APPENDIX - 25 (1) & 25 (2) 25 (1) Under the Bye-law No. 38(e)(xi) A Form of Undertaking about the Registration of the Transfer of a Flat under- Section 269AB of the Income-Tax Act. 25 (2) (Under the Bye-laws Nos. 19A (vii) and (iv) Form of Undertaking about the registration of the acquisition of a flat under section 269 AB of the Income-Tax Act. It will be essential that not less than minimum 1/4 th members of the co-operative housing society, where buildings are to be re-developed, should submit an application addressed to the Secretary of the Managing Committee of the society duly elected and constituted as per the Bye-laws and law, for convening the Special General Meeting of the.
- Maharashtra Housing Society Bye Laws 2019 In Marathi Pdf Download
- Maharashtra Housing Society Bye Laws 2019 In Marathi Pdf Free
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AMENDMENT
Government of Maharashtra has already passed 97th Constitutional Amendment on 14th February, 2013. State Government has amended Maharashtra Co-operative Societies Act, 1960 by Maharashtra Co-operative Societies (Amendment) Ordinance, 2013.
The Dy. Registrar of each zone in Mumbai has issued Circular No. 503 dated 28.02.2013 to adopt New Model Bye Laws before 30th April, 2013 in General Body Meeting.
It is mandatory for all Co-operative Housing Societies to call for a Special General Body Meeting before 30th April, 2013 to adopt the New Model Bye-Laws of Co-operative Housing Society as per 97th Constitutional Amendment and Maharashtra Co-op. Societies (Amendment) Ordinance 2013.
After approval of New Model Bye-laws, Co-operative Housing Societies need to send the approved Model Bye-Laws to Dy. Registrar of Societies for their approval.
The silent features of these amendments governing the Co-operative Housing Societies in Maharashtra are described hereunder:
1. There will be only 2 types of Members i.e. Nominal & Associate Member as against Nominal, Associate & Sympathiser Member as per old Act. Sympathiser Member is deleted.
2. Member is further classified as Active Member & Non-Active Member. Active Member is defined as one who participates in the affairs of the Society and utilizes the minimum level of services or products of that Society as may be specified in the Bye-Laws.
3. Member not attended 1 AGM in 5 years and if does not utilizes minimum level of services at least once in 5 consecutive years as may be specified in Bye-Laws shall be classified as Non-Active Member.
4. Non-Active Member shall be liable for expulsion u/s 35 and also not entitled for Vote. Non-Active Member can be Active Member on fulfilment of above criteria.
5. A new State Co-operative Election Authority would be constituted by State Government u/s 73CB to conduct elections of Co-operative Societies to have transparency in election process.
Maharashtra Housing Society Bye Laws 2019 In Marathi Pdf Download
6. It is the duty of present Managing Committee to intimate State Co-operative Election Authority for holding of its election before expiry of its terms. If there is any default on the part of Managing Committee to inform, action u/s 77A will be initiated against Managing Committee Members.
7. Every Society will have to deposit in advance the estimated amount of election expenses as the Election fund with State Co-operative Election Authority.
8. Every Managing Committee Member shall undergo co-operative education and training through State Federal Societies or the State Apex Training Institutes for the prescribed period as decided by Govt.
9. Every Society shall contribute annually towards such Education and Training Fund of State Federal Societies or the State Apex Training Institutes at the rates as may be prescribed.
10. Contribution to Education Fund as per old provision u/s 68 discontinued.
11. Maximum number of Committee members shall be 21.
12. Section 73BBB with regard to reservation of Woman Member in Managing Committee is deleted. But reservation for women is given in new section 73C for 2 women irrespective of size of Managing Committee.
13. Managing Committee Member will be disqualified if he is classified as Non-Active Member
14. Government has withdrawn powers of Registrar to suspend the Managing Committee of Housing Societies as also to appoint an Administrator in Housing Societies.
15. Due date for taking AGM will be 30th September i.e. 6 months after end of each financial year. No extension will be granted for postponing the AGM after 30th September. If Society fails to conduct AGM within due date, Registrar will have the authority to conduct AGM.
16. Society has to file Returns to Registrar within 6 months after end of each financial year and inform the name of Auditor to Registrar within 1 month of AGM.
17. Auditor should not accept audits more than 20 Societies (excluding paid up share capital of less than Rs. 1 Lac) in a financial year.
18. Audit Rectification report should be placed before next AGM and also to be submitted to the Registrar.
19. Every Co-operative Housing Societies has to form Grievances Settlement and Redressal Committee to deal with the grievances of the Members and the Society, relating to its business & management. The Grievances Settlement and Redressal Committee shall be formed in AGM. The said Committee shall consist of 3 active members & shall be other than Managing Committee members.
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MODEL BYE – LAWS OF COOPERATIVE HOUSING SOCIETY
(a) The name of the society shall be………………………………. Name of the Society
(b) The society shall follow the procedure laid down under Section 15 of the Act and Rule 14 of the Rules for the change of its name. Procedure for changing the name.
Maharashtra Housing Society Bye Laws 2019 In Marathi Pdf Free
(c) The society is classified under major class “Housing” with sub-class Tenant Co-partnership Housing Society.” Classification.
Address of the society.
2. (a) (i) The registered address of the society shall be as under:
(ii) Address for Correspondence (as decided by the Managing Committee)
(b) Any change in the registered address of the society shall be intimated by it to the Registering Authority and all others concerned within 30 days of such change.
(c) Any change in the registered address of the society shall be made after following the procedure laid down in Rules. Procedure for changing the address of the Society.
(d) The society shall exhibit at a conspicuous place at the main entrance of the building, a Board indicating its name. Registration number and the registered address. Exhibition of Name Board.
II. INTERPRETATIONS
(i) ‘Act’ means the Maharashtra Co-operative Societies Act; (MCS Act) 1960.
(ii) Bye-laws’ means by-laws consistent with Act and registered under this Act for the time being in force and includes registered amendments of such bye-laws.
(iii) ‘Chief Promoter’ means the person who is elected by the Promoters, in their first meeting, or in their subsequent meetings in case the post of the Chief Promoter lies vacant, till the first general meeting.
(iv) “Committee” means the Committee of management or board of directors or the governing body or other directing body of a cooperative Housing society, by whatever name called, to which the management of the affairs of a society is entrusted and vested under section 73 of the Act
(v) ‘—– Days’ Clear Notice means the number of calendar days intervening between the day of posting the notice and the day of the meeting.
(vi) Flat’ means a separate and self contained set of premises used or intended to be used for residence, or office, or show-room, or shop, or godown and includes a garage, or dispensary, or consulting room, or clinic, or flour mill, or coaching classes, or palnaghar, beauty parlour, the premises forming part of a building and includes an apartment.
(Vii) ‘Housing Federation’ means the federation of cooperative housing societies, registered and notified under the Act.
(viii) ‘Ownership Flats Act’ means the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act. 1963.
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