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."
1.
Tenant
Co-partnership Housing Society;
2.
Tenant Ownership
Housing Society; and
3.
Other Societies
according to Rule 10(5) of the Maharashtra Co- operative
Societies Rules, 1961.
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.
"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 sec 2(16)
of the Maharashtra Co-operative Societies
Act, is exempted from repair cess under Sec. 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
No Society can be registered under the provisions of Section 6(1) of the co-operative Societies Act,
unless it contains at least ten persons
who are qualified to be members under the Co-operative Act and
who reside in the area of operation of the society. The State Government
had issued following order in connection with formation of Housing society:
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;
On receipt of application under Rule 4 of the
M.C.S 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 M.C.S 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
Sec 21, the fact can be submitted as evidence under Sec.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 M.C.S 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 there in if the applicant 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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