a) As per provisions of section 10 of the Maharashtra Ownership Flat Act, 1963 and rule 8 thereunder, it is obligatory to apply for registration of co-operative society or Association of Apartment within four months from the taking possession of galas by holders.
					            
b) Apply for name reservation and getting permission for opening bank account in the name of the proposed cooperative housing society by the builder/ promoters/chief promoter to the Registrar of Co-operative Societies concerned.
					         
					      

 
                        

                           a) Convene primary meeting of promoters.
                           b) Select Chief Promoter from among the promoter members, or Builder/Promoter can be the Chief Promoter.
                           c) Authorize Chief Promoter for submitting the proposal and make necessary compliances for name reservation and getting permission for opening the bank account. 
                        
                     

 
                        

                           1. Application in prescribed format 
                           2. Copy of the minutes of primary meeting of promoters including resolution regarding electing Chief Promoter  
                           3. Copy of commencement certificate 
                           4. Copy of building completion certificate given by the Architect
                           5. List of the promoter members 
                        
                     

 

a) It is necessary to submit the proposal for registration of society within three months of the date of getting permission for opening bank account by reserving the name of the proposed society. 
b) For registration, the Chief Promoter should submit following documents to the Registrar:

•	Application for registration in prescribed Form-A 
•	Information of proposed society in prescribed Form-B  
•	Information of Promoter Members in prescribed Form-C   
•	Accounts statement in prescribed Form-D  
•	Detailed scheme of the proposed society and its nature 
•	Statement of bank balance in the account of proposed society 
•	Original chalan of payment of registration fee in the Government Treasury. 
•	Copy of the Sale Deed or Development Agreement executed between original land owner and builder/promoters. 
•	Copy of the 7/12 extract or property registration card. 
•	Copy of the Power of Attorney given to the builder promoters by the original landlord(s) 
•	Copy of the NOC from the Charity Commissioner if the land is of Public Trust 
•	Copy of the land search and title report of advocate 
•	True copy of the construction lay out approved by the Municipal Corporation or competent local body 
•	Copy of the permission for commencing construction and/or completion certificate issued by the Municipal Corporation or competent local body 
•	Architect certificate endorsing construction of building(s) of the proposed society 
•	Affidavits of at least five promoter members on the stamp paper stating that they are residing in the jurisdiction of the society and there is no residential house, open plot in their name in the jurisdiction of the society 
•	Guarantee letter of the Chief Promoter on the stamp paper in the prescribed format 
•	Guarantee letter of the builder promoters on the stamp paper in prescribed format 
•	Copy of the registered agreement executed between the builder promoters and gala/tenement holder 
•	Copy of the receipt of registration fee of the gala/tenement and stamp duty or Index II
•	Signature of minimum five promoter members at the end of model bye laws 

 

  1. Tenant Ownership Co-operative Housing Society - land is held on lease or independently by the society and houses are owned by the members. 
  2. Tenant Co-partnership Co-operative Housing Society - land and houses are owned by the society and houses are allotted to the members. 
  3. Other Co-operative Housing Societies - House Mortgage Society, House
building Society etc

 

  Main objects of the formation of a Housing Society are as under: 
 
•	To obtain conveyance from the owner/Promoter (Builder), in accordance with the provisions of the MOFA Act and the Rules made there under, of the right, title and interest, in the land with building/buildings thereon as described in the application for registration of the Society. 
•	To manage, maintain and administer the property of the society. 
•	To raise funds for achieving the objects of the society. 
•	To undertake and provide for social, cultural or re-creative activities on its own or jointly with cooperative institution. 
•	To do all things, necessary or expedient for the attainment of the objects of the society, as specified in the bye-laws. 

 

 The Area of Operation of the Society is confined to the area in which it is located.  The Society has to specify its Area of Operation in its Bye-laws. 

 

 “Chief Promoter” is a person elected by the Promoters in the first meeting of promoter members or in subsequent meetings, till the first general meeting of the newly registered Society

 

 “Promoter” is a person, who signs the application for registration of the Society before the Registering Authority.

 

“Builder- Promoter” means a person who constructs or causes to be constructed a block or building of flats or apartments for the purpose of selling some or all of them to other persons. Where the land owner gives the development rights of his plot to any other builder for constructing the building of the Society, the land owner and the builder both will be clubbed under the term Builder-Promoter. 

                    

 

Minimum 51% purchasers or promoter members are required to participate in the registration proposal.

 

 

  Signatures of minimum 51% promoter members are necessary.

 

Yes. But, in any case number of members should not be less than five.

 

a) The gala/tenement holders should convene primary meeting of
promoters and elect Chief Promoter from among them.
b) Gala/tenement owners should give notice to the Builder/Promoter as per
conditions of the agreement through Chief Promoter for forming the society.
c) If the Bulder/Promoter fails to form the society or refuses to do so or
does not cooperate in forming the society in stipulated time period, then the Chief Promoter can submit proposal for name reservation of the proposed society and opening bank account to the Registrar along with the copy of the notice issued to the Builder/Promoter along with other relevant documents. 
d) Registrar shall issue notice to the Builder/Promoter and Chief Promoter
of the proposed society to present their side and take decision on such proposal.
e) After permission of the Registrar, the Chief promoter will open bank
account and subsequently submit registration proposal to the Registrar along with the following documents.  

1. Application in format VI as per provision in the Maharashtra ownership Flat Act 1963 and rules 1964. 
2. Guarantee bond of the chief promoter on stamp paper in prescribed format. 
3. Affidavit of the chief promoter on the stamp paper in prescribed format and relevant details of the gala no., name of the purchaser, area of the gala, price of the gala, amount given to the builder promoters for registering the co-operative housing society. 
4. Indemnity bond by all gala holders on the stamp paper in the prescribed format. 
5. Copies of the tax bill issued by the Municipal Corporation or competent local body to each gala holder. 

    

 

          As prescribed. At present the registration fee is as under: 
          1. Tenant Ownership/Co-partnership Coop Housing Society - Rs. 2,500/- 
          2. Other (general) Co. Operative societies - Rs. 2,500/- 
          3. Housing Societies of backward class and Lok Awas Yojana – Rs. 50/-

 

  Applicable in case the Authority who gives the financial assistance or land to the society lays down such condition

 

  Yes

 

The said act of the Chief Promoter is an offence under the provisions of Maharashtra Coop. Societies Act, 1960. The Chief Promoter shall be liable for prosecution with the prior permission of competent authority. 

 

  It is an offence under the Maharashtra Coop. Societies Act, 1960.Prosecution can be filed against such person with the prior permission of competent authority.

                     

                        Chief Promoter can withdraw money deposited in the bank before registration of society with the prior permission of the Registrar
                     
                      

                     

                        In such case the said registration proposal should be submitted by the
Registrar concerned to the next Senior Officer within the 15 days of expiry of the two months period. If the Senior officer not gives his decision on registration proposal within a period of two months, then that society is deemed to be registered under the provisions of MCS Act, 1960

                     
                      

                     

                    Aggrieved party can prefer an appeal before the Divisional Joint Registrar,Cooperative Societies.
                     
                     

 


1. The Society may change its name by passing resolution at General
Meeting and with the approval of the Registrar. 
2. The Registrar shall enter the new name in its place in the register of Societies and shall also amend the certificate of registration accordingly. 
3. Every change in the name of a Society shall be made by an amendment of its Bye-laws and shall be notified in the Official Gazette.

 

1. The society shall communicate in writing to the Registrar its postal
address as indicated in its Bye-laws.
2. The Society shall also send a copy of the resolution passed by it for adoption of the address communicated to the registrar. 
3. The Registrar shall register the address communicated by the Society and inform the Society of such registration. 
4. Any such change shall not be treated as registered unless it is indicated in the Bye-laws by amending them. 

Within 30 days.

 

As per section 21A of the MCS Act, a society can be deregistered under following circumstances: 
1. Registration on misrepresentation made by the applicant,  
2. Work of the society is completed or exhausted, 
3. Purposes for which the society has been registered are not served. 

 

As per section 21 of the MCS Act, registration of the society can be cancelled under following circumstances:  
1. If the society transfers all its assets and liabilities to another society,  
2. If the society is amalgamated with another society, 
3. If the society is divided in two or more societies,  
4. If the affairs of the society are wound up. 

 

The registration of a Society renders it to be a body corporate by the name under which it is registered, with perpetual succession and common seal and with power to acquire, hold and dispose of the property, to enter into contracts and other legal proceedings and do all such things as are necessary for the purpose for which it is constituted

 

The Common Seal of the Society has to be kept in the custody of the Secretary of the Society and has to be used under the authority by means of a resolution of the Committee and the deeds of conveyance, share certificate or any other documents, to which the seal is affixed on behalf of the Society, which shall be attested by the Chairman, the Secretary and one member of the committee, authorized by the committee in that behalf.

 

The Chairman of the Society shall have the power of overall superintendence, control and guidance in respect of management of the affairs of the society. In case of any emergency, the Chairman of the society may be competent to exercise any of the powers of the committee. However, while doing so he shall record the reasons thereof in writing. Any decision, so taken by the chairman of the society shall got ratified in the next meeting of the committee.

 

The duties of the secretary of the society shall be as under: 
 
•	To issue share certificates to members in the prescribed manner. 
•	To deal with resignations from members, including associate and nominal members. 
•	To enter nominations and revocations thereof in the Nomination Register. 
•	To inspect the property of the society.  
•	To issue notices regarding repairs to be carried out in flats. 
•	To deal with cases of expulsion of members.  
•	To deal with cases of cessation of membership.
•	To deal with the applications received by the society. 
•	To prepare and issue demand notices/bills for payment of the society charges. 
•	To bring to the notice of the Committee cases of defaults in payment of the society charges. 
•	To issue notices and agenda of all meetings in consultation with the chairman. 
•	To attend and record the minutes of all committee meetings and General Body Meetings of the society. 
•	To call the first meeting of the newly constituted Committee. 
•	To maintain account books, register and other records of the society. 
•	To finalize account of the society in the required manner. 
•	To produce records of the society before different authorities. 
•	To prepare the audit rectification reports. 
•	To bring breaches of the bye-laws by the members to their notice. 
•	To discharge such other functions under the Act, Rules and the Bye-laws of the society and as per directions of the Committee and the general body. 

                      

 

The powers and functions of the committee are as under:  
 
•	To consider acceptance of deposits from members and raising of funds.  
•	To consider and recommend to the meeting of the general body, the rates of contribution of the Repairs and Maintenance Fund and the Sinking Fund. 
•	To consider all matters relating to the creation, investment and utilization of the Repairs and Maintenance Fund, Reserve Fund and Sinking Fund. 
•	To consider and decide the resignations received from members. 
•	To take action on the report of the Secretary on inspection of the flats. 
•	To take action on cases of admission, transfer and cessation of membership. 
•	To consider and decide the applications received by the society. 
•	To consider and decide cases of refund of shares & interest in the capital/property of the society where the shares and interest in the capital/property are acquired by the society.
•	To fix the society's charges in respect of every flat as per bye-laws. 
•	To review the position of recovery of the charges due to the society from the members and to initiate action against defaulting members. 
•	To authorize a member of the committee to attest deed of conveyance, share certificates and any other documents. 
•	To issue letters of allotment of flats. 
•	To make available papers of the society for perusal of members 
•	To ensure holding of every annual meeting of the general body within the prescribed period. 
•	To call a special meeting of the general body when required. 
•	To arrange for election of a new Committee prior to the expiry of the period of the existing committee. 
•	To ensure the constitution of newly elected committee. 
•	To elect office-bearers of the society.  
•	To fill in vacancies of the Committee.  
•	To consider resignation of a member/office bearer of the Committee. 
•	To obtain securities from the paid employees of the society. 
•	To approve the audit rectification reports and submit it to the authorities concerned. 
•	To execute deed of conveyance of the land and building / buildings thereon. 
•	To take steps to maintain the property of the society in good condition. 
•	To insure the property of the society. 
•	To suggest to the general body meeting the rates of penalties for breaches of bye-laws and to issue show cause notices.
•	To ensure that the society is affiliated to Housing Federation. 
•	To consider and decide any other matters provided under the Act, Rules and Bye-laws of the society not expressly indicated herein above. 

  
                     

 

On receipt of the applications, the Secretary of the society, has to scrutinize and any shortcomings therein should be brought to the notice of the concerned within 7 days for compliance. 

 

The Secretary has to place all the applications before the Committee or the general body, as the case may be

 

The committee or the General Body, as the case may be, takes decision on the applications received from the members.

 

All the applications received by the society should be disposed of within a maximum period of 3 months from the date of its receipt. 

 

The Committee has to record the reasons for the rejection of the application in the minutes of its meeting and communicate the decision to the applicant concerned.

 

The Secretary of the Society has to communicate the decision of the Committee or the General Body, as the case may be, to the applicants concerned within 15 days. Where the application(s) are rejected, the society has to give reason thereof to the applicant.  

 

“Member” is a person who joins in an application for the Registration of a Society which is subsequently registered, or a person who is duly admitted to membership after the Registration of the Society and it includes Joint, Associate and/or Nominal member.

 

There are three types of membership of Housing Societies. 

1. Associate Member – Means husband, wife, father, mother, brother, sister, son, daughter, son in law, daughter in law, nephew, niece, a person duly admitted to membership on written recommendation of a member to exercise his rights and duties with his written prior consent. Name of the associate member does not stand in the share certificate.

2. Joint Member – means a person joining in an application for the registration of society jointly or a person who is duly admitted to membership after its registration and who holds share, right, title and interest in the flat jointly. Name of Joint Member does not stand first in the share certificate.
  
3. Provisional Member – means a person who is duly admitted as a member of Society temporarily after death of a member on the basis of nomination till the admission of legal heir(s) as the member of the society.  

 

An individual person who is competent to contract, a firm, company or any other body corporate constituted under any law for the time being in force, a society registered under Societies Registration Act 1860; State Government or the Central Government; Local Authority; Public Trust registered under any law for the time being in force; the depositor or the financial service user can be admitted as member of the society. 
It is necessary to attach resolution of concerned company, firm, trust local authorities etc with the application of membership.   

 

If the society refuses to accept the application for membership, the person concerned can submit such an application to the Registrar concerned for forwarding the same to the society through his office. 

 

a) An eligible person may tender an application in prescribed form together with the payment in respect of membership, if any, to the Registrar,
b) The Registrar shall forward the application and the amount, if any, so paid, to the society concerned within 30 days from the date of receipt of such application and the amount,
c) if the society fails to communicate any decision to the applicant within 60 days from the date of receipt of such application and the amount, the applicant shall be deemed to have become a member of such society.
d) The question of such deemed membership shall be decided by the Registrar as per law.

 

a) A person aggrieved by the decision of a society refusing him to admit as member may appeal to the Registrar within 60 days from the date of decision of the society.
b) Appeal shall be disposed of by the Registrar within a period of three months and communicate his decision to the parties within 15 days from the date thereof.

 

A member can exercise his right membership only after paying necessary fee to the society.  Even if an application for membership of society is given and the society also approves membership, the right of membership cannot be exercised till payment of necessary fee is made. 

 

More than 50 percent membership cannot be given to the firms, companies and autonomous bodies in a cooperative housing society. 

 

 

A minor or a person of unsound mind who inherits shares and/or interest of a deceased member in the capital/property of the society, or if a minor or person of unsound mind is nominated, he may be eligible for admission to membership of the Society through his guardian or legal representative, or through an application in the prescribed form, along with submission of proper undertakings/declarations, in the prescribed forms

 

In case of a society given land by the Government/CIDCO/MHADA or any other authority for constructing houses thereon, then notwithstanding anything contained in the bye-laws, admission of a person to membership of the Society directly or as a result of transfer of shares and interest of the existing member in the capital/property of the Society, shall be subject to the approval of the concerned competent authority

 

The number of members in the Society is limited to the number of flats constructed in the building. Members in excess of the number of flats shall neither have any right, title or interest in the society’s property nor shall they be eligible for voting. It is binding on the committee to induct the members to the extent of the number of flats. 

 

Person whose name appears first on the share certificate can exercise membership rights.

 

If A gives NOC, then only society can admit B as joint member.

 

No.  Society cannot grant membership on the basis of Power of Attorney

 

No. After death of “A”, name of “C” shall appear first on the share certificate. 

 


In the absence of original member, an associate or joint member can exercise the rights of member with his express consent member.

 
 

No. Transfer Premium cannot be charged while transferring the gala in the name of person in the family

 
 

Law does permit for such transfer in a period less than one year. 

 

The Associate, Joint or Provisional member may be given the right to occupy the flat with the consent of the member and permission from the Society

 

An Associate and Joint Member can resign from his membership by submitting a letter of resignation to the Society, through the original member

 

 The Secretary of the Society has to place the letter of the resignation submitted by the Associate and/or joint member duly recommended by the member before the Managing Committee for decision and communicate the decision of the committee to the concerned within 15 days.

 

  Yes, in the absence of the original member and with his written consent, an Associate and/or joint member can take part in the proceedings of the society.

 

Any Sub-lettee, a licensee, or a care-taker, or occupant who applies through the original member for such membership in the prescribed form along with requisite entrance fee may be admitted as nominal member of the Society

 

 

 No. A nominal member cannot any rights of a member of the Society

 

 

A Nominal Member can resign by writing a letter of resignation to the Secretary of the Society through the concerned member. 

 

 A member may resign his membership after giving notice of three months in the prescribed form to the Secretary of the Society

 

 

Transfer Fee is the sum of money payable by a transferor to the Society for transfer of his shares along with occupancy right

 

 

Transfer Premium means and includes an amount payable to the society by the member who is transferring his shares and interest in the capital/property of the Society, in addition to the transfer fees to be paid by him.

 


A member who desires to transfer his shares and interest in the capital /property of the Society has to give 15 days notice of his intention to do so to the Secretary of the Society along with the consent of the proposed transferee in the prescribed form. 

 

 

A member has to apply to the Society for NOC and the Society has to take decision on the same within a period of one month from the date of application.
 

 

 

 The Transferor/Transferee has to submit following documents: 
 
•	Application for transfer in the prescribed form along with the original share certificate;
•	Resignation of outgoing member in the prescribed form; 
•	Registered agreement duly stamped;
•	Reasons for proposed transfer; 
•	Undertaking to discharge the liabilities to the society by the transferor; 
•	Payment of the transfer fee;
•	Remittance of the entrance fee payable by the proposed transferee; 
•	Payment of transfer premium;
•	No Objection Certificate, required under any law for the time being in force or order of sanction issued by the Government, any financing agency or any other authority; 

 

 

a) On receipt of the application for transfer, the Secretary of the society
shall scrutinise it and bring to the notice of the member concerned any short comings therein within 7 days;
b) The Secretary shall place the application before the meeting of the
Committee or the general body, as the case may be;
c) The committee or the General Body, as the case may be, shall consider the application at its meeting and take decision thereon; 
d) The committee shall ensure that all the applications received by the Society are disposed off within a period of three months from the dates of its receipt; 
e) If the Committee or the General Body, as the case may be, rejects application, it shall record the reasons for rejection of the same;
f)  The Secretary of the society shall communicate the decision of the society to the applicant concerned within 15 days. Where the application is rejected by the society and the decision is not communicated to the applicant within three months from the date of receipt of application for membership, the applicant shall be deemed to have been admitted as a member of the society as per law.

 

A society can refuse membership on the ground of non-compliance of the provisions of the Act, Rules and the Bye-laws of the Society or any other law or order issued by the Government.

 

Any transfer which is made in contravention of the Act, Rules or the bye laws is deemed to be unauthorised and void and will not be effective against the society.

 

The transferee will be eligible to exercise the rights of membership after he is duly admitted as member in place of outgoing member.

 

 The members, desiring to exchange their flats, have to make a joint application to the Secretary of the society, containing the following details:
  
•	The names of the members concerned; 
•	The distinctive numbers of their respective flats; 
•	The carpet areas (in sq. meters) of their respective flats; 
•	The building number/numbers and name/names of the building/buildings in which their respective flats are situated; 
•	The reason for exchange of flats; 
•	Registered Deed of exchange with the receipt of stamp-duty paid.

 

The term ‘Family’ in respect of a Co-operative Housing Society means group of persons, which includes husband, wife, father, mother, sister, brother, son, daughter, son-in- law, brother-in-law, sister-in-law, daughter-in-law, grandson and granddaughter

 

A member of the Society can, nominate a person or persons, to whom the whole or part of the shares and/or interest of the member in the capital/property of the Society shall be transferred in the event of his death by submitting a nomination form to the Society, in the prescribed form. 

 

No fee is charged for recording of the first nomination. In case of subsequent nominations by a member, every fresh nomination will be charged with a fee as prescribed in the bye-laws. 
  

 

A member can revoke or change his nomination at any time by making an application in writing to the Society. The acknowledgement of the change in nomination/subsequent nomination by the soiety is deemed to be the cancellation of the earlier nomination
 

 

The Secretary of the Society, on receipt of the nomination form or the letter of revocation of earlier nomination, will place the same before the meeting of the Committee for recording the same in the minutes of the committee. 

 

The nomination or revocation received thereof has to be entered in the register of nominations by the Secretary of the Society within 7 days of the meeting of the committee, in which it was recorded

 

On the Death of a member, the society has to transfer the shares and interest of the deceased member in the Society to the nominee(s) and in the proportion with the shares and interest held by the deceased member, in case the property is purchased by the member and associate member jointly.

 

The nominee(s) have to submit an application for membership, within six months after the death of a member.

 

Where number of nominees is more than one, on the death of the member,the nominees have to submit a joint application to the Society and indicate the name of the nominee who has to be enrolled as a member.  The other nominees can be enrolled as Joint/Associate members. 

 

The Nominees have to file an indemnity bond in the prescribed form undertaking to indemnify the society against any claims made to the shares and the interest of the deceased member in the society by any of them, in case where only one nominee is indicated by the Nominees for membership of the Society. 
  

 

If there is only one heir/legal representative of the deceased member and he is demanding payment of the value of the shares and interest of the deceased member in the capital/property of the Society, the Society acquires the same and pays him the value thereof after obtaining the indemnity bond.

 

If there are more than one heirs/legal representatives and they are demanding payment of the value of shares and interest of the deceased member in the Society, the Society can acquire the same and pay them the value thereof in equal proportion after obtaining the indemnity bond from all the heirs/legal representatives. 
 

 

Transfer of membership in the name of the person nominated in the nomination form does not mean total ownership rights transferred in the name of nominee. The membership given as per nomination is an arrangement for correspondence after the death of a member. A person who obtains membership as per nomination is treated as trustee. The other persons by taking their claim as legal heir of deceased member before the competent authority and by acquiring their ownership right in the property can inform the society and claim membership

 

If a person dies without making nomination, then the society should have to put notice on the notice board of the society and publish a notice in at least two local newspapers calling for claims, objection regarding property of the deceased member.  Considering the claims received after issuing notice, the society can take decision of giving membership to such claimant person by taking Indemnity Bond and application for membership. However, if there are more than one persons, they should give joint application to the society. As mentioned in the application, society should have to give membership to one of them and joint/associate membership to others.

 

In the event that there is no claimant approaching the Society for transfer of the shares and interest of the deceased member in the Society belonging, such shares and interest of the deceased member shall vest in the Society. 

 

a) A member has to apply in prescribed format to the Society and state his
intention to sub-let his flat.
b) With the prior permission of the society, he/she can sub-let his flat on leave and license basis or care-taker basis.
c) The sub tenant has to give an undertaking to the society that he will abide by the rules and regulations of the society.
d) An application for nominal membership should be taken from the sub tenant.
e) The member concerned shall be responsible to pay the maintenance charges along with non-occupancy charges for the period during which sub tenant stays in his flat.
f) The member concerned shall furnish copy of leave and license agreement to the society.

 

Society cannot levy non occupancy charges to the family members (as defined in the bye-laws) of a member.

 

The person shall cease to be the member of the Society in the following circumstances: 
 
•	On his resignation from membership of the Society. 
•	On transfer of all his shares and interest in the capital/property of the Society. 
•	On his death. 
•	On his expulsion from the membership of the Society. 
•	On being adjudged as an insolvent or legally disabled from continuing as member. 
•	On the cessation of right/title and interest as a member in the property of the Society by way of legal attachment or sale. 
 

 

A person will cease to be an Associate member of the Society;
 
•	when original member ceases to be member of the Society,
•	on his death,
•	after his resignation.  

 

A nominal member, who is occupying flat on behalf of the firm, company or any other body corporate, shall cease to be such member of the Society in the following circumstances: 
 
•	On his death, 
•	After his resignation, 
•	On the cessation of membership of the original member on whose behalf he occupies the flat in the Society, 
•	On intimation from the original member regarding termination of the occupant's nomination

 

The nominal member, who is a sub-tenant/leave and licensee or care taker
shall cease to be such member of the Society in the following circumstances: 
 
•	On his death; 
•	On his resignation; 
•	On the cessation of the membership of the original member; 
•	On the expiry of the period for which the flat was permitted to be sub-let /given on leave and license or care-taker basis. 
 

 

The Committee shall record the facts of cessation of membership of a member, Associate, Joint and Nominal member in the minutes of its meetings and accordingly the Secretary of the Society shall inform the concerned member in writing within seven days from the date of such decision. 
 

 

A member who has been removed from the membership has to give possession of the flat to the secretary of the society.
 

 

A member expelled from the membership, will not be eligible for re admission to membership in the society, until expiry of the period of one year from the date of his expulsion

 

The society may initiate action as prescribed under section 35 of the Maharashtra Coop. Societies Act and Rule 29 and submit the proposal for approval to the Registrar. After approval of the Registrar the member is expelled from the society.

 

The society can take possession of the gala of expelled member as prescribed in the bye-laws and as per law

 

 

An expelled member ceases to be the member of the society with effect from the date on which the resolution of expulsion is approved by the Registering Authority. The society shall forfeit the shares of expelled member.

 

In case of expulsion of a member from the membership of a Society, it involves forfeiture of the shares held by the member.  
 

 

Committee means the managing Committee or other governing body of a society to which direction and control of the management of the affairs of the society is entrusted. 

 

Provisional committee is appointed in the first general meeting of the society convened within three months from the date of its registration. The term of provisional committee shall be one year from the date on which it has been first appointed or till the date on which regular committee is duly constituted, whichever is earlier.
 

 

The tenure of the committee is five years from the date of its first meeting. 

 


A person shall be ineligible to be appointed, nominated, elected, co-opted for being a member of Committee;-  
 
•	If he is defaulter of any society, 
•	If he carries on business of letting, subletting and selling of flats in the housing society of which he is a member,  
•	If he has been held responsible under section 79, 88, 154B-8(2) or 154B-27 or for payment of cost of enquiry under section 85 of the MCS Act, 
•	If he has incurred any disqualification under MCS Act or Rules, 
•	If he incurs disqualification similar to that mentioned in clause (vii), (viii) or (ix) of clause (f) of sub-section (1) of Section 73CA of the MCS Act. 

 


Yes. Any eligible Ex-committee member can contest the election. 

 

Yes. He can contest election. 

 

In such case the concerned member loses his right to continue as committee member and he can be removed from the Committee by the registrar. 
 

 

When the dues are outstanding, the concerned committee member is disqualified to continue as a committee member. After paying all dues, such member is eligible for re-election or co-option. 
 

 

The Committee cannot remove a committee member in such manner. 

 

Appeal can be made before the Registrar within three days from the date of rejection of nomination under section 152A of MCS Act. Registrar has to give decision within seven days on such appeal. 
 

 

a) No confidence resolution can be moved by the Committee members against the President or Chairman, Vice Chairman, Secretary and Treasurer. The concerned office bearer can be removed from his office by passing a resolution in the Committee meeting by 2/3rd majority. The procedure for the same is given in Section 73 ID and rule 57A.
b) Once a no-confidence motion is rejected, it could not be moved for six months from the date of resolution. 
 

 

No.
  

 

As per law only one managing committee can work in a society.

 

Yes. Society can constitute sub-committees for managing its affairs, but the decisions of sub-committees needs to be ratified by the Committee. 

 

An authority prescribed in the laws of the society can accept the resignation of the chairman. 
  

 


In such a situation the Registrar can appoint as administrator. 

 


Act is silent on this issue. However, if the decisions taken are in conformity with the provisions of Act, Rules and Bye-laws, it cannot be called in question. 
 

 

If the decisions are taken within their authority and as per law, the same cannot be called in question.  

 

On an application of the office bearers of newly elected committee,Registrar shall take statutory action to get the record from the custody of outgoing committee with the help of Executive Magistrate and Police Authorities. under section 80 of the MCS Act

 

The Committee members can make a requisition for the meeting. In spite of this meeting is not convened by Chairman/Secretary, they can file an application to Registrar. Registrar shall take statutory action against the Chairman/secretary.
  

 


Yes, if the bye-laws of the society provides for the same

 

Member are either co-opted in the committee on vacant post on account of death, resignation, disqualify, dismissal of a committee member as per law and/or election can be held for vacant post. vacant. 
 

 


 When the new Committee is elected, the Secretary of the outgoing Committee prepares the list of papers and property of the Society in his custody and hands over the charge thereof to the outgoing Chairman. The outgoing Chairman then hands over the charge and all papers and property of the Society, in his possession to the Chairman of the new Committee.

 

Following are the circumstances where may be appointed:
 
•	Mismanagement, breach of provisions of Act, Rule and Bye-laws;
•	Functioning of the society has come to sandstill on failure of committee member to discharge their duties;
•	Serious financial irregularities or frauds identified;
•	Perpetual lack of quorum 
•	Failure to elect committee;
•	Term of the existing committee expired, election is held and there is failure to members required to fill vacancies;
•	Stalemate in the constitution or committee has ceased to function and vacuum is created in management;
•	Committee is prevented from entering upon office;
•	A new committee has failed to enter upon office on the date on which term of existing committee expired;
•	Where more than one group of persons in a society is claiming to be elected and proceedings in this respect have been filed in cooperative court
 

 

A society has to prepare financial statements within 45 days after end of financial year (i.e.  up to 15th May every year) by the housing society. If it is not possible to prepare financial statement upto 15th May, the Committee of the society has to get extension from the Registrar
 

 

After preparation of financial statements, it should be submitted in the office of Registrar and to the Statutory Auditor of the society within 15 days. Thereafter, the financial statements should be made available for inspection of the members in the office of the society. 

 

The financial statements are required to be published before 14 days of the date of Annual General Body Meeting.
 

 

In such case Registrar has to take statutory action against the Committee of the society.
 

 

Following record is required to be maintained by the society. 
 
•	Member Register – I form 
•	Members List – J form 
•	Cash Book 
•	General Ledger 
•	Personal Ledger 
•	Property Registrar 
•	Share Registrar 
•	Sinking Fund Registrar 
•	Record of Rectification in audit faults. 
•	Investment register 
•	Nomination Register 
•	Loan Register 
•	Mortgage deed register
•	Minutes Book of the Managing Committee Meeting. 
•	Minutes Book of the General Body Meeting 
•	Deposit register 
•	Dead stock register 
•	Record book of the book 
•	Register of flats/ galas allotment 

 In addition the society can maintain additional record books as necessary. 

 

Documents necessary to be kept by the society:
 
•	all type of membership applications. 
•	Transfer of membership applications. 
•	Applications of resignations of the member. 
•	Documents in respect of expulsion/removal from membership. 
•	Nomination applications
•	Correspondence with Registrar. 
•	Correspondence with various authorities for essential services. 
•	Document regarding property conveyance. 
•	Correspondence regarding repairing /Tenders, bills etc. 
•	Application and correspondence regarding transfer of Flats. 
•	Correspondence regarding allotment of flat. 
•	Correspondence regarding allotment of parking place. 
•	Vouchers. 
•	Counter file of the bank’s challan 
•	Counter file of the cheque and share certificates.  
•	Correspondence regarding issuing of duplicates share certificates. 
•	Registration Certificate. 
•	Correspondence with Registrar regarding amendment in the bye laws. 
•	Counter file of the receipt book. 
•	Copy of the bill issued to the members. 
•	Correspondence in respect of the loan if taken. 
•	Agenda of the meetings and notices of the society. 
•	Annual working report of the managing committee. 
•	Audit report 
•	Audit Rectification Report and its correspondence. 
•	All Record of the election as per election rules. 
•  Correspondence with advocate of the society. 
•	Bill and receipt of the legal fees given by the advocate. 
•	Original file submitted at the time of registration of society. 
•	Judicial claims filed by the society or against society and its papers

 

It is necessary to write the minute of the society in vernacular or English language.
 

 

Duly elected or appointed Committee or Administrator, as the case may be. 

 

The bank account of the society is operated by joint signature of Secretary, Chairman, and/or Treasurer or as resolved by the Committee.  

 

Secretary or any other committee member as resolved by the Committee.  

 

It is legitimately obligatory to get audit as per resoultion passed by the general body meeting by the certified auditor from the certified auditor panel approved by the Co-operative department

 

Secretary of the society.

 

The following funds can be constituted by a Society: 

•	Reserve Fund, 
•	Repairs and Maintenance Fund, 
•	Sinking Fund, 
•	Major Repair Funds, 
•	Corpus fund, 
•	Common welfare fund, etc
 

 

The Reserve Fund of the society comprises of the following amounts: 
 
(a) The amounts carried to the said fund, from year to year, out of the net profit of the society; 
(b) All entrance fees from the members; 
(c) All transfer fees from the members on transfer of the shares; 
(d) All premium from the members on transfer of their interest in the capital or property of the society; 
(e) All donations, except those received by it for the specific purpose. 

 

The reserve fund of the society is to be utilized for the expenditure on repairs, maintenance and renewals of the Society's property. 
 

 


A society can create and establish the Repairs and Maintenance Fund by collecting contributions from its members at the rate fixed at the meeting of the General Body subject to minimum 0.75 percent per annum of the construction cost of each flat for meeting normal recurring repairs expenses. 

 

A society can create and establish the Sinking Fund as and when required as decided by the General Body subject to minimum 0.25 percent of the construction cost of each flat per annum. 

 

The Sinking Fund may be used by the society for reconstruction of its building/buildings or for carrying out structural additions or alterations to the building/buildings, as would be necessary to strengthen it or for carrying out such heavy repairs as may be certified by the Architect and on approval of General Body.

 

Major Repair Funds” means a fund created by the society for the purpose of Major Repairs to be done to the Society buildings such as plastering, building of compound wall, pavement, total painting, reconstruction, etc

 

“Working Capital” means the funds which are at the disposal of the society and is inclusive of the paid up capital, share capital, funds created out of profits and money raised by borrowing or by any other means.
 

 

A Society may raise funds in one or more of the following ways: 
 
•	by entrance fees, 
•	by issue of shares, 
•	by loans and subsidies, 
•	by deposits, 
•	by voluntary donations, (except from the Transferor and the Transferee); 
•	by contributions towards cost of building or buildings, 
•	by fee on transfer of shares,
•	by premium on transfer of occupancy rights over the flats, 
•	by any other mode permitted under bye-laws, 
•	by corpus fund from the Developer, 
•	by way of statutory requirement. 

 


The total amount of liabilities of the society shall not exceed the limit as prescribed under Rule 35 of the MCS Rules, 1961

 

Yes. Co-operative Housing Society can accept donations.  

 


The contribution which can be collected from the members of the society
towards outgoings and establishment of its funds, referred to in the bye-laws are termed as 'charges'.  The charges to be collected may be as under: 
 
•	Property Tax, 
•	Water Charges, 
•	Common Electricity Charges, 
•	Contribution to Repairs and Maintenance Fund, 
•	Expenses on repairs and maintenance of the lifts of the Society, 
•	Contribution to the Sinking Fund, 
•	Service charges, 
•	Car Parking Charges, 
•	Interest on the defaulted amount, 
•	Repayment of the installment of the Loan and Interest, 
•	Non-occupancy Charges, 
•	Insurance Charges, 
•	Lease Rent, 
•	Non-Agricultural Tax, 
•	Any Other Charges 
     

 

The service charges of the Society can include the following subject to the provisions of the Act, Rules and Bye-laws of the Society: 
 
•	Salaries of the employees of the Society; 
•	Where the Society has independent office, its property tax, electricity charges, water charges etc.; 
•	Printing, Stationery and Postage; 
•	Travelling and conveyance Allowances to the staff and committee members; 
•	Sitting fees of the committee members  of the Society; 
•	Subscription to the Education Fund; 
•	Annual Subscription of the Housing Federation and any other cooperative institution to which the Society is affiliated; 
•	Audit Fees; 
•	Expenses incurred at meetings of the General Body, the Committee and the Sub-Committee, if any; 
•	Retainership fees, legal charges, statutory enquiry fees; 
•	Common electricity charges; 
•	Any other charges approved by the General Body at its meeting. 

 

 

The Committee shall apportion the Share of each member towards the
charges of the Society as follows: 
 
•	Property taxes: As fixed by the Local Authority. 
•	Water Charges: based on total number and size of taps in each flat. 
•	Expenses on repairs and maintenance of the building/ buildings of the Society: At the rate fixed at the General body from time to time, subject to the minimum of 0.75 per cent per annum of the construction cost of each flat for meeting normal recurring repairs expenses. 
•	Expenses on repairs and maintenance of the lift, including charges for running the lift: Equally by all the members of the building in which lift is provided, irrespective of their usage. 
•	Sinking Fund: As provided under the bye-law. 
•	Service Charges: Equally divided by number of flats. 
•	Parking Charges: At the rate fixed by the society in its general meeting.
•	Interest on the delayed payment of charges: At the rate fixed under the Bye-laws of the society. 
•	Repayment of the installment of the loan and interest: The amount of each installment with interest fixed by the financing agency. 
•	Non-Occupancy charges: At the rate fixed under the Bye-laws or as per directives of the government, whichever is less. 
•	Insurance Charges: In proportion of the carpet areas of each flat. 
•	Lease Rent: The built–up carpet area of each flat. 
•	Non-Agricultural Tax: The built–up carpet area of each flat. 
•	Any other charges: As determined by the Society at its General Meeting. 
 

 

The Committee of the Society shall fix the charges in respect of every flat as provided in the Bye-laws. 

 

The Secretary of the Society shall prepare the bill/demand notice in respect of the charges of the Society payable by the members and issue the same to all the members. Every member of the Society has to pay the amount mentioned therein in the bill/demand notice in full within the stipulated period. 
 

 

A member is deemed to have committed default in payment of charges of the Society, if the payment mentioned in the demand notice/bill is not made within the period mentioned therein. 

 

The Secretary of the society has to bring the cases of defaults to the notice of the Committee for taking further necessary action. 

 

On the Death of the defaulter member of the society, the dues pending in his name can be recovered from his legal heirs or from the occupant of the flat. 
 

 

A member is required to pay a simple interest at the rate as fixed by the General Body of the Society, subject to a maximum 21% per annum, on the charges of the Society, from the date the amount was defaulted till its payment. 

 

Service charges should be charged to all galas in equal proportion.

 

Water charges should be charged as per number and size of the taps made available in each gala. If the water taps are provided to the shop/office, they are liable to be charged for the same. 
 

 

No.

 

A “Parking Space” means any open space which is located within the premises of the society and is earmarked by the Society for the parking of vehicles. 
 

 

Yes. A Member can transfer his allotted parking space/stilts to any other eligible member of the same Society. 

 

The allotment of Parking Space/Stilts is made by the Committee on “First Come First Serve” basis, if the parking spaces are available with them. In such case, the member shall have no right to sell or transfer the said allotted parking space/stilts, to anybody. 

 

A member is not entitled to utilise more parking spaces/stilts than what is allotted to him by the Committee and/or Builder. 
 

 

The society has to number the stilts or the open parking space in such a way that no inconvenience would be caused to any of the members of the Society. The Committee has to ensure that the space is used by the members for the purpose for which it is allotted to them. 

 

A member, who has a motor vehicle, is eligible to have stilts or a parking space

 

In case any stilts or parking spaces remain unallotted, a second or third stilt or parking space may be allotted to a member who has been earlier allotted with the stilt or the parking space. Such allotment of a 2nd or 3rd stilt/parking space can be made on yearly basis, provided the same is not required by another member, who is not having even a single stilt/parking space. 
 

 

When the number of vehicles belonging to the eligible members is in excess of the number of available parking space/stilts, the Committee shall allot such parking space/stilts by 'lot' on yearly basis. 

 

A member, who desires to have a stilt or a parking space, has to make an application to the Secretary of the Society giving necessary details. 
 

 

Every member, who has been allotted the stilt or the parking space is required to pay the parking charges at such rate as decided by the Society.  Where a member is allotted with more than one stilt/parking space, he has to pay parking charges in respect of every such stilt or parking space.

 

Every member, who has a scooter, a motor cycle, or an auto rickshaw has to obtain prior permission of the Committee for the purpose of parking his vehicle in the compound of the society and pay the charges fixed by the Society.  

 

As per development rules, 10 per cent parking place should have to be reserved for visitors/outsiders vehicles. 

 

Yes. Society can take decision in this regard. 

 

The society should issue demand notice to the defaulter member. In spite of demand notice if the defaulter member fails to pay his outsanding dues, the society can initiate action under section 154B-29 of the MCS Act and get recovery certificate from the Registrar against such member. 

 


 Recovery action can be taken by filing a suit in the civil court against the defaulter for recovery of the dues prior to the registration of the Co-Op Housing Society. 
 

 

Dues cannot be withheld by a member on this ground. A member can seek justice by making an application to the competent authority regarding his complaint. 

 

Public Notice should be published by the society in local newspaper for recovery of dues from such member. If there is no response from the member concerned, society may file proceedings for recovery of dues from that member before the Registrar. The membership of such member can also be cancelled as per law. By forfeiting the shares and interest of that member in the capital/property of the society, his dues can be recovered.
 

 

The Society cannot stop water supply of defaulter member.  

 

Member can file complaint before the Registrar or file dispute against the Society in Cooperative Court. 
 

 

Once the membership is cancelled, the society has to seek remedy in Civil Court for recovery of its dues. In case, the membership has been transferred in the name of other person, and there is specific mention in the NOC issued by the society that incoming member is liable to settle the dues, accordingly recovery can be made from the incoming member. 

 

If the sale of flat is done without NOC of the society, and new person has been admitted to the membership of society on the condition that he shall be liable to pay the outstanding dues of outgoing member, then Society can take action against the new member for recovery of dues of outgoing member. 

 

No. The authority to determine and levy any type of charges vests with the general body of the Society. Managing committee has to implement the same.

 
Yes.
 

 

Yes.

 

Yes.

 

Yes.

 

Yes, as approved by the general body of the society in a non-discretionary and non-discriminatory manner
 

 

Procedure for filing recovery proceedings is prescribed in Chapter VIII-A of the MCS Rules, 1961.

 

A member has following rights:

•	Right to possession of his flat, 
•	Right to make co-member/nominal member, 
•	Right to receive copy of bye-laws of the society, 
•	Right to inspect documents of the society and get copies thereof as mentioned in Section 32(2) of the Act, 
•	Right to present in General Body Meeting, 
•	Right to cast vote in the election of the society, 
•	Right to contest election of Committee. 

 

The following repairs and maintenance works shall be carried out by the
society at its costs: 
  
•	All internal roads,
•	Compound walls,
•	External water pipelines, 
•	Water pumps, 
•	Water storage tanks, 
•	Drainage lines, 
•	Septic tanks, 
•	Stair cases, 
•	Terrace and parapet walls
•	Structural repairs of roofs of all flats, 
•	Stair-case lights, 
•	Streetlights, 
•	Outside walls of the building/buildings, 
•	Leakages due to rain water, external common pipe line and drainage line, 
•	Lifts, 
•	Damaged ceiling and plaster thereon in the top floor flats on account of leakage due to rain water through the terrace. 
 

 

A member shall be entitled to receive a copy of the registered bye-laws of the society on payment of the price thereof as per Bye-law of the society. 
 

 

A member, who is deemed to have been allotted the flat in the Society has the right to occupy the flat subject to the terms and conditions set out in the letter of allotment in the prescribed form. 
 

 

An Associate or Nominal member may be given the right to occupy the flat  

 

A member, who is desirous of making any addition or alteration in his flat,has to make an application to the Secretary of the Society, and give him all the required particulars about the additions or alterations intended to be made by him. 

 

A member desiring additional construction work or changes in the construction should have to make application with all necessary details to the secretary of the society. If necessary, permission of the Municipal Corporation / Municipality should be taken. 
 

 

No member, without the previous permission of the committee, in writing,is allowed to stock or store any kind of goods or materials, which are combustible, obnoxious or any other kind of goods for the storing of which permit/sanction of the competent authority is required.  

 

A member is restricted to do anything in his flat which may cause nuisance, annoyance or inconvenience to the other members of the Society or carry on practices which may be repugnant to the general decency or morals of the members of the Society.  

 

Members of the society can inspect and get copies of following documents
after paying the fees as prescribed by the Act, Rules and Bye-laws: 
 
•	Bye-law of the society 
•	Amendment of the bye-laws 
•	Last audited Balance Sheet of the society 
•	Application for membership 
•	Nomination 
•	Share Certificate
•	List of members of the society 
•	Correspondence (related to member) 
•	Minutes of the General Body meetings and Committee meetings 
 

 


 Registrar can call such meeting. 

 

Proceedings to be transacted in the First General Meeting is a follow: 
 
•	To select Chairman of the Meeting 
•	Give membership to eligible members who submitted applications 
•	To approve accounts and report prepared by the Chief Promoter 
•	To constitute ad-hoc committee of the society for one year 

 

Secretary of the Society as decided by the Committee. 

 

In such situation, the meeting can be adjourned and remaining work can be finished within 30 days.

 

Yes.  Adjourned meeting can be convened on the date, time and place as
mentioned in the notice of AGM for which no quorum is required. 
  

 

Proceeding on the subjects dealing with important policy matter and causing for reaching effect like expulsion of member, amendment to bye-laws, division of society, to transfer property of amalgamated society etc. cannot be transacted without giving proper notice.

 

Clear 14 days notice is required to be given.  

 

On or before 30th September every year. 

 

In case of default in calling AGM before 30th September, the Registrar or any other officer authorized by him shall call such meeting.

 

Registrar may by order declare any officer or member of the committee who was duty bound to call such meeting disqualified for being elected and for being any officer or member of the committee for a period not exceeding five years. If the person is servant of the society, Registrar may impose a penalty of Rs. 5000/-. Before making such order, Registrar shall give reasonable opportunity of hearing to the concerned person(s) by issuing show cause notice.
 

 

A dispute can be raised by filing a suit in Co-operation Court for challenging the resolution passed in AGM. 

 


 Within 45 days after 31st March of every year. 

 

7 days. 

 

Special General Meeting can be called;

•	By the chairman or by the majority of the Committee,
•	On requisition in writing by one fifth of the members of the society,
•	At the instance of Registrar,
•	At the instance of federal society to which the housing society is affiliated.

  

 

Once resolution is passed in AGM or SGM, it cannot be modified or cancelled within a period of six months from its passing. 
 

 

This cannot be the ground to term the said meeting as invalid.

 


 Cooperative Court has the authority to decide on these issues
 

 

Chief Promoter of the society shall convene the first general body meeting. 

 

 First general body meeting of the society should be called within three months from the date of registration. 

 


  Agenda of the first general body meeting should be as follows: 
 
•	To elect President of the meeting, 
•	Admission of new members,
•	Receiving a statement of accounts and reporting all transactions entered into by the promoter up to 14 days before meeting,
•	Constitution of provisional committee till regular elections are held,
•	Fixing the limit up to which the funds may be borrowed,  
•	To give power to the provisional committee for getting papers like conveyance, ownership rights from developer, 
•	To put restrictions on the loan amount to be raised from outside, 
•	Any other matter which has been specifically mentioned in the Bye-laws. 
  

 

It is obligatory to transact following business in the AGM: 
 
•	To read and approve the minutes of the last general body meeting, 
•	To consider and approve the working report of the managing committee and financial statements of the society, 
•	To consider the statutory Audit Report, 
•	To declare the election result if election was conducted on that year, 
•	To appoint internal auditor if necessary and to approve his remuneration,  
•	To appoint statutory auditor for next year,
•	To consider and approve amendment in bye laws of the society, 
•	To consider and take decision on major repairs to be carried out by the society,
•	To consider and approve the modifications in service charges and other charges, 
•	To consider and decide any other matter with the permission of chair
  

 

If the committee of the society fails to call SGM then Registrar can call such meeting by appointing authorized officer.  

 

It is the responsibility of the Committee to maintain the property of the Society in good condition at all times. 

 

The Committee is competent to incur expenditure on the repairs and maintenance of the property as provided in the bye-laws and/or as approved by the general body of the society: 

 

Yes. The meeting of the general body can decide: 
 
•	The limit up to which the expenditure on repairs and maintenance of the property of the society could be incurred by the Committee without calling for tenders,
•	The works, which exceeds the limit so fixed, the Committee shall invite tenders, placing them before the general body meeting for approval and entering into contract with the architect and the contractor, 
•	Limits of the expenditure to be incurred on repairing and maintenance during the Co-operative year. 

 

The Committee members can enter into contract with prior approval of the general body meeting of the Society. 
 

 

The Architect appointed by the society shall prepare the plans and the estimate of construction for the building/buildings in consultation with the Committee and submit the same to the local authority for sanction as per approval of the general body of the Society. 
 

 

After approval of the plans of the construction of the building/buildings by the Local Authority, the Committee shall invite tenders in consultation with the Architect of the Society. 

 

The Secretary opens the tenders received by him in the meeting of the Committee, which scrutinizes them and prepares its report along with the draft of the terms and conditions, in consultation with the Architect of the Society and places the same before the general body.  After the approval of the general body, the Committee enters into contract with the Contractor
 

 

The disputes arising between Architect and Contractor can be settled as per the terms of agreement

 

The Member/Members can submit their complaint application to any of the Office bearers of the Society, in writing. 

 

After receiving a complaint application from a member, the Committee has to take a decision thereof, in the coming Managing Committee Meeting.  Such decision taken by the Committee has to be communicated to the concerned member, within 15 days thereafter. 
 

 

The Member concerned can approach the authorities mentioned below as
per the nature of the complaint: 
 
•	Registrar, 
•	Co-operative Court, 
•	Civil Court, 
•	Corporation/Local Authority, 
•	Police, 
•	General Body, 
•	Federation,
•	Any other Compètent Authority. 

 

 


 Matters pertaining to the following issues can be referred to Registrar: 

•	Registration of Society on misrepresentation; 
•	Non-issuance of the Share Certificates; 
•	Refusal of Membership; 
•	Non registration of nomination by the society; 
•	Non Occupancy charges; 
•	Demand of excess premium for transfers; 
•	Non supply of copies of the record and documents; 
•	Tampering, suppression and destruction of the records of the Society; 
•	Non acceptance of the cheques or any other correspondence by the Committee; 
•	Non maintenance or incomplete maintenance of records and books of the society; 
•	Non preparation of the annual accounts/reports, within the prescribed period; 
•	Misappropriation/Misapplication of the funds of the society; 
•	Defaulter/Disqualified member on the Committee; 
•	Investment of Funds without prior permission; 
•	Reconciliation of Accounts; 
•	Audit; 
•	Non conducting of election before expiry of the term of the Committee; 
•	Rejection of Nomination; 
•	Non calling of General Body Meetings within prescribed period; 
•	Non calling of Managing Committee as prescribed in laws; 
•	Resignation of the Committee; 
•	Any other, like matters which falls within jurisdiction of the Registrar. 
 

 


Following issues relating to disputes between the members and society can
be referred to the Co-operative Court u/s 91 of the MCS Act, 1960: 
 
•	Resolutions of the Managing Committee and General Body; 
•	The elections of the Managing Committee (except the rejection of nominations, as provided under Section 152A of the MCS Act) 
•	Repairs, including major repairs internal repairs, leakages; 
•	Parking; 
•	Allotment of Flats; 
•	Escalation of construction cost; 
•	Appointment of Developer/Contractor, Architect; 
•	Unequal water-supply; 
•	Excess recovery of dues from the members; 
•	Any other dispute which touches the business of the society. 

 

Following types of disputes can be filed in the Civil Court: 
 
•	Non-compliance of the terms and conditions of the agreement, by the Builder/Developer; 
•	Substandard construction; 
•	Conveyance; 
•	Escalation of Construction cost; 
•	Any other disputes which cannot be referred to Cooperative Court. 
 

 

Complaints relating to following matters can be made to the Corporation
/Local Authority: 
 
•	Unauthorized constructions, addition/alterations made by the builder, member / occupant of the flat; 
•	Inadequate Water supply to the society; 
•	Change of use by the member/occupants; 
•	Structural problems; 
•	Any other matters which falls within the jurisdiction of the Corporation / Local authority. 
 

 

Complaints to the Police can be made relating to following matters: 
 
•	Nuisance due to unauthorized use of the Flat, Shop, Parking Space, open space in the society by the members, builder, occupants etc.; 
•	Threatening/Assault by or to the members of the society; 
•	Any other matters which falls within jurisdiction of the Police. 

 

Complaints pertaining to following matters can be made to the Society: 
 
•	Non maintenance of the property of the society; 
•	Non display of board of the name of the Society; 
•	Levy of excess Fine, by the Managing Committee for act of the member which is in violation of the bye-laws; 
•	Unauthorized use of the available open spaces of the society; 
•	Non insuring the property of the society; 
•	Appointment of Architect; 
•	All other matters which falls within the jurisdiction of Society. 
 

 


   Yes, sanction of general body meeting is necessary for redevelopment of society. 

 


  Procedure prescribed by Government in this regard is as under:

•	Application signed by not less than one fifth members of the society is required to be submitted to the secretary of the society for convening SGM.
•	Managing Committee of the society will take note of the said application within eight days of its receipt.
•	Secretary shall convene SGM within two months from the date of receipt of such application by giving a clear 14 days notice to all members.
•	Before meeting, the society shall get the quotations of at least three Project Management consultants from the panel of Govt/Local Authority for preparing the project report of redevelopment of society. One consultant will be selected in the SGM.
•	To ensure transparency, the society going for redevelopment will open a website and place all the information relating to redevelopment for the benefit of its members. Society shall inform the Registrar about their website.
•	The information regarding redevelopment project such as objections, suggestions, minutes etc. shall be sent to all members through email and/or registered mail. This information shall also be published on the notice board of the society.
•	The notices of managing committee and general body meetings and its minutes shall be communicated to the Registrar within 15 days and acknowledgement thereof shall be preserved by the society.
•	In the SGM preliminary decision regarding the redevelopment shall be taken considering the suggestions of the members.

 

The quorum for such meeting shall be 2/3rd of the total number of the members of the society

 

By simple majority of members present in the meeting (i.e., at least 51% member should favour the redevelopment project). Written consent of the members favouring the redevelopment should be taken by the society for authorizing managing committee to take further action regarding redevelopment. 
 

 

If the quorum for the SGM called for the re-development is not fulfilled,the meeting shall be adjourned and convened within a period of next one month by giving a notice of seven clear days. If the quorum cannot be fulfilled in the adjourned meeting, it shall be adjourned on the ground that members are not willing for redevelopment.
 

 

                     The said subject of redevelopment cannot be brought before general body meeting for next three months.

 

                    Within thirty days after the SGM, Secretary of the society shall issue an
appointment letter to the Project Management Consultant/Architect as per the terms and conditions laid down by the general body and execute an agreement. 

 
Two months from the date of his appointment.
                     

 

                         The society will take the following steps:

•	Convene meeting of managing committee, 
•	Call Architect/Project Management consultant in the Committee meeting,
•	Get approval of the Committee to the Project Report considering the suggestions of members,
•	Publish the project report on the notice board of the society and make it, 
•	Issue notice to all members stating that project report is available for their perusal in the office of society and they can submit their suggestions before seven days of the next committee meeting,
•	Forward the suggestions received from the members to the Architect for consideration,
•	Approve the project report considering the suggestions of the members and opinion of the architect in its Committee meeting,
•	Decide the date, place and time of next managing committee meeting for finalizing the draft of tender and call tender,
•	Bidding parameter shall be fixed either Carpet Area or Corpus Fund (only one non variable parameter)

                     

 

a) Tender will be floated by the society as per the advice by the
architect/Project Management Consultant.
b) Secretary of the society shall publish the list of tenders received on the
notice board of the society after the last day of its receipt.
c) Meeting of managing committee shall be called within 15 days from the
last date of receipt of tenders.
d) Tenders will be opened in the Committee meeting in presence of
tenderers or their representatives.
e) For competitive bidding at least three tenders should have been received. 
f) If the number of bidders is less than three, one week extension should be
given. If the number of bidders is less than three after first extension, again one week extension should be given for second time.
g) In spite of second extension, the number of bidders is less than three, the
tenders received shall be placed before SGM for approval.

                     

 

a) Managing Committee of the society shall select a developer from among
the tender bidders on the basis of experience, financial soundness, technical competence, commercial bid etc. in consultation with architect.
b) The Developer so selected should have registered at least one project
with MAHARERA. 
c) The proposal for finalization of selection of Developer/Contractor shall
be placed before the SGM held for this purpose. This meeting shall be conducted in presence of an authorized officer appointed by the Registrar.
d)After the appointment of authorized officer, SGM shall be convened in
consultation with him within a period of one month. Quorum for such meeting shall be 2/3rd of total number of members of the society.

                     

 

Agreement with Developer/Contractor shall be made in consultation with the Architect within a period of three months after approval of his selection in SGM. The Agreement shall be made on following lines.
•	The period of project shall not be more than two years. In exceptional circumstances, the project period may be extended up to three years and not beyond that. 
•	The Developer/Contractor should furnish a bank guarantee of 20% of the project cost to the society.
•	The Developer/Contractor shall provide residential accommodation to the members as far as possible in the vicinity of the society or make available transit camps and shall arrange to pay for deposit and monthly rent for the same. 
•	A registered Permanent Alternative Accommodation Agreement shall be executed between the Developer and individual member.
•	After getting all legal permissions and execution of Permanent Alternative Accommodation Agreement with the individual members, the members shall vacate their flat/galas.
•	Those who are in possession of their flats, their rights will not be affected.
•	New members shall be admitted after the completion of project with the approval of general body meeting.
•	Carpet area should be clearly mentioned in the Agreement as per provisions of Real Estate (Regulation and Development) Act, 2016.
•	Development rights given to the Developer shall be non-transferable.
•	Agreement with Developer shall provide for settlement of dispute as per provisions of section 91 of the MCS Act, 1960.
•	After getting Occupation Certificate, allotment in redeveloped building shall be made as per earlier position, if possible, or, by lottery in presence of representative of Registrar.
•	No office bearer or Committee member of the society shall be relative of the Developer.

                     

 

Open space means an area, which forms an integral part of the site, and which is left open to sky.
  

 

The term Open Terraces means the area of terraces which are otherwise not in the exclusive possession of any of the members of the Society.
 

 

Common Areas & Facilities means: 
 
•	the land on which the building is located; 
•	the foundations, columns, guarders, beams, supports, main walls, roofs, halls, corridors, lobbies, stairs-ways, fire escapes and entrances and exits of the building; 
•	the basements, cellars, yards, gardens, parking areas and storage spaces; 
•	the premises for persons employed for the management of the property; 
•	installations of central services, such as power, light, gas, hot and cold water, heating, refrigeration, air conditioning and generators; 
•	the elevators, tanks, pumps, motors, fans, compressors, ducts and in general all apparatus and installations existing for common use; 
•	such community and commercial facilities as may have been provided for; 
•	all other parts of the property necessary or convenient to its existence, maintenance and safety or normally in common use. 

 

The ownership of the open Spaces like terrace, compound, parking places etc. of the co-operative housing society lie with the co-operative society No one have private ownership.  

 

 


  Conveyance of the land and building on it in the name of registered society within 4 months after its formation is legally obligatory on Promoter (Builder/ Developer). Many Builder/Developers do not make conveyance of the land and building in the name of society due to some or other reasons. Therefore, the provision of Deemed Conveyance has been incorporated in Maharashtra Ownership Flats Act, 1963. Competent Authority not below the rank of District Deputy Registrar has been appointed by the State Government for this purpose.

 

In the regular conveyance builder/ developer and land owner themselves prepare conveyance documents and complete the registration process by  submitting it before the Sub Registrar and sign on it. In Deemed Conveyance, the builder/ developer or land owner or their legal heirs do not extend any co-operation for conveying the property to the society. Concerned society makes an application to the Competent Authority for conveyance of the land and premises thereon on which the society is formed. 

 

Following type of complaints are received against the builder. 
 
•	Not giving occupation certificate, electricity connection, water connection, building completion certificate, 
•	Not forming society, doing unauthorized construction, Not doing conveyance, Not giving details of income expenditure to the society, 
•	Not making property card in the name of the society. 

 

Following papers are required to be collected from builder. 
 
•	Development agreement, 
•	Death certificate of the deceased land owner, 
•	Partnership agreement between partners, 
•	Evidence of registering partnership agreement, 
•	Conveyance agreement with builder, 
•	Paper agreement (with previous owner and with builder), 
•	A will, copy of the authorized will (If the Development Agreement was signed by the legal heir). 

 

The society can get following benefits:

•	Title and ownership of the land and buildings thereon,
•	Benefit of increased FSI and TDR, 
•	Compensation for land of society acquired by the government.
 

 

Papers regarding property are as under. 
 
•	7/12 extract. 
•	Town plans six. 
•	Property card. 
•	Summary of all agreements. 
•	Receipts of stamp duty and registration. 
 

 

The builder/ developer/ Promoter should have to do the conveyance in the name of the co-operative housing society. 
  

 

As per provisions of Maharashtra Ownership Flats Act, it necessary that the conveyance of the property should be done within a period of four months after the formation of co-operative housing society.

 

As per the provisions of the Registration Act 1908, it is obligatory to register the deeds. If the deed is not registered, in case of dispute it has no evidential value in the court of law. 

 

It is a seal of approval and it is treated as valid document.

 

The society can issue bill to the concerned member for recovery of the stamp duty with prior approval of the general body meeting. In case the member(s) transferred their rights to other person and he has been admitted to the membership, the society can issue bill to the new member. The society can take action under section 154B-29 of MCS Act, 1960 against the member if he has defaulted in paying stamp duty. 
 

 

Within a period of three years from the date of possession.

 

Following details should be included in the conveyance deed. 
 
•	Seller’s name and Address, 
•	Purchaser Name and address,  
•	Name and address of the Builder/ Developer, 
•	Description of the Property including area of the Plot, City survey number,
•	Statement of amounts given by the flat purchaser, 
•	Receipts of the amount paid, 
•	Signatures of all parties, 
•	Other related papers

 

Builder has no right to make further construction after formation of society.Even though conveyance has not been made, the benefit of additional carper area/ TDR should go to the society. Society can seek legal remedy against the builder. 

 

The society can seek justice against the builder from competent Court. 

 

Some of the reasons behind not doing conveyance are as follows: 
 
•	Flats not sold, 
•	Necessary Stamp Duty not paid by every member, 
•	No cooperation from landlord/ builder, 
•	Builder passing the responsibility of paying stamp duty on flat owners, 
•	Non-cooperation of members. 

 

As per law, builder has to pay stamp duty on the office premises which are in his name at the time of conveyance. 

 

The government has amended section 11 of the Maharashtra Ownership Flats Act, and made provision for conveyance in absence of the builder. 

 

No. The deed is registered on nominal stamp paper. However, it is necessary that all flat owners should have to paid total stamp duty on their respective agreements with builder. 

 

It is necessary to give evidence of stamp duty paid by all flat owners for the conveyance deed.  Copy of Index II, Stamp receipt, registered copy of the agreement should be produced as evidence. 

 

You can register co-operative housing society, without the co-operation of the land lord/builder

 

By issuing registered notice on the known address of the builder, he can be called for hearing. If the notice is returned unserved and new address is not traceable after making enquiry, then public notice should be issued in the local newspaper. 

 

If builder is died then the notice of conveyance should be given to the original land lord. For this new 7/12 extract or property card should be taken. The notice should be issued to all whose name appears on this new 7/12 extract or property card. 
 

 

It is necessary to register the said galas by paying proper stamp duty.  

 


 If there is charge created by the builder on the property, he should be asked to clear the charge by paying the outstanding dues. If conveyance takes place in spite of charge of the builder, the society will be liable for the same.

 

No. Evidence of stamp duty paid by the last owner/ member is necessary. 

 

If original owner has given power of attorney regarding conveyance to the developer, then it is not necessary to issue notice to the original owner. If power of attorney is not given and a developer is died then notice is required to be issued to the original owner.  
 

 

•	Application in prescribed form with Court fee stamp of Rs. 2000/- 
•	True copy of the Registration Certificate of cooperative housing society or Deed of Declaration of Apartment Condominium
•	Copy of Resolution of general body of society regarding deemed conveyance
•	Copies of latest property card, 7/12 extract (within last three months)
•	List of all legal flat owners
•	Copy of the notice sent by society to the builder for executing conveyance deed as per provisions of Maharashtra Ownership Flats Act, 1970
•	Copy of Commencement Certificate and Occupation Certificate issued by competent authority
•	Self Declaration/Certification of society to the effect that it undertakes to accept the liabilities/responsibilities in case of societies where possession has been taken without obtaining occupation certificate in prescribed form 
•	6. True copy of the sell agreement of the one of the purchasers executed with developer. 
•	6. Index II of all flat owners and list in prescribed format 
•	7. A copy of the development agreement between original owner and Developer. 
•	A copy of the notice regarding making conveyance issued to the Respondent by the applicant.  
•	Search Report of the land. 
•	A Copy of the approved layout and construction Plan
  

 

Application for deemed conveyance should be submitted online and offline, simultaneously. Online application should be submitted on https://mahasahakar.maharashtra.gov.in. After on line submission, offline application should be filed along with copies of relevant documents in the office of concerned District Deputy Registrar.  

 

 The process of deemed conveyance shall be as under:

•	The application received from the society to the office of District Deputy Registrar shall be verified for compliance of necessary documents.
•	District Deputy Registrar shall issue notice to the concerned parties for submitting their say.
•	The application for deemed conveyance shall be decided by the District Deputy Registrar within a period of six months from the date of issue of notice.
•	Accordingly, the District Deputy Registrar shall pass an order and issue certificate of deemed conveyance.

 

 

a) Joint District Registrar shall verify that there no balance FSI in the document of deemed conveyance and latest certificate of architect in this regard.

b) If all the flat/unit owners have paid requisite stamp duty and registered their document in the office of Sub Registrar, the deemed conveyance shall be registered by paying stamp duty @ Rs. 100 per flat/unit, or at the rate fixed by the government from time to time. In this case no adjudication shall be required.

c) After registering the deemed conveyance, Sub Registrar shall submit it to the Collector of Stamps for immediate inspection. If it is observed in the inspection that adequate stamp duty has not been paid, it shall be the responsibility of the concerned society to pay the remaining stamp duty along with penalty, if any.

d) In cases where requisite stamp duty has not been paid by the flat/unit owners, Collector of Stamps shall make scrutiny of the documents. If required, Collector of Stamps may ask for additional documents from the society and adjudicate the stamp duty applicable to be paid by the society.
 

 

 Following documents are required to be submitted:

•	Application in prescribed form along with requisite court fee stamp.
•	System generated number of online application submitted to Registration and Stamps Department.
•	Draft of conveyance/sale deed (two copies)
•	Copy of Order and certificate of deemed conveyance issued by District Deputy Registrar.
•	Proof of payment of stamp duty on agreements executed by the flat purchasers (Index II and/or original agreements).

 

 Within 30 days from the date of receipt of such application.

 

After registration of deemed conveyance in the office of Sub Registrar application should be made in the office of City Survey Officer or Talathi/Circle Officer concerned for making entry of the name of society on 7/12 extract and/or property card.

 

Under section 11, Conveyance of the apartment can made. 

 

  Procedure for amendment of Bye-laws:

•	Bye-laws of a society can be amended in the General Body meeting by passing a resolution with 2/3rd majority of the members present in the said meeting.
•	Intimation regarding bye-laws amendment along with its draft should be given to all members through the notice General Body Meeting.  
•	The proposal of the bye-law amendment as approved by the general body should be submitted to the Registrar in prescribed format within two months from the date of its approval. 
•	The Bye-law amendment shall came into force only after its registration by the Registrar. 

 

Registrar Can direct society to amend its byelaws as necessary or desirable in the interest of the society.

 

If a society fails to amend the Bye-laws as directed, the Registrar may register the amendment after giving opportunity of being heard to the society and after consultation with the federal society as notified by the State Government. A copy of such amended Bye-laws shall be sent to the society and it shall come in force from the date of such order
 

 

Amalgamation of societies can take place where two or more societies are having common water storage, common entrance, their members are  willing for such amalgamation and/or as per directions of the Registrar in the interest of the society and public interest at large.

 

Division/bifurcation of housing society can be done where the society has two or more buildings having separate water storage, separate entrance, the members are willing for such division/bifurcation and/or as per directions of the Registrar in the interest of the society and public interest at large.

 

 Procedure laid down for amalgamation or division of society:

•	Society(s) desirous of amalgamation, division or conversion shall make an application to the Registrar giving full details.
•	After examining the details furnished by society(s) the Registrar may give his approval if he considers it to be in the interest of society(s).
•	After approval of the Registrar, the society(s) shall convene a Special General Body Meeting by giving clear 15 days notice to all its members and creditors and pass resolution by 2/3rd majority present and voting at the meeting.
•	The society(s) shall give notice in Form ‘G’ to all its members, creditors and other persons whose interests are likely to be affected. This notice shall be published on the notice board of the society and also published in at least one local newspaper.
•	Within one month from the date of notice in Form ‘G’, the concerned persons shall exercise their option as provided in section 17 of the Act.
•	The society(s) shall meet in full or otherwise satisfy all claims of the concerned persons who exercise the option.
•	The society(s) shall submit a report to the Registrar of the action taken by it and request him to give effect to its decision for amalgamation, division or conversion.
•	On receipt of report from the society(s), the Registrar satisfies himself that the procedure has been properly followed and register the amalgamated, divided or converted society(s) and cancel the registration of the society(s) which have been amalgamated, divided or converted. 

 

The Registrar can direct for amalgamation, division or reorganization of
society(s) under following circumstances:

•	Essential in public interest,
•	In the interest of members,
•	In the interest of cooperative movement, For the purpose of securing proper management of any society(s). 
 

 

Procedure to be followed by Registrar:

•	The Registrar shall prepare a draft scheme for amalgamation, division or reorganization of society(s).
•	Make consultation with the federal society as may be notified by the State Government.
•	Send copy of the draft order proposed to be issued by him under section 18 of the Act to the society(s) and call upon them for inviting objections or suggestions from members, creditors and submit the same together with its own objections or suggestions within a period of two months from the date of issue of draft order.
•	Consider all objections and suggestions and make such modifications in the draft order as desirable and issue final order.
 

 

Yes.  

 

Yes. 

 

Yes. 

 

Following income of society is taxable: 
 
•	Transfer Premium. 
•	Income received from installing dish antenna. 
•	Income received from giving premises on rent. 
•	Income received from interest on dues of the members. 
•	Income on deposits. 
•	Income received from the sale of construction area. 
•	Any other income eligible for income tax under Income Tax Act. 
 

 

Yes.

 

Co-operative Housing Societies have to file Income Tax Returns in Form No. 2. 

 

Yes.

 

No.

 

Yes.

 

Yes. Applicable as per the provision of Bombay Stamp Act 1958. 

 

Yes.

 

Yes. It is necessary to pay stamp duty on land allotment letter. 

 

To pay stamp duty is not necessary in such cases.

 

Yes.

 

An aggrieved member can file dispute in Cooperative Court. 

 

Aggrieved member can file complaint with the society. Society may settle the dispute as decided in its general body. If the dispute cannot be resolved amicably, the same can be raised before Cooperative Court.

 

Secretary of the Society, accompanied by any other member of the Committee, can enter in the flat of members with prior intimation to examine and ascertain the repairs. 

 

The Secretary should report to the Committee regarding particulars of the repairs to be carried out by the society at its cost and the repairs which have to be carried out by the members at their own cost.
 

 

On receipt of the report, the Committee has to ascertain the cost involved in the repairs. Thereafter, notice should be served on the concerned member(s) specifying its intention to carry out the repairs. The member(s) concerned shall allow the access of his flat to the workmen engaged by the society for carrying out the repairs. 

 

The committee shall issue notice to the member concerned and call upon him to carry out the repairs in his flat at his own cost to the satisfaction of the architect approved by the Society, within a period specified by the Committee. 

 

If the member fails to comply with the notice, the Society can cause the repairs to be carried out. The amount spent by the society on such repairs is liable to be recovered from the member concerned. 

 

 Structural Audit of the building(s) of the society shall be done: 
 
•	For the building ageing 15 to 30 years – once in 5 years; 
•	For the building ageing above 30 years – once in 3 years. 
 

 

The structural audit has to be carried out by the engineer from the panel of Municipal Corporation or government approved engineer, as the case may be. 

 

Yes.  

 

a) The Committee of a society shall ensure that the financial statements of
 the society like receipts and payments, income and expenditure and the
 balance sheet are audited within a period of four months of the closure of
 financial year.
b) Society shall appoint an auditor from a panel prepared by the Registrar as approved by the general body of the society.
c) If the society fails to appoint auditor, the Registrar may cause the audit to be done by an auditor from the panel.

 


Following particulars should reflect in an audit report:

•	Defects and irregularities,
•	Financial irregularities, misappropriation and/or embezzlement of funds or fraud and amount involved therein,
•	Accounting irregularities and their implications on the financial statements and its corresponding effects on the profit and loss,
•	Functioning of the Committee of the society,
•	Fixing the responsibilities on the Committee in case of irregularities and/or violations. 

 

The remuneration of auditor shall be borne by the society at such rate as may be prescribed by the Registrar/Government.

 

The auditor shall have access to all the books, accounts, documents, papers, securities, cash and other properties of the society. The auditor can summon any person who is in possession or responsible for the custody of such record of the society to produce the same.

 


The auditor shall submit his audit report within a period of one month from its completion and in any case, before issuance of notice of AGM to the society and Registrar. 

 

a) If the audit report does not disclose true and correct picture of accounts,
the Registrar cause to be carried out test audit of such society. The test audit shall include the examination of such items as specified by the Registrar in his order.
b) The Registrar may order for re-audit of a society on an application of
the society or otherwise, if it appears to him necessary.
 
 

 

 Secretary of the Society and the persons in whose custody the books and record of the society are responsible to make available the record to the auditor. 
 

 

The defects pointed out by the auditor in the working of the society shall
be explained by the society to the registrar within a period of three months from the date of receipt of the audit report. The society shall take steps to rectify the defects and irregularities and report to the Registrar and place it before the next general body meeting of the society.  
If the society fails to submit audit rectification report to the Registrar and AGM, all the members shall be deemed to have been committed an offence and shall be liable for penalty.

 

 

The society, if it considers necessary, may appoint an internal Auditor, at the Annual Meeting of the General Body and fix his remuneration. 

 


After providing for interest upon any loans and deposits and after making
other deductions as required by law, 25% of the net profit of all the business carried on by or on account of the society has to be placed at the credit of the Reserve Fund of the Society. 
 

 

The remaining 75% of the net profit of the society is to be utilized as under: 
 
1. To pay dividend not exceeding 15 per cent per annum. 
2. To pay honorarium to office-bearers of the Society not exceeding 15 percent of the net profit.
3. To allocate to a common welfare fund, such part of the profit, as the Annual General Meeting of the society may determine. 
4. The balance, if any shall be carried forward or dealt with in such manner as the Annual Meeting of the General Body may determine. 
  

 

It is the responsibility of the Secretary of the Society to maintain and keep up to date the account books, registers and other records unless otherwise decided by the Committee. 

 

The Secretary of the Society or the paid employee, authorized by the Committee in that behalf, can retain in his personal custody a sum not exceeding Rs.300/- (Rupees Three Hundred only) for petty expenses.

 

All payments in excess of Rs. 1500/- have to be made by means of crossed A/c Payee Cheques only. 

 

A Co-operative Year will be the accounting year of the society that will commence on 1st April and end on the 31st March of every year.

 

Registrar may institute an inquiry, himself or by a person duly authorized
by him, into the constitution, working and financial condition of the society under section 83 of the MCS Act, 1960 under following conditions;

•	suo motu,
•	on an application of one fifth members of the society,
•	on the basis of special report u/s 81(5B). 

For assessing the damages caused to the society, the Registrar may institute an inquiry u/s 88 of MCS Act,1960 against any person who has taken part in the organization or management of society:

•	on the basis of audit report u/s 81,
•	as a result of inquiry report u/s 83,
•	inspection report u/s 84,
•	report of liquidator u/s 105, or
•	otherwise.

 

Registrar can give directions to the sousing society u/s 79(1) for
maintaining record and to submit regular information to the Registrar from time to time and to fulfill the directions in this regard within the specified time limit. On failure of society to take action or comply the directives of Registrar u/s 79(1) of the Act, the registrar may take such action u/s 79(2) either himself or through a person authorized by him. 
 
The registrar may require the concerned officer(s) of the society to pay to
the society expenses paid or payable to the State Government as a result  of their failure to take action and pay to the assets of the society Rs. 100/- per day until his directions are carried out. 
  

 

Society can write off any loan and interest thereon like society charges due from the members, expenses incurred on recovery thereof and the accumulated losses, which are certified as irrecoverable by the Statutory Auditor. 
 

 

 The amounts cannot be written off unless; 
 
•	the general body of the society has given due sanction for writing off,
•	the approval of the financing agency, if the society is indebted to it, 
•	The approval of the Registering Authority. 

 

The society must have its Notice Board fixed at a conspicuous part of the building, on which all notices and communications, statement of accounts,  annual report and other matters of which notices are required to be given shall be exhibited. 
 

 

The Society does not allow to let out or give on leave and license basis or permit any subletting, giving on leave and license basis any open space available under the staircases or to any person whether the member of the Society or not, for any purpose whatsoever. 
 

 

The Committee may allow temporary use of the terrace or available open space of the society's building by any member on his written application, subject to such restrictions and on payment of such charges to the society as decided by the General Body of the society.  The Committee may, with the previous permission of the Local Authority, if needed, allow exhibition of advertisement boards or any part of the building including terrace on such terms and conditions as approved by the General Body. If any member/members want/wants to install a solar energy water heating system or solar energy electrical system, then space shall be made available to such member/members on the terrace. 
 

 

A Bank Account can be opened by the Society in the nearest State or District Central Co-operative Bank or its branch or in any scheduled Cooperative Bank or in any nationalized bank. The account will be operated upon and all acquaintances and discharges are to be signed by the Secretary jointly with the Chairman or treasurer.  
 
 

 

If a flat/Gala holder has accepted the condition of rendering co-operation for registering of society/apartment at the time of executing agreement while purchasing flat in co-operative housing society, then by filing a suit in civil court (under Specific Relief Act, 1963) he can be compelled to obey this condition. 

  

 

The enquiry under section 83 cannot be ordered merely on the basis of frequent complaints made by one complainant. If the Registrar finds a prima facie case in primary enquiry, then on his satisfaction enquiry under section 83 may be instituted. 

 

If redevelopment work is going on after taking approval of the majority of members as per law, then minority members cannot create obstructions. However, if their complaints has any merit and supported by law, then they can seek legal remedy against the process of re-development of society before the competent judiciary authority.  Unless competent authority/court restrains redevelopment process, the society can continue with the same.
 

 

It is the responsibility of flat owner to pay all dues of the society once the possession of the flat is taken whether it is in use or not. 

 

For utilizing entire residential place for commercial purposes, prior permission of the committee is necessary. However, C.A., Advocate, Doctor, Engineer, Architect etc. are allowed to utilize some area of their residential place for their profession.