Latest Model Bye Laws, MCS Act and Election Rules as on September 2014

Enclosed herewith are the latest Model Bye-Laws for Co-operative Housing Societies under the Maharashtra State Co-operative Societies Act, duly amended (upload date 8/10/2014 (version dt. 2-9-2014))

Model Bye Laws of Coop Housing Society New Flat owner Type (2-9-14)

For Bye-Laws of other types of Co-operative Societies in Maharashtra Click Here

Election_Rules_Final

Latest amendments made on 30th Aug,2014  to the MCS Rules, 1961

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35 Comments on “Latest Model Bye Laws, MCS Act and Election Rules as on September 2014”

  1. Farooq Khan says:

    Dear Sir, Kindly upload latest MCS Act & Rules and oblige. with sincerest thanks and regards.

    On Sat, 11 Oct 2014 17:07:13 +0530 Consumer Resources wrote >

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    yazdi posted: “Enclosed herewith are the latest Model Bye-Laws for Co-operative Housing Societies under the Maharashtra State Co-operative Societies Act, duly amended (upload date 8/10/2014 (version dt. 2-9-2014))

    Model Bye Laws of Coop Housing Society New Flat owner”

    • J S Pandey says:

      PATHAK SIR AS YOU ARE HOLDING A POSITION IN CO_SOC I WOULD LIKE TO KNOW FROM YOU THAT WHO CAN BE MEMBER OF SOCIETY? I MEAN ANY PERSON FROM THE FAMILY OR THE PERSON HOLDING THE HOUSE IN THE SOCIETY. PSE REPLY. THANX

      • Bharati says:

        Dear sir,
        Here is your reply that their are three types of members :-1 Active- One who has purchased and owns a Flat / Unit in the Society.
        ii. One who attends at least one General Body Meeting of the Society in the previous five consecutive years. Provided that nothing in this clause shall apply to the members
        whose absence has been condoned by the General Body Meeting of the Society.
        iii. Who has paid the Society Maintenance Service and other charges at least once in previous consecutive five years.
        2. Associate – means a Member who holds the right, title and interest in the property individually or jointly with others, but whose name does not stand first in the share certificate
        3. Nominal means a person who does not hold the right, title and interest in the property individually or jointly admitted to membership such after registration.

  2. Hrushikesh says:

    Dear Sir,

    I am Hrushikesh Phatak ( hrushikesh.phatak@gmail.com ) Chairman of reputed housing society in pune. In Our society’s last AGM society increase amount of Maintenance. In our society we have Few row houses few duplex 3 bhk and remaining all are 3 bhk. Row houses are outside of compound wall of society but Builder ragistar society with row houses. basic question to provide security to row house we need 4 gaurds and remaining all 8 building required 4 gaurd. there are 30 row houses and members those leaving in building start questing that why we are spending extra money on security when 80 members are need 4 guards . means they want to say row house members suppose to pay extra. During AGM society increase the maintance fees for all but littile extra then building members for row houses. Now members from row houses suggested to charge monthly maintenance according to built up area. and they shows that if we charge with built up area we dont need to take voting for it because they knows every time 80 members will sit in majority.
    I need your help can society charge like this ? If yes then which low is supporting it.

    Hrushikesh

    • DAYANAND MOILY says:

      CAN SOCIETY CHARGE NOMINAL MEMBERSHIP TO THE FLAT RENTED PEOPLE.. IF YES THAN HOW MUCH…. PL. REPLY…

    • Afsar khan says:

      Respected sir recently my brother had purchase the shop in mira road.which 1 agreement is stamp only 100 rs stamp and 2nd agreemebt is properly stamped and registerd and we did the same. Now the problem is society is sayiing to stamp the 1st agreement which was purchased by 1 party in the year 1997/1998 than only we will transfer the shoo on your brothers name now the expenses is coming around 270000 for the 1 agreement whic we cannot afford and the sexond buyer is not ready to pay pls help me how solve this matter where i can get remission in penalty and can society refuse to take transfer Amount pls help rwgards.

    • Reetu says:

      Whether its raw house or its in building if it is in a single society the maintenance charges are on per sq. ft , It is not matter whether they are in need of extra securities or in building they have require lift maintenance charges go as per builtup area

  3. G B R says:

    Where can I get the original Marathi version of “Election Rules as on September 2014” ?

    The link provided above is the English version.

    Thanks.

  4. Meeta Mitesh kampani says:

    Current commitee is not paying the
    terrace flat owners money for the repair due to the terrace leakage.

    The new committee is not taking ownership of the pending issues and not paying money to the flat owners due to the terrace leakage.

    Please guide what a terrace flat owner should do to get the money claimed inspire of multiple reminders a not to the current committee secretary

  5. anil s napte says:

    Dear sir , I have perched 1 BHK flat in new Mumbai kalamboli area and giving it on rent due to i am shift in pune for job purposed.before 3 month, i have taking all permission through society and informed to chairman . Today i have pay Rs 1000 maintenance to society extra 100 rs due to i have kept on rent .But in general meeting of society all member was decided to take extra 500 maintenance from rented wonwer due to bye laws 65 and bye laws 43 its MCHS rule. What is this bye laws rule for rented . therefore this amount was not suitable for me due to my flat rent is RS 6000. PLz sugest me

  6. Rajendra says:

    If one of member sold his flat to his family member (brother) by regular way of Sale-Purchase Agreement ( not by Gift Deed Agreement) without showing/specifying their family relation in the Agreement & paid regular Stamp Duty @ 5% instead of 3% stamp duty required in Gift Deed Agreement.

    Here, they are shown their family relations in the Agreement.

    In this case, Transfer Premium of Rs. 25,000/- is to be charge or not ?

  7. SHIV KUMAR MITTAL says:

    Hi, really good stuff. Worthful.

  8. Sunil says:

    Sir, need to know whether co-op society has to held AGM to approve the audited/ un-audited financials before 30th of Sept every year.? However, if the B/S and financials are not ready by then, what would be the situation?

    • Reetu says:

      Yes Sunilji its mandatory to pass resolution via AGM for audited /un audited report , if it is not ready yet please get the permission from registrar for a one month extend to held AGM

  9. kirit d makwana says:

    If any elected committee member having more than 2 child after 2002, this will not objectionable, 2) if the committee member not paid his/her stamp duty, registration fee they will eligible

  10. Nandkumar Pradhan says:

    let me know procedure of adoption of new model bey laws

  11. Gopika desai says:

    I want some judgement/order given by court in Gujarat regarding maintainable charges regarding co operative society where owner has rented his property to tenant

  12. shyam tarphe says:

    written complaint society registrar & society secretary about treasurer misuse of society stationary for cash transactions more than Rs. 20,000/- nobody tacking action against him what to do?

  13. MANOJ BEHAL says:

    Reference: Seeking your opinion
    Respected Sir,
    I our society a Special General Body Meeting was conducted to seek permission from the General Body and voting was I held in favor of the agenda with majority favoring the agenda but after 45 days the society management committee has refused in circulating the minutes now they want to seek a legal opinion for issuing minutes do your think the managing committee can stop issuing minutes and can they oppose the Special General Meeting.
    Manoj H Behal
    Email: max7766@live.com

  14. Bipin Mishra says:

    If the co op society management committee member resigns, how will his replacement be taken?

  15. Ashok Malwe says:

    Dear Sir,
    I am a chairman of Sankalpnagar Society Kalwa. I request you to kindly help me to solve my problem.
    We have appointed 2 Expert Directors in our committee. They don’t have voting rights. But can they attend managing body meeting? One of our member took objection for attending the meeting by them.
    Pl guide me because I want them in managing body meeeting.
    With Best Regards
    Malwe Ashok
    9323812972

  16. Babu S Bharadwaj says:

    Dear Sir,

    I have purchased flat at Seawoods, Navimumbai and as per agreement registered the buyer and seller have agreed to share 50% of the share premium or society transfer , However chairman and secretary are insisting that it has to be borne by buyer only. With this my share transfer is also not done and would my membership in society be authorised

  17. pradeep says:

    I want to rent out my shop for hotel purpose (vegetarian)located in the commercial pocket of the society .That is a seprate entitity.do i need to take permission from the society for opening a vegetarian fast food cum gamimg center .if they say no what is a recourse .

  18. girish says:

    Can a managing committee member be disqualofied for unauthorised construction being carried out in his flat/rowhouse

    Recently a corporator was disqualified on this ground as her husband had carried out unauthorised construction in their flat

  19. Salim Kotur says:

    Dear sir,

    Can member of 10 % share can become secretary to the society.

    Only blood relationship staying should pay actual maintenance and others should pay maintenance plus additional 10% extra

    • Reetu says:

      Navin you can complaint at registrar office in written to take action ,Registrar person will meet the present management committee to sort the issue else will suggest to form new committee

  20. Navin says:

    Secretary is not performing his daily duties. Not callicalling for Comm meetings , AGM held in Nov, Cash, cheque not handed over to treasurer and many more non co operation. How can we pass no confidence motion against secretary. Please guide

  21. C S MAKWANA says:

    sir. recently our secretory called additional AGM before one day notice and took decision of making change in the monthly bill. and add a column name as “major repair fund”is this legal ?

  22. ARUN AGARWAL says:

    Can associte member become a committee member in Co-operative society. Pl conf.

  23. Suresh Govind Joshi says:

    How many tenants cold leave in three bed room flat.As in my society owners have given their flat to ,students from abroad ,5/6 students.Is there any rule for that?

  24. Rajendra Busa says:

    A police sub inspector can hold a post of secretary without election as he was in committee

    Pls.reply
    Thanks y

  25. RAMESH B.S. says:

    sir,I resigned to the committee because of irreegularity of secretary in accounts,not in touch with any,no SGM,no AGM,no response from regisrar after so many complaints.Now because of encouragement of Chairman and residents,I want to join to the committee for the chang.please tell me what is the procedure?

  26. Amalendu Shekhar says:

    Dear sir
    I am a member of a society in Virar. My flat is on ground floor. Some work had been started by the managing committee in 2012 as per AGM decisions. Before completing the work managing committee had completed its 5 years and new committee came in power that refused to complete the remaining work and started new work mostly convenient to the managing committee members and their supporters​ keeping the rules aside. They did not attended the written complaint of ground floor members regarding drainage system that was over flowing around their flats nearly two years. Affected members had stopped making payments towards maintenance charges and approached the deputy registrar . There has been no concrete decision taken by the registrar office. Affected members took initiative and got necessary things done. I was the worst affected and spend Rs. 9000/- . During one AGM Matter was raised and decided to pay me back . Society paid me half the money Rs 4500/- that also after nine months. Taking a compromising root affected members decided to pay the dues without interest but some managing committee members insisting to pay us with interest.
    Please advise me why should we pay maintenance that also with interest while we have concrete evidences of non maintenance ?

  27. Dear sir
    Is it possible to dissolve the present managing committee and disqualify them from contesting next election for their ill legal activities? And whom to approach for the same.

  28. Chandrakant Kondalkar says:

    Superb information Sir


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