MAHARASHTRA GR on Bill No.II of 2013 – As passed by the Legislative Council on 15.04.2013

Courtesy : J.B.Patel (Jeby) Housing Societies’ Activist! Mobile:9820538570

Maharashtra GR

 

PAY TRANSFER FEES AS PER LAW INSTEAD OF DONATING

The unlawful concept of ‘donation’, employed by the cooperative housing society’s managing committees, to facilitate the transfer of a flat by a CHS member, urgently need to be examined at length, points out GAJANAN KHERGAMKER

Each time, a cooperative housing society member wants to sell his property anywhere in Mumbai, he is bullied into paying up way beyond the officially ‘legal’ transfer fee of a maximum of Rs 25,000. The excess he pays ranges from Rs 5,000, in case of small societies to as high as a few lakhs of rupees, depending on the size, status and level of moral accountability of the society in question.
The cooperative housing societies and their managing committees, charging the fees, are spurred by a skewed sense of logic in their acts of demanding donations. “If a member is getting a good price for his flat, it’s because we’ve collectively maintained the society and the common amenities too. Why then, should the member be reluctant to ‘donate’ something for the society that he’s lived in for years? He pays only voluntarily and as a gesture of goodwill,” is the regular rejoinder of managing committee members ‘charging’ donation fees. Any argument, however illogical, is permissible in a democracy but only in the context of a debate and within socially-approved parameters. The managing committee members have even evolved ways to elbow outgoing members into paying up the excess. In several cases all over the city, society’s managing committee members refuse to provide the no-objection certificate for the purpose of sale and transfer to the outgoing member.

Click Here for the full article

State Government to pass new law in Monsoon Session of Assembly

A new era of co-operation has begun, with professionalism and law-abiding functioning, from Accounting Year 2013-14. It is upto us to take study and understand, and adapt to the new legal changes brought into the co-operative sector by the recently enacted 97th Constitutional Amendment. If we do so, we will reap many benefits in the form of harmonious living and orderly functioning. However, if we neglect to understand the new laws and rules, the consequences can be painful.

Remember, knowledge is power. Also remember, ignorance may be bliss, but when the time comes for punishment, ignorance of the law is not an excuse!

Some changes may still be expected in the amended Maharashtra Co-operative Societies Act, as it is now before a select committee of the State Legislature, to be tabled before legislature in the monsoon session. But as it is, MCS Act stands amended already, and we broadly know the shape of things to come. Therefore, it is crucial to understand and prepare for the changed scenario.

MAHARASHTRA SOCIETIES WELFARE ASSOCIATION (MSWA) HAS ORGANIZED A FULL-DAY BASIC TRAINING PROGRAM IN CHS LAWS i.e. Various implications of 97th Constitutional Amendment, Amended Maharashtra Cooperative Societies Act, and Model Bye-laws

DATE & TIME: Sunday, 28th April, 9.30 am To 6.15 pm.

VENUE: MSWA, A-2/302, Laram Centre, Opp. Platform 6, Andheri West, Mumbai.

WHO MUST ATTEND?

• Managing committee members of Housing Societies, as they will have to make many adjustments in their style of working due to sweeping changes in the Maharashtra Co-operative Societies (MCS) Act, 1960 and New Model Bye-laws. Henceforth, elections must be held under supervision of the State Co-operatives Election Authority, and statutory returns need to be filed to the Registrar, failing which the managing committee will be disqualified and debarred.
• Society members with grievances, as they can get speedy relief owing to extension of Right to Information to co-operative societies, and also Grievance Redressal and Dispute Resolution Committee to be appointed. But first, they will have to understand their new rights and duties!
• Ordinary members & associate members, who are required to actively participate in the society’s affairs, failing which they may forfeit various rights and privileges.
• Women, who will enjoy two reserved seats on the managing committees, as against one formerly. But they must earn the respect of the men on the managing committee by getting thorough knowledge of the various aspects of running a housing society.
• Members of scheduled castes, scheduled tribes, etc., who will get three reserved seats – enabling active participation in their society’s governance.
• Chartered Accountants, Advocates, Tax Practitioners, Society Managers and other professionals, who will play an expanded role in housing societies. They will have fresh avenues for earning by rendering new service, but they must understand their statutory responsibilities and legal liabilities, and also guide the office-bearers. Professionals must have a thorough grip of new laws and rules.

REGISTRATION FEES – Rs 1,900/-per head.

DISCOUNTS:

(i) Two or more members attending from the same society – Rs 1,500/- per head
(ii) Housewives and Retired Persons — Rs 1,300/- per head

(iii) PLUS EARLY-BIRD DISCOUNT: 10% discount on applicable fees for above-mentioned fees if you register on or before 21st April.

Fees are inclusive of lunch, tea and snacks & printed notes i.e. gist of MCS Act & Bye-laws, plus copy of Amended MCS Act & Bye-laws on CD.

FACULTY: Well-known experts & activists on co-operative housing societies, retired officers of co-operation department, etc.

To register, contact Mr Vishal Bamne on 9823911027 or 42551414, or email on mswa.hsg@gmail.com.

TOPICS TO BE COVERED:

• Historical background of co-operative movement, land owners’ societies & housing societies
• Objectives & scope of 97th Constitutional Amendment
• MCS (Amendment) Ordinance 2013
• New features of amended MCS Act 1960, their Impacts on co-operative enterprises and on housing societies
• New model bye-laws for CHS, highlights & impacts
• Positive & negative effects of the recent amendments on various stakeholders
• Further changes in MCS Act in near future — What is needed, what is likely scenario
• Members’ rights & responsibilities — active members, associate members, nominal members, etc.
• Managing committee & office-bearers duties & responsibilities
• Audit, AGM, Election Authority& Election Rules, filing of Annual Returns & consequences of non-compliance
• Seat Reservations for Women, SC/ST/OBC etc. – how to implement
• How to set up Grievance Redressal & Dispute Resolution Committee, and how it will function
• Forums of redressal for various disputes & grievances outlined in Model Bye-laws e.g. police, consumer court, co-operative court, civil court, office of dy. Registrar – Theory & Practical Realities
• Importance of people’s participation, how & where to make representations, how to create a public campaign to inform, educate & participate

Warm Regards,

Krish

9821588114

MUMBAI: A bill to make a major amendment in the state co-operative laws will not be passed in the budget session. On Wednesday, the assembly sent the bill to a joint select panel.

http://timesofindia.indiatimes.com/city/mumbai/Co-op-bill-will-have-to-wait/articleshow/19606734.cms

Almost all the housing societies are suffering from “EGOISM” and that is our main concern. Following is the list and directive on how to redress your grievances for settlement of disputes as per 97th Amendment. If we follow the provisions laid down in the 97th Amendment, the co-operative department which is running almost on the grievances and disputes in various co-operative societies including Housing Societies will definitely be spared for other constructive and productive work.

GRIEVANCES_SETTLEMENT_AND_REDRESSAL_as_per_97th_Amendment

J.B.Patel (Jeby) Housing Societies’ Activist! Mobile:9820538570

Here is a recent article in the Accommodation Times on the issue of Associate Membership in Co-operative Societies, their rights and duties and also the conditions under which they may be disqualified.

Click Here for the article written by V A Sherlelkar, Editor, Accommodation Times

Thanks to Accommodation Times for circulating the following article where a slight correction is made by me:
Adopt New Model Bye-Law before 30th April
Posted: 08 Mar 2013 11:29 PM PST
By Accommodation Times News Services

MCS Act 1960 amended as per 97th Amendment Ordinance – 2013 has come into force w.e.f. 15.02.2013. It has become necessity for all the co-operative housing societies to call for a Special General Body Meeting before 30.04.2013 to adopt the MODEL BYE – LAWS OF COOPERATIVE HOUSING SOCIETY AS PER 97TH CONSTITUTIONAL AMENDMENT and MAHARASHTRA CO-OP. SOCIETIES (AMENDMENT) ORDINANCE 2013. The agenda should be as following:

1) To discuss about the MODEL BYE – LAWS OF COOPERATIVE HOUSING SOCIETY AS PER 97TH CONSTITUTIONAL AMENDMENT and MAHARASHTRA CO-OP. SOCIETIES (AMENDMENT) ORDINANCE 2013 and adopt the same (copy of the Model Bye Laws is attached)
2) To appoint auditor
3) To appoint auditor from the penal approved by the co-operative department
4) One auditor can not continue for more than 3 years and can NOT take up auditing of more than 20 co-operative societies
5) To submit the copies of adopted Model Bye Laws to the concerned registrar’s office for approval.

All the societies whose term is over before this (15.02.0213) or is going to be completed within next six months must follow the above procedure immediately.

It is binding for all the societies to hold AGM before 30th September. There is no provision for extension.

The related Circular No. 503 dated 28.02.2013 issued by Deputy Registrar of K – West Ward

J.B.Patel (Jeby)
Housing Societies’ Activist!
Mobile:9820538570

Latest CHS Model Bye-laws – 2013

Comparison of Old 2009 and New 2013 Model Bye-Laws

K West Ward Circular in Marathi

K West Ward Circular translated in English