GR- FOR REGISTER SOCIETY LESS THEN 10 MEMBER

Process of Co-operative Housing Society Registration

• 60 % of the Promoters are must be ready to form Co-op. Housing Society.
• If flats are sold as per the Maharashtra Ownership Flats Act,1963 [MOFA] then it is the duty of the Builder / Developer to form society and hand over the Account + Documents to Provisional Working Committee [PWC] In this  case the builder become CP and other flat owners become Promoters for Registration purpose. This society register under Co-operation.
• When the builder is not registering society due to some reasons or not support to registered society then flat purchasers can apply for registration of Co-operative Housing Society under Non Co-operation.In this case one of the flat owner should be elected as CP for Registration purpose.In this case some more time is taken to registered society as registrar is issue notice to builder for Non Co-operation. If no response then ex-party decision are taken for registration of the society. Now all the case of Non Co-operation Registration decisions is given by District Deputy Registrar [DDR] then society is registered
• All flat owner should hold meeting and elect Promoter.All power for Registrations,documentation etc. should be given to promoter.The resolution should be passed and must be sign by all flat owners who wish to become member of the Co-operative Housing Society 
• Appoint Consultant / Legal Advocate for registration and ask him to comply all requirements.All  members togethers also can do work for registration.
• For  registration of Co-op. Hsg. Society the following documents should be filed to Dy. Registrar / Asst. Registrar Of Co-operative Department  area concern in order as follow

1. Applications for Name to be Reserved for Proposed Society's
2. Form of resolution electing a CP and Promoter and giving them authority for doing certain acts on behalf of the proposed society
3. Application form  "A"   4 copies 
4. Information in Annexture " A " " B " " C "   4 copies
5. Bye-Law of the Society    2  copies
6. Details of Accounts Annexture " D "   2 copies
7. Bank Balance Certificate in Original  1 copy in Original
8. Agreement of Flat     1 copy
9. Advocate Search Report    2 copy [Title Certificate]
10. Society's Building Plan   2 copies
11. Lay Out Plan    2 copies
12. Sanction Plan from Authority   2 copies
13. O.C / C.C copy    2 copies
14. Promoter's Guarantee in form " X "  On Rs. 100/- Stamp paper & notarized 1 copy
15. Guarantee in form " Y " On Rs. 100/- Stamp paper  & notarized 1 copy
16. Guarantee in form " Z "  On Rs. 100/- Stamp paper  & notarized  1 copies
17. 7/12  or City Survey Revenue Record of Land [not more than 1 month old]  1 copy
18. Promoters Affidavit   On Rs. 100/- Stamp paper  & notarized 1 copy
19. Indemnity Bond   On Rs. 100/- Stamp paper  & notarized 1 copy 
20. NA Certificate / ULC   2 copy
21. Plot area Land Map   2 copies
22. Scheme
23. Registration Fee Challan  for Rs.2500    1 copy original
24. Builder Non Co-operation form Z  On Rs. 100/- Stamp paper  & notarized  if required  1 copy
25. CP Affidavit for Child Labour  On Rs. 100/- Stamp paper & notarized 1copy  

All this forms are available at your District Co-operative Housing Society Federation.

On submission of above document the Dy./Asst. Registrar  will go through the papers And document. If found OK he will make order for issue of Registration Certificate.

If any deficiencies are found then the applicant will be inform accordingly and documents will be corrected wherever necessary. When all papers are in order, he will issue order for issue of Registration Certificate.

Registration Certificate is issued with covering letter and Officer's name is mentioned who will attend First General Meeting. Normally the Officer concern is not attending meeting. In absence , all member has to hold meeting and has to elect Provisional Working Committee  [PWC] whose working period will be ONE Year.  After electing PWC  the member of PWC has to submitted the M-20 bond on Rs. 100/- stamp paper 

with the sign of Officer's whose name is in Covering latter to Dy./Asst. Registrar. All Rule and Regulations ,resolution and minutes which is written in AGM Register must be sign by Officer's name is mentioned in covering letter it is the most important step.[Many society forget this which create problem latter]  After First Annual General Meeting PWC is replaced with new Working Committee [WC] whose working period will be FIVE Year.  The new WC election can conduct before PWC time over with proper election process. WC also has to  submitted the M-20 bond on Rs. 100/- stamp paper with the sign of election officer to Dy./Asst. Registrar

When application for Name reservation of Society has given , the Dy./Asst. Registrar give instruction to Open Bank Account in Dist. Central Co-op. Bank  The Account has to opened in the name of CP And deposit all money of Share Capital Contribution [per member Share Money is Rs. 50*10 = Rs. 500 i.e. 10 share of 50 rupees each ] and Member ship Fees of  Rs. 100/- i.e. Per member you have to deposit Rs. 600/- in bank  and obtain Bank Balance Certificate and submitted it to Dy./Asst. Registrar. After First  Annual General Body Meeting the Bank Account has to transfer in the name of Society.For bank Account operation Chairman sign must and either Secretary and Treasurer. Expenditure has to be made as per provision of Bye-Laws. Bank and Cash Transaction [ Collection and Payment] are handled by Treasure when Billing Clerk or Accountant are not been kept.

REGISTRATION OF HOUSING SOCIETY

The Registration process and requirements are governed by Maharashtra State Co-operative Society Act 1960.

To Register Co-op.Housing Society, Minimum 10 member are required.

Less than 10 members Societies are also Registered as per M.S.Govt. Ordinance No. 1094 and 277/14 Dated 10/03/1995.But such member's flats should be less than 700 Sq.ft.Carpet Area

As per M.S. Govt. Notification dated 24/07/1992 conditions for registrations Are liberalised. Even 60% Promoter from a building are permitted to form Co-operative Housing Society. Ltd. and are been Registered by  the Co-operative Department

You can Registered Society by 2 way
1. Under Co-operation :- In this Builder / Developer become Chief Promoter [CP] and flat owner become Promoters.
2. Non Co-operation :- In this One of the Flat owner become CP And other become Promoters. In this builder is not support due to some reasons.In this some more time is required to registered society then in Co-operation.

Which are the Book and Registers to be maintained by CHS ?

The following books and registers are to be maintained by CHS
1. Register of Member - I Form [Rule 32 and 65 of Maharashtra Co-op.Societies Rules]
2. List of Member - J Form [Rule 37 of Maharashtra Co-op.Societies Rules]
3. Register of Shares  [Rule 65 of Maharashtra Co-op.Societies Rules]
4. Cash Book  [Rule 65 of Maharashtra Co-op.Societies Rules]
5. General Ledger  [Rule 65 of Maharashtra Co-op.Societies Rules]
6. Personal Ledger  [Rule 65 of Maharashtra Co-op.Societies Rules]
7. Sinking Fund Register [Rule 65 of Maharashtra Co-op.Societies Rules]
8. Property Register  [Rule 65 of Maharashtra Co-op.Societies Rules]
9. Loan / Mortgage  Register  [Rule 65 of Maharashtra Co-op.Societies Rules]
10. Investment Register  [Rule 65 of Maharashtra Co-op.Societies Rules]
11.Nomination Register  [Rule 25 of Maharashtra Co-op.Societies Rules] 
12.Register of audit Objection and rectification [Rule 73 and 65 of Maharashtra Co-op.Societies Rules]
13.Minutes Book of the Meetings of Committee  [Rule 65 of Maharashtra Co-op.Societies Rules]
14.Minutes Book of the Meetings of General Body  [Rule 65 of Maharashtra Co-op.Societies Rules]
15.Other Registers as may be necessary.

Highlights Of The New Model Bye -Laws 2009.

1. Chief Promoter role to continue till First Special General Body Meeting [Bye-Law No. 3[3]]
2. Open terrace means a terrace to which all members have access.[Bye-Law No. 3[21]]
3. Recognizing the need of redevelopment and its impact with the passage of time.
4. Linking rights of members to the number of flats.[Bye-Law No. 7[j]].
5. Giving papers to members within 15 days of request of the member.[Bye-Law No. 23]
6. Specifying time limit for certain acts. [Bye-Law No. 23,27[d],28,29,30,38[c],106,165]
7. Nominee cannot create interest in favour of third parties without establishing the rights of the legal heirs.[Bye-Law No. 34]
8. Submission of stamp duty and registration receipt At the time of transfer of flat.[Bye-Law No. 41[6],38[e][4]]
9. Child labour prohibited from working in co-operative societies.[Bye-Law No. 50[b] and 161[c]]
10. Dues of society can be recovered from the legal heirs of the deceased member and /or the occupant.
      [Bye-Law No. 70[b]]
11. Structural audit to be done by structural engineer.[Bye-Law No. 76]
12. Member will not have a right to sell the parking space which has not purchased by him at the time of
      transfer of shares. [Bye-Law No. 77]
13. Money of the society for day to day activities can be invested in scheduled co-operative bank or
     nationalised bank.Intimation of the same has to be given to the concerned registrar within 15 days
     from the date of opening of bank account.[Bye-Law No. 114]
14. If lady member is not willing to be a managing committee member than the said vacancy can be filled
      by other male member.[Bye-Law No. 115]
15. If share capital of the society exceed Rs. 10,000/- than voting has to be by secret ballot at the time of
      election of the society. [Bye-Law No. 116[a]]
16. If a candidate pays the society dues prior to scrutiny of nominations than the said candidate would be
      eligible to contest the election. [Bye-Law No. 110]
17. No confidence motion cannot be moved within a period of six months from the date of moving the no
      confidence motion against the same office bearer if the earlier no confidence motion is rejected.[Bye-Law
      118[b]]
18. Casual vacancy can be filled not exceeding two seats. However the same will be done only with registrars
      consent. [Bye-Law No. 129]
19. Amounts above Rs. 1,500/- should be by Account payee cheque only. [Bye-Law No. 146]
20. Honorarium that can be paid to office bearer not exceeding 15% of income or Rs. 2,000/- for each office
      bearer which ever is lower. [Bye-Law No. 149[b][2]]
21. Repair contract upto Rs. 1,00,000/- can be decided by committee with a right to give increase by 10%
      in the contract allotted to the lowest tender. However in such cases committee will have to take the
      decision pertaining to quality of goods at its own risk [Bye-Law No. 158]
22. Every society will prepare disaster management plan which will include possibility and analysis of risk,
      stake with reference to the risk, responding mechanism to risk management.Important telephone No.
      to be maintained by society which will include the Tel. No. of members and Government Officer  
      concerned with emergency management. [Bye-Law No. 161[b]]
23. Stringent provision to ensure that the provision of Child Labour Act 1986 to be implemented. The
      penalty as per law on the erring party is one year imprisonment or fine Rs. 20,000/-
24. Intimation to police authorities, social organisations, labour commissioner [Bye-Law No. 161[c]]
25. To protect the interest of the widows of the members by restricting the right of the nominee to deal
      with the property.[Bye-Law No. 161[d]]
26.Maximum penalty that can be levied cannot exceed Rs. 1,000/- [Bye-Law No. 166]
27. If a member is aggrieved with any decision of the general body than the complainant must approach the
      advisory committee and if satisfactory decision is not received than the complaint can lodge the complaint
      with the concerned Authorities. [Bye-Law No. 175]
28. Compliance of the terms and conditions of the circular dated 03/01/2009 with regards to redevelopment
      of the property. [Bye-Law No. 176]

Type Of Housing Society

1.TENANT OWNERSHIP HOUSING SOCIETIES :Where societies have been formed when land is purchased by the society and building has been constructed by the society. The same is appearing in Rule 10 Class 5, sub clause [a]. of Maharashtra Co-operative Society Rule 1961. Normally bungalow society.Now all society that have redevelop
In this society is owner of land
In this type resale of flat / plot / house must purchase by try party agreement [1.Buyer/Purchaser 2.Seller and 3.Society Office-Bearer as Conforming Party] Along with society NOC . This is necessary because unless this Buyer name want be added in 7/12 Extract or Property Card. Since Owner of land is Society so without this you can not get share in Land


2.TENANT CO-PARTNERSHIP HOUSING SOCIETY:
Where societies have been formed when flats have been purchased by the flat purchasers from the builders.The same is appearing in Rule 10 Class 5, sub clause [b]
In this builder or some other person is owner of land.
In this type resale of flat / plot / house must purchase by with society NOC which must attach in agreement maid between buyer and seller.

Housing Society [maharashtra]

Hi Friends,

In this you find the Housing Society Bye-Laws , Society member problem and other Housing Society related problem. You can also post your problem and i can give you answer.

I also under take following work releated to Co-operative Housing Society
1. Registration of society in Mumbai & Thane Dist. [upto handover from CP to SOCIETY and cunduct 1st    meeting]

2. Society Sectrial/ Management Service [in Thane & Mumbai]
   for charges plz call me
  

Amit Visariya
Cell - 9321230595
Email   visariya007@gmail.com