M-20 Bond FAQs

December 13, 2012 yazdi4 Comments

Q-01. Whether M-20 bond is compulsory for all the committee members?
Ans: MC Members of co-operative housing societies in Maharashtra are exempted from signing M 20 Bonds w.e.f. 06.09.2012.

02. What is the effective date for filing M-20 bond
Ans: Within forty five days of their election (Within 15 days in case of committees having assumed the office prior to 14.01.2011 and within 45 days in case of committees assuming the office after 14.01.2011 as per the Maharashtra co-operative societies (Amendment) Act, 2010 (MAHARASHTRA ACT NO.11 OF 2011) published in the “Maharashtra Government Gazette” Dated.14.01.201 1).
If the Managing Committee member fails to execute the bond within the specified period, then such member shall be deemed to have vacated his office as member of the Managing Committee.

03. Whether M-20 bond is to submit to registrar is compulsory.
Ans: Although Rule 58(a) says to notify the Deputy Registrar about M – 20 Bonds having signed, it is important to submit copies of M-20 Bonds to the registrar under acknowledgement.

Q – 04. When was this law is made (i.e. from which year is effective)
Ans: Signing of M – 20 Bonds for housing societies was given effect by Section 73(1AB) of the MCS Act., 1960 R/w Rule 58 (a) of MCS Rules, 1961 w.el. 23.08.2000.

05. Whether as on today this law is applicable.
Ans: No. Govt. has exempted co-operative housing societies from the provision of signing mandatory M-20 Bonds. The GR No. CSL – 2012 / P.R. 402 / 15 – S, Dated 06.09.2012 for exemption is announced using powers U/s. 157 of MCS Act, 1960 (1961 Mali 24)

Relevant all GRs available our Association office Contact 42551414

J.B.Patel (jeby)- HOUSING SOCIETIES ACTIVIST Mobile : 9820538570, Eamail : jebypatel@rediffmail.corn

Recommendation Circular for Co-op Societies in Maharashtra

November 7, 2012 yazdiLeave a comment

Enclosed is the Report and recommendations of the study group constituted by Government of Maharashtra on the suggestion of Up Lokayukta vide letter dated 15.06.2009 and headed by the additional Registrar (Recovery and planning), Co-operative Societies, Maharashtra State, Pune, submitted to the office of the Lokayukta on 27.11.2009.

Circular No. gruh / d-3 / housing / soc / takrarnivaran / 10, dt: 15/03/2010, Co-operative Commissioner and Registrar of Co-operative Societies, Maharashtra State, Pune – Click Here for English Version and Click Here for Original Marathi Version

This report includes the following issues :

Levy of penalty for remaining absent and not participating in elections of society
Provision for safety of members
Decision about the day and date of the AGM and managing committee meetings
Minutes of the managing committee meetings
Accounts of the society
Machinery for redressal
Registration of the Federation of co-operative housing societies at ward level
Appointment of Administrator
Audit of the accounts
Developing a computerized control system
Working of AGM / Management Body Meetings, including Video Shooting of Meetings
Appointment of the manager for the working of co-operative societies

Courtesy : J.B.Patel (Jeby) – 9820538570 – CHS Activist – RTI Union

Whether unutilised FSI belongs to the Society or Builder?

November 1, 2012 yazdiLeave a comment

This is a common complaint of the flat owners that builders insist on keeping unutilised FSI for themselves even after a society has been formed and the land conveyed. Sometimes flat owners do not read the agreement drafted by the builder while buying their flats. These agreements usually have clauses that the builder is entitled to all further FSI and other development rights that may occure on the land.

“when a purchaser is buying a flat; he is not only purchasing the flat but also acquiring an undivided right title and interest in the property.” In one of the judgment, the Maharashtra State Consumer Disputes Redressal Commission has ruled that after the registration of a housing society any balance unutilised residual floor space index (FSI) shall be available to the society and not to the builder. In the said matter when the District Forum directed the builder to enjoy the unutilised and future FSI. The housing Society aggrieved by the judgment went in appeal before the State Commission it was held that as per the MOFA provisions, after registration of the society, the builder cannot claim residual FSI or further FSI in the plot or layout. Any provision in the builders agreement for sale contrary to the statutory provision will not be binding on any flat purchaser or the society.

Click Here for the full story

How to Question your Co-operative Society

October 16, 2012 yazdi3 Comments

This article which appeared in Economic Times – Wealth dt. 15 October 2012 includes :

Rights of a Member
Whom to approach with your Complaint
Common Complaints
What is a fair maintenance charge
Some Court Judgements

Very interesting read

How to Question Your Housing Society – Times Of India

Ready Reckoner Rates for Maharashtra

October 13, 2012January 3, 2013 yazdi58 Comments

The following website has the Ready Reckoner Rates for Maharashtra, which includes Mumbai City and Suburbs, and also the detailed valuation rules :

http://www.igrmaharashtra.gov.in/eASR/frmMap.aspx

Very useful for valuation of property, calculation of Stamp Duty, etc.

Beware, the site opens in Internet Explorer and Firefox Browsers only !

Changes in Ready Reckoner rates in Mumbai and Suburbs – some indicative figures as on 2 Jan 2013:

Associate Member

October 5, 2012October 5, 2012 yazdiLeave a comment

How does one become an Associate Member ?

What are the rights of an Associate Member ?

Is he the Co-Owner of the property ?

Can he vote / become a Managing committee member ?

Click Here for the full discussion in English

Click Here for an article written by Mr Nandakumar Rege who is the president of Thane Housing Federation, in Loksatta. It is in Marathi

Penalising MC members for not supplying copy of documents

October 2, 2012 yazdiLeave a comment

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

Deputy Registrar can be PUBLIC INFORMATION OFFICER under RTI Act, 2005

October 2, 2012 yazdiLeave a comment

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

Co-operative Housing Societies covered under RTI Act ?

October 2, 2012 yazdi23 Comments

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