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By Legal Bureau
Amendments to the Maharashtra co-operative society act, 1960. Maharashtra Act No. VII of 1997.

(First published after having received that assent of the Governor, in the “Maharashtra Government Gazette’ on the 2nd January 1997).

An Act further to amend the Maharashtra Co-operative Societies Act, 1960.
WHEREAS it is expedient further to amend the Maharashtra Co-operative Societies Act 1960, for the purpose hereinafter appearing; It is hereby enacted in the Forty-seventh Year of the Republic of India as follows :-

1. This Act may be called the Maharashtra Co-operative Societies (Amendment) Short title Act, 1996.

2. In section 9 of the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as “the principal Act”). in such-section (2), after the words “deemed to have been registered” the words” and thereafter the Registrar shall issue a certificate of registration under his seal and signature within a period of fifteen days “ shall be added.
Our Comments :-Section 9, had been amended to clarify the provision as regards Registration of Co-operative Society more explicit.

3. In section 22 of the principal Act, in sub-section (2), after the words “deemed to have been admitted as a member of the society”. the words “If any question arises whether a person has become a deemed member or otherwise, the same shall be decided by the Registrar after giving a reasonable opportunity of being heard to all the concerned parties.” shall be added.

4. In section 23 of the principal Act, in sub-section (IA), after the words ‘become a member of such society”, the words, “If any question arises whether a person has become a deemed member otherwise, the same shall be decided by the Registrar after giving a reasonable opportunity of being heard to all the concerned parties”, shall be added.
Our Comments : – Section 22(2) and 23 (1A) has been amended to clarify that as regards membership the power shall be exercised by the registrar.

5. In section 27 of the principal Act, for sub-section (9), the following sub-section shall be substituted, namely : –
“(9) No nominee of the Governmetn or any financing bank on the committee of any society shall be entitled to vote at any election of officers of such committee such as, the President, Vice President, Chairman, Vice Chairman, Secretary, Treasurer or any other officers by whatsoever designation called, who holds the office by virtue of his election to that office.
Our Comments : – Section 27 has been amended so that the powers as regards Governmetn nominees as regards election of office bearers have been 0curtailed.

6. In section 73-1 D of the principal Act. –
a) in such-section (I), –
i) for the words “two-third majority” the words simple majority” shall be substituted;
ii) for the words “for the time being entitled to sit and vote at any meeting of the committee ”the word as” entitled to vote at the election of such President, Vice President, Chairman , Vice Chairman, Secretary, Treasurer or any other officer” shall be substituted.
(b) in sub section (2) for the time being entitled to site and vote at any meeting of the committee” the words entitled to elect the President, Vice President, Chairman, Vice Chairman, Secretary, Treasurer or any other officer, as the case may be, of the committee” shall be substituted;
(c) in sub-section (7) for the words “six months” the word as “one year” shall be substituted.
Our comments :- section 73 (1D) have been amended so that no confidence motion can be passed with simple majority instead of 2/3 majority. Subsection 7 of this section has been amended so that the requisition for a Fresh Motion of no confidence can be brought only after a period of one year. Instead of the previous period of six months. The term of the administrator is now extended upto one year from the previous period of six months.

7. In section 73BB of the principal Act, in sub-section (I) –
(a) for the words “union then the selection shall be made by the union with the largest membership, and where there is no union at all, then by an election by such employees from amongst themselves in the prescribed manner” the words “recognised union or unions and where there is no union at all or where there is a dispute in relation to such issues including whether a union is recognised or not, then the seats so reserved shall be filled by an election by such employees from amongst themselves in the prescribed manner” shall be substituted.
(b) the following Explanation shall be added at the end, namely :-
“Explanation – For the purpose of this section the members of the committee shall mean and include the representatives of the employees”.

8. In section 73BB of the principal Act, –
(a) to sub-section (I), the following Explanation shall be added, at the end, namely :-
‘Explanation – For the purpose of determining the number of committee members under this sub-section, committee members who are elected, co-opted nominate, appointed or otherwise occupying the position on the committee under 73B, 73BB and under this sub-section shall not be included”,
(b) in sub-section (2), for the existing proviso, the following proviso shall be substituted, namely :-
‘Provided that, where the bye-law of a society already provide for reservation of seats for women on the committee thereof, the total number of seats to be reserved for women shall be equal to the number of seats specified in sub-section (I)”.

9. In section 73H (2), of the principal Act, in sub-section (2), for the words, “where there is a willful failure on the part of the committee to hold election to the committee before the expiration of its term, the committee before the expiration of its term, the committee before the expiration of its term, the committee” the words “ The committee” shall be substituted. Our Committee, to conduct the elections before the expiry of the tenure of the committee. The above said amendment appears to have been made to bring consistency with the provisions of subsection (2B) of subsection 73-G.

10. In section 77A of the principal Act, in sub-section (3), the following proviso shall be added, namely :-
“Provided hat, if a new committee is not, or cannot be constituted at the expiry or termination of the term of office of the committee or Administrator, for any reason beyond the control of the committee or Administrator, the term of office of the committee or Administrator, as the case may be, shall be deemed to be extended, until the new committee is duly constituted.”
Our Comments :- Section 77 (A) has been amended so that the tenure of office of the Managing Committee or Administrator would be deemed to have been extended if for any reason whatsoever a new committee cannot be constituted before the expiry of the term office.

11. In section 78 of the principal Act, in sub-section (3) the following proviso shall be added, namely:-
“Provided that, the member who has been so removed, shall not be eligible to be re-elected, re-appointed, re-nominated, or re-co-opted, as a member of any committee from the date on which he has been so removed or till such lesser period as may be laid down under the provisions of section 73FFF or 144E, as the case may be”.
Our Comments :- if a member of the committee has been removed under this section than he cannot be re-elected, reappointed, renominated or recopted as a member of the Managing Committee for one full term from the date he has been removed or for such period as laid down in provisions of sections 73FFF or 144E of the M.C.S. Act 1960.
Our comments : – Subsection of 104 has been substituted to specify in which cases the appeal should lie with the registrar and in which places the appeal should lie with the State Government.

12. In section 104 of the principal Act, for sub-section (I), the following sub-section shall be substituted, namely :-
“(1) The committee or any member of the society ordered to be wound up may prefer an appeal against the final order of winding-up within two months form the date of the issue of the order made under section 102.-
(a) if made by the Registrar, or the special or Additional or Joint Registrar on whom the powers of the Registrar are conferred, to the State Government ;
(b) If made by any person other than the Registrar, or the Special or Additional or Joint Registrar on whom the powers of the Registrar are conferred, to the Registrar.
Provided that, no appeal shall lie against order, issued under sub-clause (i), (ii) or (iii) of clause (c) of sub-section (I) of section 102”.

13. In section 112B of the principal Act, in sub section (I) in clause (b), in sub-clause (iv), for the words” such employees”, the following shall be substituted namely :-
“such employees. Where there is no recognised union or unions or where there is no union at all, the employees shall elect representatives from amongst themselves. The election shall be held by the Collector in the manner laid down in Chapter XI-A of this Act”.

14. In section 148 of the principal Act, for sub-section (3), the following sub-section shall be substituted, namely :-
(3) No prosecution under this Act shall be lodged, except with the previous sanction of the Registrar.

129 thoughts on “Amendments to the Maharashtra co-operative society act, 1960. Mahrashtra Act No. VII of 1997.”
  1. We are the 8 members who was alloted the flat in Society at Mahim by Court Recevier. And the Share Certificate is issued by the Administrator appointed by Asst. Registrar MAHADA. He had alloted 20 Shares to us. And as per otehr memebrs of the Society they had issued 40 Shares. We had make the application for additional shares. The Committee Members refusing the application and verbally answered that go to the Asst. Registrar MAHADA or tell Administrator to issue the letter to them to issue the Additional Certificate. In this matter what to do in this matter please suggest.

  2. SIR OUR SOCITY HAS CHARGED OFF AMOUNT ie Rs 40000/ without taking approval from the Registerar nor they placed in AGM MINUTES But the amount was mentioned in the balance sheet and CAs report is it correcton the part of CA and SECRETARY when i wrote a letter to the socifty regarding the same they told me in writing that the amount has already been passed ,even they refused to submit details .KINDLY ADVISE

  3. Hello..! Firstly I would like to thank you for putting up such wonderful information about society laws.My request to you is that Please also email me back the answer to the question I am asking below- What is the Maximum time limit given to a Registrar to give an order in Section 78 of the MCS Act ? Please reply at the earliest at Thank You..! – Amit Shah

  4. Hello..! Firstly I would like to thank you for putting up such wonderful information about society laws.My request to you is that Please also email me back the answer to the question I am asking below- 1> What is the Maximum time limit given to a Registrar to give an order in Section 78 of the MCS Act ? 2> If suppose only father and mother have taken a propety.Fathers name is first and mothers name is second in the registration document of a flat.In this case only the mother can mother can become an “Associate” member right (Because she holds shares jointly with her husband) ? Rest of the family falls in “Nominated” Members right ? 3> Can any other family members (Nominated members) apart from the mother become an “Associate” member WITHOUT holding any shares jointly /without making any new agreement done ? Please reply at the earliest at Thank You..! – Amit Shah

  5. Sir
    I have paid the registration fees and stamp duty and paid part amt now i have to take a loan from bank . The bank format i have submitted to the society. socity is arguing that as per the by laws the seller cant sell the flat because on october 2008 he has bought the flat and october 09 he has sold the flat to me. whereas on december 2008 his name has been put in the share certificate and from the date of 24/12/2008 till one year he cant transfer the flat. I wanteed to know whether there is any kind of rules/ by laws are there in society act. I have inquired from bankers they told me let him write that transfer cant be made till 24/12/2009 but atleast for NOC they should not object. Can you please guide how to make convince to society on theis issue. If society doent give NOC till december /24/2009 will i be in any problem or difficulty by any chance

  6. Helloo, I M Secretary of a Society, A Shop Owner in our Society is not giving any Maintanance From Past 3 Years Kindly Suggest What Action can we take against him to recover the dues, Thanx

  7. helii sir, i am doing job in karanja nagri shakari pat sanstha karanja lad , dist washim
    in maharashtra cherman husband interfare in offical work pat sanstha not paying payments all staff properly only 4 staff in permently and other 10 satff tempaerly plz action this ……..

  8. I have a flat in pimple gurav, Pune. The society is not yet formed. some of the owners residing there are in the process of getting the society formed and put the rules and regulations in place. One of the proposed rule is that in case if a person has let out his property then in that case the maintenance charges would be additional 100% of the existing maintenance charges per month. Does this proposal has any validity under the Maharashta State Coop Soc. Act? thanks

  9. kindly tell me the list of vital document of Co-operative societies should get from the builder, soon after the society is formed. These should be handed over to the managing committee members by the builder.

  10. i m resident of empire estate, it is a huge society situated on mumbai pune highway, in chinchwad, pune. there are nearly 800 flats, in total 15 buildings. each building is named as a,b,c d,e,f,g,h,i,j,k,l,m,q.
    each building is having seperate society. my question is if somebody sells flat and has to obtain NOC from the society and wants to transfer share certificates in name of purchaser, how much a society can charge as noc.please reply

    1. Dear Harish, there is no charges society can charge. Only transfer fee accordingly will be charges with maximum limit of Rs.25,000 in A class municipal corporation.

  11. Sir after registering the society under Maharashtra Co-op Sicieties Act. I the members of the society had made there bye-laws by majority should they be registered.Kindly help out.

  12. Hello, Firstly thankyou for providing such useful information regarding society laws.
    My question is what are the procedures for society formation & registration.
    Secondly what is the eligibility for member who like to be on various posts like chairman, sectretary or treasurer of the society.
    Kindly reply as early as possible.

  13. Sir,
    I am resident of one of the co-op. hsg. societies of Nagpur. our layout consists of around 250 houses. There is a case going in the court of law on one of the member of the society regarding illegal occupation and construction on the society land. my question is whether that member is eligible for election and appointment to the post of managing committee member (Secretary, President etc). Kindly give guidance in this matter and also provide the elaborated rules in this regard. thanks.

  14. can society charges two types of rates as society charges?(i) one rate for owner himself residing in the flat(ii) Increased rate of society charges for tenants

  15. My mother has a flat in a co-op in mumbai that she plans to sell. She has written to the society 3 times for an NOC for the buyer but they are delaying the process and not giving one unless she agrees to pay them 2% in cash, for the transfer. The 2% is much above the 25000 limit set by the government but they are harassing her none the less. The property is on collector’s land and she does not know what to do, is going to court for a long drawn battle the only solution. Please reply ..we are very worried.

  16. Sir, I reside at co-op hsg society ,We had bought this flat in 1989 and the share certificate was with society and we obtained it some time later and its in the name of seller and want to be transferred in our name,So what would be the formalities and is their any charges to be paid to the committee.I request you to provide the valuable information on the same.

  17. Regarding the complaint posted by Ms. Pinky on 06.12.09 regarding transfer NOC, let her note that for selling a flat the society’s NOC is not at all required. The 2% cash payment asked by society office bearers is obviously going into their pockets and must not be paid. If you have paid the society’s legal dues, i.e. maintenance charges upto date and transfer premium of Rs.25,000, go ahead and sell the flat. There is no need to go to the society.

  18. Can you tell me within how many days of formation of the society, society should issue share certificates?. I bought my office property one year back. The society was formed 6 months prior to that. But society has not issued share certificates to any members so far. What action can be taken against office bearers?

  19. Addition to advice about NOC by D. P. Karavade
    Posted on December 31, 2009 at 11:04 pm

    Answer depends on whether the concerned Society has registered Bye-Laws as per Model Bye-Laws1984 or Model Bye-laws 2001.The answer by D P K is correct in case of bye-Laws 2001.

  20. Respected Sir/Madam,
    Summary: We have sold our flat and have paid all our outstanding dues as per the society. My society is a co-operative society. After paying the amount I found that we have paid excess amount to the society. My question: Can we send a DEBIT NOTE to the society? Is the debit note valid in the court of law? If not, please provide me better suggestion. Waiting for your reply.

    1. Debit notes are given when you transact in succession. Since there is nothing remianing now, you must ask for refund instead.

  21. I industrial society issue share certificate in husband and wife names. then who is the member of the society

  22. I have Query? I am s member of the co operative society where I am residing with my family ie my wife,son & daughter for the past more than twenty years.My daughter wants to apply for a Passport for which we have requested the Society Office Bearers to issue a Bonafide Letter to my daughter that she resides with me?.The new Managing committe has refused to issue a letter in her name stating she is not a member and letter can be issued only to the member? On my request to issue a letter in my name with my daughter’s name included as staying with me the reply was they cannot legally issue such a letter? Are they legally correct can such a stand be taken putting the members and their families into inconvinience on a trifle matter like this? please let me know ASAP?

  23. We own two flat in chembur mumbai. We have two yellow number plate vehicle Indica car. Can society object parking of this car just being yellow plate i.e tourist cab, since we are having registered business with many company and these two are standby support vehicle to our livelihood earning. Please indicate the charges which society can charge in relation to parking charges of rs100/- for normal cars


  24. We are treasurer of the society. A shopkeepers has got his shop through gift dead by his father about week of death of his father. The document is registered . Now he wants to be a member of the society but deny to pay the transfer fee of Rs40000/- for shops. value of property is more than 1 cr.he has not paid maintenance charges since inception of the society. He has 4 brothers and 3 sisters and live aged mother. NO NOC from any one. Can we collect transfer of rs40000/- and enter his name as a owner of the shop. He has leased out the property but not given lease agreement, what action can be taken. pl guide us
    Jyoti agrawa

  25. Dear Admin,
    I have purchased flat when the society is under formation process, I required a NOC for the bank loan. On approaching to the society, they said they cannot issue the NOC letter as its under formation. Me and my vendor had to approach the builder for NOC, off late builder charged the amount in cash. Now the society is about to finish the formation process, they are demanding the transfer charges. Upon calling the builder the Builder says he has not released the list of members and he will include my name in the list of members so I do not have to pay the transfer fees again to the society…
    I have 2 simple questions 1. Can society under formation issue a NOC ? 2. Once builder has issued a NOC and charged the transfer fee, can the society again charge the transfer fee ?

  26. I stay in a co-operative hsg society, my flat is in ground floor, my wife takes tution in the flat, it does not have any benchs for student to sit, nor black board. its just a group tution. I like to know is it permissible to carry on the tution in the flat. Can the society object to it. Please reply.
    Thank you

  27. I am a member in a housing society for over 6 years. I have notieced that when 1st AGm was hel that society had funds close to 10 lakhs. subsequently, in 2005 there was a problem with the passage in the society which collapsed i n the monsoon. subsequently the BMC issued the notice to all the members individuallly to vacate. Then society had convened emergency meeting and ti was decided that all the members to vacate and futher course of action to be decided in due course. subsequently i vacated and rented out the flat temporarily in the neighbourhood. Later number of meeting held and no decision could be taken unanimously whether to Build a new building or to reparis existing. I waited for about 18 month and ofter seeing nothing happening majority members are staying back without vacating, i shifted back. Surprisingly not a single meeting held for 3/4 years and no account submitted. In spite of number of request to secretary to hold meeting nothing happened. Now building condition is detereorating every day and nothing is happening in the society. Besides, person holding position as secretary is not a member himself but his mother is. I believe he is secretary for about 10 years. I do not know what to do. There are 12 members with 3 storey building which is about 40/50 years old. Can anyone suggest a solution

  28. hello, sir I have a society at my home as-bahudesha sanstha , and my father was the former of the sanstha but two yrs before he is no more in the world. and i have no idea of the society and i require your suggestion as i h read your suggestions u gave and it is best so i request u to pls help me too , 1. as there are 07 membersin thesocities but all were inactive instead my father and i don’t know much about the sanstha
    2. i hv to register this to registar or not? 3. every year i hv to submit the activity of the society to the registor or not ? 4. what i hv to do to change the members of the society ? kindly reply pls

  29. can someone tell me as per the Co-op Housing Society Act, if the member has not received his maintenance bill for a particular quarter, is he still liable to pay it? and should interest charges be levied on such default to the member?

    1. It is the duty of member to pay the charges. In the absence of bill, last bill amount must be deposited in societies bank directly. Interest and penalities can be levied for non payment.

  30. Dear admn. We need yr guidance on few points–our co op society have 1rk, 1bhk,2bhk,3bhk flats. can share certificate can be issued for equal numbers .or no of shares has some formula related to property size.
    2. 12 member residing in a seperate wing called tenant building intends to be not part of the society already registered. only three members had paid maintenace for four months and now they have stopped paying. can they form a seperate society. can they be asked to submit resignation ia std format availble under rule 27 of byelaws. pl email me.

  31. my is very old it is almost 25 yrs we are living in the soc. ours is a ground flr flat. in 1991 our soc got permission to extend one more room so the people who r having 1 rk after extending they got 1 bhk and others who already have 1bhk flat they got one more room. but the problem is those who r having ground flr flat they got less extended area than others who are living on first flr or second or thrd. now if we want same area like first flr flat what should we do? though we got extra area for our flat it is very less. so i want to know what should we do

  32. dear sir i have given an appt on rent to a mnc & they r u sing it for providing accomodation to their officers in transit . The soc has charged me 15,000 per month as guest house charges fees . Isnt this illegal & what action can i take against them

  33. I am buying an existing flat. Post teh deal the society committee has resigned following a complain to the registrar by an unco-operative occupant and an administrator is appointed. Will this impact my transfer procedures, obtaining an NOC from the society etc? I plan to take a Bank loan, would the bank lend against a property currently managed by a govt administrator?

  34. Dear Sir, We have some families who have recently purchased flats in our society. And have already been granted membership. The flat is under joint ownership of husband and wife, husband being the first name. Our society is about to rejig the commitee. My questions are 1. What are the rights of the new members so formed (they are residing from past 6 months)2. Can they be elected as commitee members or do they have to complete few years of residance?3. Can the wife hold office on behalf of the husband since she is the second in line for the house?

  35. i have a place at thane it is a industrial chs ,can the society charge interest on incorrect & fraud biills to it member & is there any judgemental passed by court that the society cannot charge interest for issuing incorrect & fraud bills,how can a member be protected by limitation act 1963 section 92 (1) (a) if the dues are pending & member is decessed & till what period will be procted

    thank u satish thaapar

  36. Please give me what are proceduer Act 1960 section 80 (Police procedure) If Old body of the society is not hading over Society Records to the Adminisrator Body appointed by Sub Registrar. Also there
    is Order passed by Sub Registar & Tahasildar that All record to be handed over to New Body/Administrator under section 80. But inspite of PSI visit also No record is bing handed over to Administrator Body. Pls. suggest what is to be done further is there any arrest procedure ?

  37. one of our know person had got the house property from his ( Cousin ) uncle . the property was transfered on the bases of Nomination form . the Uncle was death .

    1) Does there is any registration required . (2 ). Do the known Person has to pay any transfer amount to the society , as a transfer fee, if yes what it should be ?
    (3) , does the known person and the cousin uncle (I.e. Daddy’s Brother ) is known as a blood relation .

    (4) Now the same property has been sold to a customer , but there is no registration from the X Person to Cousin Uncle nd no registration between Uncle to Known Person .

    Please reply would there would be any problem to the new customer who is purchasing the flat .

  38. This is about nuisance of playing of cricket and football in the society complex between building no.5 and 6 by some of the boys of the society along with some outsiders and thereby creating noises and mayhem in the society for all the residence of the building residing in these buildings and also for the resident of row houses across these two buildings.
    But despite our repeated plea by many affected members/licensee no action is initiated by the society to put an end to this nuisance and rein in these boys. These hoodlums are not only creating nuisance they are damaging vehicles park in the society complex. They are posing threat to building structure by their use of heavy football which they are dashing against our building with great force, as one such strike has uprooted the plaster of outer section of building no.6.Moreover they are also indulging even in eve teasing thereby making it difficult for us to pass the passage to our building. Even boys from outside the society are joining this group in playing cricket and football. They trespassed into our flat by climbing up through our balconies to retrieve their balls; they remove air from tiers of the car parked which obstruct their game of cricket. In the background this prevailing lawless in the society the incident of chain snatching on September 15, 2009 was waiting to happen.

    We have drafted a complaint under S.38 of Bombay Police Act and as per S. XVlll (E) of Model Bye-Laws governing Co-operative Housing Society to Nerul Police Station duly signed by twenty members but held back the same to enable you to resolve the issue amicably. Therefore we request you to kindly take serious note of this public nuisance in the society as we have right for peaceful living in the society and this cannot be infringed by anyone. Please issue directive to the Society to take immediate steps y to end this menace in the society complex.



    Krishna Kamal CHS,Sector 21,Nerul East,

    Navi Mumbai 400706

  39. I have purchased the resale flat at chinchwad pune. While purchasing pre owner has paid 1% transfer fee to society. After 4 months the dues of pre onwer for water bill & land tax has come. thne I want to know whether the society can take the money for paying the dues from transfer fee.If not what is purpose of transfer fee.

  40. I am having 50 % share in a flat in Kalyan. My wife is having the other 50 % share in the Flat.
    Although i paid the full amount for the flat. i made my wife the joint owner. Now if I want to transfer my 50 % share of the flat to my father as he had paid me 50 % for this Flat, please give me the procedure for this.

  41. sir ji
    registered order to old c.m to give accounts to administator but turn down what action can be taken d.m.mehta

  42. If owner had sold his flat but still the society did not transferred the ownership to new member, then can the old member will be a member of the society? Also can he avail the membership facilities?

  43. how can i know were our society is registered or not, we have not received any type of share certificates. society charges has been given from us.

  44. ek patsanstha ki commitee 15 din me bond nahi dene ki vajah se dismiss hui he…to vo commitee member vapis election nahi lade isliye kya karana chahiye?

  45. I stay in Vakola, Santacruz (E) in Shree Vrundhavan Co-op Hsg Society where majority of the Members dont pay their monthly Maintenance regularly. Almost 95% of the Members are defaulters including the Chairman and other Committee Members, some have not paid any amount for the last 5 years. The Managing Committee is non existing with infights and favoritism. All in all the Society is in a mess and no one knows anything about the financial status and payments of Society bills and taxes. The Chairman, Secretary and other Committee Members do not meet to take decisions and its just a matter of time when the whole system is going to fail. I do not know whom to approach to set it right. There should be some Government Body which looks after such cases. I need to know where i can complain so that necessary actions can be taken.

  46. In Mah. Co-operative act Intrest on Reserve fund show in Profit & loss income side or increase the reserve fund in Balance sheet liability side?

  47. Some of our society memners including me want to construct mandir in our society ground premised, what legal problem we may face?

  48. what are limitations ,rules if a co-operative society is willing to sell a property to a buyer for agricultural development, and that property is alloted by bombay goverment in 1965.who is the supreme authority to give legal advise and provide permission to transfer that property for well fare of the society for further development of the society. what are the rules. kindly reply

  49. sir i had a flat in andheri the documents which were lost in transit after gviving police complaint and informing the society who has given advt in two papers of their choice and even then not having received any complaints they took 2 lakhs from thre buyer of the society and indemnity signed from me they have not given any receipt for the 2 lakhs and after receiving my due consideration from the buyer they issued share certificate first in my name and then new buyer now they want to sell the property which the society is not prepared to give noc saying they cant sell for 3years and the 2 lakhs will be held by society for 3years what does the law say on this regards

  50. Reg. Mr. Jayan’s complaint, the society has no authority to ask for 2 lakh rupees and refuse transfer. In the first place, if you have lost title documents, you have to apply to the registrar for duplicate documents which are issued on payment of a fee. The society can only issue duplicate share certificate after issuing a notice in two leading newspapers. The charge for duplicate share certificate is only Rs.50/-. What is this 2 lac? what for and why no receipt? Hopefully you have paid by cheque. The duplicate will of course be issued in the name of the existing member and not the new member. If the new member has to sell his flat, he has to wait for 1 year. Thereafter, he can clear the society’s dues, pay transfer premium (not more than Rs.25000 and apply for NOC. But remember, society’s NOC is not necessary for registration of agreement. The new purchaser has to submit his papers and apply for membership. If there is no reply within 3 months or rejection with valid reason, he is deemed to have become a member What your society is doing is wholly illegal. Pull it to the court – karavade.dp@gmail,com

  51. abhijit patwa
    Posted on July 21, 2010 at 4:20 pm
    ek patsanstha ki commitee 15 din me bond nahi dene ki vajah se dismiss hui he…to vo commitee member vapis election nahi lade isliye kya karana chahiye? you can lodge a complaints to soc. regisatr along with max. signature of your soc. member
    & keep 1 carbon copy as a acknowledgement from registar with you & mark 1 copy to sec. & chairman (for information only). & then wait & watch

  52. i am salaryed person of a trust foundation. There is patsanstha who give loan to employee. i am guaranter of one person who resigned trust foundation and joined another.He does not repayment the loan to patsantha. Patsansthe said that all loan recover from guaranter from there salary .what is action of patsanstha pl give rule section if possible in marathi

  53. We have purchase a flat in Kalyan at under construction stage.Now the possession had given to us but O.C has not given by the builder and hence society is not formed. We want to sale the property .Is the Builder’s NOC is required to sale the property?or what paper’s from builder is required.or any charges has required to pay the builder for certificate or else.

  54. our is a MHADA colony. our building is going for redevelopemt. now developer asking consent letter in his favour as developer addresing MHADA before entering into DA agrrement. at what extent it is fair. please guide us.

  55. Quo: Builders want to make an agreement with the society???

    There is a property which is to be sold, whole of a co-operative society which includes many galas & open space within it. Each & every thing for sale-purchase deed was ready but at the last moment a problem has arised. Now the problem is that the builders are interested in purchasing the whole society, i.e. they are interested in making an agreement with the society & not with the separate gala owners but at the same time the gala owners are ready to sell their property only if the builder makes an separate agreement with them. According to the gala owners the builders are automatically going to receive the open land even if they purchase their galas, but builders are not supporting this idea for separate agreement, they are insisting on only agreement with the society. Please give us such an advice so that we can close the matter with the benefits of both the gala owner & the builders.

    Waiting for your precious reply.

    Thanking you…

    Kamlesh Panchal.

  56. Can a penalty be imposed on a member for not attending General Meetings or Annual General meetting of the Society.

  57. Dear,My society has been registered last week and I have not submitted any residence proof during registeration process,can I contest for the post of chairman/secretary/treasurer or not ? I have voting rights or not?

  58. i have obtained a order against coop bank at stara. to release my property from the mortage encumbarances of the bank and special recovery officer. against the order they have preferred a appeal against the order at appleant high court at poona. can i known a special recovery officer can appleal a order. please reply me immmdiatrly.

    atul shah. satara.

  59. I am Jt Secretaory of 1st Mangaing committee of CHS , now i want to resign can i resign and to whom i should send my resignation letter to chairman and or secretaory

  60. M/s
    I Daniel Murzello residing at room no 3, Prarthana, CHS , plot no 185, sector 18/a, Nerul, Navi Mumbai. 400706.. Would like to ask, WHAT DOES A PERSON DO IF THEY ARE HARASSED BY THE OFFICE BEARERS OF THE HOUSING SOCIETY ???….
    Since for the past 8 years they have not given us Membership…REASON BEST KNOWN TO THEM, WHY ?..
    All though all are documents are clear and no dues pending on our behalf to the society…
    They keep demanding Money from us,For no reason…
    They do not keep records and documents of the amount/Money, they Keep demanding from us, For no reason …
    They have been charging extra Money from us every month, For no reason …
    They have never issued bills, so we would not know how much to pay and for what month…
    They issue us receipts as On A/c For no reason. On the first owners name, which we have been paying as services charges . Till date …
    They always threaten to Seize our room and cut our Water supply if we do not agree to their demands …
    They do not accept or reply to any of our letters and request we send them …
    They have stopped giving us the Yearly Statement of Accounts\Balance sheet. Since 2008.For no reason…
    Though they have not made us Members, However they send notices Demanding Money, Directly on our Name.For no reason…
    When we asked Mr S M Shrivastav [ Secretary ] To explain the amount or why was the notice sent directly on our name. He denies being the secretary and cannot explain the amount ,and does not know why the notice demanding money was sent on our name and told us to talk to Mr Dhomaji Kolte, since he is the Chairman of the society since 1996, from the time the society was registered, Till date…
    We have complained about this issue even at the Sub/Joint Registrar Housing societies CBD… Navi Mumbai…The officer Mr Bhosle over there told us our papers are clear and if the society does not make you a member ,they have the power to do so.. However its been four years and no action has been taken. Till date. Our latest request for Membership in the society was once again given to the Sub/Joint Registrar of Co Operative Housing Societies CBD.on the 20th of April 2011..
    The Chairman Mr Dhomaji Kolte told us to go to court regarding this issue… REASON BEST KNOWN TO HIM WHY ?? Has he and the others think they are the LANDLORDS of the society…Although this issue can be very well solved in the society it self ….
    So as a consumer we filed a compliant in the Consumer Disputes Redressal Forum CBD Navi Mumbai…My Complaint No. 45/2010. In Feb 2010.. However when ever called to court several times.The society office bearers never came.. However surprisingly an Order was passed in Dec 2010 by the court, by Mr R D Mhetras [president], Mrs Jyoti A Mandhle [member] That this complaint cannot be put up in the Consumer Disputes Redressal Forum… In fact the court did not take any action or even ask the opposite party, why they never appeared in court when ever called, so many times in the past 11, months, But surprisingly the court passed an order after nearly a year that this complaint cannot be put up in the Consumer Disputes Redressal Forum.. After we paying the court fees for this case and also wasted One year of ours …
    Then why were we called so many times to the court, was it just for formalities ,.. or was it just to waste our time and harass us as well,..didnt the court know this in the being … And they advertise ..JAGO GRAHAK JAGO..
    In fact our latest request letter asking for Explanation Regarding The Amount The society Keep Demanding From Us, for no Reason was once again given to the Society dated 22nd Jan 2011. and a copy was also sent to their Advocate Mr Rajaram V Bansode [Advocate High Court]. But Till Date we have not received any reply or explanation regarding the amount from the society nor from their advocate..Reason best known to them, Why???
    WHAT are their Intentions/Motives behinds this Demands and Harassment by the office bearers of the society??.. (Or is it only because we are Christians, Or is it because they are from a political party ?? As this request for Membership is pending for the past EIGHT years)…
    However my Main Intention now is to Spread Awareness and Aware People by this Letter. How our Society Office Bearers can take Advantage of their Post and Misuse their
    The Sub/Joint registrar of Co Operative housings societies ,who is supposed to control all societies and see that the society follow and function in certain guidelines, have wasted FOUR years of ours, and have not solved this issue till date..
    The Consumer Redressal Forum who Advertise JAGO GRAKHAK JAGO, have also wasted ONE year of ours, only to decide and inform us that this case/complaint cannot be put up at the Consumer Redressal Forum..
    IS OUR SYSTEM SO BAD !! ??. That a common man has to wait, so long for Justice and still does not know when he will get Justice, for this simple Issue…
    We have wasted so much time by running from pillar to post, sending/writing request and letters regarding this issue to all who are supposed to give justice or guide us, on this issue…(Leave aside the money we have spent,The Harassment both Mental and Physical, Insults and Embarrassment, My Family and i have faced for the past EIGHT years), and i do not know how long will this go on ??…

    Requesting you once again to kindly advice us on what to do regarding this issue, or who do we go to for justice, regarding this issue…

    My family and i are tired of this constant demands and harassment by the society and its office bearers ..However we have decided never to give up and we will fight against Corruption and such Dishonest People in our Society.. Even if our Water supply or our Electricity is cut by them . . Its our Hard Earned Money we have Collected to Purchase this Room , and we will fight for our HOME as long as we Live….
    Mr Dhomaji Kolte (Chairman) 9320 467 945
    Mr S M Shrivastav (Secretary) 9869 409 072
    Mr Ashish Shetty (Treasurer) 9324 925 128

    Thanking you …
    Daniel Murzello .. Cell No – 9702 842 999..

  61. Does co-opted members have the right to cast the vote in election of Chairman,Vice chairman,secretary and treasurer.
    Also is it true that only two members can be co-opted beyond that by election are necessary for selection of more than 2 co-opt memebers

  62. i am a guarantor to an employee in a staff credit cooperative society. now he is dismissed and society is collecting the instalments from my salary. on verification of the loan documents i found that my signature as guarantor is forged by the society officials. even signature in autorisation letter for deduction of salary is also forged. now what clause of society act can be used to stop the monthly deduction from my salary because i have to put a section no of the act in the representation letter so that the request is to be effective to stop the deduction immediately? please reply me its very urgent

  63. Dear Sir,
    I have purchased re-sale flat in kothrud,pune and am applying home loan to SBI bank. For that , bank need society NOC as per bank’s format. But the society has given me their own format NOC which is not acceptable to Bank and Society is also not ready to give NOC in SBI’s format. I am stuck here. My Loan processing fees is also deducted and Socirty charges Rs. 30,000 are also deducted from my bank account. Please suggest me proper guidance to take this further.

  64. I have property in Badlapur. I want to rent out to somebody. But society is denying to rent out this property. Please tell me how i can rent out this property.

  65. sir, plz help me in some society matter 
    1) can two society be formed in one building of three wings…?
    2) if one society of two wings join together is formed what is the future if third wing
    3) how the conveyance be obtain by third wing….what is the help?

  66. Dear sir,My father had Purchase a land for the purpose of Cooperative Housing Society in 1992 but there were so many problems had been created regarding the land He was only the who fight for that land till his death 11 nov 2008 after that we got judgement in favour of us.But the member of the soc. who left & never coopearte tio him now days they fight against us(Mom brother & me) for that property,i requesting you to giv some adivee for this purpose Thanking you ,Aasha

  67. what is the rule reg. charging of 14% interest against dueto non payable of maintence of society from last 1 year. is this valid according to law.if yes by what law .pl repl urg

  68. Our society issues monthly maintenance bill at the start (1st ) of every month. for eg for the month of Aug 11, we receive the monthly maintenance bill dated 01-08-2011 for August month. Though the society allows 1 month grace period to pay the bill, that is, it becomes due on 30th Sep 11, is it correct to issue the bills before the stay is completed?

  69. I have a land on the name of my wife RUPALI SAWANT and her mother MANGAL DEOKAR. When we removed the document 7A the name was clearly wriiten on it and now it has passed 1 year and removed the document again but there are no names on it. May be something has mistaken or someone has done a fraud. Please help us with the same as soon as possible because i think this is a major issue which has to be solved.

    Thanks Sudarsh Sawant.

  70. This querry is on behalf of the members of a resd co – op society in Pune. We have following problems in our society for which we need advice regarding how to come out of it.

    Since April 2006 our society accounts are not maintained / audited upto now.
    The committee earlier contained 5 members but the chairman shiefted to other area and submitted the resignation to the secretary long back. Other 2 members also resigned & as on today there are only 2 members on the committee. The secretary never calls any GM,SGM or even an ordinary meeting for solving any problem in society. We the members only decide to meet at certain time for solving problems. If called the The secretary says he wants to resign but since last 5 years the accounts are not written / audited no member is ready to take over the accounts responsibility. He always asks some time for doing accounts work but in the next meet called by the members of the society only orally apologises but never completes the accounts work of society.
    Meanwhile there is a KYC problem in our society’s bank a/c since October 2010. The account is freezed by bank due to non compliance of KYC. The members who give regular society maintenence charges by cheque, they are neither given receipt of the amount in time and now due to KYC problem the cheques are still lying with the secretary since November 2010. He has not deposited those cheques in bank upto now and now the cheques are invalid.
    The lift in our society is not functioning since 4-5 months. We the members called the meeting , finalised the quotation and now just because the KYC problem is not solved, we can not get the lift work done. Please advice us where do we, the members of the society can go for our problemsolving ? What can be the best solution for this ?

  71. I am staying with my father childhood with request Application from original member of the housing society . Can I become the associate member with request letter from my father.
    my father want to apoint me as associate member

  72. We have a flat in a co-op society.Since my father is no more my mother is a sole nominee.Will she require a no objection from her two sons if she wants to sell it of? If yes would it be so even if she makes a will to give it away to xyz?

  73. My mother is a sole nominee of our flat in a co-op society after my fathers demise.Does she require a no objection from her two sons if she wants to sell it in future?


  75. Dear Sir,

    I want to know that . i want organise one family function. my soicety not allowed me to do that. as per sodiety rule can i organise that function on that ground. pls reply me

    In our society’s few member will not pay his regular maintenance and every time he was argue with committee member for maintenance purpose,  what should we do.
    some society member have no repayment of loan letter from their office, so we can issue  share certificate. so please suggest a solution.

  77. in co-op.housing society, can the secretary keep any documents related society business in his own custody?

  78. I would like to know what are the powers/rights of Associate member? In the absence of original member, can associate member attend all the meetings and vote and does associatie member have all the rights of original member?

  79. My mom & dad both fo them are expired, i want to transfer the flat in my name, i have one elder sister but she is married kindly let me know the procedure for transfer??

    Kindly help


  81. Jasmine Towers Vasant Vihar Thane West.
    Tipnis the chairman and Bijay Yadav seceretary along with other hand picked members are causing too much distress to ther residents of jasmine towers.
    Tipnis has been the chairman forcefully for more than 5 years which is a violation as the chairman can hold term for 5 years only,he has made his wife a member of the committee also so that these two can pass any rule as two members support is needed.Tipnis and Yadav along with these curropt members have been imposing fines of their own for absurd rules like not allowing pets,not allowing children to play,not bursting crackers,parking,installing air conditioners 5000 for children playing this is absurd.These people get their cars washed for free,park three cars and bikes in a parking space.These people have awarded a single person contract for the whole building like newspaperwala,car washing etc.These currupt people eat money in awarding contracts also.They have also employed two handicapped people as members of the commmittee Musalmane and Shetty,these two walk around giving orders to people and use the security people to do their work,this is a very sad state of affairs.
    Tipnis has eaten a lot of moneyby missppropriation of funds he has taken lakhs of rupees for awarding the painting contract for the building.Is there any regulatory body to oversee these currupt people.
    Tipnis and Yadav formed this commitee without any election and has been imposing his own rules on the residents of jasmine towers.Please help us the residents of jasmine towers to remove this currupt man and his handpicked set of cheating and stealing liars,hope this man gets investigated one day and there will be justice.

    (The view express here is solely of author, Accommodation Times being a platform can bring the disputes to the table and not the party to the dispute.)

  82. we are a 30 year old building but our society is not yet formed for some polictics and as also we are sharing land with the older building Nibbana which is a registered society. We are told to merge with them but the old Nibbana is putting so many conditions that we do not agree so all is stalled again .
    we even managed to get a letter from the registrar directing the old nibbana to accept us as members but even that is now more than a year old .can we approach the registrar and become members of the old society UNCONDITIONALLY

  83. we are Nibbana Annexe society but not yet registered. Our society was run by a crook for 15 years but the currect secretary is just not willing to step down . So we made a circular informing all about forming a new managing committe and we now have 16 out of the 26 flats. BUT HE SAYS WE NEED AN AGM
    TO OUST HIM. This person is very abusive and acts like agooda abusing all men and women included.
    so people are weary of comming to meetings so we dod not have ameeting since years.

    also there is absolutely no transparency and nobody knows where the money is gone. I have also caught one of his men getting chq signed for bogus bills and was able to retrive 25 thousand rupees with the help if police. THE IMPORTANT QUESTION IS CAN WE ELECT A NEW COMMITTEE BY TAKING SIGNATURES ON A CIRCULAR DECLARING OUR NEW MANAGING COMMITTEE. MIND YOU WE ARE NOT YET REGISTERED

  84. what r the rules governing a owner who gives his house on leave & license1) to famlies on leave & license2) to 5 or 6 people as pgs on leave & license (working for different companies)3) using the house as pg to innumberable people for short term like 1month  or 2 months or so on4)to companies for 5 or 6 persons

  85. our society is holding elections to form a committee of 09 members for a society of 130 flats out of which 13 are Govt flats. As per the provisions one seat is reserved for woman candidate. However, no nominations were recieved in the stipulated time frame defined for filing of nominations. In such and event should the reserve seat be filled by direct elections form the pool of 12 eligible male candidates or be kept vacant till an eight member committee is elected to nominate a woman candidate from among the willing eligible candidates? currently the election officer (who is also a member of society and has been appointed by concensus) has interpreted the provision in a manner that he has declared elections for nine seats from 12 male eligible nominations recieved . After the formation of such nine member committee if an eligible woman candidate expresses her wish to work on the committee on the post reserved for woman should her request be adhered to? Also, the current returning officer has not given publicity to the seat reserved for woman candidate to invite nominations so can this be challenged?

  86. I want to know the G.R. issued by government about loan limitation and in future also i would like to know the changes made by government. If there is any kind of subscription or any website is available please let me know on my email id. i am ready to do the subscription.

  87. One of the residense is playing music system with very high volume while worshiping god daily morning 5.30 onwards.Is it ok?and what action we can initiate to stop this.

  88. we have been shifted to new society since last three year and still dint get the share certificate as secretry and chair person are telling that my document is not proper help me out i went to advocate he said my paper is proper society people is asking 50,000 for that and since due to some finacial problem i was not regular on my monthly mentanece they have charged legal expence of 4500 on that and they are adding intrest on other hand also its become a big tourcher for me please help

  89. I’m extremely impressed with your writing skills and also with the layout for your blog. Is that this a paid subject matter or did you modify it your self? Either way keep up the excellent high quality writing, it’s rare to see a nice weblog like this one these days..

  90. one one of the resident parks his car outside the stilt car park alloted by developer, causing incovenience what is the remedial measures

  91. We have two flats in ground floor and we have placed safety door for the same premises can society put objection against it? as it is allowed by builder to other floor flat owners

  92. Inspite of notice given by 2/3 members to call upon agm to dissolve the commitee,the chairman and other commitee members has not initiated.In this case, can  2/3 members  call upon AGM and terminate them.

  93. We have a registered housing society of 3 years, it been a long drawn battle to get the committee to operate on the lines of the bylaws, which they seem to flout at their whims and fancies, members made a complaint to the registrar based on certain clauses of the bye-laws after 6 months of the complaint , summons and adalat , the registrar informs the members that the case is beyond their jurisdiction and has to be raised with the registrar of SRA projects as the society is registered by them. ( the society consists is random members none from the so called redeveloped slum, flats purchased from the builder)
    please suggest the way forward

  94. we are having one shop in our society, in our shop maintanance bill many time society is charging other charges form 500 to 5000 without any information or any notice and when we ask for reason reply is that scooter was parked in front of our shop

  95. sir,

    Plese send me detils about vat and service tax for purchashing new flat who will be liable for vat and service tax

  96. New incoming member needs to complete tw oyears as elligibility to vote or can vote or stand in election immediately

  97. whether it is complusory for society to collect or have the copy of leave and license agreement for the flat rented?

    what re the right given to the society in case the there are no leave and license agreement executed.

  98. We have two flats (304 and 305) on 3rd floor and i have placed common safety door for the same. The same door is installed two feet after main door. Society has already given verbal approval to install but it is before two feets and that come exactly at the piller. can society put objection against it?

  99. We have two flats (304 and 305) on 3rd floor and i have placed common safety door for the same. The same door is installed two feet after main door. Society has already given verbal approval to install but it is before two feets and that come exactly at the piller. As per society bylaws i am not suppose to touch the building construction… can society put objection against where i installed the Saftey Door…?


  101. I have recently purchased a flat in a Society and want to do renovation work but Managing Committee of the Society is not allowing to change floor tiles of my flat as it seems they have passed resolution in passed that no body can change floor tiles of their respective flats.

    Please advice whether society has this right / power to control modification / alteration INSIDE FLAT?

    1. The society cannot object to this because it is not modification of plan and material change or damage to the property.

  102. If builder is selling one of his developed residential flat after 5 years & society has been formed by that time, in this case share certificate should be issued in whose name builder or the proposed purchaser. pls rply asap

  103. whether maharastra co-operative housing society ltd is within the purview of RTI.Act. if so then whether Govt of Maharastra has passed any ordinance/resolution to this effect.

  104. Dear sir I have a registered will by my father leaving his flat to me. Society is now not giving me noc. Please let me know the process.

  105. i want to lay down the tiles in front of my flat and also along with my opposite flat we have two flats in same floor and that area is also use as a stair case common area we are into 1st floor and this building is of 3rd floor with lift can we put tiles on that area by with own consent please guide

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