Appointment of Administrator in Co-operative Society

The managing committee of a co-operative is required to function according to bye laws of the society or a  co-operative society or a co-operative group housing society as the case may be.

All co-operative societies shall hold election at the commencement of this Act on the date fixed for holding annual general body meeting as provided in the bye laws and on failure to conduct election as aforesaid, the committee shall cease to hold office and its affairs shall be managed by a person (hereinafter referred to as “administrator“) appointed by the Registrar who shall also hold election within ninety days of his appointment.

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Thereafter the committee shall arrange election of the new committee before the expiry of its term and in case the committee fails to do so, the committee shall cease to hold office on the expiry of its term and the affairs of the co-operative society shall be managed by an administrator appointed by the Registrar who shall also hold election within ninety days from the date of his appointment.

There is no other provision under which an Administrator could be appointed in a co-operative Society. When an Administrator is appointed, he has the powers to appoint a ad-hoc committee to manage the affairs of the co-operative society under his supervision. The Administrator is entitled for re-imbursement of his expenses made by him or by his authorised staff from the accounts of the Society.

In fact the society is burdened of more expenses due to appointment of Administrator. But it becomes essential the the Registrar of co-operative societies to appoint the administrator, when the Society is not coming for election.

A VITAL QUESTION: What happens in a case where the elections are declared, but no one files nominations for any post to the managing committee elections. Please note that, it shall be considered that the elections were not held. The Registrar has the discretionary powers to appoint Administrator or order fresh elections if some of the members approach the Registrar to order fresh elections and candidates do not come forward for it.

HOW DOES THE ADMINISTRATOR WORK ?

If you practically want to know the working and benefit of an Administrator appointed by the Registrar of Co-operative society, you can visit a web site of a co-operative society, which is working totally transparent and videos of their Special General Meeting held by an Administrator from their website: http://bairwabharti.cghsltd.in

LEAVE A REPLY IN CASE OF ANY QUERY OR ASSISTANCE REQUIRED

18 Comments

  • Dr. Anil Kumar says:

    Dear Sir, there are open disputes (in writing mails) amongst the members of the MC in our Housing Society and because of their personal egoes, members are suffering. Can members of a Housing Society request the RCS to appoint an Administrator. If yes, what percentage of total strength of membership is required to sign such representation to the RCS. In our Society, there are 95 members in all. Our society is governed by the DCS Act, 2003 and DCS Rules 2007.

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  • kanchan khosla says:

    Dear Mr. Mittal, For God sake, never ask for Administrator to RCS. They appoint rather RCS grab the opportunity to appoint some retired IAS/IPS officer to cost you a hefty amount. He will take his salary+conveyance and his PA (appointed for data entry, which he hardly does) salary + conveyance charges costing more than 25000/- pm to society. I am a personal suffer in Shivalika CGHS, Plot No. 16, Sector-9, Dwarka. The society is left orphaned for years together . In our society one Retired IPS, Mr PK Khurana has been appointed as Administrator. He Sends his PA who is also getting salary without showing his face. No committee has been formed. Our only contact person is our supervisor who manages society affairs on verbal instructions from Administrator’s PA. The residents are left at the mercy of supervisor. Regards

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  • Ravi Bhatia says:

    I agree with mdm Kanchan Khosla. It’s also a fact that the Administrators are appointed for 90 days but they intentionally linger on the societies disputes to continue their post . It’s a matter of concern that Administrator Shivalika joined on September 18 I.e. 2 months passed but is still working without constituting advisory committee.

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  • V M Bhole says:

    Sir, In our Housing society there are 39 flats. Managing Committee elections were due in Sept. 2015. The secretary has not requested Registrar to arrange to conduct elections in March 2015. AGM held in Sept. 2015 and new committee selected unanimously. We propose to request registrar to approve the election of managing committee. Whether it is required Registrar to conduct the election in his presence. (As per new bye law we have selected 6 General category members + 2 ladies members i.e. total 8 managing committee members we have selected. In our society there is not Reserve category member. Therefore we have kept their posts / seats vacant. Please offer your comments

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  • ravi bonal says:

    Hi
    In our gated community the new office barres are elected one year back, however we have not registered in registrar . can i do it now our balance tenor is only 1 year. Plz let me know as per the Telangana Govt act what procedure we need to follow. Also one more point we have done some bylawas amendment in AGM , do we need to register it. Please provide your comments.

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  • SK says:

    sir, Our society election was conducted in the year 2007. The term MC was completed in 2010, Thereafter, MC passed the resolution to conduct election and submitted request letter to RCS.
    Due to resignation of Secretary in the year 2011, one of the member was co-opted as secretary and records were handed over to him. Subsequently, the MC came to know that co-option is not permitted, therefore, the MC has passed resolution to remove the co-opted secretary.
    The secretary [ removed secreatry] was holding records of the society called one illegal GB Meeting and formed one parallel illegal MC purported himself as secretary with some of his associates in other office bearers.Many complaint were made to RCS but no avail.
    It is settled law that till the time the election is not conducted, the defunct MC shall continue to work and in discharging our obligation, our MC was submitting the statutory audit report to RCS upto date. However, it is a matter of concern that the illegal MC has also submitted the parallel Audit report for the last 2 years in illegal manner. Further, it is understood that the illegal MC has also got his audit approved form Audit section of RCS.
    It is pointed out that till today our MC is having charge of bank account. The illlegal MC has not mentioned that entire members name in their audit report and lot of others defects, since his Audit report is approved, which may create confusion at later stage.
    Kindly suggest the action to undo their ill action.

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  • Tusharkumar says:

    in this position when administrator is there who is responsible for fire lifts and other nocs and maintenence of the same

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  • Tusharkumar says:

    thanx for your reply..but the question is still there that who is responsible for these things.as fire n lifts a crucial things..is he not answerable for these things

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  • Sandeep Pawar says:

    We are CHS of 20 members. Our society was registered in 2013. since then provisional committee is not changed. Now all the members want to go for fresh election for which current chairman is opposing.Is it compulsory to send the request on SOC letter head and signed by MC? Or normal members can send the request without MC signatures.please advice.

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  • kalpesh says:

    what is the function of Adhoc Committee in an housing society (Unredgestired society developed by the builder)and who appoints Adhoc Secretary/Chairman. Also what is the exact tenure of the Adhoc selected Committee.

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  • Vinod Patil says:

    Sir our’s is a RWA, wherein the maintenance period got over on 31/05/2016, however builder had arbitrarily withdrawn all the services without transferring the corpus fund to us, merely by sticking a notice on the main entrance of our Building, then after on pursing the Builders office, for almost one month we had a meeting and discussion in the below points, which are the my queries too.
    1. 1. Why has builder not registered our building as CHS, and as RWA, what are the provisions for the same, can we still change it to CHS?
    2.We would only be given the handover for maintenance of the society and NOT ownership of the society
    3.The Builder would continue to have the terrace rights with him and as he has been given additional FSR which if he wants can use for constructing the 13th & 14th floors as well. While he mentioned that he would not do the same in reality but would construct up to 14 floors for ‘C’ & ‘D’ blocks.
    4. On the issue of pending work, he said whatever he has committed he would stick to it but was noncommittal on the timeliness since as per him some of the vendors are engaged in work somewhere else.
    5.The builder categorically mentioned that we would be entitled to use the interest component of the FD and not be allowed to break the FD. The value of the FD was tentatively Rs 45 lakhs.

    Request you to kindly provide your expert opinion on the above points

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  • IMRAN SHAIKH says:

    Sir, The managing committee is not functioning in a proper way. How can i ensure that administrator is appointed in place of managing committee.

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  • ZIAUL H kahn says:

    Dear sir,
    Our MC consist of 8 member.5 MC members have resign which include chairman,secretary ,Treasure and 2 female member.registrar had ask remaining 3 MC member to continue the administration of society.on inquiring registrar office ,it was inform that they are administrators.One and half year had been passes .there is no word for election.pl let us how to deal with registrar in case of election also to get details from registrar on said matter through rti.A draft of rti from your end will be helpful to us

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  • Umesh Malasane says:

    Out of the total 9 Management committee members, 7 members including the secretary has done the mass resignation and only Chairman and Tresurer are remaining in the committee. Hence Chairman and Tresurer approached the registrar and registrar has issued the order of appointment of the Administrator from 30th Jan 2017. Now, the administrator has not yet taken the charge, but we need to make the payments to the vendors for their services in Jan 2017. Can our chairman release the payment to the vendors before the handover of the society to the administrator.?

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  • Aditya Sawdekar says:

    Dear Sir,

    Can an administrator transfer membership from one individual to another? Does he have the power to do so?

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  • Karim Shamouni says:

    I need to rent an apartment according to my limited income,so I need your consultation.
    Thank you

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  • GIRISH S PRABHU says:

    My question is if the committee approached dy.registrar for the committee elections before the expiry of the tenure,election officer is appointed by the authority as per his instructions committee displays the election list and the requsite amount is paid to SCEA, then after Election Officer Appointed doesnot turned up, this was pointed out to dy.registrar while inspection under 89 a also letter sent to dy.registrar requesting him to appoint another Election Officer but no reply even from the dy.registrar. In that case what committee can do. Can dy.registrar directly appoint Adminstrator without even given hearing to the Managing Committee. isnt it a natural injustice to them. isnt this decision a bad in law .

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  • Advocateji says:

    Dear Girish, This may not be in Delhi. If it is in Delhi you may contact our legal expert else contact any local legal expert. Problem is serious. Must take action immediately in the interest of members

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