AGENDA POINTS FOR ANNUAL GENERAL BODY MEETING TO BE HELD ON 10/08/2014

Dear Sir

I have given following agenda points(copy attch) to GBM. You are requested to give your vote or opinion on my agenda points and fwd to Society as well as to me so that in GBM voting will reflect true vote on all points considering postal vote for not attending members.

You can also add your points in it. I am going to attend above GBM.

 https://www.dropbox.com/s/ufrl37f7d6juztl/Agenda%20Point%20for%2010%20Aug%202014%20AGBM%20from%20AK%20Singh%20B_12.pdf

First RIGHT Step towards better society

AGENDA POINTS FOR ANNUAL GENERAL BODY MEETING TO BE HELD ON 10/08/2014

AGENDA POINTS FOR ANNUAL GENERAL BODY MEETING TO BE HELD ON 10/08/2014
1 message

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A W H O Tucker <tuckerawho2008@gmail.com>	Fri, Jun 20, 2014 at 2:55 PM
Bcc: hufaksingh@gmail.com
Dear Sir/Madam, Annual General Body Meeting of Tucker AWHO Enclave, Co-Op Housing Society Ltd will be held on 11/08/2014.  Agenda points for the meeting if any may please be fwd by 01/07/2014 for our necessary action. Regards Secretary Tucker AWHO Enclave Co-Op Hsg Society Ltd

APPEAL AGAINST SOCIETY DECISION

APPEAL AGAINST SOCIETY DECISION

v     If society do not communicate the decision regarding the application for membership i.e society admitting or reject the membership  with in 3 months from the date of application received to applicant than U/S 22[2] the applicant has to approach to Dy. /Asst. Registrar to give him deemed membership of the society. Registrar call both applicant and society for hearing and give the order regarding the membership of society.

v     If society  communicate that they reject the membership application than applicant has right to appeal U/S 23[2] to Dy. /Asst. Registrar. Registrar call both applicant and society for hearing and give the order regarding the membership of society for this appeal application.

v     In both above case if decision is against the applicant then applicant have chance to file  Appeal / Reappeal  against the decision of  Dy. /Asst. Registrar. Registrar to Divisional Dy. Registrar. For appeal decision applicant can approach Govt. of Maharashtra Co-operation Dept. and for reappeal approach  Hon. High Court by filing  writ petition. 

Rights of member in a CO OPERATIVE HOUSING SOCIETY

Rights of member in a CHS

The rights of member in a CHS is as follow

1. A member is entitled to occupy the flat allotted to him

2. Member can appoint Associate member / Nominal member

3. A member is entitled to receive a copy of registered Bye-Laws of the  society on payment of price.

4. A member is entitled to inspect, free of cost, the following documents
   i.   A copy of Maharashtra Co-op. Societies Act
   ii.  A copy of Maharashtra Co-op. Societies Rules
   iii. Register Bye-Laws of the Society
   iv. Last Audited Report along with Balance Sheet, Profit and Loss a/c
   v.  List of member of the committee
   vi  List of member of the society
   vii Minutes of the general body / special general body meetings
   viii Minutes of the committee meetings
   ix   Those portions of the books and records in which the member's transaction with the society are recorded. The member can inspect the documents in the  society's office during office hours or at the time fixed by the society for the purpose
x  A member is entitled to receive copies of  any documents referred to above, if the member make a request in writing and pays the prescribed fees. If the member makes such an application, the society has to furnish the copies to the member within 1 month from the date of receipt of the prescribed fees


5.  A member is entitled to attend the general body

6.   A member contest election for committee and hold office subject to the he/she is not defaulter of society   and other conditions stipulated in the Bye-Laws of the society

MAINTENANCE OF SOCIETY OFFICE,RECORDS AND REGISTERS.

MAINTENANCE OF SOCIETY OFFICE,RECORDS AND REGISTERS.

MAINTENANCE OF SOCIETY OFFICE,RECORDS AND REGISTERS.

1. The MC of Society shall prepair & maintain all the records, book and files as mension in the Rule No. 65 in MCS,Rule1961 and as per Bye-Laws No. 142,143.
2. It is duty & responsibility of  Secretary  to keep up to date all records,book and files of Society as per Bye-Laws No. 144.
3. The Society  has to keep the following Register, records, book and file Permently and keep update.
1. “I” Register
2. “J” Register
3. Cash Book
4. General Ledger
5. Personal Ledger
6. Property Register
7. Share Register
8. Sinking Fund Register
9. Investment Register
10. Nomination Register
11. Mortgage Register
12. Minutes Book of Meeting of MC
13. Minutes Book of Meeting of AGM/SGM
14. Audit Report File
15. “O” Form File
16. Structural Audit Report File
17. Application for Membership / Associate Membership / Nominal Membership file[each separat files]
18. Approved Plans of Construction and correspondance thereon
19. All permision like CC, OC, Society Registration Certificate, NA Order Copy. etc
20. Property Tax , NA Tax, Water Charges, Electric Charges  Bill and Payment Receipt [each separat files]
21. All Agreement of Flats from 1^st Owner [who purchase flat from Builder] to Current/ Last Owner for each Flats in Society.
22. All Land relateded Document Like 7/12, C.T.S. Extract, Development Agreement, POA of Land etc
23. Bank PassBook, Cheque Book ,Fix Deposite etc
24. All Contract Deeds with papers connected thereto
25. Conveyance Deed and correspondence about Conveyance of the Property.

4. It is responsibility of Secretary of Outgoing Committee to Hand Over the Office of Society and all the records, book and files by making List to New Committee along with Chairman and other Member of MC and take sign of New Committee on List
5. If Outgoing Committee not Hand Over the  Office of Society and all the records, book and files to New Committee then Registrar of Society take action against the committee U/S 146 & 147 MCS ACT 1960. Registrar give order against Outgoing Committee for Disqualified for re-election of Society.
6. All  the records, book and files shall keep in the Office of Society. If Office of Society is not available the MC has to pass resolution where to keep this all the records, book and files
7. If Member of Society has to examin the any the records, book and files OR want copies of the same U/S 32 of MCS ACT 1960 and as per Bye-Laws No. 172 shall pay coping fees at the rates mentioned against them.

RTI Act - Applicability to Cooperative Societies

RTI Act - Applicability to Cooperative Societies

RTI Act - Applicability to Cooperative Societies

Analysis on: RTI ACT for Cooperative Society, Applicability?

In general anticipation of atleast a consolation relief, scores of Society members and related activists have been consistently yearning for the Coop. Societies to come within the ambit of the Right to Information Act.

CONTRARY to the increasing yearning:

01.Direct application of "Right To Information Act", CAN-NEVER-EVER be applicable to Non-Aided Coop. Societies of any kind (including Housing Societies). Coop. Society is a group of members, means OF the members, BY the members, FOR the members, ONLY.

REASON: The office-bearer of a Non-Aided Coop. Society “CANNOT” be classified as a “Public Information Officer” (u/s 2(l)), simply because they are not within the pay ambit defined for “Public Information Officer”, which further means that a “Public Information Officer”, must mandatorily be a Public servant or a Govt. Servant (refer section 20(2), who must be drawing Salary from the Public coffers, which in any case cannot be stated /defined for a office-bearer of a Coop. Society.

02. Applicability of "Right To Information Act", to the Cooperative Society’s is wishful thinking (flying Horses). However, selective information from a Cooperative Society can be obtained by making an RTI Application u/s 2(f) to the competent Public / Govt. Servant (example: to the Deputy / Assistant Registrar of Cooperatives), since he alone is bound by law (as a State PIO) to obtain relevant documents from the coop. Society AND THEN provide it to the RTI applicant.

Quote u/s 2(f): [Information relating to any private body which can be accessed by a public authority under any other law for the time being in force]

a) NOTE: Such procurable information under RTI, would only be in the nature of documents relating to the Society Registration & Membership details, the Audited Balance-Sheet, the registered Bye-Laws, the minute books of the Managing Committee meetings, the minute books of the General Body meetings and so on. BUT to the exclusion of any further documents concerning the Society’s business.

b) NOTE: U/s 32 of the MCS Act, 1960, “restrictions” are already in place for providing information about its own members to other members in the same Society, leave aside providing information to non-members (means the Public). The provisions of the RTI Act, would not be able to supersede the established “autonomous provisions” of the MCS Act, and on the contrary would be contrary to the established provisions of the MCS Act.c) For obtaining any & all (information) copies of the various records & registers of the Society, other legal options have to be adopted.

03. Scores of Coop. Society members and related activists are being mislead by some self-glorifiers, that the office-bearer of a Coop. Society, has become a “Public authority" u/s 2(h), just simply because now the Coop. Society has become a “self government established /constituted under the Constitution (97th Amendment) and/or under the State Legislature”, WHEREAS to the contrary, a “Public Authority” can only be a person who is a Public / Govt. servant, which is mandatory. In the case of a Coop. Society, its office-bearers CAN NEVER be classified as a Public / Govt. servant.

NOTE: The Gujarat High Court has declared on 22-04-2013, that “Articles 243ZH to 243ZT" of the 97th Constitutional amendment are “ultra vires”. These articles were SPECIFICALLY & SPECIALLY related to the Coop. Society’s. The MCS (Amendment) Ordinance, 2013, of 15-02-2013 is based on Constitution [97th amendment] Act, 2011, making it as infructuous.

04. A non-aided Coop. Society is not liable to answer ANYBODY (to the exclusion of its own members), for the profit / loss earned OR on the admission /rejections of memberships OR making expenses for the Society OR any other business (under MCS Act) of the Society. The decision of a autonomous Coop. Society is challengeable selectively /alternatively before the Coop. Registrar and/or before the Coop. Court.

05. WHO IS A "Public Authority u/s 2(h)" of the RTI Act.

a) A Public Authority is mandatorily a Public servant or a Govt. Servant (u/s 20(2) and should necessarily be drawing Salary from the Public coffers.

b)The senior most officer of the relevant Public /Govt. dept., appoints a competent officer for the "additional" post of "Public Information Officer (PIO)" (u/s 2(l), for the purposes of RTI Act, who is classified as a "State PIO", meaning he works for the particular State of India.

c) The PIO (u/s 2(l), is mandatorily a Public /Govt. Servant, mandatorily drawing his salary from the Public coffers alongwith the relevant pay benefits, holidays, retirement benefits and so on.

d) A PIO cannot be honorary or a voluntary Public /Govt. servant, simply because there is no such provision under the present laws, for a “Public /Govt. servant” to work without Salary & other retirement benefits.

e) The RTI-PIO, mandatorily being a “Public /Govt. servant” and drawing Salary from the “Public Coffers” CANNOT hold any “office of profit”, which in turn means that he cannot conduct any Business or join any other private job, till he remains a Public servant or a Govt. Servant.

f) Presently no Public servant or Govt. servant is designated as a stand-alone Public-Information-Officer. A PIO is logically a person holding an additional post apart from his usual post. By example a PSU bank manager, is a PIO for his branch, which means the bank manager is a Bank-Manager cum PIO. The Appellate authority, mandatorily has to be next in rank (u/s 19(1)), and in a PSU bank it is generally the Deputy General Manager who holds multiple positions viz. Deputy General Manager cum (&) Appellate Authority (RTI). Here the "Public Authority u/s 2(h), too would be the Deputy General Manager cum Appellate Authority (RTI)

g) Information under RTI, can be sought from Public / Govt. Dept., for any periods, even for the previous 30 years. Records have to be mandatorily maintained, preserved and/or reconstructed by the departments PIO. The PIO is liable to provide correct information on time and in the format it is sought for. Refusal /Failure of which, the PIO can be subject to “departmental disciplinary action” u/s 20(2) & imposition of “penalty upto 25,000/-“ u/s 20(1).

h) NOTE: Disciplinary action against the PIO, is possible under the "Service Rules" applicable to the PIO as provided for u/s 20(2), which reinforces the fact that the PIO has “mandatorily” to be “Public / Govt. servant” and the “Code of Conduct of services rules”, is applicable to the State PIO.i) The PIO is liable under The “Public Records Act, 1993", to maintain, preserve and/or reconstruct the missing / mutilated public documents.

06.WHY a Coop Society CANNOT appoint an RTI-PIO:

a) The office-bearers of a Coop. Society cannot be defined as a "Public /Govt. servant", hence do not derive authority to appoint a "Public Authority u/s 2(h) .OR. a PIO u/s 2(l)". ONLY & ONLY a "Public / Govt. servant", derives the lawful authority to appoint an "Public Authority u/s 2(h) or a PIO u/s 2(l)".

b) The office-bearers of a Coop. Society, cannot draw Salary from the Public coffers alongwith the relevant pay & retirement benefits and so on, simply because they are not classified as a "Public /Govt. servant".

c) The office-bearers of a Coop. Society have to mandatorily work as "Honorary Workers", (means without Salary) simply because under the provisions of the MCS Act, Rules & Bye-Laws, there is simply no provision for payment of Salary, pay benefits, holidays, retirement benefits and so on. In exceptional events & subject to various parameters & subject to "income over expenditure", a token "Honorarium fees", MAY be given to the office-bearers of a Coop. Society. Honorarium Fees are not defined as Salaries.

d) “Code of Conduct of services rules”, DO NOT apply to the office-bearers of a Coop. Society, simply because they CAN hold any “office of profit”, which in turn means that they CAN conduct any Business or join any other private job, since they are not a Public / Govt. Servant. Hence nobody can be appointed as a PIO of a Coop. Society, which means that RTI Act cannot be made applicable to a Coop. Society.

e) IF AT ALL, a Coop. Society were to appoint an PIO, THEN it would have to be from the "duly constituted" Mg.Committee itself AND NOT from the members of the General Body, due to authoritive hurdles and due to the fact that only the Secretary is liable for safe-keeping and assessing the Society records. IF a Society Secretary is made the PIO (u/s 2(l), THEN the Appellate Authority (u/s 2(h) would be the Society Chairman, which by default would mean & result in gross failure of the RTI movement in a Coop. Society, given the evidently consistent gross Apathy, Ignorance, Arrogance, Ego being cultivated in Coop. Societies.

f) Under the various parameters prescribed under the provisions of the MCS Act, Rules & Bye-Laws, a Coop. Society is bound to preserve its records for a maximum of 10 years, to the exclusion of the Society Registration documents, the Share Certificate Books, the various registers pertaining to its members, the various minute books pertaining to Mg. Committee and General Body meetings, which are to be preserved life-long, in its original state.

g) The Officer-Bearers of a Coop. Society has no authority to reconstruct any Society records & registers, without the express approval of Society General Body and the Final directions of the Coop. Registrar, failure of which it will be termed as “Fraud & Forgery”. The “Public Records Act, 1993” will not be applicable to Coop. Society’s. The members records & registers of a Coop. Society are held in a Fiduciary-in-Confidence u/s 8(1)(e), the information-disclosure of the same would not warrant any larger public interest.h) The Officer-Bearers of a Coop. Society, not being a Public / Govt. servant, cannot be penalized upto 25000/- u/s 20(1), for Refusal /Failure to provide Information and neither can be subject to “departmental disciplinary action” u/s 20(2). IF the PIO is a office-bearer of a Coop. society, THEN the penalty upto 25000/- (u/s 20(1)), cannot be recovered, simply because the office-bearer of a coop society work on honorary basis and further the said penalty amount cannot be recovered from the Coop. Society Coffers (i.e. members funds), THUS “jinxing” the provisions u/s 20(1) & 20(2) of the RTI Act.i) On an average the gross yearly salary for a “Public /Govt. servant” is approx. 300,000/- per annum, specifically for a person who could be competent enough to be designated as a PIO (RTI) cum regular post. Similarly for an Appellate Authority (RTI) cum regular post, the average gross yearly salary for a “Public /Govt. servant” is approx. 500,000/- per annum, for a person who could be competent enough to be designated as a Appellate Authority (RTI) cum regular post.

NOTE: A Coop. Society does not have any “Public Coffer” to afford around Ten Lakhs annually, to pay such PIO & Appellate Authority, leave aside the decade-old pending expenses of repairing & painting the society buildings. This being further so when the Coop. Society maybe a small Society with only 20 members, wherein logically the Society cannot annually spend around Ten Lakhs to pay as Salary to the PIO and the Appellate Authority.

07. BUMPER INTROSPECTION:

a) IT would be infructuous to imagine that the Govt. would designate a PIO for each Coop. Society, especially so when the Govt. wants the Coop. Society to function on Autonomous mode, without the interference of the Govt. & other persons with vested interests.

b) IT would be a further gross misconception to imagine that the Govt. would pay the salaries of the PIO’s that would be required to be designated for each Coop. Society.

08. INSTANT INFALLIBLE SOLUTION:

a) Depending on the State Governments inclination towards upholding the Cooperative Movement, AND under the powers vested u/s 157 & 158 of the MCS Act, the State Govt. may depute a dedicated "visiting PIO", from the Coop. Dept., to each Coop. Society, on "fee-recoverable basis" from the coop. society, who would authoritively access the Society records & registers (u/s 80(3), 81, 83, 84, 89A) & provide all the relevant information to the RTI Applicant.

b)The next-in-rank, means the "Appellate Authority" under RTI Act, would obviously be the Deputy Registrar of the ward, who would obviously be forced to sit-up from his apathy-chair, to uphold the Coop. Movement, using his Suo-Moto powers /authority, to rectify the defect shown by his own departments PIO.

c) This OBIVOUSY would instantly truncate out ALL the consistent gross Apathy, Ignorance, Arrogance, Ego being cultivated in Coop. Societies, besides disciplining the over-all needs & discontent of the Society members.d) This could also alleviate unemployment, which is over 40% of the gross population of any State. The educated unemployed would be more than happy and the Registrar could delegate his authority to a "authorized officer" who would be appointed as the PIO (under delegated authority), whose fees would be recoverable from the Coop. Society, since the so appointed "Authorised Officer cum PIO" would be covered as a Public Servant u/s 21 of the Indian Penal Code.

Online Registration of all Society is COMPULSORY. [For already Registered Society]

Online Registration of all Society is COMPULSORY. [For already Registered Society]

The Government of Maharashtra, Cooperation Department launches new website for creating online records of  all types of cooperative society. Registrar of Society informs all Auditor regarding this. But many auditors do not inform society. So here is a step by step guide for this process.

 Upload you Housing Society information online in the following way .

REMEMBER THIS WEB LINK IS OPEN ONLY IN INTERNET EXPLORER & MOZILLA FIREFOX Browser

Step 1.  Visit the link:- https://mahasahakar.maharashtra.gov.in/Account/Login/Login.aspx

Step 2. Click NEW REGISTRATION [नवीन नोदणी कऱा ] 

Step 3. Select Account type as Society. Fill other detail and create an Account. [Just like we create our email account]

Step 4. Fill the Society detail
 
Note:- 1. Of Society Type selects depending upon your total member i.e. For 101 members to 500 members [100 व  तायपेक्षा जाशत] OR for 10 members to  100 members [100 व  तायपेक्षा  कमी ]

 2.In Society code write 6405 for Housing  Society in Municipal Cooperation Area / Municipal Council Area.  & 6404 for Housing society in Gram Panchayat area            
 
3.    For Society class write class given by the Auditor in the audit report like A OR  B OR C

4. For email id:-If society has an email id then write that else write email id of MC Member. This is must since you get the confirmation No from the government on this email id. & also if any wrong information as per government record then you will inform on this email id.      

Step 5. Upload you Society registration certificate scan copy  in PDF, JPEG format


If you don't understand how to fill the form then refer the User Manual . Please visit the link:-   https://mahasahakar.maharashtra.gov.in/Account/Login/Society_Registration_User_Manual.pdf

For Society Code Please visit the Link:-
https://mahasahakar.maharashtra.gov.in/Account/Login/Society_Code.pdf

Uploading Audit Report Online for all Society is COMPULSORY.

The Government of Maharashtra, Cooperation Department now makes COMPULSORY uploading the Audit Report of all types of society on the website starting from F.Y. 2012-2013.

The department sends Logging ID & password to each panel auditor and inform them to upload the Audit report of all society for the audit they have done for F.Y. 2012-2013. Now onwards auditors have to upload all audit reports on the website. So that everyone can track this.

The website link where you can verify that your society audit is done or not ? The report is upload or not? Who is auditor etc. Is  https://mahasahakar.maharashtra.gov.in/forms/AuditTrackingReport.aspx

In this first you have to select your District then select your Taluka and then click on the Auditor wise button [Bule Button]  then Auditor Name , Society Name , Society registration No., Appointment of Auditor etc. Will come.

So I request all MC members before making payment to Auditor please verify that the auditor has uploaded the audit report online or Not. Since if you change the Auditor in F.Y. 2013-2014 then it is difficult for new auditor to upload your old Audit report. Then you have to go to the Registrar of C.S. Office and then as usual Govt. Office delay process for work start and Society face problem.

Now really Cooperation department moving towards fully Computersion / online process. Moving towards the transparency.  I think in a few years they can start registration of society online also

The Maharashtra Co-operative Societies Act [Amendment 2013]

The Maharashtra Co-operative Societies Act (MCS Act) [Amendment 2013]  :

https://www.maharash...ar_17082013.pdf

As published on 13.08.2013

MCS Act : effective from 14.02.2013

Election Rule of Maharashtra co-operative societies

Draft election Rule of Maharashtra co-operative societies- published on 19.8.2013

 

https://www.maharash...n 19.8.2013.pdf

Salient features of the Maharashtra Co-operative Societies (Amendment) Act 2013

Salient features of the Maharashtra Co-operative Societies (Amendment) Act 2013

 Some of Salient features of the MCS Act 1960 [AMENDMENT 2013] is as follow 

Some new provisions threaten the interests of voiceless and vulnerable sections such as aged citizens, troubled spinsters and NRIs. Such suffering and marginalized citizens – who are normally shy and reticent in every society -- will be compelled to attend general body meetings, or lose their voting rights or worse still, face expulsion, eviction notices etc. Their only hope lies in either being condoned by the very general body (which often acts as a mindless mob in the hands of the managing committees, victimizing and ostracizing such people) or in rushing off to appeal to the unresponsive and often corrupt officials of the cooperation department. Even if such society decisions are overturned after months or years of struggle, these vulnerable people will lose their peace-of-mind.

Other new provisions are a big blow to the influential managing committee members and society employees who carry the cooperative movement on their shoulders. Failure to comply with various deadlines can result in severe consequences, including dismissal, disqualification from contesting elections and cash penalties. Vindictive and vexatious members – who are present in every society – can invoke these provisions to do great damage to the society’s peaceful functioning. Auditors, who earn relatively small amounts (like Rs 2,500/-) by auditing the society’s accounts, are given the extraordinary mandate of filing an FIR (First Information Report) at a police station. Whenever this happens, managing committee members will become aaropi in an FIR, which may drag on for years, and result in needless harassment to managing committee members without coming to any conclusion. Currently, uniformed cops are a rare sight in societies; but now, as the new provisions slowly seep in, cops coming into societies and office-bearers being summoned to police stations will become a common sight. Needless to say, instances of bribery will become common.

The amendment has given the law some sharp edges, and also has guidelines and definite dates to societies for smooth functioning. It sets the bar on society administration unrealistically high. Below are the major changes in a nutshell.

ABSOLUTE DEADLINES:

• Audits: Last date for getting books of account audited is four months after the close of financial year 31st July of every year.

• Annual General Meetings: Last date for holding AGM is 30th  September. Default in this respect is almost certain to result in disqualification of the Managing Committee members for five years, and a cash penalty for responsible employees of upto Rs 5,000/-

• Informing Election Authority when an election is due. The State Cooperative Election Authority must compulsorily be informed at least six months before the expiry of the present committee’s term of office. Failure to inform will disqualify them from contesting the elections.

• Elections within 6 months in the case of managing committee being suspended. In case the managing committee is superseded for any default of theirs, and administrator/authorized officer is appointed by the Registrar, elections must be compulsorily held within six months, and control must be returned to the society members.

CHANGES REGARDING ELECTIONS:

• Immediate voting right. Members of housing/premises society are now allowed to vote immediately after enrollment. The earlier provision required a waiting period of two years.

• In a society not having any government grant or loan, no Administrators will be appointed. Instead, an active member or group of active members who were not members of the earlier managing committee (which has been suspended) may be authorized to act as “Authorized Officer”. In a Society has government aid, an administrator may be appointed, but for six months only.

• Only active members will have the power to vote in the affairs of the society including elections. Also, a non-active member cannot contest the election.  A member who does not attend at least one general body meeting and does not utilize the minimum level of services as prescribed in the bye-laws is liable to be classified as “non-active member”, unless his absence is condoned by a general body resolution.

• CEOs, Functional Director and other employees will be considered as“representatives” of the society, but not “members” for the purpose of voting. 

• Reservation of three seats for members from SC/ST/OBC etc. and two seats for women-members. This means that over and above the regular seats on the managing committee, there will be five reserved seats to be filled up by election from such class of members. If such seats are not filled up by election, then they may be filled up by co-opting or nominating suitable members.

• The State Co-operative Election Authority will prescribe procedures and manner of holding elections. Even casual vacancies must be filled up as per such procedure, and under the scrutiny and supervision of this authority.

AUDITS & COMPLIANCES:

•Tough audits. Each and every society must appoint a statutory auditor from an approved panel of qualified auditors, and have their books audited by them in deadline. The auditor is mandated to point out the particulars of the defects or the irregularities observed in the audit.

•FIR against managing committee members etc. In case of financial irregularities, misappropriation or embezzlement of funds etc., The auditor is required to investigate and report the modus operandi, the entrustment, amount involvement and file an FIR with the police as per Criminal Procedure Code, after getting necessary permission from the Registrar. If the auditor fails to do so, he may be disqualified from the government panel, and also, the Registrar is required to get the FIR filed by authorizing someone suitably.

•Fines for offenses under Section 146 have been enhanced. For example, where the penalty was Rs 500/-, it has been raised to Rs 5,000/-.

•For assistance with statutory compliances, legal and financial matters, societies are encouraged to appoint expert directors. Expert directors are defined as persons with experience in the field of banking, management, finance, and cooperatives, and includes a person having specialization in any other field relating to the objects and activities undertaken by the concerned society.

ASSESSMENT -- POSITIVE IMPACTS:

a)      Active members are empowered. Members – including managing committee members -- who are negligent in attending meetings may lose their voting rights after five years. On the flip side, those who diligently attend meetings may be rewarded with more power, and appointed as “authorized officer” if the managing committee trips up. They will gain all the powers that administrators enjoy, for at least six months.

b)      Administrators will normally not be appointed if there is no govt. money involved in the society. If there is a vacuum of power due to managing committee being unable to function, then active members will normally be appointed as “authorized officer” or “interim committee” by the Registrar. Only if there are no active members available to fulfill these responsibilities will an outside person be appointed as “authorized officer”

c)      Regular education & training for office bearers. Apex Co-operatives or State Federal Society will be required to conduct education and training in running of cooperative societies.  Managing Committee members and employees must compulsorily attend training at least once in five years. Each society is required to set aside funds to pay for such training.

d)      Co-op. The court will encourage Win-Win compromise, not Win-Losejustice. Cooperative court is mandated to seek settlement on terms that are acceptable to both the parties, through arbitration, conciliation, mediation etc.

e)      Deadlines must be strictly followed. Managing committees are required to now observe strict deadlines for completion of the statutory audit, submitting returns to the Registrar, holding the Annual General Meeting etc. Missed deadlines will have serious consequences such as disqualification of the managing committee, with no chances of being condoned. This may lead to better recordkeeping and management.

f)       Professionalism in management. Societies are mandated to adopt modern methods and technologies for management, record keeping, compliance with deadlines, statutory requirements etc. For this, they are encouraged to appoint professionals as “functional directors” and “expert directors”.

g)      Auditing is beefed-up. Statutory auditors will have to be appointed, and they are mandated to strictly ensure that accounting is proper.

h)      Filing First Information Report (FIR) will be filed in case of fraud, misappropriation etc. If manipulation of accounts is suspected, auditors and Registrar are mandated to register FIR with the police against the managing committee. In many wealthy societies, where office-bearers who have been skimming away handsome amounts and ordinary members have been struggling to expose them, a scalding hot cup of justice is about to be served!

ASSESSMENT -- NEGATIVE IMPACTS:

a)      The 97th Amendment (which was NOT entirely struck down) has added a Directive Principle of State Policy to ensure “autonomous functioning” and “democratic control” of cooperative societies. So, it is sad and ironic that many provisions of the Amended MCS Act are diametrically opposed to autonomous functioning. They have the potential to vitiate the cooperative atmosphere and harm housing societies in the following ways:

b)      Curbing their autonomy and creating scope for constant interference by officials from State Cooperation Department, State Co-operative Election Authority etc.

c)      Giving scope for police interference and bribery, and making some managing committee members “aaropi” (accused persons) in criminal cases, which may drag on for years with “tareekh-pe-taareekh”.

d)      Declaring aged people, widows, NRIs etc. as non-active members for not attending meetings, depriving them of voting rights and ultimately expelling and evicting them from the flats. This is a grave violation of their fundamental rights. Although there is a provision for the general body to condone their absence, it is well-known that the general body often acts as a mindless mob, and can be vengeful to individuals who do not tow the line.

e)      Disqualifying managing committee members for petty procedural reasons. The many provisions for disqualifying the actual doers in societies will make them vulnerable to some vexatious and vindictive society members.

f)       Giving additional scope for disputes in co-operation department and lengthy court litigations arises from the increase in the number of statutory deadlines will cause

g)      Poisoning the atmosphere with divisiveness, caste-based quarrels and misuse of Atrocities Act, due to caste-based reservations mandated in every society. So far, nobody knows the cast of their neighbors, especially in cities like Mumbai. But now, caste-knowledge and caste-insults will be in everybody’s tongue.

NON-OCCUPANCY CHARGES, IN A SOCIETY AND TENANTS STATUS

NON-OCCUPANCY CHARGES, IN A SOCIETY:

01. CRITERIA FOR LEVY OF NON-OCCUPANCY CHARGES:

a)    A person purchases a flat in a CHS for his own residential usage.  He (as Member) is bound by law to pay the Society Maintenance Charges, for his flat when he is personally residing or even if the flat is  kept locked. 

This means that even if the member is keeping his flat locked at all times, when he stays in Dubai, the member has still to pay the "FULL" Society Maintenance Charges, without any concessions.

UNDERSTANDING IT VERY SIMPLY:

b)    Members flat Closed / Locked / Vacant / not occupied for any period = is equal to Self Occupied,

WHICH  is further equal to = Regular full maintenance charges and non-occupancy charges cannot be levied.

Criteria = Possession should remain with the Member itself.  Period.

c)   Members flat occupied by non-family members,  that is Rentees / Leasees / Licensees = is equal to  "non self-occupancy"  which is further equal to =  compulsory levy of non-occupancy charges subject to a FIXED  “10% of the consolidated Service Charges”  (excluding Statutory Taxes).

Criteria = Possession should remain with the "Renter / Tenant"

d)   Family Member 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, and Grandson & Grand-Daughter.

Non-Occupancy Charges  CANNOT be levied to the above family-members of the bonafide  Member.  However, intermittent joint-stay of other family members OR friends, will not attract Non-Occupancy Charges.

e)   FLATS IN THE NAME OF TRUSTS /CORPORATES

In case of CHS Flats owned by Trusts or Corporate’s, Non-Occupancy Charges CANNOT be levied on the Guests staying in such flats.

Guests = Bonafide Staff members (Directors, Executives, Managers and so on)

HOWEVER,  for this the Company should submit a Board of Directors (BOD) resolution, to the Society detailing the name of person who is authorized to stay in the flat.  Besides the BOD resolution, the company NEED NOT submit any other document (means Form-Appendix no. 27 or  Form-Appendix no. 11, or  100/- as Nominal Membership fees or Notarized photocopy of the Leave & License (L&L, Rent) Agreement or Police verification Report of its staff).

A Company-Owned flat cannot be used as a regular Transit / Guest house

f)   Similarly a individual owner-member, may also give his Flat on rent /lease to a Corporate, BUT subject to compliance and requirements of the CHS bye-laws (more specifically detailed in point no. 03, below).

However, here the Corporate CANNOT use this tenanted flat, as a Transit / Guest House, for its Staff members.

02. NON-OCCUPANCY CHARGES FIXED at 10% :

The Society is concerned only with the FIXED 10% extra charges, over the regular service charges, as "Non-Occupancy Charges" and STRICTLY NOTHING beyond this. There is no concept of less than 10% or greater than 10%  non-occupancy charges.  Any amount (whatsoever) collected, besides the FIXED "10% Non-Occupancy Charges", is ILLEGAL, and is duly prosecutable under the Consumer Protection Act and also under the Indian Penal Code (Criminal Acts)

03. JURISDICTION OF A SOCIETY:

IF a Owner-Member wants to rent /lease out his flat THEN he is obliged to comply with the basic requirement under the CHS bye-laws. A Society is concerned only with compliance of the Bye-Law norms, which means:

      a)  Prior permission of the Society vide Bye-Law form-Appendix no. 27.

      b)  Form-Appendix no. 11, along with cheque of Rs. 100/- as Nominal Membership entrance fees

      c)  Certified Photocopy of the Leave & License (L&L, Rent) Agreement, duly Stamped and Registered.

     d)   Police verification Report of the Tenant

NOTE:  Even if the above Form no. 27 and Form 11, are not submitted to the Society, it does not "illegalize" the Tenant, nor does the Tenant become a "trespasser", as is hallucinating thought off by various ignorant MC's.

Subsequent to the above and /or irrespective of compliance of Form no. 27 and Form 11, the Society is liable and responsible to levy a FIXED "10% Non-Occupancy Charges", on the regular Society Service /Maintenance charges, in the society bill of its own registered primary member, but to the exclusion of Statutory charges (e.g.  BMC Property Tax, NA Tax, BMC Water Charges).  IT will be illegal on part of the Mg. Committee, to raise CHS Maintenance bills in the name of the Renter /Tenant.

NOTE:  Levy of “Non-Occupancy Charges” are Mandatory and Compulsory.  IF the Mg. Committee (MC)  fails to levy the Non-Occupancy Charges to the member, THEN all the MC has to jointly compensate the CHS, by paying the same from their own pockets, for non-compliance and violation of bye-law no’s. 43(1) & 43(2) & 20

04. COMMON SERVICES & AMENITIES:

The Society is classified as a "Service Provider", under the Consumer Protection Act, which is further reinforced from several Judgments of the Consumer Court.

The Sole-Responsibility of a Coop. Society, is to provide "Common Services & Amenities", to its members, which also lawfully means "Common Services & Amenities" to the Tenants of its members, which is more so specifically in lieu of the "10% Non-Occupancy Charges" that the Society has to mandatorily collect from its original member.   Under no circumstances the Society may levy any charges, directly to the Tenant.  Under no circumstances, the Society may stop any “Services /Amenities” to the said Renter /Tenant, which includes Car Parking, irrespective of an resolution passed by the Society.

05. RENTER /TENANT equals to "NOMINAL MEMBER":

a)  A licensed Tenant of the original Society member, is classified as a "Nominal Member", who by legal default derives rights to reside in a society members flat.    The "Nominal Membership" is to be granted to the Tenant, by virtue of the Rs. 100/- (as nominal members Entrance Fees).  However the Tenant derives no right to have any say in the affairs of the Society.

b)  IF the original member is paying the mandatory "10% Non-Occupancy Charges", THEN the "Tenant", definitely & lawfully derives all the rights to use the "Services and Amenities" that is available to the original member.  This includes Parking, Gym, Club-House & Swimming pool facilities.   The usual rights of  "Services and Amenities", CANNOT be deprived to a Tenant, even if such an resolution is passed by the Society General Body.  This is  successfully prosecutable in the Consumer Court.

HOWEVER, the Tenant (nominal member), does NOT derive any right to have any say in the management of the Society, more so specifically during the Voting / Contesting Elections / Attending AGM /SGM of the Society, as provided under the Society Bye-Law.

06. SOCIETY “NOT” THE OWNER OF FLAT:

a)   The Society does not own the members Flat (ownership property).  The Society cannot have a say (whatsoever) nor decide on the type of Tenant that could be allowed to stay in the Society.   It is the sole discretion of the Flat-Owner (member) to rent his property out on rent /lease, under the appropriate terms and conditions prescribed by the Law.  ONLY the flat owner can decide the type of tenant he wants to rent out his premises, BUT within the parameters of Law (i.e. cannot rent out his premises for commercial or illegal activities and so on).

b)   A Society has no legal jurisdiction to refuse residing rights to a Tenant, under any circumstances, especially in a flat owned by its member.  This is a legal fact, decided in various orders by the High Court and the Supreme Court.

c)   A Society cannot refuse a member from keeping a Tenant, even if the member is a defaulter or whatever.  The maximum a Society can do is to inform the local Police Station, about any illegal activities being carried out in the members flat, by the Tenant or the Member. Nothing more.    Even if the Flat-Owner (Member) has not taken permission from the Society for keeping a Tenant, in his own Flat, it will not amount to any illegality, nor can the Tenant be classified as a "Trespasser".

d)   Some nefarious MC's have assumed the role of "investigating" the Tenants, by conducting interviews of the Tenants.  Such interviews or assessment of the Tenants are illegal.

07. CRIMINAL LIABILITY ON THE SOCIETY  MC:

Irrespective of any resolution passed in the Society:

        a)  It is a Criminal offence to collect any charges in the guise of "Shifting Charges", or "Tenancy Deposit" or higher non-occupancy charges, over and above the mandatory 10% Non-Occupancy Charges on the Society Service /Maintenance charges.

      b) A Society is not entitled to levy compounding rate of Interest, on any outstanding amount.

      c) False levy of any other amount or charges in the Members bills

     d) Levy of any Legal Charges in the Members bills, without a judicial order.

     e) MC's cannot restrict or restrain or intimidate any Tenant from staying in a Housing Society, subject to compliance of minimum requirements, i.e. Registered Leave & License agreement and Tenants Police verification report.

     f)  MC's can be criminally prosecuted for Mischief, Cheating, Restraining, Restricting, Intimidating, Threatening, Insulting, and so on, for restricting /prohibiting tenants, from residing in a Society.

08. OVER-CHARGING  “NON-OCCUPANCY CHARGES”:

IF the society is charging more than 10% non-occupancy charges THEN the following individual and alternative remedies are available:

a)  Make a written complaint to the area Ward Registrar of Cooperatives, and pray that the CHS may be directed to refund the excess “non-occupancy charges” alongwith with interest  .AND. further pray that the MC may be penalized  for abuse of power and harassment.

NOTE: Only a bonafide member can file this complaint.

ADDITIONALLY ALONGWITH ABOVE:

b)  Make a complaint to the local Consumer Court, alleging "deliberate negligence and deficiency in services and over-charging"  .AND.  for abuse of power and harassment by the CHS Mg. Committee and pray for compensation for causing mental and physical trauma .AND. also for damages to the extent of the over-charged Non-Occupancy Charges” alongwith 18% thereon.

NOTE:  Tenant can file complaint, BUT only with the written consent of the Owner-Member and subject to availability of a duly stamp-duty paid and registered rent /lease agreement

MORE ADDITONALLY ALONGWITH ABOVE:

c)   File a written police complaint.AND / OR.  lodge a “Private Criminal case”  with the local Metropolitan Magistrate’s Court, against all the CHS Mg. Committee members (jointly) for, the various criminal harassments, like :

                i) For Cheating – u/s 418 (IPC)

               ii) For Mischief – u/s 427 (IPC)

              iii) For Intimidation – u/s 503 , 504, 509 (IPC)

              iv) For Extortion – u/s 383 (IPC)

              v)  For Restraining (stopping) – u/s 339 (IPC)

NOTE-1: All the options (a, b, c) can be filed individually and simultaneously

NOTE-2:   IMPORTANT - Must follow due documentary procedures alongwith relevant documentary evidences (proofs), before initiating above legal actions.

NOTE-3:  The Tenant alone can file this complaint, WITHOUT the consent of the owner-member, but subject to availability of a duly stamp-duty paid and registered L&L agreement.

09. PRESUMED NUISANCE, BY TENANTS:

a)    Sometimes, the Society does experience nuisance from Renters /Tenants, in the form of Rowdiness, Alcoholism, visiting girl-friends of the Tenants, playing of Loud Music, etc....  HOWEVER these can never ever be a ground for restricting /prohibiting Tenants, since all these nuisances are rampant and unchecked, amongst the Society members themselves.  It is a routine feature amongst Society Members, to bicker and fight for petty things, which includes, Ogling, Bitching, Parking, Drunkenness, Gambling, Spitting Pan juice,  Loud music, Abuses & Dada’giri, misappropriating members funds, egoistic power-struggle and what-not's.

b)    On the Contrary, the Tenants who being non-owners of the rented premises, are usually more humble and subdued, keep unto themselves and never interfere in the affairs of the Society or any of its members.

10. LEGAL BYE-PASS:

Subject to duly executing a Registered Leave & License agreement and Tenants Police verification report, the following can ALSO be successfully complied:

a) Under a typical Bye-Law, an Associate Member is not barred from Staying in the Member's Flat

      b) Limited to filing Bye-Law appendix no. 7, (alongwith Rs. 100/- as Associate Member Entrance Fees)  the original owner can make his "Tenant" as his Associate member.

Note:  Associate Membership can be withdrawn, by just simply instructing the Society for withdrawing the Associate Membership.  There is no legal-lacunae or legal-risk (whatsoever), since this type of Associate membership, has negligible rights.

     c) A Society CANNOT charge 10% as Non-Occupancy Charges, from an Associate Member.

    d) A Tenant can lawfully,  be made an Associate Member.

11. BACHELOR TENANTS CANNOT BE BANNED:

a)  The inbuilt craving to formulate Laws to govern & control other members, lead to ignorant MC's and GB General Body (GB), to pass "illegal & invalid" resolutions, for "Prohibiting /Banning Bachelor Tenant", from staying in a Society.     Such "selective & prohibitive" provisions /bye-laws created /amended under a "bye-law" approved /passed by the GB, is also  "illegal & invalid", leading to animosity and discontent in the Society, which also means "failure of the Cooperative Movement".    AS IT IS,  the Society or the MC or the GB is a "nobody"   or say "does not have the "Capacity or Capability"  to decide the legalities of such things for which there are various Laws available.  The Society MC or the GB are not "Lok Sabha" members or Parliamentarians who are empowered to pass Laws.

b)   If  ignorant & nuisance GB resolutions have their whimsical ways in a Cooperative Housing Society, then one can also expect that the ignorant GB may pass resolutions for compulsory  marriage between the members (as is a custom in some Indian culture) .OR. "compulsory sale" of flats in case the owner becomes a Widow.  This is more so since some nefarious MC's and their cronies, are in a way, controlling  the strings in a GB meeting.

12. SHYING AWAY FROM COOPERATIVE SOCIETY:

Looking at the consistent nefarious attitude of few MC's and herd-mentality GB's, Investors are avoiding investing in Housing Society properties.  On realizing the nefarious management attitude in a Housing Society,  some people have started registering their group properties, under the concept of a "Condominium",  which truncates out the nefarious management attitude in a Housing Society.  A condominium management is highly flexible and more easily, peacefully & professionally manageable, WITHOUT the usual bickering & bitching that is rampant in present Housing Society’s.

13. MH Govt. GR No. 20081104172832001 of 01st August, 2001:

BESIDES, the Maharashtra Government’s GR No. 20081104172832001 Dated 01stAugust, 2001, on  “10% Non Occupancy Charges”,  the Coop. Dept., has made no provision for Penalty and /or Penal Action under the Cooperative Laws, on those Society Mg. Committees, who dictatorially collect more than 10% as “Non Occupancy Charges”, from the helpless members of the Society, thus leading to discontent, resentment and gradual failure of the Cooperative Movement.

NO MAJOR DECISION BY MANAGING COMMITTEE TILL ELECTION UNDER 97TH AMENDMENT CO-OPERATIVE COMMISSIONER ORDER DATED 26.02.2013

 

FAQ's ON MAHARASHTRA STATE CO-OPERATIVE HOUSING SOCIETIES

FAQ

Under which section of the co-operation Act and in which situation the deregistration of society made?

Under section 21 (A) of the Maharashtra co-operative housing society Act 1960, the society can be deregistered. If the society is registered under following situation:-

1)             Registrar by giving false information

2)             Work of the society not completed.

3)             Purpose of not server for which it was formed

What is the Function of Secretary of the society?

The Function of the secretary of the society shall be those mentioned below:

1.             To issue share certificates to members within the stipulated period and the prescribed manner.

2.             To deal with resignations from members, including associate and nominal members.

3.             To enter nominations and revocations thereof in the Nomination Register.

4.             To inspect the property of the society.

5.             To issue notices regarding repairs to be carried out in flats.

6.             To deal with cases of expulsion of members.

7.             To deal with cases of cessation of membership, including associate and nominal membership.

8.             To deal with the applications for various purposes received by the society.

9.             To prepare and issue demand notices/bills for payment of the society's charges.

10.           To bring cases of defaults in payment of the society's charges to the notice of the Committee.

11.           To issue letter of allotment of flats.

12.           To issue notices and agenda of all meetings of the general body.

13.           To record the minutes of all the meetings of the body.

14.           To call the first meeting of the newly constituted Committee.

15.           To issue notices of all the meetings of the Committee.

16.           To attend meetings of the Committee and to record minutes thereof.

17.           To maintain account books, register and other records, unless otherwise decided by the Committee.

18.           To finalize account of the society in the required manner.

19.           To produce records of the society before different authorities concerned with the working of the society with the consent of the Chairman.

20.           To prepare the audit rectification reports in respect of audit memos received from the Statutory and Internal Auditors.

21.           To bring breaches of the bye-laws by the members to their notices under instructions from the committee.

22.           To discharge such other functions under the MCS Act, 1960 the MCS Rules1961 and the Bye-laws of the society and directions of the Committee and the general body meetings, as are not expressly mentioned hereinabove.

23.           To place the complaint application with facts, before the Committee, in the coming meeting.

What is provision if distrust arise against the office bearers and similarly against the employees of the office of the Housing society.

No confidence resolution can be moved against the chairman/Dy. Chairman, secretary, and treasurer. The concerned office bearer can be expelled by passing a resolution through voting of 2/3 members. Once a no-confidence motion is rejected then it could not be moved for six months from the date of resolution. If there is distrust against employees then the society may take action by giving them sufficient opportunity and by hearing them.

What is the provision for submitting M-20 bond by the managing committee of the Housing society?

It is obligatory on the managing committee members of the housing society to prepare bond individually in format M-20 as prescribed in rule 56 and under section 73(A) & 73(A) (B) within 45 days from the date of taking charge of the office (from the date of first meeting of newly elected managing Committee) and keep it in the society’s office and to inform concerned registrar office accordingly otherwise by presuming that the posts are vacant administrator is elected. The format of the bond is as follow:-

(Form M-20)

See Rule 58-A

I, Shri/Smt._______________________________ age ______ residing at __________________ elected on the managing committee and its term am ________________ years. I have stared the working of the office from this date. I, today means _______ dt. ___________________ declared I will be jointly and individually responsible for those decisions taken by the society in its tenure which are related with working of the society. I. will be responsible for all such acts and disacts which cause damage to the interest of the society and for which provision is made in Section 71(1) (ab) of the Act.

Sd/-

Seal of the society

Date:

Place:

Signature of the witness

(Secretary /Chief executive officer)

The Bond letter should be executed on the stamp paper under Mumbai Stamp Act 1958.

What is a procedure to moved no-confidence motion against office bearers of the Housing society?

No confidence motion against the office bearers of the housing society can be move under section 73 I. D. (1) (2). Its procedure is as follow:-

A.            It is necessary to give no confidence motion in the format 1-18 prescribed under rule 56(A)(1) under co-operation law by signing at least 1/3 members of the managing committee members to the office of the concerned Dy./Asst. Registrar.

B.            After receiving such no confidence motion then it is necessary that the registrar have to issue orders for calling meeting of managing committee on the motion by appointing authorizing officer under provision in law.

C.            It is obligatory on the part of the officer appointed to organized that said meeting within 15 days from the date of notice under section 73 I.D.(3). In this meeting the no confidence motion should be passed by 2/3 majority of the number of members. This meeting could not be postponing for any reasons.

D.            It is obligatory that the officer appointed for this meeting should have to give his decision the no confidence motion in M-19 format prescribed under 57(V)(7) of co-operative law. If no confidence motion is rejected then no-confidence motion cannot be moved for at least next 6 months.

With Membership What Important Rights received to the Member of the Housing Society?

A member of the Housing Society received following Powers/Rights after getting membership.

1.             He is getting right to take possession of his flat.

2.             Get right to make co-member/nominal member.

3.             Get a right to received bye-laws copy.

4.             Get a right to inspect concerned account and other papers mentioned in Section 32(2) and to get copies of that.

5.             Get a right to present in General Body Meeting.

6.             Get a right to fill a form as a candidate for Managing Committee Election if he is not defaulter.

7.             Right to cast vote in the election of the society.

How shall the Committee apportion the Share of each member towards the charges of the Society?

The Committee shall apportion the Share of each member towards the charges of the Society on the following basis:

(i)            Property taxes: As fixed by the Local Authority.

(ii)           Water Charges: On the basis of total number and size of inlets provided in each flat.

(iii)          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 expenses of normal recurring repairs.

(iv)          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 the fact whether they use the lift or not.

(v)           Sinking Fund: As provided under the bye-law no. 13(c).

(vi)          Service Charges: Equally divided by number of flats.

(vii)         Parking Charges: At the rate fixed by the general body of the Society at its meeting under the Bye-law No. 84 & 85.

(viii)        Interest on the delayed payment of charges: At the rate fixed under the Bye-law No. 72 to be recovered from the defaulter member.

(ix)          Repayment of the installment of the loan and interest: The amount of each installment with interest fixed by the financing agency.

(x)           Non-Occupancy charges: At the rate fixed under the Bye-law No. 43(2)(iii)(c).

(xi)          Insurance Charges: In the proportion the built up carpet areas of each flat, provided that if there is increase in the insurance premium due to storing any specific goods in any flat, used for commercial purposes, the extra burden of insurance premium shall be shared by those who are responsible for such increased premium in proportion of the built up areas of their flats.

(xii)         Lease Rent: The built up carpet area of each flat.

(xiii)        Non-Agricultural Tax: The built–up carpet area of each flat.

(xiv)        Any other charges: As may be decided by the General body of the Society at its meeting.

Can Service charges be charged per area of gala?

As per provisions under bye-laws no. 69(a) there is a provision to charge the service charges to all flat based on per area.

Who shall fix the Society charges in respect of every flat and on what basis?

The Committee has the duty to fix the Society charges in respect of every flat on the basis of the provisions as laid down under the Bye-law No. 69(a).

How can be challenge the resolution passed in Annual General Body Meeting?

A dispute can be raised by filing a suit in co-operation court under Section 91 of the Maharashtra Co-operative Societies Act 1960 and Resolution can be challenge.

Which proceeding could not be transacted in the meeting called by not giving proper notice?

Proceeding on the subjects like expelling member of the Co-Operative Housing Society, to make amendment in the bye-laws, partition of the society, to transfer amalgamated society’s property etc. which are dealing with important policy matter and causing for reaching effect cannot be transacted in the meeting called by not giving proper notice.

What are the limits for incurring expenditure on repairs and maintenance of the Society's property?

The Committee is competent to incur expenditure on the repairs and maintenance of the Society's property, if the one time expenditure does not exceed:

Up to 25 members Rs. 25,000/-

26 to 50 members Rs. 50,000/-

51 and above Up to Rs. 1,00,000/-

If the one time expenditure on repairs and maintenance of the Society's property exceeds the limits as mentioned under Bye-law No. I58 (a), prior sanction of the meeting of the General Body of the Society shall be necessary.

Can a member have access to the Bye-laws of the Society?

As per the provisions of Bye-law No. 22 of the Model bye-laws of the Society, 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 No. 172 (which is Rs.10/- more than the cost price).

What is the copying fee for supply of copies of documents to members of the Society?

The member of the society, requiring copies of the following documents shall pay copying fees at the rates mentioned against them:

1.             Bye-law of the society Rs.10/- more than the cost price.

2.             Amendment of the bye-laws of the society Rs.2/- per page.

3.             Last audited Balance Sheet of the society Rs.10/- per page.

4.             Application for membership of the society Rs.5/-.

5.             Second and Subsequent Nomination by the member of the society Rs.5/-

6.             Share Certificate of the society Rs.50/-.

7.             List of members of the society Rs. 5/- per page.

8.             Correspondence (related to member) Rs. 5/- per page.

9.             Minutes of the General Body meetings and Committee meetings Rs.5/- per page.

10.           Indemnity Bond Rs.10/-.

Besides this, for certified copies of the documents a fee shall have to be paid as per Rule 27 of the M.C.S. Rules, 1961.

What is the remedy if the Member/Members are not satisfied by the decision of the Committee or does not receive any communication from the Committee?

If the Member/Members are not satisfied by the decision of the Committee, or does not receive any communication from the committee within 15 days, then he / they may make complaint to the Advisory Committee constituted by the General Body of the society. The formation and powers of such Committee is decided by the General Body. If the concerned member is not even satisfied with the decision given by such Advisory Committee, then as per the nature of the complaint, the complainant member can approach the below mentioned authorised officers:

a.             Registrar;

b.             Co-operative Court;

c.             Civil Court;

d.             Corporation/Local Authority;

e.             Police;

f.              General Body;

g.             Federation.