The Registrar can impose on MC members for not supplying documents u/s 32
Here is the circular in English
Government Directions to Cooperative Housing Societies’ for making documents available to members (dated 10th March 1995). Please refer the last paragraph of the attached file. Click Here
Courtesy : Jeby (J B Patel)
For the original circular in Marathi, posted by Mr. Vinod Sampat earlier – Click Here
Kindly refer the attached notice/directive/circular issued from the office of Commissioner & Registrar of Co-Op Department, Government of Maharashtra dated 30th December 2011, in said notice/directive/circular, it has been clearly mentioned that only Deputy Registrar of Concerned ward of Co-operative societies can be PUBLIC INFORMATION OFFICER under RTI Act, 2005, WHEREAS in various offices at Mumbai, the responsibility has been passed to lower staffs.
We have raised our objection before Divisional Joint Registrar of Co-Operative Department, Mumbai Region and have urged him to implement the same on priority basis.
Thanks & Regards
Dr. L.B. Tiwari
President & Head-Legal Cell
SAHAYAK–A Socio-Legal & Educational Forum
PRIVATE CO-OPERATIVE HOUSING SOCIETIES are not covered under sec 2(a) of the RTI Act, 2005:
Sec 2(a) “appropriate Government” means in relation to a public authority which is established, constituted, owned, controlled or substantially financed by funds provided directly or indirectly:
(i) by the Central Government or the Union territory administration, the Central Government;
(ii) by the State Government, the State Government.
PRIVATE CO-OPERATIVE HOUSING SOCIETIES ARE COVERED UNDER SECTION 2(f) OF THE RTI ACT 2005:
Under Sec. 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers,samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force;
• HOW SECTION 2 (F) APPLIES TO A PRIVATE CO-OPERATIVE HOUSING SOCIETY:
As per sec. 2(f) of the act an information which can be accessed by a Public Authority from a Private Body can be provided under the RTI Act. In the context of a Co-operative Housing Society Limited, Private Body is a Co-operative Housing Society and Public Authority is Registrar of Co-operative Societies.
• Public Information Officer & First Appellate Authority OF REGISTRAR OF CO-OPERATIVE SOCIETIES:
1) Public Information Officer (Public Information Officer) – Deputy Registrar.
2) First Appellant Authority (First Appellate Authority) – District Deputy Registrar.
• FLOW OF A RTI APPLICATION FILED FOR SEEKING INFORMATION FROM A PRIVATE CO-OPERATIVE HOUSING SOCIETY LIMITED:
This is how it works if one would like to seek information from a Co-operative Housing Society Ltd:
1) One can file a RTI application with the Public Information Officer i.e. Deputy Registrar Co-operative Societies, where the particular Society has been registered.
2) Deputy Registrar will forward this application to the Chairman/Secretary of the Co-operative Society.
3) Chairman/Secretary of the Society will then provide the requested information to the Deputy Registrar.
4) Finally Deputy Registrar will provide the applicant with the requested information.
Please Note: At present some Deputy Registrars order/direct the Chairman/Secretary of the Society to provide the information directly to the applicant, thereby skipping the 2nd, 3rd and 4th step mentioned above, and so the Chairman/Secretary of the society will then directly provide you with the requested information under the directions/order of the Deputy Registrar.
J.B.Patel (Jeby)
Housing Society Activist!
Mobile:9820538570
Please refer attached eight files related to general election in a co-operative housing society:
4_-_ELECTION_-_MC_AND_STRENGTH
5_-_ELECTION_-_DEFAULTER_more_than_2_children
6_-_ELECTION_-_Less_than_2_years
7_-_ELECTION_-_RESERVATION_OF_SEAT_FOR_WOMEN
8_-_ELECTION_-_RETURNING_OFFICER_BY_DR_-_19.01.1999
Courtesy :
J.B.Patel (Jeby)
Housing Society Activist
REDRESSAL OF COMPLAINTS IN A CO-OPERATIVE HOUSING SOCIETY – J.B.Patel – Housing Societies Activist
Whom to approach with your complaints for Redressal when you have any dispute with your co-operative housing society?
Following are the authorities as prescribed under Maharashtra Co-operative Societies Bye Laws to whom you can approach for redressal of your complaints and disputes. Approach the right place with right complaint, if your complaint has merit. Do not waste time and money with irrelevant departments other than those mentioned below:
XVIII. REDRESSAL OF COMPLAINTS:
Maharashtra Co-operative Societies Bye Laws:
173. Complaint application to be submitted to the society
175.
(A) Complaints to be made to the Registrar
(B) Complaints to be made to the Co-operative Court
(C) Complaint s to be made to the Civil Court
(D) Complaints to be made to the Corporation / Local Authorities
(E) Complaints to be made to the Police
(F) Complaints to be made to the General Body of the Society
(G) Complaints to be made to the Federation
173. Member / Members shall submit their complaint application to any of the Office bearers Complaint application of the society, in writing, giving thereby the details of the complaint to be submitted to the society.
174. After receipt of such, complaint application, the committee shall take decision thereof, in the coming Managing Committee meeting. Such decision shall be communicated to t he concerned member, within 15 days thereafter.
175. If the Member/ Members are not satisfied by the decision of t he Committee, or does not receive any communication from the committee within the time specified above, he / they may approach the Competent Authorities , depending upon the nature of the complaints , as enumerated below:-
(A) ASST. REGISTRAR / DEPUTY REGISTRAR:
Matters pertaining to following issues:-
a) Registration of Society on Misrepresentation,
b) Non-issuance of the Share Certificates,
c) Refusal of Membership,
d) Non registration of Nomination by the society,
e) Non Occupancy charges,
f) Demand of excess premium for transfers,
g) Non supply of the copies of record and documents,
h) Tampering, suppression and destruction of the records of the society,
i) Non acceptance of the cheques or any other correspondence by the committee.
j) Non maintenance or incomplete maintenance of record s and books of the society,
k) Non preparation of the annual accounts/reports, within the prescribed period,
1) Misappropriation/Misapplication of the funds of t he society,
m) Defaulter/Disqualified member on t he committee,
n) Investment of Funds without prior permission,
o) Reconciliation of Accounts,
p) Audit,
q) Non conducting of election before expiry of the term of the committee,
r) Rejection of Nomination,
s) Non calling of General Body meetings within prescribed period,
t) Non calling of Managing Committee meeting as prescribed in Bye – laws,
u) Resignation by the Committee,
v) Any other, like, matters which falls within jurisdiction of the Registrar.
(B) CO-OPERATIVE COURT:
Disputes between the members and / or the members and society, which fall under Section 91 of the Act, such as:-Disputes pertaining to :-
a) Resolutions of the Managing Committee and General Body.
b) The elections of the Managing Committee, except the Rejection of
Nominations, as provided under section 152-A of the Act,
c) Repairs, including Major Repairs, internal repairs, leakages,
d) Parking,
e) Allotment of Flats/Plots,
f) Escalation of construction cost,
g) Appointment of Developer/ Contractor, Architect,
h) Unequal water-supply,
i) Excess recovery of dues from the members,
j) Any other, like, disputes which fall within jurisdiction of the Co-operative Court.
(C) CIVIL COURT:
Disputes pertaining to: – Complaints to be
a) Non compliance of the terms and conditions of the Agreement, by and made to the Civil between the Builder/ developer, Court.
b) Substandard Constructions,
c) Conveyance,
d) Escalation of construction cost,
e) Any other, like, disputes which fall within jurisdiction of the Civil Court.
(D) CORPORATION / LOCAL AUTHORITY:
Matters pertaining to:-
a) Unauthorized constructions / additions / alterations, made by builder / member occupant of the flat,
b) Inadequate Water supply to the society,
c) Change of use by the members/occupants.
d) Building’s structural problems.
e) Any other, like, matters which fall within jurisdiction of the Corporation / local authority.
(E) POLICE:
Matters pertaining to:-
a) Nuisance carried by the Unauthorized use of the Flat / Shop / Parking Space / Open space in the society, by the members, builder, occupants or any other persons ,
b) Threatening / Assault by or to the members’ of the society,
c ) Any other , like , matters which fall within jurisdiction of the Police.
(F) GENERAL BODY:
Matters pertaining to:-
a) Non maintenance of the property of the society by the managing committee,
b) Non display of Board of the name of the society,
c) Levy of excess Fine , by the managing committee for act o f the member which is in violation of the Bye -laws ,
d) Not allowing the authenticated use of t he available open spaces of t he society, by the managing committee .
e) Non Insuring the property of t he society, by the managing committee,
f) Appointment of Architect,
g) Al l other, like , matters which fall within jurisdiction of the General Body.
(G) FEDERATION:
Matters pertaining to:-
a) Non allowing of the entry to the secretary of the society, by the member .
b) Non acceptance of any communication by the member / managing committee.
c) Convening Special General Meeting provided under the Bye – law no. 97 and Managing Committee meeting provided under Bye-l aw No. 133.
d) All other like matters.
As on today, Consumer Disputes Redressal Agencies are considered as the fast and reasonable. The aggrieved person may make use of the attached ” The Consumer Protection Act, 1986 (68 of 1986) dated 24.1986 – Click Here for the Act
Soft Copy of Model Bye-Laws for Co-operative Housing Societies with amendments – 2012 by Prashant B. Uikey – Click Here
According to animal activists, pet owners encountering hurdles on this ground to rent an apartment have the country’s laws on their side. Manoj Oswal, animal welfare officer at the Animal Welfare Board of India, says: “The Animal Welfare Board has handled around 150 such cases in Pune in the last few years, where people have come to us with requests to intervene when their societies banned pets.
According to state laws, such as the Maharashtra Cooperative Housing Societies Act. there are absolutely no provisions for banning pets. A society by-law banning pets will not hold against national and state laws. In 90 per cent cases, we point this out to the society members and they immediately withdraw the ban.”
Click Here for the full story in the Indian Express
Complaint Redressal System for all wards, in District Deputy Registrar III, Co-operative Societies Mumbai
12 steps are laid out in the procedure.
Click Here for the steps courtesy It’s My Right Group on Google
DEPUTY REGISTRAR CO-OPERATIVE SOCIETIES, MHADA has a new website
Click Here to view
CHS Guru is meant for resources for Co-operative Societies in Mumbai and Thane. You have lots of information, articles and a special section where you can ask questions and have your queries resolved.
Consumer Resources 