Online Registration of Co-operative Housing Societies India

Frequently Asked Question

1.Whose responsibility it is to call Annual General Body Meetings?

The responsibility to call Annual General Body Meeting of the society is of the Secretary under rule 60 of the Maharashtra Co-operative Societies Rule 1961

2.It is whose responsibility to see whether the Annual General Body Meeting was called in prescribed time limit or not?

It is the responsibility of the Committee of the Housing Society under bye-rule no. 139(16) of the society. No charges for obtaining requirement list and Quotation.

3. Is Annual General Body Meeting postponed for want of Quorum?

Yes. As decided on the day of meeting and as mentioned in the notice the meeting can be postpone up to the time determined on the same day. A postpone meeting can be taken on the date determined and this meeting did not required quorum.

4. Who is a minimum period of the Annual General Body Meeting?

At least 14 days’ notice is required.

5.Can a meeting become invalid if some members of the co-operative housing society to not come?

Once the general body meeting is called then it cannot be invalid unless the order in that regard passed by the Co¬ operation court.

6. What is a remedy if the Annual General Body of society was not called before the 30th sept?

In case of default in calling the Annual General Body Meeting as stipulated in bye-law 93(a) above, shall attract disqualification and action as provided under section 75(5) of the Act.

7. Who is a Promoter?

The term Promoter is defined under Bye-law No. 3(xii) of the Model Bye-laws of the Society. A “Promoter” is a person, who signs the application for registration of the Society before the Registering Authority.

8. What are the types of Co-operative Housing Societies?

Classification of Co-operative Housing Societies is made in the Maharashtra Co-operative Societies Act 1960 and rule 10of Rules 1961.
1. Tenant Ownership Co-operative Housing Society in which land is holding on lease or independently. Houses are also own by the members.
2. Tenant Joint Ownership Co-operative Housing Society in which land and houses are owned by the society and house are allotted to the members.
3. Other Co-operative Housing Societies-House Mortgage-age Society-House building Society.

9. What are the main objects of formation of Society?

The main objects of the formation of a Housing Society are as under:
1. To obtain conveyance from the owner/Promoter (Builder), in accordance with the provisions of the Ownership Flats Act and the Rules made there under, of the right, title and interest, in the land with building/buildings thereon as described in the application for registration of the Society.
2. To manage, maintain and administer the property of the society
3. To raise funds for achieving the objects of the society
4. To undertake and provide, for on its own account or jointly with cooperative institution, social cultural or re-creative activities
5. To do all things, necessary or expedient for the attainment of the objects of the society, as specified in the bye-Jaws

10.Minimum how many promoter members are to be participated in the society registration proposals ?

If the building is built by the Builder and Developer than 60 per cent purchaser or promoter should be participated in the registration proposal.

11.Minimum how many promoters sign are required on registration proposals?

Sign of sixty per cent promoters/who participated in the registration proposal are necessary.

12.Can we do registration of the building having less than 10 flats?

Subject to the following orders the society having less than 10 members can found the only condition is that the built up area of each flat should not be more than 700 sq. ft. and the F.S.I. should not be balanced.

13.What are the alternations if the builder is not cooperating forming co-operative society?

In such situation, the chief promoter of the society should submit the registration proposal to the concerned registrar in the category of builders’ non co-operation.

14. What is the area of Operation of Society?

The Area of Operation of the Society is confined to the area in which it is located. The Society has to specify its Area of Operation in its Bye-Jaws while submitting its bye-Jaws for approval before the Registering Authority during the registration of the Society.

15.Who is the Chief Promoter?

The term Chief Promoter is defined in the Bye-Jaws under Bye-Jaw No. 3(iii). A “Chief Promoter” is a person who is elected by the Promoters, in their first meeting, or in their subsequent meetings in case the post of the Chief Promoter lies vacant, till the first general meeting of the Society.

16.Who is a Promoter?

The term Promoter is defined under Bye-law No. 3(xii) of the Model Bye-Jaws of the Society. A “Promoter” is a person, who signs the application for registration of the Society before the Registering Authority.

17. What do you mean by the term Builder-Promoter?

The term Builder-Promoter is defined under the Bye- law No. 3(xiii) of the Model Bye-laws of the Society. A “Builder- Promoter” means a person 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 person s, 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. For example, where the land owner gives the development rights of his plot to any other builder for constructing the building of the Society, the land owner and the builder both will be clubbed under the term Builder-Promoter.

18.When the condition of min. 20% backward class member is applied while registering the co-operative housing siciety ?

The said condition is applicable if the Authority who gave the financial assistant or land to the society laid down such condition.

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