Lecture on Registration of Cooperative Housing Society under Maharashtra Cooperative Societies Act, 1960 By Shri S Sunil De Deshmukh
Important Provisions of MSC Act, 1960 4. Societies es which ch may ay be e registered. . -A society, which has as its objects the promotion of the economic interests or general welfare of its members, or of the public, in accordance will co-operative principles, or a society established with the object of facilitating the operations of any such society, may be registered under this Act; Provided that, no society shall be registered if it is likely to be economically unsound, or the registration of which may have an adverse effect on development of the co-operative movement, or the registration of which may be contrary to the policy directives which the State Government may, from time to time, issue.
5. Reg egistration with limited ed or unlimited ed liability.- A society may be registered with limited or unlimited liability.
6. Conditions of f registration. -(1) No society, other than a federal society, shall be registered under this Act, unless it consists of at least ten persons or such higher number of persons as the Registrar may, having regard to the objects and economic viability of a society and development of the co-operative movement, determine from time to time for a class of societies (each of such persons being a member of a different family), who are qualified to be members under this Act, and who reside in the area of operation of the society (3) No federal society shall be registered unless it has at least five societies as its members. (4) Nothing in this Act shall be deemed to affect the registration of any society made before the commencement of this Act.
7. Power er to exempt societ eties es or cl class of societ eties from co conditions as to reg egistration on.- Notwithstanding anything contained in this Act, the State Government may, by general or special order, exempt any society or class of societies from any of the requirements of this Act as to registration, subject to such conditions (if any) as it may impose.
8. Application fo for registra ration.- (1) For the purposes of registration, an application shall be made to the Registrar in the prescribed form, and shall be accompanied by four copies of the proposed by-laws of the society and such registration fee as may be prescribed in this behalf. Different registration fees may be prescribed for different classes of societies, regard being had to the service involved in processing an application for registration. The person by whom, or on whose behalf, such application is made, shall furnish such information in regard to the society, as the Registrar may require. (2) The application shall be signed— in the case of a society other than a federal society by at least ten (a) persons(each of such persons being a member of a different family), who are qualified under this Act, and (b) in the case of a federal society, by at least five societies. (b) No signature to an application on behalf of a society shall be valid, unless the Person signing is a member of the committee of such a society and is
9. Registration.- (1) If the Registrar is satisfied that a proposed society has complied with the provisions of this Act and the rules, or any other law for the time being in force, or policy directives issued by the State Government under section and that its proposed by-laws are not contrary to this Act or to the rules, he shall, within two months, from the date of receipt of the application register the society and its by-laws. (2) Where there is a failure on the part of the Registrar to dispose of such application within the period aforesaid, the Registrar shall, within a period of fifteen days from the date of expiration of that period refer the application to the next higher officer and where the Registrar himself is the registering officer, to the State Government, who or which, as the case may be, shall dispose of the application within two months from the date of its receipt and on the failure of such higher officer or the State Government, as the case may be, to dispose of the application within that period, the society and its by-laws shall be deemed to have been registered and thereafter the Registrar shall issue a certificate of registration under his seal and signature within a period of fifteen days.
10. Evidence ce of Registration.- A certificate of registration signed by the Registrar, shall be conclusive evidence that the society therein mentioned, is duly registered, unless it is proved that the registration of the society has been cancelled.
Sec ection n 70 – Permission for Opening of Bank Account for the Cooperative Housing Society Ltd.
RULE LES FOR REGISTRATI TION OF C COOPERATI TIVE E SOCIET ETIES ES UNDER MA MAHARASHTR TRA C COOPERATI TIVE E SOCIETIES RULE LES, 1961
4. Application for regist stration and registration fees. s. Every application for registration of a society under Section 8 shall be (I) made in Form 'A' in Marathi, Hindi or English, and shall, subject to the provisions of sub-section (2) of Section 8 and sub-rules (2) and (3), be signed by the applicants and shall, in addition to four copies of the proposed bye-laws of the society, be accompanied by: a) a list of persons who have contributed to the share capital, together with the amount contributed by each of them, and the entrance fee paid by them; (b) a certificate from the Bank or Banks stating the credit balance therein in favour of the proposed society; (c) a scheme showing the details explaining how the working of the society will be economically sound and, where the scheme envisages the holding of immovable property by the society, the description of such property proposed to be purchased, acquired or transferred to the society; (d) such other documents as may be specified in the model bye-laws, if any, framed by the Registrar; Registration Fee : Housing Societies (excluding societies of backward clases
5. Registr tration (1) On receipt of an application under Rule 4, the Registrar shall enter particulars of the application in the register of application to be maintained in Form 'B', give a serial number to the application and issue a receipt in acknowledgement thereof. (2) The Registrar may give, wherever necessary, opportunity to the promoters to modify the proposed bye-laws before finally registering the society or rejecting the application for registration of the society. (3) On registering a society and its bye-laws under sub-section (1) of Section 9, the Registrar shall as soon as may be, notify the registration of the society in the Official Gazette and grant to the society, a certificate of registration signed by him and bearing his official seal and containing the registration number of the society, and the date of its registration. The Registrar shall also furnish the society with a certified copy of the bye-laws approved and registered by him.
7. Ref efusal al of Registrat ation Where any society does not furnish the information in regard to the society as required by the Registrar or fulfil any of the conditions laid down in the Act or these rules, the Registrar may refuse to register that society. 8. Matters in respect of which ch Registrar ar may direc ect society to make e bye- e-laws or society may y make ke bye- e-laws - 9. First Bye- e-law of the e Soci ciet ety
CLASSIFICATION ON OF COOPERATIVE HO HOUSING SOC OCIETIES – Rule 10 Housing Societies where land is held (a) Tenant Ownership Housing either on lease-hold or free- hold basis 5 Housing Society Society by Societies and houses are owned or are to be owned by members. Housing Societies which hold both (b) Tenant Co- partnership Housing land and buildings either on leasehold Society or free-hold basis and allot them to their members. House Mortgage Societies and House (c) Other Housing Societies House Construction Societies
FOR ORMS MS TO O BE SUB UBMI MITT TTED D FOR REGI GISTRATION ON OF OF HOUS HOUSING NG SOC OCIETIES
Check List
Name Reservation Application Court Fees Stamp of Rs.50
Scrutiny Form
UNDERTAKING BY THE CHIEF PROMOTER AS PER R FORM 'Y' I, ________________, Chief Promoter of the PROPOSED _________________., do hereby state that:- I have been elected as Chief Promoter of the Proposed _________________________________, by the promoters in their meeting held on ___________. I have been authorized by the promoters in their meeting on ________ to make an application for registration of the ______________ (PROPOSED) and also authorised to take such further action and furnish such further information to secure registration of the said society as may be necessary.
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