SOCIETY REGISTRATION
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withdrawn from the Bank till the society is registered or its registration is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.
