go through following posts and harmonise his society’s registered bye laws as advised:

https://www.indiancooperative.com/cooperative-coffee-shop/adopt-2014-model-to-manage-maha-chs-better/

https://www.indiancooperative.com/?s=adopt+and+amend

As I revert to his latest question on constituting regular committee  (29-08-2016) it brings me a huge disappointment. The reason is having managed the affairs of the Society as an Hon. Secretary of the Provisional Committee which completed a year on 28 8 2016 the basics of housing society management  as understood by him/ his Committee,  is a serious threat to the legal compliance. Sad!!!

Legalities of newly born housing society in infancy:

1. U/S 73(1A) the first  management committee [Provisional Committee] of a Cooperative Society, all office bearers and members aually tomaticquit upon completion of one year.
2. Clause © of this sub-section (1A) mandates this provisional committee to “make necessary arrangements for holding election of the committee, before the expiry of its term.”
3. Section 73CB [Post the Constitution (97th Amendment ) Act 2011] inserted in the MCS Act 1960, in sub-section  (1) provides” The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to a society shall vest in the authority called as the State Co-operative Election Authority’, as may be constituted by the State Government in that behalf. Every general election of the members of the committee and election of the office-bearers of a society including any casual vacancy, to the extent applicable, shall be held as per the procedure prescribed.
4. In August 2014 State Govt. published  Maharashtra Co-operative Societies (Election to Committee) Rules, 2014 laying dh is applicable to all Cooperative Societies.
5. As regards tenure of the management board/Committee Sub-section 3 of Section 73AAA of the MCS Act 1960 provides “The term of office of elected members of the board and its office bearers shall be five years from the date of election and the term of office bearers shall be coterminous with the term of the board”
6. Section 73CB(14) as under:

The committee of every co-operative society shall, –

(a)    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;

(b)inform any casual vacancy occurred in the committee or its office bearers, within fifteen days of the occurrence of such vacancy;

(c)furnish such books, records and information as the State Co-operative Election Authority may require as per the calendar specified by the State Co-operative Election Authority;

(d)provide all necessary help, assistance and co-operation for the smooth preparation of electoral rolls for the conduct of elections.

7.    Section 73I reinforces the obligation of the outgoing committee in these words:

“73I.   (1) As provided under sub-section (14) of section 73CB, it shall be the duty of the committee to intimate to the State Co-operative Election Authority, for holding of its election, before expiry of its term.

(2) Where there is a willful failure on the part of the committee or authorized Administrators to intimate to the State Co-operative Election Authority as required under sub-section (1) for holding of its election, and for any reason whatsoever, election of the members of the committee could not be held before the expiry of its term then the members thereof shall cease to hold their office and in such a situation the Registrar shall take action as contemplated under section 77A.

8. Relevant Part of Section 77A is extracted below:

77A. APPOINTMENT OF MEMBER OF COMMITTEE, NEW COMMITTEE OR , WHERE THERE IS FAILURE TO ELECT MEMBER TO CONSTITUTE COMMITTEE OR WHERE COMMITTEE DOES NOT ENTER UPON OFFICE.

(1) Where the Registrar is satisfied that,—

(1-a) a provisional committee has 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;

the Registrar may, either suo-motu or on the application of any officer or member of the society  by order appoint—

(i) any member or members of the society to be the member or members of the committee to fill the vacancies;

(ii) a committee, consisting of not more than three members of the society, or  one or more authorized officers”, who need not be the members of the society, to manage the affairs of the society till a new committee enters upon office:

(2) The committee or authorized officer so appointed shall, subject to the control of the Registrar and to such instructions as he may, from time to time give, have power to discharge all or any of the functions of the committee or of any officer of the society, and take all such action as may be required to be taken in the interests of the society.

(3) The Committee or authorized officer so appointed shall hold office for a period of six months from the date of assuming the management of the society and shall -make necessary arrangements for constituting a new committee within the said period and for enabling the new committee including any new committee referred to in clause (f ) of sub-section (1), which is determined by the Court to have been legally elected, to enter upon office;]

“Provided that, in no circumstances the term of office of the committee or authorized officer shall exceed six months from the date of their holding office.”;

9. Answers:
10. No Cooperative Society decide in AGM that elected committee is for less than 5 years.
11. After one year can we take election-Cooperative Society can not conduct elections. It is now to be done by State Cooperative Election Authority
12. Is it mandatory to call District Deputy registrar to election next year. It was mandatory to inform the Deputy Registrar 6 months before 28 8 2016 that Committee term will end after six months.
13. Is it mandatory to submit copy of AGM minutes to District Deputy Registrar  – No now there is a return to be filed in electronic form. So register your society on cooperative portal. Contact your Ward’s Deputy Registrar .