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Housing
Societies function as small communities, organising social and
economic activities for members and affording them opportunities including
higher social values
DEFINITION: The
Definition of "Housing Society"
under Section 2(16) of Maharashtra
Co-operative Societies Act 1960 is as follows:-
"Housing Societies" means
a Society, the object of which is to provide its members with open plots for
housing, dwelling houses or flats; or if open plots, the dwelling houses or
flats are already acquired, to provide its members common amenities and
services."
These housing societies of occupiers of tenements
fall in sub-category:-
1.
Tenant Ownership Housing Society;
2.
Tenant Co-partnership Housing Society and
3.
Other Societies according to Rule 10(5) of
the Maharashtra Co-operative Societies Rules, 1961.
1.
Tenant
Ownership Housing Society: Housing Societies where land is held either
on lease-hold or freehold basis by societies and houses are owned or to be
owned by members. The houses or structures built thereupon on such land are
owned by the building site from the society as a lease-holder. The lease
contains conditions, prohibitory sub-letting, transfer etc.
2.
Tenant
Co-partnership Housing Society: "The
Society which holds both land and building either on lease-hold or free-hold
and allots them to its members" The individual member contributes in first
instance by purchasing shares and then pays rent for occupying the tenement
allotted to him by Housing Society. It falls under Maharashtra Ownership Flats Acts, 1963.
The only difference between Tenant Ownership Housing Society and Tenant Co-partnership Housing Society
is that in the latter type i.e. co-partnership tenancy, the member has
only a share in the property as a whole and no claim to a particular house or
tenement, while in the former though technically. A tenant of the society, the
member is for all practical purposes the owner of the house or tenement.
I.
House Mortgage Society: In mofussil town there are no of persons
who do not own houses but have got individual piece of land. If house mortgage
societies are formed in each town which would be open to such persons, it will
help them to apply for loan for construction of houses to Maharashtra Co-operative Housing Finance Society. These House
Mortgages societies may be affiliated. The members of these societies will get
loans on the same terms and conditions
as the members of normal housing
societies obtain loans from Maharashtra
Co-operative Housing Finance Society.
II.
House Construction Society: This type of Society deals in purchase and
sale of constructed houses or dwelling to members or other Societies.
III.
Flat Ownership Societies: These Societies are formed under the Maharashtra Ownership Flats (Regulation and
Promotion of Construction, Sale, Management and Transfer) Act, 1963.
IV.
Apartments formed under Apartments Act :
Maharashtra Housing and Area Development Act and repair cess: If
a society is registered as co-operative housing society which is covered by the
definition of housing society as given in section
2(16) of the Maharashtra Co-operative Societies Act, is exempted from
repair cess under Section 83 (1) (g) of
the MAHADA
The
basic requirements for registration of co-operative society are not known to
several promoters i.e members of the society. Before registration proposal of a
co-operative housing society of any type of society it is necessary to elect a
chief promoter who is duly authorised as such by the promoters from amongst
themselves to act on behalf of them and also he is expected to formulate the
registration proposal and exercise such powers and carry out such functions
mentioned in the minutes of the meeting of the promoters of the proposed co-operative
housing society.
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FOR
FORMATION OF CO-OPERATIVE HOUSING SOCIETY LESS THAN TEN MEMBERS ARE PERMITTED
WITH THE CERTAIN CONDITIONS: The Government of Maharashtra had issued an order No C.H.S 1094/C R 277/14-C dt 10th
March 1995, published in M.G.G Part
4-B, 1995 p.92 under the provisions of Section 6(1), that the condition to
form housing society is that there should be 10 persons minimum, but this
condition is relaxed if (1) The plinth area of tenement is not more than 700 sq.
feet and (2) There should not be F.S.I left for further construction.
(1). Every Application for
registration of a Society under Section
8 of the M.C.S Act shall be made in Form
'A' in Marathi, Hindi or English and subject to the provision of Section 8(2)
and sub-rules (2) and (3) of rule 4 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.
On
receipt of application under Rule 4 of the Maharashtra
Co-operative Societies Rules 1961, the Registrar
has to enter particulars of the application in the registrar of applications to be maintained in Form 'B' and has to give
serial number to the Application and should issue a receipt in acknowledgement under rules thereof.
It is
the duty of the Registrar to give
opportunity to the promoter to modify the proposed bye-laws before finally
registering the society or rejecting the application for registration of the
society.
Under
the provisions of Section 9(1)
of the Maharashtra Co-operative Societies Act
1960, the Registrar has
to issue a certificate of registration signed by him and bearing his official seal and containing the
registration number of the society with a certificate copy of the bye-laws approved and registered by him.
So long
as the registration of the Society stands and as long as it was not cancelled
by the Registrar, the said certificate is a conclusive evidence of the fact
that the society was duly registered - Miss Rinkoo Jaiswal v/s. Ruksana Apt Co-op
Housing Society Ltd, 1987 When registration is cancelled by the
Registrar under Section 21, the fact
can be submitted as evidence under Section
4 of the Evidence Act.
Government of Maharashtra had issued a notification No CO/HSG/.50/1092/2074 No 44/14-C dt 24-7-1992
regarding relaxation in condition of registration of Societies The percentage
of promoters has been down from 90 to 60
i.e 60% promoters are enough to register
a co-operative housing society
The
condition of registration are laid down in Section
6 of the Maharashtra Co-operative
Societies Act, Under Section 9(3) if
the Registrar refuses to register a proposed society he has to communicate his
decision, with the reasons to the person making application and if there be
more than one then to the person who has signed first therein. If the applicants
have complied with all the requirements the application for registration of
Society could not be refused Dr Devendra Chimanlal Shah v/s. The State of
Maharashtra 1985 CTJ 37 (Bom).
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