Wednesday, June 18, 2014
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.
Thursday, June 12, 2014
MODEL BYE – LAWS OF COOPERATIVE HOUSING SOCIETY AS PER 97 TH CONSTITUTIONAL AMENDMENT and MAHARASHTRA CO-OP. SOCIETIES (AMENDMENT)
MODEL BYE – LAWS OF COOPERATIVE HOUSING SOCIETY AS PER 97 TH CONSTITUTIONAL AMENDMENT and MAHARASHTRA CO-OP. SOCIETIES (AMENDMENT)
http://sahakarayukta.maharashtra.gov.in/site/PDF/Rules_Acts_Bylaws/Model_ByeLaws_of_Housing_Cooperative_societies.pdf
http://sahakarayukta.maharashtra.gov.in/site/PDF/Rules_Acts_Bylaws/Model_ByeLaws_of_Housing_Cooperative_societies.pdf
Wednesday, June 11, 2014
BACHELOR TENANTS - PROHIBITED IN A SOCIETY ??? ITS ILLEGAL.
BACHELOR
TENANTS - PROHIBITED IN A SOCIETY
Every citizen of India and non-citizens, have been granted
fundamental rights under the Indian Constitution, to stay (reside)
anywhere in India, BUT except in prohibited and restricted areas.
EMERGING TREND
(a) In Metropolitan /Industrialized Cities (e.g. Mumbai, Pune ....
), a new nefarious and knee-jerk whimsical concept of Prohibiting
/Banning "Bachelor Tenant", from staying in a Society, is
emerging, causing gross discontent among the Society members, thus
leading to gradual failure of the Cooperative Moment.
(b) The MCS Act does have not provisions for "Prohibited &
Restricted" areas in the Society premises. The Mg. Committee
(MC) has compulsorily to work under the provisions of the MCS Act
and .IF. the MCS Act does not provide for restrictions on
"Tenants", THEN "Bachelor Tenant" cannot be
prohibited (banned) from residing in a Society, even if for whatever
reasons.
(c) 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.
(d) If such instances in Society are a regular feature, which
could also mean "constitutional failure", then a
"suo-moto" application may be forwarded to the Registrar of
CHS for "de-registration" of the society registration,
citing the "illegal and invalid" activities and for
violation of the "Rule of Law".
(e) 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.
Friday, June 6, 2014
SELLING OF SOCIETY LAND TO ECHS WITHOUT TAKING ALL MEMBERS ON BOARD
Para 4(a) is agreed with market rate or maximum rate auth to hire bldg for ECHS.
Para 4(b) is NOT AGREED TO SOLD COMMON AMENITY AREA TO ECHS. Such type of decision have to be taken with at least more than 75% vote in writing by owners , not by Society appointee/committee . I am totally against for selling of land to ECHS when there is provision to take bldg on hire already exist.
ECHS should approach Pune Municipal Corporation for land which are given to them for community welfare, east of JAI JAWAN Bldg. Our common amenity area is meant for permanent source of income to run society smoothly by leasing to various shop or utility purposes on rental basis. NO OUTRIGHT SALE IS RECOMMENDED TO ANY ONE.
LIST OF OWNERS IN AWHO HADAPSAR PH-I
link to download
Ranks
are not mentioned since all members are equal in Society and due to
some of them are still serving
List of members in Phase- I
AWHO UNDER RTI ACT
Lt. Col.(Retd.) R. Bansal Vs AWHO
Order reserved and pronounced on 4 th July, 2013.
( Vijay Sharma )
Information Commissioner
link : AWHO UNDER RTI ACT : Detailed order
"AWHO is public authority u/s 2(h) of the RTI Act. Hence, we direct the Director General, AWHO, to designate a CPIO and first Appellate Authority under the RTI Act with in 04 weeks of the receipt of this order. After assumption of office, the CPIO would respond to the RTI application in question as per law in 30 days time. The appellant reserves the right to appeal against the order of the CPIO under the provisions of section 19 of the RTI Act."
Order reserved and pronounced on 4 th July, 2013.
( Vijay Sharma )
Information Commissioner
link : AWHO UNDER RTI ACT : Detailed order
READ UNDERLINED WITH RED COLOUR ?????? IS THIS TRUE !!!!
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.
JURISDICTION OF A SOCIETY
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 member, but to the exclusion of Statutory charges (e.g.
MUNICIPAL CORPORATION Property Tax, NA Tax, MUNICIPAL CORPORATION
Water Charges).
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