When a cooperative housing society undergoes redevelopment, especially jointly with other societies, the location and official address often changes. However, such a change is not automatically valid unless formally amended and registered under the Maharashtra Cooperative Societies Act (MCS Act), MCS Rules, and the Model Bye-Laws.
Steps to Change the Registered Address of the Society
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Call a General Body Meeting (GBM)
Issue a notice to all members at least 14 days prior to the GBM. The agenda must clearly mention the proposal to amend the registered address in the bye-laws. -
Pass Required Resolutions
Two separate resolutions must be passed during the meeting:-
First: A resolution approving the new official postal address with complete details (building name, street, municipal ward, town, tehsil, district, postal PIN).
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Second: A resolution to amend the bye-laws to reflect the new registered address. This requires a two-thirds majority vote of the members present.
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Submit Documents to Registrar
File an application for the registration of the amended bye-laws along with:-
Certified copies of both resolutions
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Amended bye-laws with the new address
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Covering letter duly signed by office bearers
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Registrar’s Role and Timeline
As per Section 13 of the MCS Act and Rule 31 of the MCS Rules, the registrar must dispose of the application within two months. If the registrar fails to act within this time, the amendment is deemed to be registered by law. -
Display and Notify Stakeholders
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The new registered address must be displayed on the society’s notice board immediately after registration.
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Inform all stakeholders, including government departments, revenue authorities, utility providers, banks, insurance companies, PAN issuing authorities, and update title records in property documents.
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Legal References
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Section 13 of the Maharashtra Cooperative Societies Act, 1960
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Rule 31 of the Maharashtra Cooperative Societies Rules, 1961
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Bye-Law No. 166 of the Model Bye-Laws
Conclusion
To make the address change legally valid, societies must follow due legal procedure involving a general body resolution, amendment of bye-laws, and registration with the registrar. Until then, the new address will not be considered the official registered address of the society.
