We are doing honorary work as management committee of our housing society . A member of our housing society has complained to the registrar and the registrar has issued the following orders and notices 1. 154b- 8 to provide copy of documents in accordance with section 154b8 of MCS Act. 2. Show cause notice to explain reason for failure to conduct AGM 2022-23 under section 75 (5) My questions: 1. how can we avoid giving the documents to the member as registrar has appointed authorized person to collect the documents? What will be the consequence of not giving the papers . 2. Can we avoid disqualification as we had written to the registrar towards end of September 2023 that we are unable to conduct AGM due to non availability of audited statements. 3. Will conducting a signature campaign against the member stating she is harassing the MC help .
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1. It will be treated as contempt for not obeying the orders of registrar who has powers to dissolve this committee and pass an order for election to new committee.
2. You can give a reply with explanation for non conducting the meeting.
3. No, this will not be a proper reason now
Conducting signature campaign won’t help
2) you ought to have sought extension of time for calling AGM if accounts were not audited
3) you are bound to give inspection of documents sought by member on payment of xerox charges
You cant avoid the same if you have refused to provide documents and conduct AGM
1. not sharing the documents may backfire against the society/its committee. You have not disclosed in your query as to why you do no want to show the requested documents to the concerned member. you incur a liability of being disqualified under s.154b-23(iii)
2. s.75(5) which contains the disqualification provision for not calling an AGM is made applicable to housing societies vide s.154B(1). So the consequences cannot be avoided. You will be debarred for 5 years
3. this needs more context and background. there are provisions in the Act for expelling such a member. but what exactly has happened, nothing is stated in your query
it appears that in the past you had posted a query on this platform posing yourself as a member and now the present query is posted as a member of MC
There is more than meets the eye in the manner in which queries are being posted here.
