LAWYERS FOR FORMATION OF A NEW HOUSING SOCIETY
First general body meeting (before registration)
In this
meeting under Society’s Model Bye-law 3(iii), the Chief Promoter (could be the builder)
is primarily selected by the promoters, who are members co-signing the
registration application before the Registering Authority, under Bye-law
3(xii).
In this meeting, necessary resolutions are passed like
opening the account in a bank in the name of proposed society and for obtaining
permission for reserving the name of the society. It is compulsory for SRA/
MHADA recognized societies, for the first meeting to be video-recorded.
Application for registration
Normally, the
name reservation proposal should be accompanied with the society resolutions
and signatures of at least 10 Promoters who have attended the meeting. On
allotment of name and permission to open a bank account by the Registrar, the
Chief Promoter has to collect Share Capital, Entrance Fees from promoters and
deposit the same in the branch of the bank permitted by the Registrar. It
should be noted that the amount cannot be withdrawn from the Bank till the
society is registered or its registration is refused, except with prior written
permission of the Registrar. The Chief Promoter should submit registration
proposal to the registering authority within a period of 3 months from the date
of issue of Letter of Reservation in the name of the proposed society.
If builder/
promoter is not co-operating in registering the Co-operative Housing Society,
then in that case, the application for registration of society be submitted in
Form 6 (Rule 12) before the District Deputy Registrar, who has been given power
under Section 10(1) of the Maharashtra Ownership Flats Act 1963. While
submitting the said proposal, a Notarized Indemnity Bond of the members who
applied for the registration of society on the stamp paper of Rs. 200 is
required.
Documents required for Registration
- 7/12
extract of the land or property card.
- Certificate
concerning non-agricultural land from the competent authority
- The
order of applicable or non-applicable of land ceiling Act
- Construction
layout duly approved by the competent authority
- Letter
of sanction for starting construction
- Certificate
regarding completion of construction work
- Development
Agreement if the land is taken for development
- Letter
of Power of Attorney of the land
- Title
search report of the land
- The
registered agreement of purchases of the flat with necessary stamp duty
paid
- Architect
Certificate regarding construction
- List
of Members
- Scheme
of the Society
- Application
for reserving name
- At
least ten members are necessary for registration of society. On the other
hand, the government has given permission subject to some conditions for
the Housing society of fewer than 10 members by exercising
powers. For registration proposal, the signature of sixty percent
promoters, who participated in the registration proposal is necessary.
- If
the land is given by the government or undertaking agency of the
government then its guarantee letter.
- No
objection certificates from the Charitable Commissioner if the land is of
Trust.
- Certificate
of the competent authority regarding non-agricultural plot
- While
registering SRA/SRD and MHADA recognized Co-operative Housing Societies,
it is obligatory to fulfill the necessary papers as per instructions are
given by the authorities by their circulars in addition to above
criterion.
- Application
for Registering Society (A form)
- Table
giving information of society (B Form)
- Table
giving details of the members (C Form)
- Statement
of Accounts of the Members (D Form)
- Notarized
Guarantee letter by the Chief Promoter of the society on the stamp Paper
of Rs. 100/-
- Notarized
Guarantee letter by the Builder, Promoter on the Stamp Paper of Rs. 100/-
- Affidavit
of Members (Affidavit of Minimum 10 Promoters)
- Two
copies of bye-laws of the Society approved by the Commissioner,
Co-operation and Registrar, Co-operative Societies and Maharashtra State,
Pune
- Proof
of the bank balance of the promoter member (deposit of each share of Rs.
500 and admission fee of Rs. 100), after getting permission for
reservation in the District Central Co-operative Bank
- Challan
of Rs. 2500/- deposited in the Government Treasury Registration fee for
the Housing Society of the Backward class is Rs. 50/-
Approval by
Registrar
It is the duty
of the concerned Registrar to register the Co-operative Housing Society, by
scrutinizing the proposal submitted after fulfillment of above mentioned
documents, and shall make an arrangement of issuing certificate of registration
society under Section 9(1) of the Maharashtra Co-operative Society Act 1960,
and copy of the registered bye-law, memorandum regarding registration of
society to the chief promoter. The order regarding registration of society
should have been sent for publishing in government gazette to the Government
Printing Press for appropriate action. It is necessary to take decision on the
registration of the society within a period of two months from the date of the
proposal of the society submitted to the Registrar.
If proposal of
society registration is denied or no decision is taken within two months then
it is necessary to send that proposal to the Divisional Joint Registrar, Co-operative
Societies under Section 152 of the Maharashtra Co. operative societies Act, can
be approached.
First General
Body Meeting obligatory Agenda (after registration):
• To elect a Chairman for the
meeting
• To admit persons to membership who
have applied for membership of the society.
• To elect a provisional Managing
Committee
• To receive and approve the
statement of account as prepared by the Chief Promoter of the society up to 14 days prior to the first general body meeting
of the society.
• To authorize the committee to
secure conveyance of right title and interest in the property in the name of the society from the promoter builder
• To impose restrictions on raising
loan amount from outside
• To appoint internal auditor and to
fix his remuneration
• To authorize one of the members of
the provisional committee to call the first meeting
of the provisional committee
• To take decision about taking
membership of District Housing Federation and other institutions
• To give power to one member of
provisional management committee to call meeting of the managing committee
• To consider the matters raised by the member except
these matters which are necessary
for giving advance notice with the permission of chairman and eleventh hour matter and to make
resolution in that regard.
