Power of State Government to give Directions in the Public Interest

By Accommodation Times News Service

By Rajendra Singhvi, Advocate High Court

Section 79-A of Maharashtra Co-operative Housing Societies Act, 1960 is regarding power of State Government to give directions in the public interest. If the state government receives a report from the Registrar or otherwise, it is satisfied that in the public interest or for the purpose of securing proper implementation of Co-operative production or other development program approved or undertaken by government, or to secure the proper management of the business of the society generally or for preventing the affairs of the society being conducted in a manner detrimental to the interest of the members, or of the depositors or the creditors thereof, it is necessary to issue directions to any class of societies generally or to any society or societies in particular, then the state government may issue directions to them from time to time and all the societies or the societies concerned shall be bound to comply with such direction.

The state government may modify or cancel directions issued or may also impose conditions as it may deem fit.

Registrar is authorized to pass necessary orders as stated therein and after hearing the parties concerned for the compliance of the directions issued by the state government under the above section. Registrar has the powers to disqualify the member who has without any goof reason or justification failed to comply with the direction or orders for a period of six years from committee if he is committee member and in case if he is employee of the society then he can direct the society to remove such person from employment of society and if the committee member fails to do so then the he may also remove such member and appoint other member in his place. Orders passed by the registrar under above section shall be final.

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One thought on “Power of State Government to give Directions in the Public Interest

  1. Dear Sir,
    Our society is planning for self development. is the government circular dated 3 jan 2009 applicable to this process? Our Managing Committee members under guidance from some expert says that this is not applicable since the society is going for self redevlopment. How do we contest this?

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