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.
COMMITEES IN HOUSING SOCIETIES IN INDIA ACT LIKE MAFIAS AND MOST OF THEM INDULGE IN CORRUPTION BECAUSE THERE IS NO VIGILANCE DEPTT. OFFICE BEARERS IN COLLUSION WITH AUDITOR DO ILLEGALITIES AND LOOT PUBLIC FUNDS. GOVT AUTHORITIES DO NOT TAKE ACTION ON OFFICE BEARERS .THE VERY PURPOSE OF SOCIETIES ARE LOST IN INDIA DUE TO DISHONESTY BY OFFICE BEARERS AND AUDITORS. THERE ARE DIRTY POLITICS AND COMPLAINTS ARE NOT REDRESSED BY AUTHORITIES.SUCH ARE THE AFFAIRS OF MAJORITY OF SOCIETIES. LAWVIOLATIONS ARE RAMPANT IN HOUSING SOCIETIES OFFICEBEARERS IN DELHI . ONLY GOD CAN SAVE PEOPLE FROM HARASSMENTS.
Jasmine Towers Vasant Vihar Thane West.
Tipnis the chairman and Bijay Yadav seceretary along with other hand picked members are causing too much distress to ther residents of jasmine towers.
Tipnis has been the chairman forcefully for more than 5 years which is a violation as the chairman can hold term for 5 years only,he has made his wife a member of the committee also so that these two can pass any rule as two members support is needed.Tipnis and Yadav along with these curropt members have been imposing fines of their own for absurd rules like not allowing pets,not allowing children to play,not bursting crackers,parking,installing air conditioners 5000 for children playing this is absurd.These people get their cars washed for free,park three cars and bikes in a parking space.These people have awarded a single person contract for the whole building like newspaperwala,car washing etc.These currupt people eat money in awarding contracts also.They have also employed two handicapped people as members of the commmittee Musalmane and Shetty,these two walk around giving orders to people and use the security people to do their work,this is a very sad state of affairs.
Tipnis has eaten a lot of moneyby missppropriation of funds he has taken lakhs of rupees for awarding the painting contract for the building.Is there any regulatory body to oversee these currupt people.
Tipnis and Yadav formed this commitee without any election and has been imposing his own rules on the residents of jasmine towers.Please help us the residents of jasmine towers to remove this currupt man and his handpicked set of cheating and stealing liars,hope this man gets investigated one day and there will be justice.
(The view express here is solely of author, Accommodation Times being a platform can bring the disputes to the table and not the party to the dispute.)
we are a 30 year old building but our society is not yet formed for some polictics and as also we are sharing land with the older building Nibbana which is a registered society. We are told to merge with them but the old Nibbana is putting so many conditions that we do not agree so all is stalled again .
we even managed to get a letter from the registrar directing the old nibbana to accept us as members but even that is now more than a year old .can we approach the registrar and become members of the old society UNCONDITIONALLY
we are Nibbana Annexe society but not yet registered. Our society was run by a crook for 15 years but the currect secretary is just not willing to step down . So we made a circular informing all about forming a new managing committe and we now have 16 out of the 26 flats. BUT HE SAYS WE NEED AN AGM
TO OUST HIM. This person is very abusive and acts like agooda abusing all men and women included.
so people are weary of comming to meetings so we dod not have ameeting since years.
also there is absolutely no transparency and nobody knows where the money is gone. I have also caught one of his men getting chq signed for bogus bills and was able to retrive 25 thousand rupees with the help if police. THE IMPORTANT QUESTION IS CAN WE ELECT A NEW COMMITTEE BY TAKING SIGNATURES ON A CIRCULAR DECLARING OUR NEW MANAGING COMMITTEE. MIND YOU WE ARE NOT YET REGISTERED
what r the rules governing a owner who gives his house on leave & license1) to famlies on leave & license2) to 5 or 6 people as pgs on leave & license (working for different companies)3) using the house as pg to innumberable people for short term like 1month or 2 months or so on4)to companies for 5 or 6 persons
our society is holding elections to form a committee of 09 members for a society of 130 flats out of which 13 are Govt flats. As per the provisions one seat is reserved for woman candidate. However, no nominations were recieved in the stipulated time frame defined for filing of nominations. In such and event should the reserve seat be filled by direct elections form the pool of 12 eligible male candidates or be kept vacant till an eight member committee is elected to nominate a woman candidate from among the willing eligible candidates? currently the election officer (who is also a member of society and has been appointed by concensus) has interpreted the provision in a manner that he has declared elections for nine seats from 12 male eligible nominations recieved . After the formation of such nine member committee if an eligible woman candidate expresses her wish to work on the committee on the post reserved for woman should her request be adhered to? Also, the current returning officer has not given publicity to the seat reserved for woman candidate to invite nominations so can this be challenged?
I want to know the G.R. issued by government about loan limitation and in future also i would like to know the changes made by government. If there is any kind of subscription or any website is available please let me know on my email id. i am ready to do the subscription.
If flat is in the name of A&B. What is the procedure of transferingthe same in the name of B&A
One of the residense is playing music system with very high volume while worshiping god daily morning 5.30 onwards.Is it ok?and what action we can initiate to stop this.
we have been shifted to new society since last three year and still dint get the share certificate as secretry and chair person are telling that my document is not proper help me out i went to advocate he said my paper is proper society people is asking 50,000 for that and since due to some finacial problem i was not regular on my monthly mentanece they have charged legal expence of 4500 on that and they are adding intrest on other hand also its become a big tourcher for me please help
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one one of the resident parks his car outside the stilt car park alloted by developer, causing incovenience what is the remedial measures
We have two flats in ground floor and we have placed safety door for the same premises can society put objection against it? as it is allowed by builder to other floor flat owners
Inspite of notice given by 2/3 members to call upon agm to dissolve the commitee,the chairman and other commitee members has not initiated.In this case, can 2/3 members call upon AGM and terminate them.
We have a registered housing society of 3 years, it been a long drawn battle to get the committee to operate on the lines of the bylaws, which they seem to flout at their whims and fancies, members made a complaint to the registrar based on certain clauses of the bye-laws after 6 months of the complaint , summons and adalat , the registrar informs the members that the case is beyond their jurisdiction and has to be raised with the registrar of SRA projects as the society is registered by them. ( the society consists is random members none from the so called redeveloped slum, flats purchased from the builder)
please suggest the way forward
we are having one shop in our society, in our shop maintanance bill many time society is charging other charges form 500 to 5000 without any information or any notice and when we ask for reason reply is that scooter was parked in front of our shop
sir,
Plese send me detils about vat and service tax for purchashing new flat who will be liable for vat and service tax
New incoming member needs to complete tw oyears as elligibility to vote or can vote or stand in election immediately
whether it is complusory for society to collect or have the copy of leave and license agreement for the flat rented?
what re the right given to the society in case the there are no leave and license agreement executed.
I have safty door installed in my house. Can society put any objection on it?
We have two flats (304 and 305) on 3rd floor and i have placed common safety door for the same. The same door is installed two feet after main door. Society has already given verbal approval to install but it is before two feets and that come exactly at the piller. can society put objection against it?
We have two flats (304 and 305) on 3rd floor and i have placed common safety door for the same. The same door is installed two feet after main door. Society has already given verbal approval to install but it is before two feets and that come exactly at the piller. As per society bylaws i am not suppose to touch the building construction… can society put objection against where i installed the Saftey Door…?
CO OWNER ( ALREADY NAME IN AGREEMENT/ SHARE CERTIFICATE / MAINTENANCE RECEIPT ) NAME ALREADY IN SOCIETY STILL HE HAS SUBMIT APPENDIX 10 ( UNDER THE BYE LAW NO 118 (V) ) AND WHETHER HE HAS TO PAY RS.100/- ENTRANCE FEE PLEASE CLARIFY
CO OWNER IS NOT A ASSOCIATE MEMBER
NEED YOUR GUILD LINE PLEASE
I have recently purchased a flat in a Society and want to do renovation work but Managing Committee of the Society is not allowing to change floor tiles of my flat as it seems they have passed resolution in passed that no body can change floor tiles of their respective flats.
Please advice whether society has this right / power to control modification / alteration INSIDE FLAT?
The society cannot object to this because it is not modification of plan and material change or damage to the property.
If builder is selling one of his developed residential flat after 5 years & society has been formed by that time, in this case share certificate should be issued in whose name builder or the proposed purchaser. pls rply asap
whether maharastra co-operative housing society ltd is within the purview of RTI.Act. if so then whether Govt of Maharastra has passed any ordinance/resolution to this effect.
Thanks.. very nice information. Every one must read this article .
Dear sir I have a registered will by my father leaving his flat to me. Society is now not giving me noc. Please let me know the process.
i want to lay down the tiles in front of my flat and also along with my opposite flat we have two flats in same floor and that area is also use as a stair case common area we are into 1st floor and this building is of 3rd floor with lift can we put tiles on that area by with own consent please guide