By Legal Bureau
Amendments to the Maharashtra co-operative society act, 1960. Maharashtra Act No. VII of 1997.
(First published after having received that assent of the Governor, in the “Maharashtra Government Gazette’ on the 2nd January 1997).
An Act further to amend the Maharashtra Co-operative Societies Act, 1960.
WHEREAS it is expedient further to amend the Maharashtra Co-operative Societies Act 1960, for the purpose hereinafter appearing; It is hereby enacted in the Forty-seventh Year of the Republic of India as follows :-
1. This Act may be called the Maharashtra Co-operative Societies (Amendment) Short title Act, 1996.
2. In section 9 of the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as “the principal Act”). in such-section (2), after the words “deemed to have been registered” the words” and thereafter the Registrar shall issue a certificate of registration under his seal and signature within a period of fifteen days “ shall be added.
Our Comments :-Section 9, had been amended to clarify the provision as regards Registration of Co-operative Society more explicit.
3. In section 22 of the principal Act, in sub-section (2), after the words “deemed to have been admitted as a member of the society”. the words “If any question arises whether a person has become a deemed member or otherwise, the same shall be decided by the Registrar after giving a reasonable opportunity of being heard to all the concerned parties.” shall be added.
4. In section 23 of the principal Act, in sub-section (IA), after the words ‘become a member of such society”, the words, “If any question arises whether a person has become a deemed member otherwise, the same shall be decided by the Registrar after giving a reasonable opportunity of being heard to all the concerned parties”, shall be added.
Our Comments : – Section 22(2) and 23 (1A) has been amended to clarify that as regards membership the power shall be exercised by the registrar.
5. In section 27 of the principal Act, for sub-section (9), the following sub-section shall be substituted, namely : –
“(9) No nominee of the Governmetn or any financing bank on the committee of any society shall be entitled to vote at any election of officers of such committee such as, the President, Vice President, Chairman, Vice Chairman, Secretary, Treasurer or any other officers by whatsoever designation called, who holds the office by virtue of his election to that office.
Our Comments : – Section 27 has been amended so that the powers as regards Governmetn nominees as regards election of office bearers have been 0curtailed.
6. In section 73-1 D of the principal Act. –
a) in such-section (I), –
i) for the words “two-third majority” the words simple majority” shall be substituted;
ii) for the words “for the time being entitled to sit and vote at any meeting of the committee ”the word as” entitled to vote at the election of such President, Vice President, Chairman , Vice Chairman, Secretary, Treasurer or any other officer” shall be substituted.
(b) in sub section (2) for the time being entitled to site and vote at any meeting of the committee” the words entitled to elect the President, Vice President, Chairman, Vice Chairman, Secretary, Treasurer or any other officer, as the case may be, of the committee” shall be substituted;
(c) in sub-section (7) for the words “six months” the word as “one year” shall be substituted.
Our comments :- section 73 (1D) have been amended so that no confidence motion can be passed with simple majority instead of 2/3 majority. Subsection 7 of this section has been amended so that the requisition for a Fresh Motion of no confidence can be brought only after a period of one year. Instead of the previous period of six months. The term of the administrator is now extended upto one year from the previous period of six months.
7. In section 73BB of the principal Act, in sub-section (I) –
(a) for the words “union then the selection shall be made by the union with the largest membership, and where there is no union at all, then by an election by such employees from amongst themselves in the prescribed manner” the words “recognised union or unions and where there is no union at all or where there is a dispute in relation to such issues including whether a union is recognised or not, then the seats so reserved shall be filled by an election by such employees from amongst themselves in the prescribed manner” shall be substituted.
(b) the following Explanation shall be added at the end, namely :-
“Explanation – For the purpose of this section the members of the committee shall mean and include the representatives of the employees”.
8. In section 73BB of the principal Act, –
(a) to sub-section (I), the following Explanation shall be added, at the end, namely :-
‘Explanation – For the purpose of determining the number of committee members under this sub-section, committee members who are elected, co-opted nominate, appointed or otherwise occupying the position on the committee under 73B, 73BB and under this sub-section shall not be included”,
(b) in sub-section (2), for the existing proviso, the following proviso shall be substituted, namely :-
‘Provided that, where the bye-law of a society already provide for reservation of seats for women on the committee thereof, the total number of seats to be reserved for women shall be equal to the number of seats specified in sub-section (I)”.
9. In section 73H (2), of the principal Act, in sub-section (2), for the words, “where there is a willful failure on the part of the committee to hold election to the committee before the expiration of its term, the committee before the expiration of its term, the committee before the expiration of its term, the committee” the words “ The committee” shall be substituted. Our Committee, to conduct the elections before the expiry of the tenure of the committee. The above said amendment appears to have been made to bring consistency with the provisions of subsection (2B) of subsection 73-G.
10. In section 77A of the principal Act, in sub-section (3), the following proviso shall be added, namely :-
“Provided hat, if a new committee is not, or cannot be constituted at the expiry or termination of the term of office of the committee or Administrator, for any reason beyond the control of the committee or Administrator, the term of office of the committee or Administrator, as the case may be, shall be deemed to be extended, until the new committee is duly constituted.”
Our Comments :- Section 77 (A) has been amended so that the tenure of office of the Managing Committee or Administrator would be deemed to have been extended if for any reason whatsoever a new committee cannot be constituted before the expiry of the term office.
11. In section 78 of the principal Act, in sub-section (3) the following proviso shall be added, namely:-
“Provided that, the member who has been so removed, shall not be eligible to be re-elected, re-appointed, re-nominated, or re-co-opted, as a member of any committee from the date on which he has been so removed or till such lesser period as may be laid down under the provisions of section 73FFF or 144E, as the case may be”.
Our Comments :- if a member of the committee has been removed under this section than he cannot be re-elected, reappointed, renominated or recopted as a member of the Managing Committee for one full term from the date he has been removed or for such period as laid down in provisions of sections 73FFF or 144E of the M.C.S. Act 1960.
Our comments : – Subsection of 104 has been substituted to specify in which cases the appeal should lie with the registrar and in which places the appeal should lie with the State Government.
12. In section 104 of the principal Act, for sub-section (I), the following sub-section shall be substituted, namely :-
“(1) The committee or any member of the society ordered to be wound up may prefer an appeal against the final order of winding-up within two months form the date of the issue of the order made under section 102.-
(a) if made by the Registrar, or the special or Additional or Joint Registrar on whom the powers of the Registrar are conferred, to the State Government ;
(b) If made by any person other than the Registrar, or the Special or Additional or Joint Registrar on whom the powers of the Registrar are conferred, to the Registrar.
Provided that, no appeal shall lie against order, issued under sub-clause (i), (ii) or (iii) of clause (c) of sub-section (I) of section 102”.
13. In section 112B of the principal Act, in sub section (I) in clause (b), in sub-clause (iv), for the words” such employees”, the following shall be substituted namely :-
“such employees. Where there is no recognised union or unions or where there is no union at all, the employees shall elect representatives from amongst themselves. The election shall be held by the Collector in the manner laid down in Chapter XI-A of this Act”.
14. In section 148 of the principal Act, for sub-section (3), the following sub-section shall be substituted, namely :-
(3) No prosecution under this Act shall be lodged, except with the previous sanction of the Registrar.
sir ji
registered order to old c.m to give accounts to administator but turn down what action can be taken d.m.mehta
If owner had sold his flat but still the society did not transferred the ownership to new member, then can the old member will be a member of the society? Also can he avail the membership facilities?
Where can i get on the net the full amended Mah Co-op Soc Act?
Tks
can the salary are payable to chairman, secretary and treasurer of co.op. society… tell me please..
how can i know were our society is registered or not, we have not received any type of share certificates. society charges has been given from us.
please tell me what should i do if, private tuition is running in co. op. societry…
ek patsanstha ki commitee 15 din me bond nahi dene ki vajah se dismiss hui he…to vo commitee member vapis election nahi lade isliye kya karana chahiye?
I stay in Vakola, Santacruz (E) in Shree Vrundhavan Co-op Hsg Society where majority of the Members dont pay their monthly Maintenance regularly. Almost 95% of the Members are defaulters including the Chairman and other Committee Members, some have not paid any amount for the last 5 years. The Managing Committee is non existing with infights and favoritism. All in all the Society is in a mess and no one knows anything about the financial status and payments of Society bills and taxes. The Chairman, Secretary and other Committee Members do not meet to take decisions and its just a matter of time when the whole system is going to fail. I do not know whom to approach to set it right. There should be some Government Body which looks after such cases. I need to know where i can complain so that necessary actions can be taken.
In Mah. Co-operative act Intrest on Reserve fund show in Profit & loss income side or increase the reserve fund in Balance sheet liability side?
what are the provisions formaking payment of dividend to members of credit co op society.
Some of our society memners including me want to construct mandir in our society ground premised, what legal problem we may face?
what are limitations ,rules if a co-operative society is willing to sell a property to a buyer for agricultural development, and that property is alloted by bombay goverment in 1965.who is the supreme authority to give legal advise and provide permission to transfer that property for well fare of the society for further development of the society. what are the rules. kindly reply
sir i had a flat in andheri the documents which were lost in transit after gviving police complaint and informing the society who has given advt in two papers of their choice and even then not having received any complaints they took 2 lakhs from thre buyer of the society and indemnity signed from me they have not given any receipt for the 2 lakhs and after receiving my due consideration from the buyer they issued share certificate first in my name and then new buyer now they want to sell the property which the society is not prepared to give noc saying they cant sell for 3years and the 2 lakhs will be held by society for 3years what does the law say on this regards
Reg. Mr. Jayan’s complaint, the society has no authority to ask for 2 lakh rupees and refuse transfer. In the first place, if you have lost title documents, you have to apply to the registrar for duplicate documents which are issued on payment of a fee. The society can only issue duplicate share certificate after issuing a notice in two leading newspapers. The charge for duplicate share certificate is only Rs.50/-. What is this 2 lac? what for and why no receipt? Hopefully you have paid by cheque. The duplicate will of course be issued in the name of the existing member and not the new member. If the new member has to sell his flat, he has to wait for 1 year. Thereafter, he can clear the society’s dues, pay transfer premium (not more than Rs.25000 and apply for NOC. But remember, society’s NOC is not necessary for registration of agreement. The new purchaser has to submit his papers and apply for membership. If there is no reply within 3 months or rejection with valid reason, he is deemed to have become a member What your society is doing is wholly illegal. Pull it to the court – karavade.dp@gmail,com
abhijit patwa
Posted on July 21, 2010 at 4:20 pm
ek patsanstha ki commitee 15 din me bond nahi dene ki vajah se dismiss hui he…to vo commitee member vapis election nahi lade isliye kya karana chahiye? you can lodge a complaints to soc. regisatr along with max. signature of your soc. member
& keep 1 carbon copy as a acknowledgement from registar with you & mark 1 copy to sec. & chairman (for information only). & then wait & watch
i am salaryed person of a trust foundation. There is patsanstha who give loan to employee. i am guaranter of one person who resigned trust foundation and joined another.He does not repayment the loan to patsantha. Patsansthe said that all loan recover from guaranter from there salary .what is action of patsanstha pl give rule section if possible in marathi
sir,
can housijng co-op member by multiple proparties?
We have purchase a flat in Kalyan at under construction stage.Now the possession had given to us but O.C has not given by the builder and hence society is not formed. We want to sale the property .Is the Builder’s NOC is required to sale the property?or what paper’s from builder is required.or any charges has required to pay the builder for certificate or else.
For any legal advice,filing complaints with competent authority,Registrars Office,kindly contact NM Services at nm_services@yahoo.in
our is a MHADA colony. our building is going for redevelopemt. now developer asking consent letter in his favour as developer addresing MHADA before entering into DA agrrement. at what extent it is fair. please guide us.
Quo: Builders want to make an agreement with the society???
There is a property which is to be sold, whole of a co-operative society which includes many galas & open space within it. Each & every thing for sale-purchase deed was ready but at the last moment a problem has arised. Now the problem is that the builders are interested in purchasing the whole society, i.e. they are interested in making an agreement with the society & not with the separate gala owners but at the same time the gala owners are ready to sell their property only if the builder makes an separate agreement with them. According to the gala owners the builders are automatically going to receive the open land even if they purchase their galas, but builders are not supporting this idea for separate agreement, they are insisting on only agreement with the society. Please give us such an advice so that we can close the matter with the benefits of both the gala owner & the builders.
Waiting for your precious reply.
Thanking you…
Regards,
Kamlesh Panchal.
Can a penalty be imposed on a member for not attending General Meetings or Annual General meetting of the Society.
Dear,My society has been registered last week and I have not submitted any residence proof during registeration process,can I contest for the post of chairman/secretary/treasurer or not ? I have voting rights or not?
i have obtained a order against coop bank at stara. to release my property from the mortage encumbarances of the bank and special recovery officer. against the order they have preferred a appeal against the order at appleant high court at poona. can i known a special recovery officer can appleal a order. please reply me immmdiatrly.
atul shah. satara.
I am Jt Secretaory of 1st Mangaing committee of CHS , now i want to resign can i resign and to whom i should send my resignation letter to chairman and or secretaory
M/s
I Daniel Murzello residing at room no 3, Prarthana, CHS , plot no 185, sector 18/a, Nerul, Navi Mumbai. 400706.. Would like to ask, WHAT DOES A PERSON DO IF THEY ARE HARASSED BY THE OFFICE BEARERS OF THE HOUSING SOCIETY ???….
Since for the past 8 years they have not given us Membership…REASON BEST KNOWN TO THEM, WHY ?..
All though all are documents are clear and no dues pending on our behalf to the society…
They keep demanding Money from us,For no reason…
They do not keep records and documents of the amount/Money, they Keep demanding from us, For no reason …
They have been charging extra Money from us every month, For no reason …
They have never issued bills, so we would not know how much to pay and for what month…
They issue us receipts as On A/c For no reason. On the first owners name, which we have been paying as services charges . Till date …
They always threaten to Seize our room and cut our Water supply if we do not agree to their demands …
They do not accept or reply to any of our letters and request we send them …
They have stopped giving us the Yearly Statement of Accounts\Balance sheet. Since 2008.For no reason…
Though they have not made us Members, However they send notices Demanding Money, Directly on our Name.For no reason…
When we asked Mr S M Shrivastav [ Secretary ] To explain the amount or why was the notice sent directly on our name. He denies being the secretary and cannot explain the amount ,and does not know why the notice demanding money was sent on our name and told us to talk to Mr Dhomaji Kolte, since he is the Chairman of the society since 1996, from the time the society was registered, Till date…
We have complained about this issue even at the Sub/Joint Registrar Housing societies CBD… Navi Mumbai…The officer Mr Bhosle over there told us our papers are clear and if the society does not make you a member ,they have the power to do so.. However its been four years and no action has been taken. Till date. Our latest request for Membership in the society was once again given to the Sub/Joint Registrar of Co Operative Housing Societies CBD.on the 20th of April 2011..
The Chairman Mr Dhomaji Kolte told us to go to court regarding this issue… REASON BEST KNOWN TO HIM WHY ?? Has he and the others think they are the LANDLORDS of the society…Although this issue can be very well solved in the society it self ….
So as a consumer we filed a compliant in the Consumer Disputes Redressal Forum CBD Navi Mumbai…My Complaint No. 45/2010. In Feb 2010.. However when ever called to court several times.The society office bearers never came.. However surprisingly an Order was passed in Dec 2010 by the court, by Mr R D Mhetras [president], Mrs Jyoti A Mandhle [member] That this complaint cannot be put up in the Consumer Disputes Redressal Forum… In fact the court did not take any action or even ask the opposite party, why they never appeared in court when ever called, so many times in the past 11, months, But surprisingly the court passed an order after nearly a year that this complaint cannot be put up in the Consumer Disputes Redressal Forum.. After we paying the court fees for this case and also wasted One year of ours …
Then why were we called so many times to the court, was it just for formalities ,.. or was it just to waste our time and harass us as well,..didnt the court know this in the being … And they advertise ..JAGO GRAHAK JAGO..
In fact our latest request letter asking for Explanation Regarding The Amount The society Keep Demanding From Us, for no Reason was once again given to the Society dated 22nd Jan 2011. and a copy was also sent to their Advocate Mr Rajaram V Bansode [Advocate High Court]. But Till Date we have not received any reply or explanation regarding the amount from the society nor from their advocate..Reason best known to them, Why???
WHAT are their Intentions/Motives behinds this Demands and Harassment by the office bearers of the society??.. (Or is it only because we are Christians, Or is it because they are from a political party ?? As this request for Membership is pending for the past EIGHT years)…
However my Main Intention now is to Spread Awareness and Aware People by this Letter. How our Society Office Bearers can take Advantage of their Post and Misuse their
Powers..
The Sub/Joint registrar of Co Operative housings societies ,who is supposed to control all societies and see that the society follow and function in certain guidelines, have wasted FOUR years of ours, and have not solved this issue till date..
The Consumer Redressal Forum who Advertise JAGO GRAKHAK JAGO, have also wasted ONE year of ours, only to decide and inform us that this case/complaint cannot be put up at the Consumer Redressal Forum..
IS OUR SYSTEM SO BAD !! ??. That a common man has to wait, so long for Justice and still does not know when he will get Justice, for this simple Issue…
AS DELAY IN JUSTICE IS INJUSTICE……..
We have wasted so much time by running from pillar to post, sending/writing request and letters regarding this issue to all who are supposed to give justice or guide us, on this issue…(Leave aside the money we have spent,The Harassment both Mental and Physical, Insults and Embarrassment, My Family and i have faced for the past EIGHT years), and i do not know how long will this go on ??…
Requesting you once again to kindly advice us on what to do regarding this issue, or who do we go to for justice, regarding this issue…
My family and i are tired of this constant demands and harassment by the society and its office bearers ..However we have decided never to give up and we will fight against Corruption and such Dishonest People in our Society.. Even if our Water supply or our Electricity is cut by them . . Its our Hard Earned Money we have Collected to Purchase this Room , and we will fight for our HOME as long as we Live….
Mr Dhomaji Kolte (Chairman) 9320 467 945
Mr S M Shrivastav (Secretary) 9869 409 072
Mr Ashish Shetty (Treasurer) 9324 925 128
Thanking you …
Daniel Murzello .. Cell No – 9702 842 999..
If a co-op. housing society has not doing the Registration in A.R. office last 20 years ,is there any provision for regularies
Where can i get on the net the full amended Mah Co-op Soc Act?
i am govt. employee can i fight the housing society election
sanjay kanodia
sir i want to open new branches. so what is processor please reply me.
Does co-opted members have the right to cast the vote in election of Chairman,Vice chairman,secretary and treasurer.
Also is it true that only two members can be co-opted beyond that by election are necessary for selection of more than 2 co-opt memebers
i am a guarantor to an employee in a staff credit cooperative society. now he is dismissed and society is collecting the instalments from my salary. on verification of the loan documents i found that my signature as guarantor is forged by the society officials. even signature in autorisation letter for deduction of salary is also forged. now what clause of society act can be used to stop the monthly deduction from my salary because i have to put a section no of the act in the representation letter so that the request is to be effective to stop the deduction immediately? please reply me its very urgent
Dear Sir,
I have purchased re-sale flat in kothrud,pune and am applying home loan to SBI bank. For that , bank need society NOC as per bank’s format. But the society has given me their own format NOC which is not acceptable to Bank and Society is also not ready to give NOC in SBI’s format. I am stuck here. My Loan processing fees is also deducted and Socirty charges Rs. 30,000 are also deducted from my bank account. Please suggest me proper guidance to take this further.
I have property in Badlapur. I want to rent out to somebody. But society is denying to rent out this property. Please tell me how i can rent out this property.
sir, plz help me in some society matter
1) can two society be formed in one building of three wings…?
2) if one society of two wings join together is formed what is the future if third wing
3) how the conveyance be obtain by third wing….what is the help?
thanks
Dear sir,My father had Purchase a land for the purpose of Cooperative Housing Society in 1992 but there were so many problems had been created regarding the land He was only the who fight for that land till his death 11 nov 2008 after that we got judgement in favour of us.But the member of the soc. who left & never coopearte tio him now days they fight against us(Mom brother & me) for that property,i requesting you to giv some adivee for this purpose Thanking you ,Aasha
what is the rule reg. charging of 14% interest against dueto non payable of maintence of society from last 1 year. is this valid according to law.if yes by what law .pl repl urg
Our society issues monthly maintenance bill at the start (1st ) of every month. for eg for the month of Aug 11, we receive the monthly maintenance bill dated 01-08-2011 for August month. Though the society allows 1 month grace period to pay the bill, that is, it becomes due on 30th Sep 11, is it correct to issue the bills before the stay is completed?
I have a land on the name of my wife RUPALI SAWANT and her mother MANGAL DEOKAR. When we removed the document 7A the name was clearly wriiten on it and now it has passed 1 year and removed the document again but there are no names on it. May be something has mistaken or someone has done a fraud. Please help us with the same as soon as possible because i think this is a major issue which has to be solved.
Thanks Sudarsh Sawant.
This querry is on behalf of the members of a resd co – op society in Pune. We have following problems in our society for which we need advice regarding how to come out of it.
Since April 2006 our society accounts are not maintained / audited upto now.
The committee earlier contained 5 members but the chairman shiefted to other area and submitted the resignation to the secretary long back. Other 2 members also resigned & as on today there are only 2 members on the committee. The secretary never calls any GM,SGM or even an ordinary meeting for solving any problem in society. We the members only decide to meet at certain time for solving problems. If called the The secretary says he wants to resign but since last 5 years the accounts are not written / audited no member is ready to take over the accounts responsibility. He always asks some time for doing accounts work but in the next meet called by the members of the society only orally apologises but never completes the accounts work of society.
Meanwhile there is a KYC problem in our society’s bank a/c since October 2010. The account is freezed by bank due to non compliance of KYC. The members who give regular society maintenence charges by cheque, they are neither given receipt of the amount in time and now due to KYC problem the cheques are still lying with the secretary since November 2010. He has not deposited those cheques in bank upto now and now the cheques are invalid.
The lift in our society is not functioning since 4-5 months. We the members called the meeting , finalised the quotation and now just because the KYC problem is not solved, we can not get the lift work done. Please advice us where do we, the members of the society can go for our problemsolving ? What can be the best solution for this ?
I am staying with my father childhood with request Application from original member of the housing society . Can I become the associate member with request letter from my father.
my father want to apoint me as associate member
We have a flat in a co-op society.Since my father is no more my mother is a sole nominee.Will she require a no objection from her two sons if she wants to sell it of? If yes would it be so even if she makes a will to give it away to xyz?
My mother is a sole nominee of our flat in a co-op society after my fathers demise.Does she require a no objection from her two sons if she wants to sell it in future?
I WISH TO KNOW THAT WHICH FORM CAN BE USED FOR NO TDS DEDUCTION ON INT.ON FDR OF CO-OPERATIVE HOUSING SOCIETY LTD. REPLY URGENT ON MY E-MAIL .
Dear Sir,
I want to know that . i want organise one family function. my soicety not allowed me to do that. as per sodiety rule can i organise that function on that ground. pls reply me
OUR SOCIETY’S A.G.M. WAS 26/06/2011. THAN WE CAN NOT REGISTERED OUR COMMITTEE. SO, NOW CAN REGISTERED.
In our society’s few member will not pay his regular maintenance and every time he was argue with committee member for maintenance purpose, what should we do.
some society member have no repayment of loan letter from their office, so we can issue share certificate. so please suggest a solution.
sir im taking private tution in my society premises, is it ok as per law.
in co-op.housing society, can the secretary keep any documents related society business in his own custody?
I would like to know what are the powers/rights of Associate member? In the absence of original member, can associate member attend all the meetings and vote and does associatie member have all the rights of original member?
My mom & dad both fo them are expired, i want to transfer the flat in my name, i have one elder sister but she is married kindly let me know the procedure for transfer??
Kindly help