Ajit Prakashan's Model Bye Laws of Cooperative Housing Society including Election to Committee Rules 2014 English Please Note: Price of the book includes Delivery Charge Rs. 60.This is the model Bye Laws of Coopera.
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- Chaudhari Law Publisher's Co-operative Housing Societies Manual in Marathi Bye Laws by Sudhir Birje सहकारी गृहनिर्माण संस्था कामकाज संहिता. This book contains Co-operative housing Society Registration, Deemed Conveyance, Redevelopment of.
- (27) “society” means a Co-operative society registered, or deemed to be registered, under this Act; (28) 'Society with limited liability' means a society having the liability of its members limited by its bye-laws; (29) 'society with unlimited liability' means a society, the members of which are, in the event of its.
SALIENT FEATURES OF 97th CONSTITUTIONAL
AMENDMENT
Government of Maharashtra has already passed 97th Constitutional Amendment on 14th February, 2013. State Government has amended Maharashtra Co-operative Societies Act, 1960 by Maharashtra Co-operative Societies (Amendment) Ordinance, 2013.
The Dy. Registrar of each zone in Mumbai has issued Circular No. 503 dated 28.02.2013 to adopt New Model Bye Laws before 30th April, 2013 in General Body Meeting.
It is mandatory for all Co-operative Housing Societies to call for a Special General Body Meeting before 30th April, 2013 to adopt the New Model Bye-Laws of Co-operative Housing Society as per 97th Constitutional Amendment and Maharashtra Co-op. Societies (Amendment) Ordinance 2013.
After approval of New Model Bye-laws, Co-operative Housing Societies need to send the approved Model Bye-Laws to Dy. Registrar of Societies for their approval.
The silent features of these amendments governing the Co-operative Housing Societies in Maharashtra are described hereunder:
1. There will be only 2 types of Members i.e. Nominal & Associate Member as against Nominal, Associate & Sympathiser Member as per old Act. Sympathiser Member is deleted.
2. Member is further classified as Active Member & Non-Active Member. Active Member is defined as one who participates in the affairs of the Society and utilizes the minimum level of services or products of that Society as may be specified in the Bye-Laws.
3. Member not attended 1 AGM in 5 years and if does not utilizes minimum level of services at least once in 5 consecutive years as may be specified in Bye-Laws shall be classified as Non-Active Member.
4. Non-Active Member shall be liable for expulsion u/s 35 and also not entitled for Vote. Non-Active Member can be Active Member on fulfilment of above criteria.
5. A new State Co-operative Election Authority would be constituted by State Government u/s 73CB to conduct elections of Co-operative Societies to have transparency in election process.
6. It is the duty of present Managing Committee to intimate State Co-operative Election Authority for holding of its election before expiry of its terms. If there is any default on the part of Managing Committee to inform, action u/s 77A will be initiated against Managing Committee Members.
7. Every Society will have to deposit in advance the estimated amount of election expenses as the Election fund with State Co-operative Election Authority.
8. Every Managing Committee Member shall undergo co-operative education and training through State Federal Societies or the State Apex Training Institutes for the prescribed period as decided by Govt.
9. Every Society shall contribute annually towards such Education and Training Fund of State Federal Societies or the State Apex Training Institutes at the rates as may be prescribed.
10. Contribution to Education Fund as per old provision u/s 68 discontinued.
11. Maximum number of Committee members shall be 21.
12. Section 73BBB with regard to reservation of Woman Member in Managing Committee is deleted. But reservation for women is given in new section 73C for 2 women irrespective of size of Managing Committee.
13. Managing Committee Member will be disqualified if he is classified as Non-Active Member
14. Government has withdrawn powers of Registrar to suspend the Managing Committee of Housing Societies as also to appoint an Administrator in Housing Societies.
15. Due date for taking AGM will be 30th September i.e. 6 months after end of each financial year. No extension will be granted for postponing the AGM after 30th September. If Society fails to conduct AGM within due date, Registrar will have the authority to conduct AGM.
16. Society has to file Returns to Registrar within 6 months after end of each financial year and inform the name of Auditor to Registrar within 1 month of AGM.
17. Auditor should not accept audits more than 20 Societies (excluding paid up share capital of less than Rs. 1 Lac) in a financial year.
18. Audit Rectification report should be placed before next AGM and also to be submitted to the Registrar.
19. Every Co-operative Housing Societies has to form Grievances Settlement and Redressal Committee to deal with the grievances of the Members and the Society, relating to its business & management. The Grievances Settlement and Redressal Committee shall be formed in AGM. The said Committee shall consist of 3 active members & shall be other than Managing Committee members.
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Maharashtra Co-operative Housing Society Bye Laws offer a clear set of guidelines for management of cooperative housing societies in the state of Maharashtra. Maharashtra Co-operative Housing Society Bye Laws acts in accordance with the rules drafted in the Maharashtra Co-operative Societies Act of 1960. Each housing society needs to follow the rules as listed in the Maharashtra Co-operative Housing Society Bye Laws to qualify as a registered housing society.
Definitions Used in the Act
Act: Act mentioned in the Maharashtra Co-operative Housing Society Bye Laws corresponds to the Maharashtra Co-operative Societies Act (MCS Act) of 1960.
Bye-Laws: Bye-laws mean the registered bye-laws of the society.
Chief Promoter: Chief Promoter means the person who is elected by the Promoters till the first general body meeting of the society takes place.
Committee: Committee means the Committee of the members that look after the overall management of the affairs of the society.
Days: Days mean the number of calendar days between the day of posting the notice and society meeting.
Flat: Flat means any self contained set of premises used for residential or commercial purpose.
Housing Society Federation: Housing Society Federation means the federation of co-operative housing societies, registered under the Act.
Parking Space: Parking Space means open space within the premises of the society earmarked by it for parking of vehicles and includes a stilt.
Promoter: Promoter or builder is a person or set of persons who constructs or causes to be constructed a block or building of flats or apartments for the purpose of selling.
Common Areas and Facilities: Common areas and facilities for all apartments include the land on which the building is located including its foundation, terraces, halls, corridors, stairs, fire escapes as well as all entrances and exits.
Member: Any person joining the cooperative society as per the bye-laws and by submitting an application for registration is known as a member once accepted.
Working Capital: The funds at the disposal of any society including its paid up share capital, profits as well as other raised or borrowed money all come under the definition of working capital.
Key Features of the Act
Area of Operation: The area of operation for any cooperative housing society as defined under the Maharashtra Co-operative Housing Society Bye Laws shall be confined to all cities and towns of the state of Maharashtra. For the societies in Brihan Mumbai, insert City Survey Number and Ward in the gap are mandatory.
Affiliation: The Society immediately after its registration shall become a member of the Housing Federation of the District. The District Central Co-operative Bank of the District will pay funds to the society as per the bye-laws of the respective organizations.
Fund Raising: Each society can raise funds as and when required either by charging an entrance fee or issuing shares or offering loans and subsidies. The society is also allowed to receive voluntary donations. Housing societies can charge a fee on transfer of shares along with occupancy rights.
Member Rights and Responsibilities: The membership of the society as per the Maharashtra Co-operative Housing Society Bye Laws must include associate members and nominal members. Any individual who is competent to contract under the Indian Contract Act, 1872 or a corporate body constituted under any law for the time being in force, or a society registered under the societies registration act, 1860 are eligible for membership. An individual who is eligible to be the member must may the membership fee as per the society bye-laws for before being inducted as a member.
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Incorporation of Duties: The registration of the Society shall render it a body corporate by the name under which it is registered. The Society shall cause the structural audit of the building of the society once in five years for buildings between 15 to 30 years of age and once every three years for buildings above thirty years of age.
Society Management: The Management of the affairs of the Society shall vest in the Committee duly constituted in accordance with the provisions of the MCS Act, 1960, the MCS Rules, 1961 and the Bye-laws of the Society. A Banking Account shall be opened by the society in the nearest State or District Central Co-op. Bank or its branch or in any scheduled co-op Bank.
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Resolution of Complaints: As per the section 91 of the Maharashtra Co-operative Societies Act of 1960, any dispute regarding the business activities of the society can be forwarded to any society member of surety of the member for resolution.
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What the Act means for people involved?
Maharashtra Cooperative Housing Society Bye-Laws promote peaceful cohabitation among the members on the Cooperative Principles. The society bye laws ensure voluntary formation ensuring participation from all concerned. Maharashtra Cooperative Housing Society Bye-Laws also helps societies to initiate any redevelopment process as per the norms of the authority from structural audits to repair and renovation work along with day to day affairs of the society.
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For the complete reference of this Act refer: The Maharashtra Co-operative Societies Act, 1960.