• Adhoc committee rights in case OC not received and might not be received in near future

Dear Sir,

Request you to let me know rights of adhoc committee. My society builder has some unresolved issues with earlier tenants and i do not see receiving OC in near future as well. In our first AGM, few members came forward and formed adhoc committee, and now for past 4 years those members are still on the panel. If we ask any questions regarding holdong election for committee, we get answers such as, society does not have OC so elections cannot be held, if other members want to join they are free to do so. Society fund also has reached quite considerable amount and thought records are audited, i want committee should be Elected one to avoid any conflicts. Also, can anybody become member of adhoc committee even if he or she does not have flat on his or her name? Can such a committee call themselves ManagIng Committee in stead of Adhoc committee? And can they impose rules on members?
Also what needs to be done in next AGM if we can have elected committee?
Asked 5 years ago in Property Law
Religion: Hindu

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11 Answers

The Provisional Committee or the Nominated Committee shall have the same powers and functions as the committee duly elected in accordance with the bye-laws of the society.

2) The Provisional Committee ‘or the Nominated Committee shall be in office for a period of one year, or until the regular elections are held under the Bye-laws of the Society

3) you can insist on audited accounts 

 

4)only flat owners can be members of ad hoc committee 

 

5)complain to registrar if elections have not been held in your society for period of 4 years to elect MC

 

6) you can file complaint before consumer forum and seek orders to direct builder to obtain OC within stipulated period and pay compensation for failure to obtain OC 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1) ad hoc committee should call for elections to MC 

 

2) elected MC will have tenure of 5 years 

 

3) members of ad hoc committee can stand for elections to MC 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. just because OC is not issued, does not mean that the society can flout the Maharashtra Co-operative Societies Act, its rules, regulations and bye laws framed thereunder

2. The issue of OC has got nothing to do with the above

3. that is a dispute between the builder and the BMC 

4. society is distinct and separate and after the builder the society steps in which can continue the dispute with BMC regarding grant of OC

5. The societies act cannot in any manner be flouted by what you have described in your query

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

1. There is absolutely no connection between an OC (BMC matter) and MC (Mg.Committee, under MCS Act). READ: https://chshelpforum.com/service-charges-of-chs

2. ONLY bonafide Flat owners can be elected into the MC, that too ONLY via Election Procedures conducted by an "Returning Officer" duly appointed by the Coop.ward Registrar. What you might be referring is as "Provisional Mg.Committee" which is elected thru Builder in the starting which can function strictly only for one year only and not beyond that.

3. It is an offence for non-flat-owners to be in any type of Adhoc MC or elected MC. The Society can be taken over by the Cooperative Registrar under an "authorized officer" for failure to comply with the provisions of the MCS Act, Rules & Bye laws.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Hi

Members can nominate themselves for committee elections continuously for 2 years. But not third time.

Yes elections are to be held every year. 

Thanks 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. Ad hoc committee can never be a regular committee. Refer to the society bye laws to find out how long an ad hoc can continue till formation of a regular committee.

2. By any means no ad hoc committee can continue for  4 long years.

3. So the disgruntled members can raised complaint with the Registrar of the society so this committee is disbanded and election is called for with a view to form a regular committee. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Adhoc committee as the name suggests is a temporary body and do not have any powers to take major decisions.

They are meant for taking care of the routine issues only.

Getting OC to the apartments has nothing to do with the forming of the RWA association or conducting elections and getting the RWA registered before the cooperative registrar.

If the adhoc committee is taking decisions arbitrarily on their own without any authorization of the majority members, then can be issued a legal notice for such an illegal act and they can even be booked under the criminal law for misappropriation and breach of trust, beside giving a complaint with the registrar.

You can gather like minded members and form the association or agitate agaisnt the atrocities done by the adhoc committee members in this regard and refuse to pay the maintenance, because they cannot do anything in the absence of an elected body and also not being a registered association.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

adhoc committee or members of of such a committee cannot hold office permanently and cannot take decision of major issues.

Elections are to be held for permanent members as per bye laws of the society and they can form the execution committee to execute all the jobs entrusted to them by the general body. 

Elections are to be held periodically i.e., once in two years.

OC has nothing to with the election to the RWA 

The registered RWA can take up the case to obtain OC directly as a body representing its members from the authority concerned.

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T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Adhoc committee cannot hold office so long. Maximum 6 months and if no election held than charge will transfer to registrar. And non availability of OC has nothing to do with elections.

Any one can nominate themself but selection shall be through fair voting. Complain to registrar.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Ad hoc committee can at the most for 1 year later you need to conduct election and form fresh committee

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. Ad hoc committee is bound to conduct elections with in one year of formation.

2. If elections are not held from last 4 years then you can send a complaint to assistant registrar coop societies regarding conduct of elections and appointment of administrator till futher elections.

3. Only owner of flat can become member of committee.

4. yes ad hoc committee can be called as managing committee.

5. Yes they can impose rules and make bye laws in society.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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