Saturday, May 16, 2015
Friday, August 8, 2014
Thursday, August 7, 2014
Wednesday, July 30, 2014
AWHO Master Brochure Jul 87 amdt upto 29 Feb 2004 and Tech Brochure Dec 2003
Must Read for all
https://www.dropbox.com/s/
https://www.dropbox.com/s/
Has AWHO fulfil all responsibility ??
https://www.dropbox.com/s/
https://www.dropbox.com/s/
Has AWHO fulfil all responsibility ??
Tuesday, July 29, 2014
ALL RELEVANT RULE, ACTS AND INFO AT ONE PLACE
1. BYE LAW - Approved by Govt - https://www.dropbox.com/s/huwsywucynj84hg/Model_ByeLaws_of_Housing_Cooperative_societies_001.pdf
2. Co-operative Housing Societies Manual by GOVT OF MAHARASHTRA - https://www.dropbox.com/s/
3. Maharashtra Co-operative Societies Rules. 1961 - https://www.dropbox.com/s/
4. The Maharashtra Co-Operative Societies Act I960 -- https://www.dropbox.com/s/
5. THE REGISTRATION ACT, 1908 - https://www.dropbox.com/s/
6. THE MAHARASHTRA RENT CONTROL ACT, 1999 - https://www.dropbox.com/s/
7. A Form of application for permission to sublet/give on leave and license or care-taker basis the Flat/Part thereof Appx 27 and The Form of application for Nominal Membership by the sub-lettee the Licensee or the Caretaker or occupant Appx 11 - https://www.dropbox.com/s/
8. Balance sheet 2013-14 : https://www.dropbox.com/s/
9. Balance sheet 2011-12 : https://www.dropbox.com/s/
10. AGBM 11 Aug 2013 - https://www.dropbox.com/s/
11. AGBM 03 Feb 2013 - https://www.dropbox.com/s/
12. AGBM 05 Aug 2012 - https://www.dropbox.com/s/
13. AGBM 28Aug 2011 - https://www.dropbox.com/s/
14. AGBM 09 Jan 2011 - https://www.dropbox.com/s/uix63dsgzmiezw3/AGBM%20for%20Yr%202010-11%20on%2009Jan2011.pdf
15. Details Of Amount Payable to allottees by AWHO as Project Surpluse Of Various Closed Project - https://www.dropbox.com/s/4emzx3enx13d8l1/AWHO%20project%20surplus.pdf
16. 7x12 land ownership of our society (अ�धकार अिभलेख प�क) - https://www.dropbox.com/s/
20. Police verification Form - https://www.dropbox.com/s/
21. Agenda Point given by Anil Kumar Singh B-12 - https://www.dropbox.com/s/
22. Facebook Gp - https://www.facebook.com/
23. Whatsapp Gp - by adding me with Mob no - 7407022881
Saturday, July 26, 2014
Statement of ac for 2013-14
Please see attached file for Statement of Accounts financial year 2013-14 for your information please.
Tuesday, July 22, 2014
AGENDA POINT FOR NEXT GBM ON 10 AUG 2014
On popular demand Gist of agenda point is re-posted for ease of reading on Smart-phone/Tablet etc and convenient to reply. Please send your vote before 05 Aug 2014.
https://www.dropbox.com/s/bzcb7d1tnvy87hp/00%20small%20AWHO%20Hadapsar%20%20Pune%20GBM%20Points%20for%20Aug%202014%20for%20voting.docx
Friday, July 18, 2014
Wednesday, July 16, 2014
EFFECT OF RTI ON AWHO : ALL ARE GETTING PROJECT SURPLUS MONEY AFTER CLOSING OF AC ?????
Details Of Amount Payable to allottees by AWHO as
Project Surpluse Of Various Closed Project on
Project Surpluse Of Various Closed Project on
(Updated upto 11 Jul 2013)
Pune Hadapsar PH I
Pune Hadapsar PH I
https://www.dropbox.com/s/4emzx3enx13d8l1/AWHO%20project%20surplus.pdf
Saturday, July 12, 2014
Procedure for obtaining Permission to fly by pvt airlines
Kindly circulate amongst max offrs
Procedure for obtaining Permission to fly by pvt airlines
All requests to come by email in the Proforma (Annexure - A) from
Download the proforma, fill it & e mail to permissioncell.moca@nic.in....
And then give a call at 011-24632950 (Extn 2873 )
....he will fwd the sanction to you by email.
Sectors on which General/blanket relaxation issued are at Annexure-I &
Annexure- II.
Annexure- II.
Friday, July 11, 2014
Monday, July 7, 2014
PUNE POLICE VERIFICATION FORM
Click here to down load from "Pune Police website"
http://www.punepolice.gov.in/sites/default/files/Cir_Ord_Not_Frms_Notifi/Tenent_form_9_1_14.pdf
Other format available
https://www.dropbox.com/s/esehew0n8709m12/PoliceVerifircation-Tenant%28Pune%29%20other%20format.pdf
http://www.punepolice.gov.in/sites/default/files/Cir_Ord_Not_Frms_Notifi/Tenent_form_9_1_14.pdf
Other format available
https://www.dropbox.com/s/esehew0n8709m12/PoliceVerifircation-Tenant%28Pune%29%20other%20format.pdf
Saturday, July 5, 2014
Registration of Leave and Licence agreement NOT mandatory for 11 months
Registration of Leave and
Licence agreement NOT requird for 11 months under provisions of
Section 17(d) of the Indian Registration Act 1908. Extract
of relevant act as given below :-
“REGISTRATION ACT, 1908
PART III
OF REGISTRABLE DOCUMENTS
(a) Instruments of gift of
immovable property;
(b)
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx;
(c)
xxxxxxxxxxxxxxxxxxxxxxxxxxx; and
(d) Leases
of immovable property from year to year, or for any term exceeding
one year, or reserving a yearly rent;
(a) xxxxxxx
(b) xxxxxx
(c) leases
of immovable property for any term not exceeding one year, and leases
exempted under section 17;”
In view of above, MC should not impose unlawfully to members (who are
unwilling to register) for Registration of leave and Licence
agreement which is less than one year ie 11 months against above law.
Notarised agreement will be sufficient for society. Even Local
Police knows this regulation and giving NOC for notarised agreement
but some society is totally ignorant about it. Only if agreement is
exceeding one year then registration is mandatory. Read
other act in conjunction with above law not in isolation.
Saturday, June 28, 2014
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.https://www.dropbox.com/s/ufrl37f7d6juztl/Agenda%20Point%20for%2010%20Aug%202014%20AGBM%20from%20AK%20Singh%20B_12.pdf
Monday, June 23, 2014
Friday, June 20, 2014
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
1 message
Wednesday, June 18, 2014
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
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.
- 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.
- It is duty & responsibility of Secretary to keep up to date all records,book and files of Society as per Bye-Laws No. 144.
- The Society has to keep the following Register, records, book and file Permently and keep update.
- “I” Register
- “J” Register
- Cash Book
- General Ledger
- Personal Ledger
- Property Register
- Share Register
- Sinking Fund Register
- Investment Register
- Nomination Register
- Mortgage Register
- Minutes Book of Meeting of MC
- Minutes Book of Meeting of AGM/SGM
- Audit Report File
- “O” Form File
- Structural Audit Report File
- Application for Membership / Associate Membership / Nominal Membership file[each separat files]
- Approved Plans of Construction and correspondance thereon
- All permision like CC, OC, Society Registration Certificate, NA Order Copy. etc
- Property Tax , NA Tax, Water Charges, Electric Charges Bill and Payment Receipt [each separat files]
- All Agreement of Flats from 1st Owner [who purchase flat from Builder] to Current/ Last Owner for each Flats in Society.
- All Land relateded Document Like 7/12, C.T.S. Extract, Development Agreement, POA of Land etc
- Bank PassBook, Cheque Book ,Fix Deposite etc
- All Contract Deeds with papers connected thereto
- Conveyance Deed and correspondence about Conveyance of the Property.
- 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
- 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.
- 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
- 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]
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 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] :
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
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.
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