Administrator in CGHS society
6 months ago
Extended term of Administrator appointed under section of 37(1) of DCS Act, 2003 is expired on 30.092.2023 no new administrator appointed by RCS. can members of the society form a commitee and inform the RCS
A.Dear Client,
Sub Section (5) ofSec.35 of the Delhi Cooperative Societies Act, 2003, the existing committee shall arrange the 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 the election within ninety days from the date of his appointment.” A careful perusal of the said provision reveals that it is on the failure of the committee to arrange the election of the new committee that the committee “shall cease to hold office on the expiry of its term”, and in such event, its affairs “shall be managed by an Administrator appointed by the Registrar u/s. 37(1) of DCS Act, 2003 who shall also hold the election within 90 days from the date of his appointment the failure on part of the existing committee to arrange for the election of the new committee, cannot be said to have been fulfilled. On its part, the existing Committee did write, at least 2 months in advance to the RCS informing him of the impending expiry of the term of the present committee. If on receipt of the said letter, the RCS was of the view that a copy of the resolution of the committee was also required, he could have easily asked for it. In any event, it was incumbent on the RCS to immediately arrange to appoint a Returning Officer(RO) for the conduct of the elections in terms of the second proviso to Section 35 (1). Such RO, if appointed sufficiently in time would be expected to draw up the schedule for holding the election, so that a new committee is in place immediately upon or soon before the expiry of the term of the present committee. In view of the above proposition of governing law, the existing committee shall inform the Registrar of Cooperative Societies for the appointment of RO to conduct election of new Committee or for the appointment of an Administrator to hold the election within the prescribed time limit.
Sub Section (5) ofSec.35 of the Delhi Cooperative Societies Act, 2003, the existing committee shall arrange the 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 the election within ninety days from the date of his appointment.” A careful perusal of the said provision reveals that it is on the failure of the committee to arrange the election of the new committee that the committee “shall cease to hold office on the expiry of its term”, and in such event, its affairs “shall be managed by an Administrator appointed by the Registrar u/s. 37(1) of DCS Act, 2003 who shall also hold the election within 90 days from the date of his appointment the failure on part of the existing committee to arrange for the election of the new committee, cannot be said to have been fulfilled. On its part, the existing Committee did write, at least 2 months in advance to the RCS informing him of the impending expiry of the term of the present committee. If on receipt of the said letter, the RCS was of the view that a copy of the resolution of the committee was also required, he could have easily asked for it. In any event, it was incumbent on the RCS to immediately arrange to appoint a Returning Officer(RO) for the conduct of the elections in terms of the second proviso to Section 35 (1). Such RO, if appointed sufficiently in time would be expected to draw up the schedule for holding the election, so that a new committee is in place immediately upon or soon before the expiry of the term of the present committee. In view of the above proposition of governing law, the existing committee shall inform the Registrar of Cooperative Societies for the appointment of RO to conduct election of new Committee or for the appointment of an Administrator to hold the election within the prescribed time limit.
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A.Dear,
In India, the appointment and extension of the term of an Administrator for a cooperative society are governed by the respective state's Cooperative Societies Act and Rules.
Review the State Act and Rules: Review the relevant provisions of the Delhi Cooperative Societies Act, 2003, and the rules governing cooperative societies in Delhi. This will help you understand the legal requirements and procedures for addressing the issue.
Contact the RCS Office: Reach out to the RCS office or the appropriate authority responsible for cooperative societies in Delhi. Inquire about the status of the Administrator's appointment and request information on the steps that should be taken when the term of an Administrator expires without a new appointment.
Formation of a Managing Committee: If the Act and Rules allow for it, members of the cooperative society may consider forming a Managing Committee or Board of Directors through democratic elections as per the cooperative society's bylaws. Ensure that the election process is conducted in accordance with the relevant legal provisions.
Inform RCS: Once the Managing Committee is formed, formally inform the RCS office about the new Managing Committee and its composition. Provide all required documentation, including the election results and other relevant information.
Compliance: Ensure that the Managing Committee operates in compliance with the cooperative society's bylaws and the Delhi Cooperative Societies Act, 2003.
Regards
In India, the appointment and extension of the term of an Administrator for a cooperative society are governed by the respective state's Cooperative Societies Act and Rules.
Review the State Act and Rules: Review the relevant provisions of the Delhi Cooperative Societies Act, 2003, and the rules governing cooperative societies in Delhi. This will help you understand the legal requirements and procedures for addressing the issue.
Contact the RCS Office: Reach out to the RCS office or the appropriate authority responsible for cooperative societies in Delhi. Inquire about the status of the Administrator's appointment and request information on the steps that should be taken when the term of an Administrator expires without a new appointment.
Formation of a Managing Committee: If the Act and Rules allow for it, members of the cooperative society may consider forming a Managing Committee or Board of Directors through democratic elections as per the cooperative society's bylaws. Ensure that the election process is conducted in accordance with the relevant legal provisions.
Inform RCS: Once the Managing Committee is formed, formally inform the RCS office about the new Managing Committee and its composition. Provide all required documentation, including the election results and other relevant information.
Compliance: Ensure that the Managing Committee operates in compliance with the cooperative society's bylaws and the Delhi Cooperative Societies Act, 2003.
Regards
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