- Maharashtra Co-operative Society Act 1960 In Marathi Pdf Download
- Maharashtra Co-operative Society Act 1960 In Marathi Pdf Free
- Maharashtra Co-operative Society Act 1960 In Marathi Pdf Format
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97th Constitutional Amendment, amended, Amendment, CHS, co-operative housing societies, Harshvardhan Patil, Madhukar Chaudhari, maharashtra, Maharashtra Co-operative Societies Act 1960, MCS Act 1960, model bye laws, Prithviraj Chavan
7th May, 2013
- (ii) Maharashtra Co-operative Societies Act, 1960 1961: Mah. Nominal, associate and sympathiser member. Cessation of membership. Removal of names of members from membership register. No rights of membership to be exercised till due payments are made. Voting powers of members. Restrictions on holding of shares.
- Maharashtra Co-operative Housing Society Bye Laws II. INTERPRETATIONS / Definitions 3. Interpretations of the words and terms: Unless otherwise separately provided in these bye-laws, the following and terms shall have the meaning assigned to them herein: (i) 'Act' means the Maharashtra Co-operative Societies Act; (MCS Act) 1960.
- Op housing society bye laws in marathi pdf. (i) 'Act' means the Maharashtra Co-operative Societies Act; (MCS Act) 1960. Download or Read Online co operative society laws maharashtra book in our library is free for you. Hoi4 millennium dawn wiki.
- Societies formed by memorandum of association and registration. — Any seven or more persons associated for any literary, scientific, or charitable purpose of for any such purpose as is described in section 20 of this Act, may, by subscribing their names to a memorandum of.
(a) 'Act' means the Maharashtra Co-o perative Societies Act. 1960; (b) 'Apex Co-operative Bank' means a federal co-operative bank having jurisdiction over the whole of the Maharashtra State and recognised as such by the State Government for the purpose; (c) 'co-operative year' means the year ending on the 30th day of June.
To
Shri Harshvardhan Patil
Minister for Co-operation, Maharashtra
3rd Floor, Mantralaya Annexe, Madame Cama Road
Mumbai
Model Bye-law no. 170(a) will affect many self-employed professionals, cause bitter disputes in Housing Societies
Dear Sir,
Many of the 80,000-odd co-operative housing societies (CHS) in our state have already adopted the new model bye-laws, complying with your department’s strict directions. By this month-end, a majority of them will have adopted them.
Some new model bye-laws are not necessary in for implementing amended Maharashtra Co-operative Societies Act 1960 and 97th Constitutional Amendment. We humbly request you to suitably modify or delete such bye-laws in the larger interest.
Official copy of new model bye-laws for CHS: http://tinyurl.com/CHS-Model-Byelaws
We draw your attention to bye-law no. 170(a) – a new provision that says that if any society member is found to have encroached on common areas, or used the flat for any purpose other than that for which it was allotted, “shall pay an amount equal to five times the monthly maintenance charges, per month with retrospective effect for the period for which such violation is existed.”
Sir, there are High Court judgments upholding individuals’ right to peacefully carry on professions from their own premises. Many self-employed professionals peacefully working from home e.g. Insurance Agents, Lawyers, Architects & interior Designers, Chartered Accountants, Translators, Tuition Teachers, etc. will be badly hurt by implementation of Bye-law no. 170(a) by their societies.
Also, in almost all societies, builders have illegally sold stilt-parking spaces and other common amenities to individual flat-owners. Technically, such flat-owners are encroachers. If penalties at the rate of five times the monthly maintenance are imposed, a reign of terror will be let loose in many housing societies.
Please consider this example of how common people will be affected.
Example: SELF-EMPLOYED PROFESSIONALS & “TERRACE FLATS”
Arcadia Heights CHS Ltd. was occupied in April 2003. Mr John D’Costa and three others residing on the first floor of their building purchased “terrace-flats” from the builder, who charged each of them an extra amount of Rs 2 lakh to the small terraces on top of ground-floor shops (to which only they have access from inside the house). The terraces are clearly mentioned in their agreement. However, the managing committee has been recently disputing the right of these flat-owners to exclusively enjoy these terraces, and wants to seal them off.
Soon after the adoption of the New Model Bye-laws in April 2013, the society issued a general notice for “removal of all encroachments”.
The society also sent notices of “stopping all professional work from residential premises” to a chartered account, a lawyer and a freelance translator who work from home
All these seven members were sent bills for April 2013 calculated as per bye-law no. 170(a):
(i)Regular Monthly Maintenance bill = Rs 12,000
(ii)Penalty for encroachment = Rs 12,000 x 5 times = Rs 60,000
(iii)Penalty for encroachment for the last ten years (with retrospective effect) i.e. 120 months = Rs 72 lakhs
THEREFORE, TOTAL BILL FOR MARCH 2013 – Rs 72 lakhs.
Naturally, John D’Costa and his neighbours are shocked. They are unwilling to, and incapable of, paying this whopping amount. And so they decide go to High Court. However, until they can successfully get a stay, the society managing committee decides that it cannot reduce its demand and write off their dues.
Meanwhile, the society sends bill for April 2013, calculated as follows:
(a)Regular Monthly Maintenance Bill – Rs 12,000
(b)Monthly penalty amount – Rs 60,000
(c)Monthly simple interest @ 21% per annum (see bye-law no. 72) on Rs 72 lakhs – Rs 1.26 lakhs
THEREFORE, BILL FOR APRIL 2013 — RS 1.98 LAKHS
The monthly interest shown in item (c) will increase in geometric proportion for every month as long as the society members do not pay the penalty amount of Rs 72 lakhs. At 21% per annum, monthly interest continues to mount on Rs 72 lakhs plus Rs 60,000.
After the third month, the society plans to issues notices proclaiming John D’Costa and his neighbours as defaulters, and initiate recovery proceedings under Section 91 or 101 of the amended MCS Act.
Maharashtra Co-operative Society Act 1960 In Marathi Pdf Download
In other words, a normal housing society has turned into a legal battlefield, thanks to Bye-law no. 170(a).
Sir, does anybody believe that lakhs of affected citizens of Mumbai will quietly pay five times the monthly maintenance amount as penalty? And furthermore, with retrospective effect? People will naturally fight tooth and nail by every possible means — lawful and unlawful, to avoid paying such crushing penalties! Bye-law no 170 alone will result in tens of thousands of litigations!
THEREFORE, PLEASE MODIFY OR DELETE THIS INFLAMMATORY PROVISION. Societies that have already adopted them must be directed to immediately call another Special General Meeting and either delete 170(a), or suitably modify it.
Full text of this vexatious bye-law is quoted here for your reference and action:“All open /common spaces meant for use of all members for eg. staircase, steps, landing areas, parking areas, lift, corridor, and such other spaces, cannot be occupied by any member for his own use. The use of such areas shall be restricted to the cause for which these are meant. Any member found to be violating the above condition by encroachment shall have to vacate the encroachment and further he /she shall pay an amount equal to five times the monthly maintenance charges per month for the period for which he/she has encroached such spaces and further members must not carry out any constructions, structural changes over and above the sanctioned plan without prior permission of the society and concern municipal authorities. Also members must not use the flat /unit for which it was meant /sanctioned. Any member violating the above directives shall pay an amount equal to five times the monthly maintenance charges, per month with retrospective effect for the period for which such violation is existed.”
Yours sincerely,
Ramesh Prabhu
Chairman
Maharashtra Societies Welfare Association
Copy endorsed to
1)Shri Prithviraj Chavan, Chief Minister of Mumbai
2)Shri Madhukar Chaudhari, Commissioner of Co-operation and Registrar of Co-operative Societies, Pune
Following are some of the important changes done in the MCS Act, 1960 and also in the Model Bye-laws of Cooperative Housing societies. Condition for membership – Applicant to take 10 shares of Rs.50 each as against 5 shares. Bye law No.22 on rights of membership talks about the right to receive the notice of demand from society if there is increase in minimum contribution of member in share capital. Definition of Associate member – Ownership in the property individually or jointly with others is must and whose name does not stand first in the share certificate. Education and training of Co-operative members, committee members, officers and employees – Education and Training fund of Rs.10 per member per month to be collected as against Rs.3 per member per annum. Regarding use of Sinking Fund – Sinking fund can be utilised by the society and no permission of the Registrar is needed.
General body permission however, is must. Transfer of Property: NOC of society for transfer of flat or property is not required.However, Rule 24 and Bye law No.38 on transfer of shares and interest wants the transferring member to give 15 days notice to the society of his intention to do so alongwith the consent of the transferee member. Management Committee Elections: Elections of management committee must be notified six months in advance and to be held under the supervision of the newly constituted State Co-operative Election Authority (SCEA). Sec.73CB: Casual vacancy in management committee to be informed to Election Authority and co-option is not allowed. Sec.77-A & 78: Strength of Management committee and Reservation of seats for Women and for members of SC,ST & OBC category with Expert and Functional Directors appointment possible subject to conditions.
Sec.73AAA & bye law No.113: Last date for conducting AGM is 30th Sept as against 14th August. Appointment of Auditors, their Remuneration, Rights and Responsibilities, removal etc. Auditor should be a panel auditor and maximum appointment for consecutive three years and maximum 20 audits excluding for societies with paid capital of less than Rs.1 lac.
Additional responsibility to file FIR if misappropriation, etc is provided. Special & Specific Reports to be filed with Registrar Sec.81/R- 69/Bye law 150-152: Cash expenses limit Rs.1500/- as against Rs.4500/-in Bye laws. Bye law No.144 /R-107D: Cash in Hand at the close of the day limit increased from Rs.300 to Rs.5000/- Bye law 143/R-107C: For encroachment of common areas by members to be charged at 5 times the monthly maintenance charges for the period of such encroachment. Bye law No.168: Applicability and adoption of Accounting standards prescribed by state government and by ICAI-Sec.81 & notification dtd.
Society Bye Laws In Marathi Pdf. New Bye- Laws for Co- operative Housing Society in Maharashtra Some Key Point with Bye- Laws No. Bye- Laws for Co- operative.
29th Oct.2014. Filing of Annual Mandatory Returns with the Registrar. Sec.79(1A) & 79(1B): Penalties prescribed for various offenses and consolidated penalty for all defaults to be Rs.5000/- maximum in any financial year.
Bye law No.164(a): Concept of Emergency Planning Scheme and Fire Safety Audit introduced. Bye law No.75: The Maharashtra Fire Prevention and Life Safety Measures Rules, 2009, made it mandatory for building owners and residents to conduct half – yearly fire safety audits and submit the report to the fire department. As per the directive of Directorate of Maharashtra Fire Services, the safety audit has to be conducted by the ‘Licensed Agency” approved by them. Other Important bye law provisions auditor should know: • Structural Audit has to be done once in 5 yrs for building ageing 15-30 years and once in 3 years if building ageing more than 30 year by BMC approved structural engineers.
• One time limit for repairs and maintenance expenses management committee can decide is Rs.1 lac Max. Else General Body permission must. • Cheques should be signed by Secretary And Chairman/Treasurer and same with the vouchers. • Mandatory filing of Annual returns and auditors appointment should be insisted for. • Security bond for holding cash from the employee and officer -500 and 1000 if paid up capital is less than 1.50 lacs and Rs.1000 & 2000 if it is more than 1.50 lacs • The word “Administrator” has been removed and now the term is “Authorized Officer” • Audit rectification memo needs to be submitted to Registrar in O form within 3 months from the date of the audit report and even auditor has to give remarks on that. • Dismissal of committee if the election due date is not intimated or mandatory returns are not filed & non submission of audit rectification report etc.
• Copy of Bye laws, list of members to be kept open for inspection to public free of charge.
Order - Non-Occupancy charges. Dated 1st August, 2001 In respect of charging non occupancyCharges from the member of co-operative housingsocieties. Government of Maharashtra Co-operation and Textiles Department Govt.Order No.SAGRUYO-1094/15165/ case No. 317/14-C /Mantralaya Extension, Mumbai- 32 dated 1 st August 2001. Reg – Government Order No. SAGRUYO-LOAN/15165/case No.
317/14-C/Mantralaya Extension, Mumbai- 32. 9 th March, 1995. Preface: • The government had determined under its above mentioned order dated 9th March 1995 that the assessment of non-occupancy charges shall not be more than one time of the service charges.
Some Co-operative Societies had filed Writ Petitions in the High Court, Bombay, and had challenged the assessment of non-occupancy charges on different grounds. At the time of hearing of Writ Petition No. 1398/96, the Hon’ble High Court had suggested that directions in connection with assessment of non-occupancy charges should be based on the scientific footing, for example, the Hon’ble High Court had even suggested that proper directions may be given by taking into consideration the taxable value or rent of the tenements and classifications in that regard of experts and valuers in this field. • As per the above suggestions expressed by the Hon’ble High Court advice had been asked for from experts by guidance was invited by Urban Development Department. The Urban Development Department has suggested while charging non-occupancy charges it would not be proper to put criterion on taxable value or rent, because as per the decision passed by the Hon’ble Supreme Court in the case of (Delhi Municipal Corporation versus Diwan Daulatrao Kapoor, S.C. A.I.R 1980), once the Municipal Corporation fixes the taxable value, the same cannot be increased. On account thereof as great difference takes place in the taxable value of old buildings and new buildings, there will be great discontent among the members of the old and new Co-operative Housing Societies.
If non occupancy charges are charged on the basis of taxable valuation then there will be discontent among the members of old and new co-operative housing societies. Similarly the rent is an income which the member gets on his investment and he even pays income tax thereon and on account thereof it will not be proper to fix assessment of non-occupancy charges on the basis of both criterions viz. Taxable value or rent. • The Commissioner, Co-operation and Registrar, Co-operative Societies, Maharashtra State, Pune has appointed a committee of experts in Housing and Co-operation fields for making recommendations in connection with assessment of non-occupancy charges by making study in respect thereof, as per the opinion expressed by the Hon’ble High Court in Petition No. The said committee had recommended as follows: • The non-occupancy charges should not be levied on the Gala which is given by the member to his close relatives for residence. • An amount equal to the total amount which is recovered per month from the member per month or 10% amount of rent which is received by the member, whichever is more should be charged as a non-occupancy charges.
• The assessment of non-occupancy charges should not be linked with taxable value. Buku Gitar Melodi Pdf To Excel. • The government by studying the recommendations of the expert committee sent opinion of the Urban Development Department, and accordingly by considering the difference in taxable value for charging non-occupancy charges, it would be clear and proper that the criterion of taxable value would not be proper.
That the criterion of taxable value would not be proper similarly, the rent received to the member is not equal in all cases. Moreover there may be different rate of the galas in the same building and of same size. Moreover assessment of rent is not made on any scientific basis. Therefore it would not be proper to determine non-occupancy charges on the rent received to the member. Therefore, in view to create feeling of equality among the members, it is necessary to charge non occupancy charges on same method and on same criteria for all types of co-operative Housing Societies in the state.
Maharashtra Co-operative Society Act 1960 In Marathi Pdf Free
By considering this matter, the government is pleased to give following order in this respect. ORDER As per the powers conferred upon government under section 79 A of the Maharashtra Co-operative Societies Act 1960, the government is pleased to give following order in the interest of public. • Government Order. No SAGRUYO-1094/15165/PRA.KRA.317/14-C Mantralaya Extension, Mumbai-32, dt 9th March, 1995 is cancelled from the date of issue of this order. • Non-Occupancy charges shall not exceed 10% of service charges. (excluding Municipal Corporation/ Municipal Taxes).
• In case members have given their tenements/flats to their close relatives viz. Mother, father, sister, brother, son, daughter, son-in-law, daughter-in-law, brother-inlaw, sister-in-law, sadu (husband of wife’s sister), granddaughter, grandson etc. And to other relatives recognized by the society, in such cases, non-occupancy charges shall not be recovered.
• The said order shall be applicable to residential and commercial tenements/flats in all the Co-operative Housing Societies in the state. • All the housing Societies in the state shall take action to make proper amendment as above their bye-laws/ sub-rules.
However, even if no amendment as above has been made, non occupancy charges should not be charged more than maximum limit mentioned in this order from the date of this order. • The said order shall come into effect from the date of its issue. By order and in the name of the Governor of Maharashtra. Sd/- (Mukund T.
Kamble) Under Secretary, Government of Maharashtra, Co-operation and Textile Department.
Maharashtra Co-operative Society Act 1960 In Marathi Pdf Format
SOCITIES SOC-FORM A APPLICATION FOR REGISTRATION OF SOCIETY 3 SOC.-INFORMATION OF PROPOSED SOC. 1 SOC-CONSENT LETTER BY A PROMOTER MEMBER (MARATHI & ENGLISH) 1 SOC-INFORMATION ABOUT PROMOTER MEMBERS OF THE PROPOSED SOCIETY 1 SOC-1ST MEETING WORKING REPORT (MARATHI) 4 SOC-AMENDMENT TO BYE-LAWS (MARATHI) Encl.-3 1 SOC.-RESOLUTION ENCLOSURE IV 1 SOC.-RESOLUTION ENCLOSURE V 1 SOC.-NAME APPROVAL FOR OPENING AN ACCOUNT IN BANK 1 SOC-SHARE CERTIFICATE BOOK 1 SOC-PROMISSORY NOTE 1 SOC-FORM 'O' RECTIFICATION REPORT UNDER SECTION 82/87 3 SOC-RECEIPT 1 SOC-MEMORANDUM FOR PROVISIONAL REPORT BY AN AUDITOR (MARATHI) 2 SOC.-ANN.I APPOINT. OF AUDITOR 1 SOC.-ANN.II ACCEPT. BY AUDITOR 1 SOC.-LIST OF MEMBERS 1 SOCIETY FORM N BALANCE SHEET AND PROFIT AND LOSS 3 SOC-APPLICATION FOR MEMBERSHIP [ENGLISH AND MARATHI] 2 SOC.-NOMINATION BY MEMBER 2 SOC-COVERING NOT BY TRANSFEROR AND TRANSFEREE 1 SOC-FORM 3A FOR OF UNDERTAKING TO BE FURNISHED BY THE PROSPECTIVE MEMBER TO USE THE FLAT FOR THE PURPOSES FOR WHICH IT IS PURCHASED. [FOR FLAT OWNERS SOCIETY ONLY ] 1 SOC-FORM 5 UNDERTAKING TO BE FURNISHED BY THE PROSPECTIVE MEMBER OR ANY OF HIS/HER FAMILY MEMBERS OWNING THE *PLOT/FLAT/HOUSE, TO DISPOSE OFF THE SAME. 1 SOC-FORM 20A FORM OF NOTICE OF INTENTION OF A MEMBER TO TRANSFER HIS/HER SHARES ANDINTEREST IN THE CAPITAL/PROPERTY OF THE SOCIETY.