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. Rules or by bye-laws of the society, of the profits accruing from such procurement, production or processing and distribution; (10) “Co-operative bank” means a Co-operative society which is doing the business of banking as defined in clause (b) of sub-sections (1).
- Maharashtra Cooperative Housing Society Bye Laws Pdf In Marathi Language
- Maharashtra Cooperative Housing Society Bye Laws Pdf In Marathi Free
Maharashtra Co-operative Housing Society Bye-laws are set in accordance with the rules of Maharashtra Co-operative Societies Act 1960. These bye-laws provides a distinct guidelines to the co-operative society management to facilitate ease of functioning and peaceful cohabitation of the members. Also Maharashtra Cooperative Housing Society Bye-Laws aids societies to initiate any redevelopment process as per the norms of the authority.
Therefore, let us have a look at the key features that the MCS Act 1960 states:
Area of operation: The act states that the area of operation for any co-operative housing society is confined to all the cities and towns of Maharashtra. For the societies located at Brihan Mumbai, insertion of City Survey Number and Ward in mandatory.
Affiliation: Upon registering, the society becomes a member of Housing Federation of the district. As such the society becomes eligible to receive funds from the district central co-operative bank as per the bye-laws of the respective organisations.
Fundraising: As per the act, the society can raise fund for themselves as and when required either by charging an entrance fee or issuing shares or offering loans and subsidies. They can charge fee on transfer of shares along with occupancy rights as well. Also the society is eligible to receive voluntary donations.
Members Rights and Responsibilities: As per the bye laws, the membership of the society must include the associate members and nominal members. Anyone who is competent to contract under the Indian Contract Act, 1872 or a corporate body constituted under any law for the time being in force, or a society registered under the societies registration act, 1860 are eligible for membership. The eligible candidate need to pay a membership fee as per the society bye-law before getting inducted as a member.
Incorporation of duties: The bye-law vest the body of registered society with certain duties. Accordingly, the society need to conduct the structural audit of the buildings of the society once in 5 years for the buildings between 15-30 years of age and once every 3 years for building above 30 years.
Society Management: In accordance to MCS Act, 1960, the registered society need to open a banking account of the society in the nearest State or District Central Co-op. Bank or its branch or in any scheduled co-op Bank.
Resolution of complaints: The Act states that any dispute regarding the business activities of the society can be forwarded to any society member of surety of the member for resolution.
Source: https://www.commonfloor.com/guide/the-maharashtra-cooperative-housing-society-bye-laws-36847.html
SALIENT FEATURES OF 97th CONSTITUTIONAL
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 Cooperative Housing Society Bye Laws Pdf In Marathi Language
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.
Maharashtra Cooperative Housing Society Bye Laws Pdf In Marathi Free
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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