Monday 25 March 2013

New Bye-Laws for Co-operative Housing Society in Maharashtra Some Key Point with Bye-Laws No.


New Bye-Laws for Co-operative Housing Society in Maharashtra Some Key Point with Bye-Laws No.  
Bye-laws & Promoter…
3. (ii)      Bye-laws' means bye-laws consistent with Act and registered under this Act for the time being in force and includes registered amendments of such bye-laws.
(xiii) "Promoter Builder" means a person and includes a partnership firm or a body or association of person, [whether registered or not] who constructs or causes to be constructed a block or building of flats [or apartments] for the purpose of selling some or all of them to other persons, or to a company, Co-operative Society or other association of persons, and includes his assignees; and where the person who builds and the person who sells are different persons, the term includes both
Professional Management…
3 (xxix)                 ‘Authorized Person’ means a person duly authorized to take action under the provisions of this Act.
(xxx)      ‘State Co-operative Election Authority’ means an authority constituted or nominated by the State Government for the purposes of superintendence, direction, and control of the preparation of the electoral roll for and conduct of the elections of committee of a society or such class of societies as may be notated.
(xxxi)     ‘Expert director’ means and includes a person having experience in the field of Housing and the field relating to the objects and activities undertaken by the society.
(xxxii)    ‘Functional director’ means and includes a Chief Executive Officer or Manager or by whatever designation called, nominated by a committee and who is available for whole time to look after the working of the society and discharge the duties and functions as may be assigned to him by the committee.
(xxxiii)   ‘Officer’ means a person elected or appointed by a society to any office of such society and includes any office bearer such as a chairman, vice-chairman, chairperson, secretary, treasurer, manager, member of the committee and any other person elected or appointed to give directions in regard to the business of such society.
Objects…
5 (a)       To promote peaceful co-habitation amongst the members on the Co-operative Principles and ensure Voluntary formation, Democratic Member Control, Member - Economic Participation and Autonomous Functioning.
(b)          To provide co-operative education and training to develop co-operative skills to its members, committee members, officers and employees of the society.
(c)           To initiate Redevelopment of the building as per the norms of the authority.
(e)          To provide co-operative education and training to develop co-operative skills to its members, committee members, officers and employees of the society.

Creation of Funds
7.  The funds of the society may be raised in one or more Modes of raising of the following ways: the funds of the society…
                (i) by and for Election Fund.
   (E) Creation of Other Funds
                (d) To create Education and Training Fund from the Members as contribution of Rs 10 per month / per unit or as decided by the General Body.
Active Member…
22.  (B) (1) A member shall be called as 'Active Member' if:-
a.            He has purchased and owns the Flat I Unit in the Society.
b.            He has attended at least One General Body Meeting within a consecutive period of Five years.
c.             He has at least paid the amount equivalent to one year of society Maintenance and Service charges, within a consecutive period of Five years.
Non-Active Member…
22 (B) A member who is not an 'Active Member' shall be the 'non-Active Member'.
(2)    Society shall classify the members as 'Active' or Non-Active' member at the close of every financial year.
(3)    Society shall communicate to every Non-Active member about his classification, within a period of 30 days from 31st March of every year as prescribed under these By-laws as per Appendix - -
(4)    lf a question, of a member being Active or Non-Active arises, an appeal shall lie to the Registrar within a period of 60 days from the date of communication of such classification.
(5)    The ' Non-Active' member can be reclassified as 'Active member' if he satisfies the conditions laid down under Byelaw no. 22(B)(1).
Access to Documents…
Inspection of Books and Records Getting Copy of the Bye-laws.
  1. (a)          A member shall have right to inspect free of cost books, registers documents etc. as provided in Section 32 (1) of the Act and get copies of the documents … on payment of the fees prescribed under the bye-law No. 172.
172.         
1.            Certified copy of the approved Bye-laws of the Society Rs. 5/- per page.
2.            Amendment of the bye-laws of the society Rs. 5/- per page.
3.            Last audited Balance Sheet of the Society Rs. 10/- per page.
4.            Application for membership of the Society Rs.25/-
5.            Second and Subsequent Nomination by the member of the Society Rs.50/-
6.            Share Certificate of the Society (Dup|icate) Rs. 100/-
7.            List of members of the Society Rs. 10/- per page.
8.            Correspondence (related to member) Rs. 10/- per page.
9.            Minutes of the general body meetings and committee Meetings Rs. 10/- per page.
10.          Indemnity Bond Rs. 20/-
11.          Copy of Audit Report,  Annual Returns and Periodicals -- Rs 10/- per page.
12.          List of Non-Active members -- Rs 5/- per page.
13.          Any other document as per section 32 of the Act -- Rs. 5/- per page.
Annual General Meeting…
96.          The annual general body meeting of the Society shall transact the following business :
   
(x)          To receive from committee the Audit Rectification Report and Action taken thereon.
(xi)         To appoint the Grievance settlement and Redressal Committee as provided in Bye-law No. 173.
Election…
116. (a) Election of all the members of the Committee shall be held once in 5 years, before expiry of its term, in accordance with the provisions of Sec 73- CB of the Act and the Rules / procedure framed there under.
                It shall be the duty of the committee to intimate to the State Election Authority for holding of its election before expiry of its term. On failure, the committee members shall cease to hold office after expiry of its term and attract action by the Registrar under section 77 A.
                (b) The Committee of the society may co-opt Two "expert directors" relating to the objects and activities under taken by the society. The number of such co-opted members shall not exceed two in addition to the strength of the committee as provided in bye-laws No. 115., Such co-opted members shall not have the right to vote in any election of the society in their capacity as such member or to be eligible to be elected as office bearers of the committee.
                (c) The Committee of the society may co-opt Two "functional directors", such members shall be excluded for the purposes of counting the total numbers of the committee and shall have no right to vote.

Last date fixed by commissioner of Co-operation M.S. For Amemendment of you Old bye-laws to new bye-laws is 30/04/2013 for that you have to call Special General Meeting for Discussion.

My  CONCLUSION:

Still Commissioner of Co-operation M.S. Pune do not final the following
1. Draft the format of ANNEXURE of Active Member & other ANNEXURE.
2.Do not final the who is the  member of State Election Committee & their charges and work scope.
3. Do not final the ELECTION RULES
4.Do not approve the draft copy of the bye-laws upload on his website and give the Different Housing Federation permission to print this bye-laws and ask them to provide to the Housing Society.
5. Administrator is remove but Dy. Register appoint " Authorized Officer/Person" this is same as Administrator 
So Don’t blindly call the SAGM for Amend your CHS Bye-laws approve. First let the bye-laws  approved print from Commissioner of C.S.  come in the Federation .Let Federation print that bye-laws then read the bye-laws  understand it properly and then approved it.  Many Dy. Register of C.S. Send the letter through auditor and force the Society to amend the byelaws.  There are chance to 20 to 30 % change in the Draft copy upload in the Commissioner of Co-operative Society.   

Don’t blindly approve… Understand!!! Don’t Worry, be happy!

Saturday 23 March 2013

New MCS ACt -Overview


New MCS Act  - Overview
  1. Empower active members. Non-serious participants cannot participate in decision-making.
  2. Expel dormant members or force them to become active.
  3. No Administrators. Active members will be “authorized officer” or “interim committee”.
  4. Regular training to groom fresh leaders through Apex Cooperatives.  Allocate funds for that.
  5. The managing Committee must attend training at least once in five years.
  6.  Stop washing dirty linen in co-op. Court. Resolve internal differences  through “Grievance Redressal Committee”.
  7. Co-op. Court to encourage Win-Win compromise. Not Win-Lose “Justice” in private dispute resolution.
  8. Get professionals help for management… Adopt modern methods of management, record keeping etc.
  9. Strengthen Audit function.  Stop Crime!  Auditors, Registrar etc. to pinpoint responsibility for fraud and Register FIR.
  10. Realistic penalties for offences. Fine and prison sentences have increased.

Strict Audit & Reporting
  Accounts to be audited at least once in each financial year… before AGM notice
  Auditor or auditing firm from a panel approved by State Govt
  The auditor shall lay the audit report before the AGM
  Every society shall file audited annual returns within six months of the close of every financial year to the Registrar or to the person authorized. 
  Read Sec 79 and Sec 81

New MCS Act - Tough on Crime!
CHAPTER VIII
Audit, Inquiry, Inspection & Supervision
81. Audit.--
1 (e) The auditor’s report shall have:
     (i)            All particulars of irregularities observed in audit… the auditor/auditing firm shall investigate and report the modus operandi… fix the responsibility for such misappropriation or embezzlement of funds or fraud, on the members of the board or the employees of the society… with all necessary evidence.

146. Offences
(a) Any member of a society transfers any property or interest in property in contravention of sub-section (2) of section 47 …
(d) Any person, collecting share money for a society information, does not within a reasonable period deposit the same in the State Co-operative Bank…
(g) … Officer or member willfully makes a false return or fails to furnish a return under section 75 or 79 of the Act, or furnishes false information to a person holding an inquiry under section 83, an officer authorized under section 88

147. Punishments…
Every society, officer or past officer, member or past member, employee or past employee of a society, or any other person, who commits an offence under section 146 shall, on conviction, be punished-
(a) If it is an offence under clause (a) … imprisonment for … six months, or with fine … five hundred thousand rupees;
(b) If it is an offence under clause (b) … imprisonment which may extend to three years, or fine … five fifteen thousand rupees;

Elections to be monitored closely
73-E.  State Co-operative  Election Authority:
Superintendence, direction and control of the preparation of the electoral rolls…
and conduct of… every election of the members of the board and of the office bearers

No Administrator
  In a society not having any government grant or loan, no Administrators will be appointed.
  In a Society has government aid, the Administrator can be appointed maximum for six months. 
  After 6 months, elections must be held.
  Provisions are in Sec. 78 and 78-A

Active Member
  Only active members can vote in the affairs of the society including elections.
  Non-active member cannot contest election.
  Member who does not attend at least one general body meeting and pay maintenance for at least one out of five years to be classified as “non-active member” (See Sec. 26 & 27)
  Non-active member liable for expulsion & eviction from flat after 10 years

Dispute Redressal Committee
  Committee to settle disputes of members & society within 3 months.
  3 active members -- knowledgeable & senior,  preferably experts whom general body considers impartial
  Aggrieved to submit written application along with documents relied upon. 
  Assist the parties in an impartial manner to reach an amicable settlement within the framework of the Acts, Rules and Byelaws
  Sign Grievance Settlement Agreement
  Read Sec 89AB



Wednesday 20 March 2013

Guidelines for choosing CA / GDCA as Auditor for society.

Guidelines issued by Commissioner &  Registrar of Co-operative Society M.S , Pune  for choosing CA / GDCA as Auditor for society. 




Monday 18 March 2013

N format Schedule for defaulter & Advance payer flat holder.

N format Schedule for defaulter & Advance payer flat holder.

XYZ COOPERATIVE HOUSING SOCIETY LTD. 
SCHEDULE " A" 
DUES RECEIVABLE FROM MEMBERS AS ON 31.03.2013
Sr. No.  NAME Flat No.  Amount 
       
       
       
       
SCHEDULE " B" 
ADVANCE CONTRIBUTION RECEIVED FROM MEMBERS AS ON 31.03.2013
Sr. No.  NAME Flat No.  Amount 
       
       
       
       
Place:
Date:-
Sign of Auditer along with stamp
Sign of C/S/T of society. 

Sunday 17 March 2013

N format Receipt & Payment A/C

N format Receipt & Payment A/C 

You can Add/ Remove head as per your society. 

RECEIPT & PAYMENT A/C AS ON 31.03.2013


AMOUNT   RECEIPT AMOUNT    AMOUNT     PAYMENT AMOUNT  
IN Rs.    IN Rs.  IN Rs.    IN Rs. 
2011-2012   2012-2013 2011-2012   2012-2013
  TO OPENING BALANCE     BY ACCOUNTING CHARGES  
        BY AUDIT FEE  
  CASH     BY BANK CHARGES  
  Dist. Bank      BY TRAVELLING CHARGES  
        BY EDUCATION FUND  
  TO BANK INTEREST      BY ELECTRIC BILL  
  TO MAINTAINANCE CHARGES     BY ELECTRICAL MAINTAINANCE  
  TO TRANSFER PREMIUM     BY FEDERATION SUBSCRIPTION  
  TO ENTERENCE FEE     BY FIXED DEPOSIT RECEIPTS  
  TO TRANSFER FEE     BY INSURANCE PREMIUM  
  TO ASSOCIATE MEMBER FEE     BY MUNCIPAL TAX  
  TO NOMINAL MEMBER FEE     BY N.A TAX  
  TO MAJ. REPAIR FUND     BY PRINTING & STATIONARY  
        BY REPAIR & MAINTAINANCE  
        BY STRUCTRUAL AUDIT FEE  
        BY SALARY  
        BY SUNDRY EXPENSES  
        BY WATER BILL  
        BY BONUS   
        BY TDS PAID  
        BY LEGAL FEES  
        BY SECURITY DEPOSIT   
        BY TELEPHONE BILL  
        BY LIFT MAINTAINANCE  
        BY AMC CHARGES  
        BY FIRE AUDIT  
        BY POSTAGE  
           
        BY CLOSING BALANCE  
        CASH  
        Dist. BANK  
           
  TOTAL     TOTAL  
Place
Date
Sign of auditer along with stamp  Sign of C/S/T


Saturday 16 March 2013

N format Balance Sheet

N format Balance Sheet

You can add/remove head as per your society.

XYZ COOPERATIVE HOUSING SOCIETY LTD. 
BALANCE SHEET AS ON 31.03.2013
LIABILITIES AND CAPITAL Rs. Rs PROPERTIES AND ASSETS Rs. Rs.
SHARE CAPITAL     FIXED ASSETS    
Authorized Share Capital     Land & Building    
______ Share of Rs. 50/- each          
Subscribe & Paid Up ______     Furniture & Fixture    
Share of Rs. 50/- each      Less: Dep. @10%    
           
RESERVES & SURPLUS FUND      Water Pump    
Entrance Fees.     Less: Dep. @10%    
Transfer Fees.           
      Office Premises    
SINKING FUND     Less: Dep. @10%    
Add: Current Year          
Int. on F.D.R.     Electrical Installation    
      Less: Dep. @10%    
MEMBERS CONTRIBUTION TOWARDS          
Land & Building     Office equipment    
Office Premises     Less: Dep. @10%    
           
MEMBERS CONTRIBUTION RECEIVED IN ADVANCE     Watchman's Cabin    
      Less: Dep. @10%    
CURRENT LIABILITIES          
Audit Fees Payable     INVESTMENTS    
Electricity Charges     Sinking Fund F.D. in Dist. Bank    
      Share Capital F.D. in Dist. Bank    
      Reserve Fund F.D.in Dist. Bank    
      Other F.D.     
      Accrued Interest    
      Deposit with Elec. Company    
      Deposit with Tele. Company    
           
      CASH & BANK BALANCE    
      Cash in Hand    
      Bal. in Dist. Bank A/C No. ___    
           
      EXCESS OF INCOME OVER    
      EXPENDITURE     
      Balance as per Last Year    
      Add:- Current Year Balance     
TOTAL     TOTAL    
Place:
Date:-
Sign of Auditer along with stamp Sign of C/S/T of society.