All cooperative housing societies in Maharashtra, whether private or under SRA rehabilitation, are primarily governed by the Maharashtra Cooperative Societies (MCS) Act, 1960 and the Model Bye-Laws of Cooperative Housing Societies framed under the Act. Registration, membership, elections, meetings, maintenance recovery, dispute resolution, and general administration are regulated uniformly under this law.
What Is an SRA Housing Society?
An SRA housing society is formed under a redevelopment scheme implemented by the Slum Rehabilitation Authority (SRA), which functions under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act. The objective of SRA is to rehabilitate eligible slum dwellers by providing them permanent housing.
Key Difference Between SRA Societies and Private Societies
From a cooperative law perspective, there is no separate cooperative law for SRA societies. The MCS Act applies equally to both. However, members of SRA housing societies are subject to additional restrictions imposed by the SRA authority, which do not apply to private housing societies.
These additional restrictions generally relate to:
• Transfer of flats (sale or gift may require prior SRA approval)
• Letting or renting of flats
• Eligibility conditions of occupants
• Lock-in periods for transfer of ownership
• Use of premises strictly for residential purposes
These conditions are imposed to ensure that the rehabilitation benefit reaches the intended beneficiaries and is not commercially exploited.
Applicability of Model Bye-Laws to SRA Societies
SRA housing societies are required to adopt the same Model Bye-Laws prescribed under the MCS Act. There is no separate set of bye-laws exclusively for SRA societies under cooperative law.
However, an SRA society may:
• Incorporate SRA-specific conditions
• Add clauses relating to transfer restrictions, tenancy, and compliance obligations
• Modify bye-laws by following the due amendment procedure under Bye-Law 166
• Seek approval from the Assistant Registrar / Registrar (SRA jurisdiction)
Such amendments must be consistent with the MCS Act and approved by the competent authority.
Do SRA Restrictions Override Bye-Laws?
Yes. In case of conflict, SRA conditions prevail, as they flow from a special statute meant for rehabilitation. Members must comply with both:
• Cooperative law obligations, and
• SRA scheme conditions
Where Can You Get a Book on Society Bye-Laws?
The Model Bye-Laws of Cooperative Housing Society can be obtained in printed form from authorised publishers. A reliable source to purchase the latest model bye-laws is Click here to buy
This book is useful for:
• Managing committee members
• Society office bearers
• SRA and private society members
• Legal compliance and dispute resolution
Conclusion
To summarise, SRA societies are not governed by a different cooperative law. The MCS Act and Model Bye-Laws apply uniformly, but SRA societies operate under additional statutory restrictions imposed by the Slum Rehabilitation Authority. These restrictions can and should be reflected in the society’s bye-laws with proper approval to ensure legal clarity and compliance.
