Who Must Transfer Charge

Chairman, Secretary or Treasurer?

After a successful election in a co-operative housing society, the transition of power and documents from the outgoing managing committee to the newly elected committee is a legally binding and crucial step. This process is clearly defined under the Maharashtra Co-operative Societies Act, 1960 (MCS Act), the Maharashtra Co-operative Societies Rules, 1961 (MCS Rules), and the Model Bye-laws adopted by most housing societies in Maharashtra.

This article outlines the post-election handover process, the legal responsibilities of the outgoing office bearers, and the steps the new committee can take in case of non-compliance.

📅 Legal Framework for Handover

1. Maharashtra Co-operative Societies Act, 1960

Section 160(1): Mandates that the retiring Chairman must hand over all records, assets, and charge of the society to the newly elected Chairman immediately after the new committee is constituted.
Section 160(2): If the outgoing Chairman fails to comply, the Registrar or an authorized officer can issue a written directive for the handover.
Section 160(3): Non-compliance with such directives can result in penalties, including:
- Simple imprisonment up to one month,
- Fine up to Rs. 500,
- Or both, along with forced seizure and handover of society records by the Registrar.

2. Model Bye-laws of Co-operative Housing Societies

Bye-law No. 124: Specifies that:
- The outgoing Secretary shall prepare a complete list of documents and property of the society.
- This list is to be handed over to the outgoing Chairman, who in turn will formally hand it over to the new Chairman.
- This process should be completed in the first joint meeting post-elections.
Bye-law No. 122(b): Requires the outgoing committee to convene a joint meeting with the new committee. If the Secretary fails, the outgoing Chairman or the Registrar must call the meeting.

3. Maharashtra Co-operative Societies Rules, 1961

While the rules primarily support the electoral process, they also empower the Registrar to ensure proper constitution and functioning of the newly elected committee.

🔧 Step-by-Step Handover Process

✅ Step 1: Preparation by Outgoing Secretary

Compile a complete list of all files, registers, passbooks, bank documents, audit reports, property papers, legal case files, service agreements, and any other society-related assets.
Prepare an index with file numbers and descriptions.

✅ Step 2: Transfer to Outgoing Chairman

The Secretary officially submits the compiled list and documents to the outgoing Chairman.

✅ Step 3: Formal Handover to New Chairman

In a joint meeting, the outgoing Chairman hands over the charge and documents to the newly elected Chairman.
A Roznama (minutes of the meeting) should be prepared documenting the handover.

✅ Step 4: Registrar Intervention (If Required)

If the outgoing Chairman refuses to hand over the documents:
- The new committee should submit a complaint to the Deputy Registrar under Section 160 of the MCS Act.
- The complaint should include a list of available documents and a list of missing items.

✅ Step 5: Appointment of Authorized Officer

The Deputy Registrar may appoint an Authorized Officer to:
- Verify the submitted lists,
- Conduct the handover formally,
- Record the process in the Roznama.

✅ Step 6: Recovery and FIR

If the ex-Chairman continues to obstruct the process, the Registrar may:
- Order seizure of records,
- Authorize an FIR to be registered against the ex-Chairman at the local police station.

🖊️ Key Takeaways for Societies

The handover is a statutory obligation, not a formality.
The outgoing Chairman and Secretary hold legal responsibility for proper transition.
Failure to comply can attract legal action and criminal liability.
The new committee must document and follow the process precisely to avoid future disputes.

📄 Suggested Subject for Official Communication

Subject: Request for Verification, Recovery, and Official Handover of Society Documents Under Section 160 of MCS Act, 1960

For more legal guidance or templates for Registrar complaints and handover roznama formats, contact the CS Lawship Team at info @ cslawship.in

Disclaimer: This article is for educational purposes. Please consult a qualified legal advisor for society-specific matters.