Category: Co-operative Societies

Tenants of buildings under redevelopment are consumers

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CONSUMER AS KING – Tenants of buildings under redevelopment are consumers

More and more old and dilapidated buildings are going in for redevelopment. The builder makes money by selling flats to new purchasers, but considers it onerous to provide accommodation to the existing tenants without charging money . Since free services are excluded from the purview of the Consumer Protection Act, would the tenants be entitled to file a consumer complaint for deficiency in service against a builder?

The national commission allowed Jagdishbhai’s case, holding that he was a consumer, entitled to file a complaint against the builder for deficiency in service.

Jehangir B Gai

Click Here for full details of the case

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

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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

Financial Frauds in Co-Op. Housing Societies

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This article deals with certain naked and stunning facts about the Economic and Fiscal Mismanagement in many Housing Societies about the wilful suppression of various financial affairs which are never brought by any of the Office Bearers to the knowledge of the innocent and gullible Members of the Society.

To recourse such fraudulent management of Society’s fund, once the audit is done the Members can appoint outside chartered accountant to scrutinize the Audited Accounts if they feel that there is any misappropriation. To prevent frauds, Members should meet Office Bearers at least once a month for informal discussions on Society matters.

The Section 83 of MCS Act stipulates that the financial loss incurred by the Society on account of fraudulent acts of the Office Bearers is recoverable and punishable offence. The Members can complaint to Dy. Registrar of Co-op. Dept. under Section 83 for investigation and recovery of losses caused to the Society. To complain under Section 83, 1/3rd of the Members signature is required as per the Act on the complaint letter.

Thus, if one third of the Members of a Society make request to the Dy. Registrar to hold an inquiry regarding its financial mismanagement, the Officer or his Nominee is duty bound to conduct such an inquiry. The Dy. Registrar may direct the complainants to deposit a sum of nominal amount with him and this amount can be forfeited if the allegations made against the Office Bearers turns out to be malicious.

Click Here for the full detailed article by Dilip Shah

Election tenure of co-op housing society

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Sub-Section 4 of Section 166 inserted by the Maharashtra Cooperative Societies (Amendment) Act 2013:

“(4) Notwithstanding anything contained in this Act, as amended by the Maharashtra Co-operative Societies (Amendment) Act, 2013, but subject to the provisions of sub-section (15) of section 73CB, the committees of which the elections become due after the 31st March 2013, shall continue till the elections to such societies are held under the provisions of this Act as amended by the said Act.

Hopefully new State Government will attend the above unfinished agenda expeditiously i.e. before March 31 2015 so new cooperative year has a new Committee.

Click Here for the detailed, explanatory article from Indian Co-operative

This piece from Jeby Patel may also help – CURRENT LEGAL SCENARIO FOR ELECTION IN CO-OPERATIVE SOCIETIES AS PER 97TH CONSTITUTIONAL AMENDMENT ACT – ACC

AGM for 2013-14

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Scheduled time limit of 30.09.2014 for AGM is over for ALL the Co-operative Housing Societies in Maharashtra.

IF your Society MC has not conducted AGM on or before 30th September, THEN move an simple application, before your coop. ward Registrar, stating this fact with a prayer to disqualify the MC, for FIVE years and further to levy a Penalty of Rs. 5,000/-, under section 75(5) of the MCS Act-2013.
It was even mandatory to videoshoot the AGM as per “Video Shooting for AGM – Circular dated 15.03.2010 from Co-operative Commissioner & Registrar, Pune.” Lodge a separate complaint attaching a xerox copy of the above circular. Pray U/s. 79 A (3) for dismissal and disqualification of the MC for non-compliance of Govt.Order.
J.B.Patel – Jeby
RTI & CHS Activist
9820538570
Video Shooting for AGM – Circular dated 15.03.2010 from Co-operative Commissioner & Registrar, Pune
सोसायट्यांच्या ‘एजीएम’चे व्हिडीओ रेकॉर्डिंग
सहकारी सोसायट्यांच्या कामाकरिता पगारी मॅनेजर
तर सोसायटी कमिटी बरखास्त

SOURCE COURTESY:
HEMANT AGRAWAL

AD.VINOD SAMPAT

Defaulters will not be allowed to vote or contest Society Polls

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In the upcoming cooperative housing society polls, residents who have defaulted in the payment of maintenance charges of their respective societies will be debarred from voting or contesting elections. Vinayak Kokare, Deputy Registrar of housing societies, said the elections, which have not been held for the past five years, will be conducted in November or December.
As per the new amendments of Cooperative Act and directions by the Bombay High Court, the state government has been appointed as the designated authority to conduct elections in cooperative bodies. Apart from housing societies, elections are also likely to be held in credit societies and banks. However, the court had specifically asked the state government to conduct cooperative bodies’ elections, following which the state government filed an affidavit before the court, stating its intention to conduct the elections before December 31.

Read the full article – Click Here

3 Kinds of ‘Tenants’ and their rights

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3 Kinds of ‘Tenants’ and their rights

What are the rights of statutory tenant, lessee and licensee?

Letting out premises is a sensitive issue. Both landlords and tenants turn hawkish in any discussion on this. The battle of owners versus occupiers would turn less hostile if each understood their limits, claiming only that which is rightfully theirs. There can be roughly three kinds of occupation – statutory tenant, lessee and licensee. Described below are the rights of each of them.

 

DIVYA B MALCOLM 28/07/2014 03:20 PM  http://www.moneylife.in/article.print_edition.php?id=38233

Co-operative Seminar – 3 for the price of 1 – ICAI

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Dear Co-operative Members,

The Committee for Co-operatives and NPO Sectors of the Institute of Chartered Accountants of India (ICAI) jointly with Maharashtra State Co-operative Housing Federation Ltd is organizing a National Conference on Housing Co-operatives on the 18th and 19th of July 2014 at ICAI Tower, BKC-Bandra, Mumbai.

This conference will be primarily focused on the regulatory, functional/ operational, financial, taxation, auditing and governance related aspects among others of housing co-operatives and will also include experts’ and stakeholders representatives’ panel discussions on the related topics and issues.

We are keen that you register your name through Co-operative Housing society, so that against one registration fees of Rs.1,500/- (Rs. One Thousand five hundred only) three members can attend and take the benefit of the conference. We also request you to circulate the attached program to all your know circles, members so, that they will be able to participate and interact with the experts in the field and enrich your knowledge, professional opportunities and clarity in the area of their interest.

We also request you to send us the your valuable inputs on the topics or any other issues related to Housing co-operatives you want to cover in this conference by  eminent speaker/ faculty / panel members. We request you to consider our request and do the needful at the earliest to get registration for this conference by your friends and other co-operative leaders, stakeholders to this conference at the earliest.

The registration can be done online and the details of online registration is given in the attached schedule of program for two days.  Some of the guest and speakers are subject to confirmation and the organizers reserves the right to reschedule the program as may be deem fit in the interest of making the program an interesting to all the participants.

We look forward to receiving your positive and enthusiastic response.

Warm regards,

CA Rajkumar S. Adukia
Chairman, Committee for Co-operative & NPO Sectors

With Best Regards

CA. Ramesh S. Prabhu

Co-convener, Housing Task Force of Committee for Co-operative and NPO sectors of ICAI , New Delhi

A2-302, Laram Center, S.V. Road, Opp: Railway Station

Andheri(W), Mumbai- 400 058

Tel: 9820106766/ 022- 42551414

 

National Conference on HOUSING CO-OPERATIVES CPE

12 hours
Days & Dates Friday 18th July, 2014 & Saturday, 19th July, 2014.
Venue ICAI Tower, Plot no C-40, G Block, Opp. MCA Ground, Next to Standard Chartered Bank, Bandra Kurla Complex, Bandra (East), Mumbai – 400 051
Time 10.00 a.m. to 05.30 p.m.

(Registration 09.00 a.m. to 10.00 a.m.)
Fees Registration Details:
• Registration Fees : Rs1500/- per participant

(inclusive of course material, breakfast & lunch)

Non residential and the participants have to make their own stay arrangement.
Mode of Registration & Payment:
• Offline Registration & Payment DD/Pay order/Cheque should be drawn in favour of ‘WIRC of ICAI’ payable at Mumbai and sent to ICAI Tower, Plot no C-40, G Block,Opp MCA Ground, Next to Standard Chartered Bank, Bandra Kurla Complex, Bandra (East), Mumbai – 400 051. Please mention your name, Membership number, Registration Number and contact details at the back of the cheque /demand draft.

• Online Registration & Payment : For online registration please visit:

Member : http://www.icai.org/ccm.html?progid=572
Non Member : http://www.icai.org/ccm.html?progid=573
Programme Chairman CA. Rajkumar S. Adukia,CCM
Chairman,Committee for Co- Operatives and NPO Sectors
Email id- rajkumarradukia@caaa.in
Programme Director CA. Nilesh Vikamsey
Topics
Friday 18th July, 2014
Day 1 Session Subject Matter
Inauguration Honorable Shri. Harshwardhan Shahajirao Patil

Minister of Co-operation and Parliamentary Affairs, Govt. of Maharashtra

Guest of Honour Shri. Dinesh Olkar

Commissioner and Registrar of Co-operative Societies
Session I Overview of Laws on Co-operative Societies with special reference to Housing Societies

Speaker:

  1. Rajkumar S. Adukia,

Central Council Member, ICAI
Session II
  • Formation of Co-operative Housing Societies
  • Drafting of Bye-Laws of Co-operative Housing Societies
  • Title of Property
  • Conveyance and Deemed Conveyance
  • Stamp Duty Planning & Registration

Speakers:

CA. Ramesh Prabhu

CA. Vimal Punamiya
Session III
  • Slum Rehabilitation Provisions
  • Slum Rehabilitation Authority

Speakers:

Shri. Nirmal Deshmukh, CEO, SRA

Shri. Milind Borikar, Joint Registrar, SRA
Session IV
  • Construction Management
  • Development Control Regulations and similar provisions of different cities
Saturday, 19th July, 2014
Day 2 Session Subject Matter
Special Address Honorable Shri. Sachin Ahir,

Maharashtra Minister of State for Housing
Session V Redevelopment:

  • Benefits of redevelopment
  • How to go for Redevelopment
  • Project Management Consultants

Speakers:

Adv. Ameet V. Mehta

Arch. Arvind Nandapurkar
Session VI
  • Accounting for Housing Co-operatives
  • Auditing for Housing Co-operatives

Speakers:

CA. Abhay Arolkar

CA. Dhondirao A. Chougule

Divisional Joint Registrar (Audit) – Kolhapur Division
Session VII Taxation of:

  • Flat Owners
  • Land owners
  • Housing Societies
  • Developers
  • Other parties involved in Housing

Speakers:

CA. Manish Gadia

CA. Prem Chhatpar
Session VIII Funding arrangements in Housing Sector

Speakers:

CA. Sanjay Shukla

MD of Cent Home Finance Ltd.

Representatives of NHB and Housing Finance Companies

Transmission of a flat in housing society or CHS?

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More often than not, due to the sheer complicity and technicalities of our legal system, we find ourselves trampled by a load of complicated questions and even cheating and deception. One such area of concern is ‘transmission of flats‘. Here, we have the procedure for the same simplified for you.

Transmission of flats happens in the following two ways:
  1. When the flat owner has made a nomination before death.
  2. When the flat owner has not made any nomination before death.

Click Here for the full detailed write-up from MoneyLife by Shirish S Shanbhag, an MSc and a retired professor with over 32 years of experience, helps draft legal documentation related to co-operative societies, RTI and several other areas.)