Housing Society Its Administrator

Housing Society Its Administrator

• Category: Administration
• Date 12-05-2025

Housing Society Its Administrator

Appointment of an Administrator in a housing society (especially under the Maharashtra Co-operative Societies Act, 1960) is a serious step taken to ensure smooth functioning when the elected managing committee fails. Below is a detailed guide addressing your questions:

Circumstances in Which an Administrator Is Appointed

An administrator is appointed by the Registrar / Deputy Registrar under Section 77A or 78 of the Maharashtra Co-operative Societies Act, generally when:

1. No managing committee is elected within the prescribed time.

2. The elected committee is disqualified, suspended, resigned, or removed.

3. Internal disputes or non-functioning due to lack of quorum.

4. Gross mismanagement, fraud, or corruption by the committee.

5. Committee fails to call general body meetings or submit statutory returns.

6. Election process is stalled or not conducted properly.

7. By request of majority members (in exceptional cases).

Precautions to Be Taken by the Managing Committee

1. Ensure regular elections before the expiry of the term.

2. Maintain transparency in all transactions and records.

3. Conduct timely AGMs, SGMs, audits, and statutory compliance.

4. Resolve disputes amicably and maintain unity.

5. Avoid any action that leads to suspension or dissolution.

Precautions to Be Taken by Members of the Society

1. Actively participate in AGMs, elections, and decision-making.

2. Monitor the performance of the managing committee.

3. Raise issues via proper channels, not via chaos or internal factions.

4. Avoid unnecessary complaints that can escalate to the registrar.

5. Ensure proper quorum and records in meetings.

How to Remove an Administrator

1. Request for elections: Members can apply to the registrar to conduct fresh elections.

2. File a representation to the registrar if the administrator is inefficient or misusing powers.

3. Legal remedy: File a complaint before the Co-operative Court or Co-operative Registrar Office.

4. Once elections are held, the administrator automatically vacates.

Control Over the Administrator

1. Registrar / Deputy Registrar supervises the administrator’s work.

2. Members can demand transparency, accounts, and action reports.

3. Raise formal objections/complaints to the registrar for malpractices.

4. RTI can be filed with the registrar for seeking information on administrator’s action.

Who Can Appoint an Administrator

• Registrar / Deputy Registrar of Co-operative Societies.

• Only under circumstances mentioned under Section 77A or 78 of the MCS Act.

Duties and Liabilities of the Administrator

1. Run day-to-day affairs of the society efficiently.

2. Prepare and submit accounts, hold AGMs, audits, and file returns.

3. Call elections and form a new managing committee.

4. Act within the powers delegated by the registrar.

5. Maintain transparency and act in the interest of the members.

6. Liable for mismanagement or failure to perform assigned duties.

Good Things About Appointment of an Administrator

1. Immediate solution when the society is in chaos or deadlock.

2. Neutral party with no internal bias.

3. Helps restore legal and financial order.

4. Can initiate long-pending decisions without internal politics.

5. Facilitates fresh elections and handover.

Bad Things About Appointment of an Administrator

1. Loss of democratic control by members.

2. May lead to increased maintenance or charges.

3. Risk of corruption, mismanagement, or inaction.

4. Administrator may not understand internal dynamics of the society.

5. May delay elections intentionally to continue in power.

If Administrator Fails to Solve Society Problems

1. File a complaint with the Registrar along with documentary proof.

2. Demand a review of his performance and request his removal.

3. Approach the Co-operative Court or Consumer Forum if necessary.

4. Request appointment of a new administrator or conducting elections.

Tenure of an Administrator

• Typically 6 months, extendable in stages.

• Maximum tenure cannot exceed 1 year, unless elections are legally stalled.

• Registrar can give an extension, only for valid and recorded reasons.

Extensions to Administrator

• Must be justified and recorded by the Registrar.

• Members must be informed of such extensions.

• Should not be used to delay elections unnecessarily.

Do’s and Don’ts for Members When Administrator Is Appointed

Do’s:

• Cooperate for smooth operations.

• Keep record of complaints or suggestions made.

• Regularly check notices and participate in meetings.

• Insist on transparency and periodic reports.

Don’ts:

• Avoid non-cooperation or creating hurdles.

• Do not blindly trust – always seek documentation.

• Don’t pay bribes or deal in cash for services.

Do’s and Don’ts for the Administrator

Do’s:

• Conduct society affairs diligently.

• Call pending AGMs and elections.

• Maintain financial and administrative transparency.

• Act in the best interest of members and the law.

Don’ts:

• Do not misuse powers or act arbitrarily.

• Avoid favoritism or personal gain.

• Cannot amend by-laws or make structural changes without approval.

• Should not delay elections without valid reason.

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When Appointment of an Administrator Is GOOD

1. Breakdown of Democratic Functioning

When the elected managing committee fails to function due to internal disputes, mass resignations, or expired tenure without elections, society affairs come to a halt. An administrator acts as a neutral caretaker.

Example: Two factions in a society prevent meetings from being held. Bills and repairs are pending. An administrator is appointed to bring order.

2. Serious Mismanagement or Corruption

If the committee is involved in financial irregularities, fraud, or misappropriation, the registrar may dissolve the committee and appoint an administrator to investigate and restore order.

Example: The committee awarded tenders without following rules. Complaints were made and verified by an audit. An administrator is appointed to take over.

3. Stalled Elections or Legal Disputes

Sometimes, elections cannot be held due to court cases, stay orders, or lack of quorum. In such situations, society cannot remain without governance, so the administrator is appointed to fill the legal vacuum.

4. Revival of Inactive or Dead Societies

For societies that are dormant (not holding AGMs, not filing returns, etc.), the administrator works to revive the society, complete compliance, and pave the way for elections.

5. Bringing Unbiased Governance

An administrator is often from outside the society, hence not involved in internal politics. This neutrality can help complete long-pending work like audits, conveyance, redevelopment, etc.

When Appointment of an Administrator Is BAD

1. Loss of Democratic Rights

Members lose their right to self-govern through an elected managing committee. This can create dissatisfaction and a feeling of powerlessness among residents.

Example: Members feel disconnected from decision-making when an outsider runs the society.

2. Possible Abuse of Power

Some administrators misuse their position for personal gain, delay elections intentionally, or demand bribes for services. Oversight is often weak unless members remain alert.

Example: An administrator demands cash payments for basic NOCs and refuses to show accounts.

3. Lack of Accountability

Administrators are appointed by the Registrar, not elected by society members. Members have limited control or ability to question decisions, especially in financial matters.

4. Delays in Elections

Administrators are meant to be temporary, but many continue for years by citing unresolved issues. This delays democratic functioning unnecessarily.

Example: Elections are postponed repeatedly citing audit delays or legal issues, even if solvable.

5. Lack of Society-Specific Knowledge

An external administrator may not understand the unique needs, culture, or issues of the specific society. This can lead to poor decisions or mismanagement.

Balanced Perspective: Is It Good or Bad Overall?

Appointment of an administrator is not inherently good or bad — it is a tool that can restore order when society governance fails. However, it must be:

• Used only when necessary, not as a shortcut.

• Monitored by members and the Registrar.

• Term-limited and focused on restoring democratic governance.

In the long term, self-governance by an elected, responsible managing committee is always preferable. An administrator should be a temporary remedy, not a permanent replacement.

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If the Deputy Registrar has appointed C-Class auditors as administrators, and they lack knowledge of the society's affairs, it raises serious concerns about their effectiveness and the legality or appropriateness of such an appointment.

Issues with Appointing a C-Class Auditor as Administrator

1. Lack of Qualification & Experience

C-Class auditors are usually authorized only for auditing small or simple societies. They may not have:

• Administrative experience

• Knowledge of housing society laws

• Skills to manage complex society affairs, disputes, or redevelopment

  Risk: Mismanagement, poor decision-making, delays, and loss of member trust.

2. Not Fit for Administrator Role

An administrator’s role is not just to audit, but to run daily affairs, maintain order, ensure compliance, and conduct elections. If the person lacks society management knowledge, they will likely fail.

3. Violation of the Principle of Competence

The Deputy Registrar has a duty to appoint a fit and proper person. If the appointed person lacks competence, it may amount to administrative negligence.

Under Section 77A/78 of the Maharashtra Co-operative Societies Act, the administrator should be capable of discharging all statutory responsibilities.

1. File a Written Representation

Submit a formal letter to the Deputy Registrar, signed by multiple members, highlighting:

• The lack of experience/knowledge of the appointed administrator

• Delays or mishandling of issues

• Request for replacement with a more qualified person

2. Ask for Periodic Reporting

Demand that the administrator:

• Holds meetings with members

• Shares action taken reports

• Shows transparency in accounts and decisions

3. File an RTI (Right to Information)

File an RTI to the Registrar’s Office asking:

• On what basis the C-class auditor was appointed

• What credentials were considered

• What actions have been taken by the administrator so far

4. Approach Co-operative Court

If the administrator is causing damage or delaying elections, you can file a case in Co-operative Court seeking his removal and proper elections.

Sample Points for a Representation Letter

• We the undersigned members of [Society Name] express our concern regarding the appointment of [Name], a C-Class Auditor, as Administrator.

• The appointed individual lacks administrative skills, legal knowledge of MCS Act, and understanding of our society’s issues.

• No significant progress has been made since appointment.

• We request the Deputy Registrar to kindly:

  • Review the appointment

  • Replace the administrator with a competent officer

  • Set a clear timeline for holding elections and handing back to elected management

Final Advice

• Be united as members.

• Keep communication documented (letters, emails, minutes).

• Follow the legal route through Registrar and Co-operative Court if needed.

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  To,
  The Deputy Registrar,
  Co-operative Societies,
  [Your Ward/Region Office Name],
  [Office Address]

  Subject: Complaint against the Administrator appointed in [Name of Society] for negligence, misconduct, and failure to discharge duties.

  Respected Sir/Madam,

  We, the undersigned members of [Name of Society], [Society Registration Number], situated at [Society Address], are constrained to bring to your kind attention our serious grievances against the Administrator appointed to our society by your office vide order dated [Appointment Date].

  Despite being entrusted with the responsibility of managing the affairs of the society in accordance with the provisions of the Maharashtra Co-operative Societies Act, 1960 and relevant rules, the said Administrator has failed to fulfill his basic obligations. The details of his negligent and unauthorized conduct are as follows:

  1. Negligence in Duty: The Administrator has not been visiting the society regularly and has failed to be available for members at reasonable times.

  2. Lack of Transparency: Monthly income and expenditure statements are not being displayed or shared with members, which is mandatory under the rules for maintaining transparency.

  3. No Charge Taken from Previous Committee: The Administrator has failed to formally take over charge from the ex-Managing Committee, causing administrative confusion and loss of continuity.

  4. Lack of Knowledge and Capability: It is evident that the Administrator lacks sufficient knowledge and expertise in co-operative society laws, rules, and day-to-day administration.

  5. Unauthorized Appointments: He has appointed a salaried person for managing society work without proper resolution or approval, and most work is being handled remotely, contrary to the expectations of physical presence.

  6. Illegal Monetary Demands: There are serious allegations of the Administrator demanding unauthorized payments for issuing NOCs, which is highly objectionable and illegal.

  7. Policy Decisions Without Authority: He has taken policy decisions unilaterally without consulting members or obtaining the Registrar’s approval, which is beyond his scope as an Administrator.

  8. Non-Display of Monthly Reports: The Administrator has failed to display or communicate the monthly report he is supposed to submit to your office, denying members access to information.

  9. Failure to Conduct Elections: The Administrator has not taken steps to initiate and complete the managing committee elections within the prescribed tenure, thereby violating the Election Rules.

  10. No Action Against Defaulters: Despite being empowered, he has failed to initiate recovery or legal action against chronic defaulters, affecting the financial health of the society.

  11. Statutory Non-Compliance: The Administrator has not completed the statutory books, registers, or account statements, which are essential for legal and financial compliance.

  12. Accounts Not Finalized: The annual accounts have not been finalized within the due time as per audit and society norms.

  13. AGM Not Held: The Annual General Meeting has not been called or held within the stipulated time, violating statutory provisions.

  14. Lack of Competency: Overall, the Administrator has shown that he is not capable or suitable for the responsibilities entrusted to him under the law.

  Prayer:

  In light of the above, we humbly request your office to take immediate and appropriate action in the interest of the members of the society. We request:

  • An inquiry into the conduct and performance of the said Administrator.

  • Immediate removal or replacement of the current Administrator.

  • Directions to submit pending reports, finalize accounts, hold AGM, and initiate election process.

  • Recovery and penal action for any financial irregularities or illegal charges collected.

  We hope you will give due consideration to our complaint and initiate appropriate steps without delay.

  Thanking you,

  Yours sincerely,
  [Names and Signatures of Complainants]
  [Flat Numbers and Contact Details]
  [Society Stamp if available]
  [Date]

  ---

  प्रति,
  उपनिबंधक, सहकारी संस्था,
  [आपल्या क्षेत्राचे कार्यालय],
  [कार्यालयाचा पत्ता]

  विषय: [आपल्या सोसायटीचे नाव] येथील प्रशासक यांच्या कामातील कसूर, दुर्लक्ष व गैरवर्तन याबाबत तक्रार

  महोदय / महोदया,

  खाली स्वाक्षरी करणारे आम्ही, [सोसायटीचे नाव, नोंदणी क्रमांक], याचे सदस्य, आपल्या कार्यालयाने दिनांक [प्रशासक नियुक्तीचा दिनांक] रोजी नियुक्त केलेल्या प्रशासकांविषयी आमच्या गंभीर तक्रारी आपल्यास कळवत आहोत.

  प्रशासक म्हणून नियुक्त करण्यात आलेल्या व्यक्तीने महाराष्ट्र सहकारी संस्था अधिनियम 1960 व त्यास अनुसरून नियमांनुसार आपली जबाबदारी पार पाडणे आवश्यक होते. परंतु, खालीलप्रमाणे त्यांनी आपल्या कर्तव्यांमध्ये गंभीर दुर्लक्ष व गैरवर्तन केले आहे:

  1. कर्तव्यात कसूर: प्रशासक नियमितपणे सोसायटीत येत नाहीत व सदस्यांसाठी वेळेवर उपलब्ध राहत नाहीत.

  2. आर्थिक पारदर्शकतेचा अभाव: मासिक उत्पन्न आणि खर्चाची माहिती नोटीस बोर्डवर लावली जात नाही किंवा सदस्यांना दिली जात नाही.

  3. माजी कमिटीकडून चार्ज न घेणे: प्रशासकांनी माजी कार्यकारिणी कडून कोणतीही अधिकृत चार्ज हँडओव्हर प्रक्रिया केली नाही.

  4. कारभाराची अज्ञानता व अयोग्यता: प्रशासकांना सहकारी संस्था कायदे, नियम, व प्रशासन यांचे आवश्यक ज्ञान नाही.

  5. बेकायदेशीर नियुक्त्या: त्यांनी कोणताही ठराव न करता पगारी व्यक्तीची नियुक्ती करून सोसायटीचे काम त्या व्यक्तीकडून करून घेतले आहे.

  6. अनधिकृत पैसे मागणी: NOC मिळवण्यासाठी बेकायदेशीरपणे आर्थिक मागणी केल्याचे गंभीर आरोप आहेत.

  7. बेकायदेशीर धोरण निर्णय: प्रशासकांनी कोणताही ठराव न घेता किंवा सदस्यांचा सल्ला न घेता धोरणात्मक निर्णय घेतले आहेत.

  8. मासिक अहवाल प्रदर्शित नाही: आपल्या कार्यालयाला सादर केलेले मासिक अहवाल सदस्यांना न दाखवता गुप्त ठेवले आहेत.

  9. निवडणूक घेण्यात अपयश: प्रशासकांनी त्यांच्या कार्यकाळात व्यवस्थापन समितीची निवडणूक वेळेत न घेतल्याने कायद्याचे उल्लंघन झाले आहे.

  10. थकबाकीदारांवर कारवाई नाही: प्रशासकांनी थकबाकीदारांवर कोणतीही कारवाई केली नाही.

  11. कायदेशीर पुस्तके पूर्ण नाहीत: आवश्यक लेखापुस्तके व नोंदी अद्यापही पूर्ण केलेल्या नाहीत.

  12. हिशोब अंतिम केले नाहीत: वार्षिक लेखापरीक्षणासाठी आवश्यक हिशोब वेळेत पूर्ण केलेले नाहीत.

  13. वार्षिक सर्वसाधारण सभा (AGM) घेतलेली नाही: अधिनियमानुसार AGM घेणे बंधनकारक असूनही ती घेण्यात आली नाही.

  14. एकूणच अयोग्यता: प्रशासक हे कार्य करण्यास पूर्णपणे अयोग्य आहेत.

  मागणी:

  वरील सर्व गोष्टींचा विचार करून आम्ही आपल्या कार्यालयास विनंती करतो की:

  • प्रशासकाच्या कामकाजाची सखोल चौकशी करण्यात यावी.

  • सदर प्रशासक यांची तत्काळ बदली किंवा सेवा समाप्त करण्यात यावी.

  • त्यांनी केलेली बेकायदेशीर आर्थिक व धोरणात्मक कृतीबाबत तपास करून योग्य ती कारवाई करण्यात यावी.

  • लेखापरीक्षण, AGM व निवडणूक प्रक्रिया त्वरित सुरू करण्यात यावी.

  आमच्या तक्रारीची दखल घेऊन आपण तात्काळ आवश्यक कारवाई करावी, ही नम्र विनंती.

  आपला विश्वासू,
  [तक्रारदार सदस्यांचे संपूर्ण नाव, फ्लॅट क्रमांक, सह्या, मोबाईल क्रमांक]
  [सोसायटीचा शिक्का असल्यास तो जोडावा]
  

  [तारीख]                                     

  ===================================================================

  माहितीचा अधिकार २००५ अन्वये अर्ज

  प्रति,

  माननीय माहिती अधिकारी,

  द्वारा-उप/सहाय्यक निबंधक, सहकारी संस्था यांचे कार्यालय,

  -----------------------------------------------------------------

  -----------------------------------------------------------------

  ०१. अर्जदाराचे नाव-

  ०२. अर्जदाराचा पत्ता-

  ०३. आवश्यक असलेल्या माहितीचा तपशील - आमच्या संस्थेवर नेमणूक झालेले प्रशासक, श्री. ___________ _______________ यांचे कामकाजाबाबत माहिती मिळणेबाबत.

  ०४. माहितीचा विषय -

  ०१. _____________ ते ______________ या कालावधीत प्रशासक श्री. ___________ _______________, यांना माननीय उप/सहाय्यक निबंधक, सहकारी संस्था, ____________________ ______________________ यांच्या कार्यालयाने ज्या ज्या सहकारी संस्थांवर प्रशासक म्हणून नियुक्त केलेले आहे त्या सर्व संस्थांच्या नेमणूक आदेशाच्या प्रमाणित सत्य प्रति देण्याची व्यवस्था करावी.

  ०२. _____________ ते ______________ या कालावधीत प्रशासक श्री. ___________ _______________, यांनी त्यांची प्रशासक म्हणून नेमणूक झालेल्या सहकारी गृहनिर्माण संस्थांवर वरील मुदतीत त्यांनी केलेल्या कामकाजाबाबत, माननीय उप/सहाय्यक निबंधक, सहकारी संस्था, ____________ _________________________ यांच्या कार्यालयास सादर केलेल्या मासिक अहवालाची प्रमाणित सत्य प्रति देण्याची व्यवस्था करावी.

  ०३. _____________ ते ______________ या कालावधीत प्रशासक श्री. ___________ _______________, सहकार खात्याच्या प्रशासक पॅनेलवर असलेल्या पॅनल नंबर ची माहिती देण्यात यावी.

  ०४. _____________ ते ______________ या कालावधीत प्रशासक श्री. ___________ _______________, यांनी प्रशासक म्हणून पार पडलेल्या संस्थांच्या बाबतीत त्यांच्या मानधन व प्रवास भत्ता आदेशाच्या प्रमाणित सत्यप्रती देण्याची व्यवस्था करावी.

  ०५. वरीलप्रमाणे मागविण्यात आलेली माहिती कोणत्या खात्याशी संबंधित आहे - माननीय उप/सहाय्यक निबंधक, सहकारी संस्था, ____________________ ______________________

  ०६. आवश्यक माहितीचा कालावधी - _____________ ते ______________

  ०७. सदरची माहिती मागविण्याचे कारण - सदरची माहिती जनहितासाठी तसेच प्रशासक यांच्या संस्थेतील कामकाजाबाबत कायदेशीर कारवाई करण्यासाठी मागविण्यात आलेली आहे.

  ०८. सदरची माहिती नोंदणीकृत डाकेने पाठविण्यात यावी.

  ०९. संपर्क मोबाईल नंबर -

  १०. ठिकाण -

  ११. दिनांक -

  अर्जदारांची सही -

  अनु.क्र.,फ्लॅट नं.,नाव.,सही.,

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   Application under Right to Information Act, 2005

  To,
  The Hon’ble Public Information Officer,
  Through – Office of the Deputy/Assistant Registrar, Co-operative Societies,

  -----------------------------------------

  01. Name of the Applicant:
  02. Address of the Applicant:
  03. Details of the information required: Requesting information regarding the functioning of the Administrator appointed to our society, Mr. __________________________________.

  04. Subject of the Information:

  1. Certified true copies of all appointment orders issued by the Hon’ble Deputy/Assistant Registrar, Co-operative Societies, ___________________________ ___________________________, appointing Mr. _________________________ as an Administrator to any co-operative society during the period from _____________ to ______________.
  2. Certified true copies of monthly reports submitted by Mr. ___________ _______________ to the Hon’ble Deputy/Assistant Registrar, Co-operative Societies, ____________ _________________________ regarding the work done in co-operative housing societies where he was appointed as Administrator during the above-mentioned period.
  3. Information about the panel number under which Mr. _________________________ _______________ was listed in the Co-operative Department’s Administrator panel during the period from _____________ to ______________.
  4. Certified true copies of the honorarium and travel allowance orders issued to Mr. ___ _________________________ for the societies where he served as Administrator during the period from _____________ to ______________.

  05. The above information pertains to the following department: Office of the Hon’ble Deputy/Assistant Registrar, Co-operative Societies, _________________________________

  06. Period for which the information is required: _____________ to _________________

  07. Reason for seeking this information: The information is being sought in public interest and for initiating legal action regarding the Administrator’s functioning in the society.

  08. The requested information may kindly be sent by Registered Post.
  09. Contact Mobile Number:
  10. Place:
  11. Date:
  Signature of the Applicant
  (Serial No., Flat No., Name, Signature)

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  1. Appointment of Administrator – Relevant Sections

  An Administrator can be appointed under the following sections of the MCS Act, 1960:

  • Section 77A: Appointment of Authorized Officer/Administrator where the Committee has failed to conduct elections before expiry of its term.

  • Section 78: Supersession (removal) of the Managing Committee for failure to perform duties, persistent default, or other serious irregularities.

  ---

  2. Reasons for Appointment of Administrator

  Administrator may be appointed when:

  • The society fails to hold elections in time (Sec. 77A).

  • The committee fails to perform duties, is negligent, or acts against the interests of the society (Sec. 78).

  • There is mismanagement, fraud, or non-compliance with statutory provisions.

  • There is persistent default in conducting AGMs, maintaining records, or compliance with audit directives.

  ---

  3. Challenging the Appointment Order – Under Which Section?

  • An order passed under Section 78 (removal/supersession) can be challenged by appeal or revision under:

    • Section 152: Appeal to Cooperative Appellate Court.

    • Section 154: Revision before the State Government or Registrar if no appeal is provided.

  • For orders under Section 77A, challenge may lie by filing a Writ Petition under Article 226 of the Constitution (before High Court), as there's no specific appeal provision in the MCS Act.

  ---

  4. Limitation Period to Challenge the Appointment Order

  • Under Section 152, the limitation period is 2 months (60 days) from the date of the order.

  • Under Section 154, the revision application must be filed within 90 days from the date of the order.

  ---

  5. Effect of Challenge Filed After the Limitation Period

  • If the challenge is filed after the limitation period:

    • The appeal/revision may be dismissed as time-barred.

    • However, the appellate authority can condone delay if sufficient cause is shown under the Limitation Act, 1963.

    • If delay is not condoned, the order of appointment remains valid and binding.

  ---

  6. If Administrator Has Taken Over Charge (No Stay on Order)

  • If the Administrator has already taken over:

    • The order is in effect and Administrator will exercise all powers of the Committee.

    • All decisions/actions taken by Administrator are valid unless the order is later set aside.

    • The society and its members must cooperate with the Administrator.

  ---

  7. If Aggrieved Person Refuses to Hand Over Records and Property

  • As per Section 80 of the MCS Act, duty to handover property and records lies with the outgoing committee or member.

  • Failure to do so is a punishable offence:

    • Penalty: Imprisonment up to 6 months or fine up to ₹5,000, or both.

    • The Administrator can file a complaint with the Registrar to take coercive action, including police assistance and sealing of premises if necessary.

  ---

  8. Provision of Section 80 – MCS Act, 1960

  Section 80: Custody of Records and Property of Society

  • When any person ceases to be an officer or employee of the society:

    • They must return all books, records, cash, and property of the society in their possession.

    • Failure to do so constitutes an offence.

    • Registrar may issue a direction or take further legal action for recovery.

  ---

  Summary:

  Topic	Provision / Answer
  Administrator Appointment	Section 77A or Section 78
  Grounds for Appointment	Mismanagement, failure of elections, default
  Challenging Appointment	Section 152 (Appeal), Section 154 (Revision), or Writ
  Limitation Period	60 days (appeal), 90 days (revision)
  Delay in Challenge	Dismissed unless condoned with sufficient cause
  If Administrator Takes Charge	His authority stands unless stayed by court
  Refusal to Handover	Action under Section 80; offence punishable
  Section 80	Compulsory handover of records/property by outgoing officials

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  To,
  The Upper Secretary,
  Co-operation Department,
  Mantralaya, Mumbai – 400032.

  Cc:

  1. The Divisional Joint Registrar, Co-operative Societies, Konkan Division, Belapur, Navi Mumbai.

  2. The Divisional Joint Registrar, Co-operative Societies, Mumbai Division, Mumbai.

  3. The Commissioner for Co-operation and Registrar of Co-operative Societies, Maharashtra State, Pune.

  Subject: Representation regarding lack of clarity in the appointment order of the Administrator under Section __ of the MCS Act, 1960

  Respected Sir/Madam,

  We, the undersigned members/shareholders of the ________________________ Co-operative Housing Society Ltd., would like to bring to your attention certain grave concerns arising from the recent appointment of an Administrator to our society by the office of the Deputy Registrar, _________ (Taluka/District), under the provisions of the Maharashtra Co-operative Societies Act, 1960.

  While we understand that the said appointment may have been necessitated under the powers conferred by Section ______ (e.g., 77A/78) of the MCS Act, 1960, we are constrained to note that the said appointment order lacks critical information, which has created significant confusion and operational challenges in our society.

  Our Concerns are as Follows:

  1. Remuneration of the Administrator:
     The appointment order does not specify the monthly remuneration or fees payable to the Administrator. This omission has created a lack of transparency and potential disputes over financial liability on the society.

  2. Office Hours and Availability:
     The order is silent on the working schedule or time during which the Administrator will be available at the society premises. This has left members unaware of when they can approach the Administrator for society-related matters.

  3. Duties and Responsibilities:
     There is no clarity in the order regarding the specific powers, duties, and responsibilities of the Administrator during their tenure, such as:

     • Whether s/he is empowered to incur new expenditures or only maintain current operations.

     • Whether legal, financial, and administrative decisions require member consultation.

  4. Dos and Don’ts of the Administrator:
     The order does not clearly state what the Administrator is prohibited from doing—such as executing development agreements, creating third-party rights, or undertaking major financial decisions without member approval or Registrar's sanction.

  5. Communication Address:
     The order does not provide the full address, email ID, or phone number of the appointed Administrator, making it difficult for members to contact him/her formally in case of any urgent matters or misconduct.

  6. Grievance Redressal:
     In the event the Administrator acts in excess of their authority or against the interest of the society, there is no direction on where and how society members may lodge complaints or seek redressal during the Administrator's tenure.

  7. Timeline for Conducting Elections:
     The order is vague or silent about the deadline by which the Administrator is expected to complete the process of conducting the Managing Committee election, as mandated under Section 77A(2)/78(1) of the MCS Act, 1960.

  8. Right to Appeal and Interim Protection:
     The Deputy Registrar has also not clarified in the order that the said appointment can be challenged within 60 days under Section 152 or within 90 days under Section 154 of the MCS Act, and that during this appeal period, the Administrator should not be allowed to take charge of the society or freeze the society’s bank account unless the challenge is dismissed or the order is stayed.

  Request for Immediate Action:

  In view of the above, we respectfully request your good offices to:

  • Direct the Deputy Registrar to issue a supplementary or detailed order covering all of the above points.

  • Ensure that all future appointment orders of administrators contain clear, comprehensive, and transparent directives.

  • Monitor the functioning of such appointed administrators through periodic reports or inspections.

  • Establish a helpline or nodal officer for grievance redressal related to functioning of administrators.

  We seek your kind intervention in the matter to ensure fair, lawful, and transparent administration of our co-operative housing society, and to uphold the democratic functioning and statutory rights of its members.

  Thanking you,

  Yours sincerely,
  [Signature]
  [Name of Complainant(s)]
  [Flat No./Membership No.]
  [Society Name and Address]
  [Date]
  [Contact Number and Email]

  =================================================================================

  To,
  The Hon’ble Chief Justice,
  High Court of Bombay,
  Fort, Mumbai – 400032.

  Cc:

  1. The Upper Secretary, Co-operation Department, Mantralaya, Mumbai – 400032.

  2. The Commissioner for Co-operation and Registrar of Co-operative Societies, Maharashtra State, Pune.

  3. The Divisional Joint Registrar, Co-operative Societies, Konkan Division, Belapur, Navi Mumbai.

  4. The Divisional Joint Registrar, Co-operative Societies, Mumbai Division, Mumbai.

  ---

  Subject: Public Interest Representation Regarding Arbitrary and Opaque Appointment of Administrators to Co-operative Societies Without Procedural Safeguards under MCS Act, 1960

  Respected Sir/Madam,

  This is a public interest representation seeking your urgent attention and intervention in the widespread and recurring issue of arbitrary, non-transparent, and procedurally deficient appointments of Administrators to Co-operative Housing Societies under the Maharashtra Co-operative Societies Act, 1960 (MCS Act), especially under Sections 77A and 78.

  It has come to the notice of several residents, members, and office-bearers across Maharashtra that many such appointment orders lack essential and mandatory information, thereby resulting in legal ambiguity, misuse of authority, denial of fair hearing, and financial/administrative harm to the societies concerned.

  The Common and Recurrent Deficiencies Observed Are:

  1. Remuneration Not Disclosed:
     Most appointment orders do not mention the remuneration or fees payable to the Administrator. This leads to financial disputes and unaccounted burdens on societies.

  2. No Time Schedule or Availability:
     There is no direction regarding the Administrator’s office hours or presence at the society premises, making it difficult for members to access their own society’s functioning.

  3. Unclear Duties, Powers & Restrictions:
     The appointment orders fail to clearly define the Administrator’s scope of work, limitations, and responsibilities. There are no safeguards against misuse of powers—such as entering third-party agreements, initiating redevelopment, or freezing accounts without transparency.

  4. No Contact Details:
     Most orders omit communication details such as the full address, phone number, and email ID of the Administrator, preventing members from contacting or corresponding officially.

  5. Lack of Election Deadline:
     The appointment of Administrators under Section 77A or 78 is meant to be temporary and for facilitating elections. However, no clear timeline is mentioned for when elections must be held, causing indefinite extensions and undermining democratic functioning.

  6. No Mention of Appeal Rights:
     Critically, the Deputy Registrar’s orders do not inform affected parties that such orders can be challenged under:

     • Section 152 (Appeal) within 60 days, and

     • Section 154 (Revision) within 90 days.
       There is no direction that the Administrator shall not take charge or freeze accounts until the limitation period expires or the challenge is decided. This allows administrators to take premature, irreversible actions before the legality of the order is tested.

  7. No Grievance Mechanism Provided:
     There is no instruction in the order on where members can complain in case of irregularities or abuse of power by the appointed Administrator during their tenure.

  ---

  Legal and Constitutional Concerns:

  • These omissions violate the principles of natural justice, transparency, and good governance.

  • The failure to notify rights to appeal/revision and absence of protective clauses prejudices the rights of members.

  • It has a chilling effect on democratic self-governance guaranteed to co-operative societies under Article 19(1)(c) and supported by the 97th Constitutional Amendment.

  ---

  Public Interest Prayers:

  In light of the above, we humbly request that:

  1. All authorities under the Co-operation Department be directed to issue comprehensive and standardized appointment orders of Administrators under the MCS Act.

  2. Such orders must mandatorily include:

     • Administrator’s remuneration

     • Work schedule and availability

     • Duties, powers, restrictions

     • Communication details

     • Clear mention of election timeline

     • Clear mention of appeal rights and interim protection clause

     • Grievance redressal mechanism

  3. A monitoring system or complaint helpline be set up for societies under Administrator rule.

  4. The High Court may consider taking suo motu cognizance or permit a PIL on the matter if necessary.

  This is not an isolated incident but reflects a larger pattern affecting hundreds of co-operative societies and lakhs of citizens across Maharashtra. We believe this matter warrants institutional reform and judicial oversight in the public interest.

  Thanking you in anticipation.

  Yours sincerely,
  [Name(s) of Concerned Citizens or NGO/Resident Welfare Association]
  [Address]
  [Email & Contact Number]
  [Date]

  ---

  From:
  [Your Name / NGO Name / Resident Group Name]
  [Address]
  [City, District]
  [Contact Number]
  [Email Address]

  Date: [Insert Date]

  ---

  To,

  1. The Upper Secretary,
     Department of Co-operation, Marketing and Textiles,
     Government of Maharashtra,
     Mantralaya, Mumbai – 400032.

  2. The Commissioner for Co-operation and Registrar of Co-operative Societies,
     3rd Floor, New Administrative Building,
     Pune – 411005.

  3. The Divisional Joint Registrar,
     Co-operative Societies, Konkan Division,
     CBD Belapur, Navi Mumbai – 400614.

  4. The Divisional Joint Registrar,
     Co-operative Societies, Mumbai Division,
     Old Custom House, Fort, Mumbai – 400001.

  ---

  Subject: Intimation regarding procedural lapses in the appointment of Administrators under MCS Act, 1960 – prior notice before filing Public Interest Litigation (PIL)

  ---

  Respected Sir/Madam,

  We, the undersigned citizens and stakeholders in various Co-operative Housing Societies across Maharashtra, are writing to bring to your urgent attention certain serious irregularities and omissions observed in the appointment of Administrators to co-operative societies under Section 77A and/or Section 78 of the Maharashtra Co-operative Societies Act, 1960.

  Over the past several months, we have come across multiple cases where such appointment orders were issued without basic procedural transparency and essential legal safeguards. These orders are affecting the rights of lakhs of housing society members and are contrary to the principles of fair administration and democratic governance.

  ---

  Our Key Concerns Include:

  1. Remuneration Not Mentioned:
     Administrators’ salary or honorarium is not stated, leading to ambiguity in society finances.

  2. No Time Commitment or Availability Clause:
     There is no clarity on when or how often the Administrator will remain present in the society.

  3. No Defined Duties or Restrictions:
     Orders are silent on powers, responsibilities, and specific restrictions on key actions (e.g., redevelopment, legal decisions).

  4. No Contact Details:
     Administrators’ phone numbers or addresses are not included, cutting off member communication.

  5. No Election Timeline Stated:
     The purpose of the Administrator—to conduct fresh elections—is often not time-bound.

  6. No Mention of Appeal/Revision Rights or Limitation Periods:
     Orders do not specify that such appointments can be challenged under Section 152 (60 days) or Section 154 (90 days) of the MCS Act.
     Further, there is no protection for aggrieved societies during this limitation period—such as preventing premature takeover or freezing of accounts before the appeal is decided.

  7. No Redressal Mechanism:
     There is no provision in the order for how and where complaints can be filed in case of misconduct by the Administrator.

  ---

  Our Request Before Legal Escalation:

  In public interest, we are giving your office formal advance notice to take remedial action within 15 days from the date of this letter.

  We respectfully urge you to:

  • Issue necessary instructions to Deputy Registrars and other field officers to rectify such administrative lapses.

  • Standardize the format of all Administrator appointment orders with mandatory details as mentioned above.

  • Put in place clear guidance on appeal rights and procedures.

  • Notify a helpline or grievance officer for societies under administrator control.

  • Monitor and review the conduct of appointed Administrators regularly.

  ---

  If no satisfactory response or corrective measures are taken within this time frame, we will be constrained to initiate appropriate proceedings before the Hon’ble High Court by way of Public Interest Litigation (PIL) to seek judicial intervention and systemic reforms.

  We hope and trust that your office will treat this matter with the seriousness it deserves in the interest of lakhs of co-operative society residents in the State.

  Thanking you,

  Yours sincerely,
  [Signature]
  [Name of Complainant or Organisation]
  [Designation (if any)]
  [Email ID and Contact Number]
  [Enclosures, if any]

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