Registration of Cooperative Housing Society

Transcription

1 Lecture on Registration of Cooperative Housing Society under Maharashtra Cooperative Societies Act, 1960 By Shri Sunil Deshmukh

2 Important Provisions of MSC Act, Societies which may be registered. -A society, which has as its objects the promotion of the economic interests or general welfare of its members, or of the public, in accordance will co-operative principles, or a society established with the object of facilitating the operations of any such society, may be registered under this Act; Provided that, no society shall be registered if it is likely to be economically unsound, or the registration of which may have an adverse effect on development of the co-operative movement, or the registration of which may be contrary to the policy directives which the State Government may, from time to time, issue.

3 5. Registration with limited or unlimited liability.- A society may be registered with limited or unlimited liability.

4 6. Conditions of registration. -(1) No society, other than a federal society, shall be registered under this Act, unless it consists of at least ten persons or such higher number of persons as the Registrar may, having regard to the objects and economic viability of a society and development of the co-operative movement, determine from time to time for a class of societies (each of such persons being a member of a different family), who are qualified to be members under this Act, and who reside in the area of operation of the society (3) No federal society shall be registered unless it has at least five societies as its members. (4) Nothing in this Act shall be deemed to affect the registration of any society made before the commencement of this Act.

5 7. Power to exempt societies or class of societies from conditions as to registration.- Notwithstanding anything contained in this Act, the State Government may, by general or special order, exempt any society or class of societies from any of the requirements of this Act as to registration, subject to such conditions (if any) as it may impose.

6 8. Application for registration.- (1) For the purposes of registration, an application shall be made to the Registrar in the prescribed form, and shall be accompanied by four copies of the proposed by-laws of the society and such registration fee as may be prescribed in this behalf. Different registration fees may be prescribed for different classes of societies, regard being had to the service involved in processing an application for registration. The person by whom, or on whose behalf, such application is made, shall furnish such information in regard to the society, as the Registrar may require. (2) The application shall be signed (a) (b) in the case of a society other than a federal society by at least ten persons(each of such persons being a member of a different family), who are qualified under this Act, and (b) in the case of a federal society, by at least five societies. No signature to an application on behalf of a society shall be valid, unless the Person signing is a member of the committee of such a society and is

7 9. Registration.- (1) If the Registrar is satisfied that a proposed society has complied with the provisions of this Act and the rules, or any other law for the time being in force, or policy directives issued by the State Government under section and that its proposed by-laws are not contrary to this Act or to the rules, he shall, within two months, from the date of receipt of the application register the society and its by-laws. (2) Where there is a failure on the part of the Registrar to dispose of such application within the period aforesaid, the Registrar shall, within a period of fifteen days from the date of expiration of that period refer the application to the next higher officer and where the Registrar himself is the registering officer, to the State Government, who or which, as the case may be, shall dispose of the application within two months from the date of its receipt and on the failure of such higher officer or the State Government, as the case may be, to dispose of the application within that period, the society and its by-laws shall be deemed to have been registered and thereafter the Registrar shall issue a certificate of registration under his seal and signature within a period of fifteen days.

8 10. Evidence of Registration.- A certificate of registration signed by the Registrar, shall be conclusive evidence that the society therein mentioned, is duly registered, unless it is proved that the registration of the society has been cancelled.

9 Section 70 Permission for Opening of Bank Account for the Cooperative Housing Society Ltd.

10 RULES FOR REGISTRATION OF COOPERATIVE SOCIETIES UNDER MAHARASHTRA COOPERATIVE SOCIETIES RULES, 1961

11 4. Application for registration and registration fees. (I) Every application for registration of a society under Section 8 shall be made in Form 'A' in Marathi, Hindi or English, and shall, subject to the provisions of sub-section (2) of Section 8 and sub-rules (2) and (3), be signed by the applicants and shall, in addition to four copies of the proposed bye-laws of the society, be accompanied by: a) a list of persons who have contributed to the share capital, together with the amount contributed by each of them, and the entrance fee paid by them; (b) a certificate from the Bank or Banks stating the credit balance therein in favour of the proposed society; (c) a scheme showing the details explaining how the working of the society will be economically sound and, where the scheme envisages the holding of immovable property by the society, the description of such property proposed to be purchased, acquired or transferred to the society; (d) such other documents as may be specified in the model bye-laws, if any, framed by the Registrar;

12 5. Registration (1) On receipt of an application under Rule 4, the Registrar shall enter particulars of the application in the register of application to be maintained in Form 'B', give a serial number to the application and issue a receipt in acknowledgement thereof. (2) The Registrar may give, wherever necessary, opportunity to the promoters to modify the proposed bye-laws before finally registering the society or rejecting the application for registration of the society. (3) On registering a society and its bye-laws under sub-section (1) of Section 9, the Registrar shall as soon as may be, notify the registration of the society in the Official Gazette and grant to the society, a certificate of registration signed by him and bearing his official seal and containing the registration number of the society, and the date of its registration. The Registrar shall also furnish the society with a certified copy of the bye-laws approved and registered by him.

13 7. Refusal of Registration Where any society does not furnish the information in regard to the society as required by the Registrar or fulfil any of the conditions laid down in the Act or these rules, the Registrar may refuse to register that society. 8. Matters in respect of which Registrar may direct society to make bye-laws or society may make bye-laws 9. First Bye-law of the Society

14 CLASSIFICATION OF COOPERATIVE HOUSING SOCIETIES Rule 10 5 Housing Society (a) Tenant Ownership Housing Society Housing Societies where land is held either on lease-hold or free- hold basis by Societies and houses are owned or are to be owned by members. (b) Tenant Co- partnership Housing Society Housing Societies which hold both land and buildings either on leasehold or free-hold basis and allot them to their members. (c) Other Housing Societies House House Mortgage Societies and House Construction Societies

15 FORMS TO BE SUBMITTED FOR REGISTRATION OF HOUSING SOCIETIES

16 Check List

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18 Name Reservation Application Court Fees Stamp of Rs.50

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23 Scrutiny Form

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38 UNDERTAKING BY THE CHIEF PROMOTER AS PER FORM 'Y' I,, Chief Promoter of the PROPOSED., do hereby state that:i have been elected as Chief Promoter of the Proposed, by the promoters in their meeting held on. I have been authorized by the promoters in their meeting on to make an application for registration of the (PROPOSED) and also authorised to take such further action and furnish such further information to secure registration of the said society as may be necessary.

39 Builder-Promoter have collected from the promoters amount of Rs.500/- (Rs.Five Hundred Fifty Only) towards share capital, Rs.100/- (Rs. One Hundred Only) towards Membership Entrance fees and Rs.2,500/- (Rs. Two Thousand Five Hundred Only) towards Preliminary Expenses for the purpose of registration of the society. Thee Builder-Promoter has opened an account with the, in the name of the Proposed and deposited therein an amount of Rs. /- after meeting preliminary expenses of Rs.2,500/- and keeping cash of Rs. Nil with him for meeting further preliminary expenses. I have received the applications for membership from the promoters who have signed the application for registration, including that of the Builder-Promoter in respect of unsold units, along with certified true copies of registries agreements, entered into with the Builder-Promoter by the promoters, under section4 of Maharashtra Ownership Flats (Regulation of Promotion of Construction, Sale, Management and Transfer) Act, I have obtained from the Builder-Promoter:- i. List of sold and unsold flats & shops with the area and value of each sold units. ii. Bank Balance Certificate. iii. Building Occupation Certificate iv. A certificate clear and marketable title of the property from Solicitor/Advocates of good standing

40 vi. A detailed statement of Account of the a. The amount collected from the promoters by the Builderpromoter from time to time. b. Payment made by the Builder-Promoter from time to time with detailed vouchers for the payments. c. Amounts held by the Builder-Promoter in cash and by Bank. d. Expenses proposed to be incurred till registration of the society. e. Deposits made with the Municipal Corporation, BEST Undertaking/Bombay Suburban Electric supply in

41 UNDERTAKING BY THE CHIEF PROMOTER AS PER FORM 'Y I, SHRI. DEEPAK K. GORADIA, Chief Promoter of the PROPOSED DOSTI VRISHTI D E F(DOSTI VIHAR) CO-OP HOUSING SOCIETY LTD., do hereby state that:i have been elected as Chief Promoter of the Proposed DOSTI VRISHTI D E F (DOSTI VIHAR) CO-OP. HOUSING SOCIETY LTD., by the promoters in their meeting held on I have been authorized by the promoters in their meeting on to make an application for registration of the DOSTI VRISHTI D E F (DOSTI VIHAR) CO-OP. HOUSING SOCIETY LTD. (PROPOSED) and also authorised to take such further action and furnish such further information to secure registration of the said society as may be necessary.

42 M/S. DOSTI CORPORATION (VIHAR) Builder-Promoter have collected from the promoters amount of Rs.500/- (Rs.Five Hundred Fifty Only) towards share capital, Rs.100/- (Rs. One Hundred Only) towards Membership Entrance fees and Rs.2,500/- (Rs. Two Thousand Five Hundred Only) towards Preliminary Expenses for the purpose of registration of the society. The Builder-Promoter has opened an account with the Thane District Central Co-Op. Bank Ltd., Thane West Branch in the name of the Proposed DOSTI VRISHTI D E F (DOSTI VIHAR) CO-OP. HOUSING SOCIETY LTD. and deposited therein an amount of Rs. /- after meeting preliminary expenses of Rs.2,500/- and keeping cash of Rs. Nil with him for meeting further preliminary expenses. 3. I have received the applications for membership from the promoters who have signed the application for registration, including that of the BuilderPromoter in respect of unsold units, along with certified true copies of registries agreements, entered into with the Builder-Promoter by the promoters, under section4 of Maharashtra Ownership Flats (Regulation of Promotion of Construction, Sale, Management and Transfer) Act, I have obtained from the Builder-Promoter:

43 vi. A detailed statement of Account of the a. The amount collected from the promoters by the Builder-promoter from time to time. b. Payment made by the Builder-Promoter from time to time with detailed vouchers for the payments. c. Amounts held by the Builder-Promoter in cash and by Bank. d. Expenses proposed to be incurred till registration of the society. e. Deposits made with the Municipal Corporation, BEST Undertaking/Bombay Suburban Electric supply in connection with electricity connections.

44 DECLARATION REGARDING COMPLIANCE OF THE PROVISIONS OF MAHARASHTRA OWNERSHIP FLATS ACT, 1963 AS PER FORM 'Z We,, Builder-Promoter in respect of the Proposed. do hereby state: We has a good, clear and marketable title of the land mentioned in form "B" of the application for registration, supported by Certificate from MR. Advocate, dated. We, Constructed Buildings with Flats, sold in the building which is supported by a Certificate of Architect M/S.

45 We, so far sold out residential flat in the building. The names of the persons to whom residential flats so far have been sold out, with area of each such units and value realized thereof are given in the statement 'A' appended to this undertaking a copy of which is given to the Chief Promoter of the society. We, have made an application for membership of the society in respect of the unsold residential flats and shops and the information about these unsold units is furnished in the statement 'B' appended to this undertaking, a copy of which is given to the Chief Promoter of the society. The unsold units mentioned in the statement 'B' appended to this undertaking are in our possession, under our lock and key and have not been let out, given on leave and license basis or on any other basis to any person or persons and the possession of the said units will not be given to any person & persons in any manner except under an agreement executed in the manner stated under section 4 of the Maharashtra Ownership Flats(Regulation of Promotion of Construction, Sale, Management and Transfer) Act, 1963.

46 We have transferred to the Chief Promoter of the Society, all the applications for membership, received by us from the purchasers of the units, after duly attesting signatures, along with certified true copies of the registered agreements referred to in clause 7 above, and that the applications membership duly attesting signatures on them in respect of unsold units when sold out will be sent to the Chief Promoter or the Hon. Secretary of the society, as the may be the case, along with certified true copies of the registered agreement. The number of firms and companies, registered under any law for the time being enforce to whom the units have been sold do not exceed limit, prescribed by the state Government by their Notifications issued under section 22 of the Maharashtra Co-operative Societies Act, 1960 and that these firms and companies fulfill the conditions of membership prescribed under such Notifications. The Building has been constructed according to plans and specifications approved by the Municipal Corporation a certified true copy of which has been given to the Chief Promoter of the Society. We have not made and will not make any alterations in the structure in respect of any unit, which has been sold out, without the previous consent in writing of the purchaser till the property is conveyed in the name of the society, after its registration.

47 We have not and will not create any charge on the land and the buildings or any units therein without the previous consent of the purchasers of the units, until the property is conveyed in the name of the Society after its registration. A detailed statement 'C' of account indicating therein the names of the purchasers of the units, the amount collected from each such purchasers from time to time, the purposes towards which such amounts were collected and there as statement 'D' showing the amounts spent so far, the purposes for which same are/were spent, amounts due for payment but not paid and the amounts held by us in cash and in bank is appended to this undertaking and undertake to refund any amount recovered in excess to the purchasers of the units. We will be collecting hereafter the Municipal taxes, Water Charges, Electricity charges, land revenue, N.A. Taxes and other out goings from the purchasers of the units till conveyance of the property in the

48 We undertake to convey the right, title and interest in the property, without making any reservation in our favour, whatsoever, within the period mentioned in the agreement, executed under section 4 of the Maharashtra Ownership flats (Regulation of Promotion of Construction, sale, Management and Transfer) Act, 1963 and if not such period is mentioned in the agreement referred to above, within 4 months of the date of Registration of the society and to pass on documents of registration to the society. (BUILDER-PROMOTER)

49 DECLARATION REGARDING COMPLIANCE OF THE PROVISIONS OF MAHARASHTRA OWNERSHIP FLATS ACT, 1963 AS PER FORM 'Z' We, M/S. DOSTI CORPORATION (VIHAR), Builder-Promoter in respect of the Proposed DOSTI VRISHTI D E F (DOSTI VIHAR) CO-OP. HOUSING SOCIETY LTD. do hereby state: We M/S. DOSTI CORPORATION (VIHAR) has a good, clear and marketable title of the land mentioned in form "B" of the application for registration, supported by Certificate from MR. Advocate, dated We, M/S. DOSTI CORPORATION (VIHAR) Constructed Buildings with 231 Flats, 231 sold in the building which is supported by a Certificate of Architect M/S. Archetype Consultants (I) Pvt Ltd.

50 We, M/S. DOSTI CORPORATION (VIHAR) so far sold out residential flat in the building. The names of the persons to whom residential flats so far have been sold out, with area of each such units and value realized thereof are given in the statement 'A' appended to this undertaking a copy of which is given to the Chief Promoter of the society. We, M/S. DOSTI CORPORATION (VIHAR) have made an application for membership of the society in respect of the unsold residential flats and shops and the information about these unsold units is furnished in the statement 'B' appended to this undertaking, a copy of which is given to the Chief Promoter of the society. The unsold units mentioned in the statement 'B' appended to this undertaking are in our possession, under our lock and key and have not been let out, given on leave and license basis or on any other basis to

51 We have transferred to the Chief Promoter of the Society, all the applications for membership, received by us from the purchasers of the units, after duly attesting signatures, along with certified true copies of the registered agreements referred to in clause 7 above, and that the applications membership duly attesting signatures on them in respect of unsold units when sold out will be sent to the Chief Promoter or the Hon. Secretary of the society, as the may be the case, along with certified true copies of the registered agreement. The number of firms and companies, registered under any law for the time being enforce to whom the units have been sold do not exceed limit, prescribed by the state Government by their Notifications issued under section 22 of the Maharashtra Co-operative Societies Act, 1960 and that these firms and companies fulfill the conditions of membership prescribed under such Notifications. The Building has been constructed according to plans and specifications approved by the Municipal Corporation a certified true copy of which has been given to the Chief Promoter of the Society. We have not made and will not make any alterations in the structure in respect of any unit, which has been sold out, without the previous consent in writing of the purchaser till the property is conveyed in the name of the society, after its registration.

52 We have not and will not create any charge on the land and the buildings or any units therein without the previous consent of the purchasers of the units, until the property is conveyed in the name of the Society after its registration. A detailed statement 'C' of account indicating therein the names of the purchasers of the units, the amount collected from each such purchasers from time to time, the purposes towards which such amounts were collected and there as statement 'D' showing the amounts spent so far, the purposes for which same are/were spent, amounts due for payment but not paid and the amounts held by us in cash and in bank is appended to this undertaking and undertake to refund any amount recovered in excess to the purchasers of the units. We will be collecting hereafter the Municipal taxes, Water Charges, Electricity charges, land revenue, N.A. Taxes and other out goings

53 We undertake to convey the right, title and interest in the property, without making any reservation in our favour, whatsoever, within the period mentioned in the agreement, executed under section 4 of the Maharashtra Ownership flats (Regulation of Promotion of Construction, sale, Management and Transfer) Act, 1963 and if not such period is mentioned in the agreement referred to above, within 4 months of the date of Registration of the society and to pass on documents of registration to the society. (BUILDER-PROMOTER)

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59 List of sold and unsold Flats by the Promoter Architect Certificate For Examination of the Construction of Scheme. Title Certificate by Advocate Approved Plan, Commencement Certificate & Occupation Certificate

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69 FORM VI (See RUle 12) Court-fee stamp of Rupees 1000/ (Rupees One thousand only) Form of application under proviso to sub-section (1) of section 10 of the Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963 (Mah. XLV of 1963) for obtaining direction to the concerned Registrar of Co-operative Societies for registration of society. Before the Competent Authority at. Application under proviso to sub-section (1) of section 10 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer ) Act, Application No... of 20 Applicant/s; Versus

70 8. The Applicant states that the Opponent No. has failed to submit an application for registration of the organisation of flat purchasers as a co-operative society as required under sub-section (1) of section 10 of the said Act within the time prescribed under rule 8 of the Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Rules, The Applicant is, therefore, entitled to get the direction / order from this Competent Authority for registration of the Society by the flat purchasers of the said building as per the provisions of the Maharashtra Co-operative Societies Act, 1960, under proviso to subsection (1) of section 10 of the Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963 (Details of the sequence of events and the correspondence may be mentioned by the Applicant here) 9. The Applicant will rely upon a list of documents, which is annexed hereto 10. The Applicant. therefore, pray

71 BYE LAWS OF COOPERATIVE HOUSING SOCIETY

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77 STRENGTH OF MANAGING COMMITTEE No of member of the Society Upto to to to and above General Reserved Total Quorum of Meeting Women SC/ST OBC VJ/NT/SBC * Quorum for the meeting will be simple majority for the existing Committee Members.

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