LAWYERS FOR HOUSING SOCIETY FORMATION
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It should be noted that the amount cannot be withdrawn from the Bank till the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.
