Classification of Co-operative Housing Societies is made in the Maharashtra Co-operative Societies Act 1960 and rule 10of Rules 1961.

1. Tenant Ownership Co-operative Housing Society in which land is holding on lease or independently. Houses are also own by the members.
2. Tenant Joint Ownership Co-operative Housing Society in which land and houses are owned by the society and house are allotted to the members
3. Other Co-operative Housing Societies-House Mortgage-age Society-House building Society

The main objects of the formation of a Housing Society are as under:

1. To obtain conveyance from the owner/Promoter (Builder), in accordance with the provisions of the Ownership Flats Act and the Rules made there under, of the right, title and interest, in the land with building/buildings thereon as described in the application for registration of the Society
2. To manage, maintain and administer the property of the society;
3. To raise funds for achieving the objects of the society.
4. To undertake and provide, for on its own account or jointly with cooperative institution, social cultural or re-creative activities
5. To do all things, necessary or expedient for the attainment of the objects of the society, as specified in the bye-laws

The Area of Operation of the Society is confined to the area in which it is located. The Society has to specify its Area of Operation in its By-laws while submitting its by-laws for approval before the Registering Authority during the registration of the Society. For the societies in Brihan Mumbai, they have to insert the City Survey Number/Gat Number and Ward in its Bye-laws. For the societies located at other places, they have to insert the City Survey Number/Gat Number and Municipal Corporation/City/Village, Taluka and District.

The term Chief Promoter is defined in the Bye-laws under Bye-law No. 3(iii). A “Chief Promoter” is a person who is elected by the Promoters, in their first meeting, or in their subsequent meetings in case the post of the Chief Promoter lies vacant, till the first general meeting of the Society.

The term Promoter is defined under Bye-law No. 3(xii) of the Model Bye-laws of the Society. A “Promoter” is a person, who signs the application for registration of the Society before the Registering Authority.

The term Builder-Promoter is defined under the By-law No. 3(xiii) of the Model By-laws of the Society. A “Builder- Promoter” means a person who constructs or causes to be constructed a block or building of flats or apartments for the purpose of selling some or all of them to other persons, or to a Company, Co-operative Society or other Association of Persons, and includes his assignees; and where the person who builds and the person who sells are different persons, the term includes both. For example, where the land owner gives the development rights of his plot to any other builder for constructing the building of the Society, the land owner and the builder both will be clubbed under the term Builder-Promoter.

If the building is built by the Builder and Developer than 60 per cent purchaser or promoter should be participated in the registration proposal

Sign of sixty per cent promoters/who participated in the registration proposal are necessary

Subject to the following orders the society having less than 10 members can found the only condition is that the built up area of each flat should not be more than 700 sq. ft. and the F.S.I. should not be balanced.

In such situation, the chief promoter of the society should submit the registration proposal to the concerned registrar in the category of builders’ non-co-operation.

It is necessary to pay the registration fee at the rate, prescribed by the government time to time. At present the rate of the registration fee is as under:

The said condition is applicable if the Authority who gave the financial assistant or land to the society laid down such condition.

Yes, if an application of membership is made before registration of society, then it would be feasible to the chief promoter to take sign on the “Y” form which is to be submitted to the registrar with the proposal of registration and to give its receipt.

The said act of the Chief Promoter can become the offence under section 146 of the Maharashtra Co. Operative Societies Act, 1960. Similarly prosecution may be file in the competent court against the chief promoter with the consent of the concerned Divisional Joint Registrar.

It is a sort of offence under section 146 of the Maharashtra Co-operative societies ACT 1960. Prosecution can be filed against such person by making formed application to the concerned Divisional Joint Registrar and with his consent.

The chief promoter no such rights. The chief promoter has a right to withdraw money before registration of society and with the prior consent of the registrar.

If the Registrar has not given his decision on the proposal of registration within the period of two months then the proposed should be submitted to the Sr. Officer within the 15 days of expiry of the two months period. If the Sr. officer has not given decision on this registration proposed within two months period, then it is presumed that deemed registration is executed under the provisions in the Maharashtra co. operative societies Act.

Divisional Joint Registrar, Co-operative Societies under section 152 of the Maharashtra Co. operative societies Act.

If builder promoters has not taken action for registering co. operative society in the prescribed time limit determined under section 10 of the Maharashtra Ownership Flat Act 1963 and under rule 8 of Rules 1964 made there under, then the registration of housing societies can be made without the co. operative of the builder/promoters. For this it is necessary that the gala owners should have to give notice as per conditions of agreement which is executed under section 4 of the Maharashtra Ownership Flat Act 1963 with Builder, Promoter, for forming co. operative society or association of Apartment.

In this notice it be note clearly that if builder, Promoter has not taken action for forming co. operative society in stipulated period, than further action for forming co. operative housing society will be done directly on the level of registrar, co. operative societies.

If builder promoters are not giving co. operation for registering co. operative housing society then in such situation, the gala holders should have to call primary meeting and select chief promoter. Thereafter they can seek permission to the registrar, co. operative societies for opening bank account by reserving the name of the proposed society for registration. It is necessary to submit a copy of the notice issued to the builder/promoter for formation of the society with other documents. When builder promoters not co. operative for forming co. operative society then the opportunity is given to the builder promoters and chief promoter of the proposed society (among the gala holder) to present their side and then only the following decision is taken on such proposal.

If building promoter are not co-operating for registration of society, then in the cases of registration the document no. 8, 9, 10, 11, 12, 13, 14, 15, of the document mention above could not be available the zerox copies of the said document can be available through the financial agencies if the gala holder have taken loan for galas. Hon’ble commissioner, co-operation and Registrar, Co-operative Societies, Maharashtra State, Pune has given decision that in the case of registration of society without co-operation of builder, if the above mentioned documents are not necessary for registration of society. The copy of the agreement executed with builder promoter shall be assumed. Similarly policy is decided that the chief promoter shall submit accusation certificate issued by the BMC and receipts of the taxes charged. Similarly in such cases the certificate from Architect and guarantee bond of builder promoter cannot be available. Instead of that following document are necessary for submission.

1. Application in format VI as per provision in the Maharashtra ownership Flat Act 1963 and rules 1964 and to stick the court fee stamp of Rs. 1000/- on it.
2. Guarantee bond the stamp paper of Rs. 20/- in format of the chief promoter registered before competed authority.
3. Affidavit on the stamp paper of Rs. 20/- of the chief promoter in prescribed format registered before the competent authority and relevant to it the details of the gala no. name of the purchaser, are of the gala, price of the gala, and the amount given to the builder promoters for registering the co-operative housing society in Appendix A is necessary.
4. Indemnity bond on the stamp paper of Rs. 200/- in the prescribed format registered by all gala holders before competent authority.
5. Zerox copy of the bill issued by the Municipal Corporation to each gala holder for charging tax.

For the change in the registered address of the Society, it has to follow the procedure as laid down under Rule 31of the Maharashtra Co-operative Societies Rules of 1961. Rule 31 of the Rules are reproduced as under:

Rule 31: Procedure for change of address of Societies:

1. Every Society shall communicate in writing to the Registrar its postal address as indicated in its Bye-laws registered under the Act and wherever applicable mention the name of the District, Taluka, Tahsil, Town or Village, Municipal Ward or Mohalla, Street, House Number and Postal Circle. While communicating the postal address of the Society, the Committee of the Society shall also send a copy of the resolution passed by it for adoption of the address communicated to the registrar.
2. On receipt of the Communication from the Society under Sub-Rule 1, the Registrar shall register the address communicated by the Society in a register to be maintained for that purpose and inform the Society of such registration.
3. Every change in its registered address shall be communicated by the Society to the Registrar in the manner laid down in Sub-Rule 1. Any such change shall not be treated as registered unless:
   1. It is indicated in the Bye-laws by amending them and the amendment so made is registered under the Act, and
   2. The change is registered in the manner laid down in Sub-Rule 2.
4. The registered address of a Society or such change therein as may be registered, from time to time, shall be exhibited on the notice board of the Society, immediately after registration

The Society has to intimate the Registering Authority and all others concerned about any change in the registered address of the society within 30 days of such change.

Under section 21 of the Maharashtra co-operative society Act 1960, the registration of the society becomes cancelled in the following situation.

1. If the society transferred its all property and dues to another society
2. If the society is amalgamate with another society.
3. If the society is divided in two or more part.
4. If the liquidation procedure of the society under section 109 of the Maharashtra cooperation society Act 1960 is completed.

The registration of a Society renders it to be a body corporate by the name under which it is registered, with perpetual succession and common seal and with power to acquire, hold and dispose of the property, to enter into contracts and other legal proceedings and do all such things as are necessary for the purpose for which it is constituted

The Common Seal of the Society has to be kept in the custody of the Secretary of the society and has to be used under the authority by means of a resolution of the Committee and the deeds of conveyance, share certificate or any other documents, to which the seal is affixed on behalf of the Society, which shall be attested by the Chairman, the Secretary and one member of the committee, authorized by the committee in that behalf.

The Function of the secretary of the society shall be those mentioned below:

1. To issue share certificates to members within the stipulated period and the prescribed manner.
2. To deal with resignations from members, including associate and nominal members.
3. To enter nominations and revocations thereof in the Nomination Register.
4. To inspect the property of the society.
5. To issue notices regarding repairs to be carried out in flats.
6. To deal with cases of expulsion of members.
7. To deal with cases of cessation of membership, including associate and nominal membership.
8. To deal with the applications for various purposes received by the society.
9. To prepare and issue demand notices/bills for payment of the society's charges.
10. To bring cases of defaults in payment of the society's charges to the notice of the Committee.
11. To issue letter of allotment of flats.
12. To issue notices and agenda of all meetings of the general body.
13. To record the minutes of all the meetings of the body.
14. To call the first meeting of the newly constituted Committee.
15. To issue notices of all the meetings of the Committee.
16. To attend meetings of the Committee and to record minutes thereof.
17. To maintain account books, register and other records, unless otherwise decided by the Committee.
18. To finalize account of the society in the required manner.
19. To produce records of the society before different authorities concerned with the working of the society with the consent of the Chairman.
20. To prepare the audit rectification reports in respect of audit memos received from the Statutory and Internal Auditors.
21. To bring breaches of the bye-laws by the members to their notices under instructions from the committee.
22. To discharge such other functions under the MCS Act, 1960 the MCS Rules1961 and the Bye-laws of the society and directions of the Committee and the general body meetings, as are not expressly mentioned hereinabove.
23. To place the complaint application with facts, before the Committee, in the coming meeting.

Subject to the Bye-laws 113, the committee shall exercise the power and discharge the functions and duties as mentioned hereunder:

1. To consider acceptance of deposits from members and rising of funds.
2. To consider and recommend to the meeting of the general body, the rates of contribution of the Repairs and Maintenance Fund and the Sinking Fund.
3. To consider all matters relating to the creation, investment and utilization of the Repairs and Maintenance Fund, Reserve Fund and Sinking Fund.
4. To consider and decide the resignations received from members, associate members & nominal members.
5. To ensure that nominations and revocations thereof are recorded in the minutes of the meetings of the Committee.
6. To take action on the report of the Secretary on inspection of the flats.
7. To take action on cases of cessation of membership, including associate and nominal membership.
8. To consider and decide the applications for various purposes received by the Society.
9. To consider and decide cases of refund of shares & interest in the capital/property of the Society where the shares and interest in the capital/property are acquired by the society.
10. To fix the rate of insurance premium in respect of commercial use of flats.
11. To fix in respect of every flat the society's charges on the basis of the proportion laid down under the bye-laws 69(a).
12. To review the position of recovery of the charges due to the society from the members and to initiate action against defaulting members.
13. To verify compliance of the provisions relating to charging of interest on defaulted charges of the society.
14. To authorize a member of the committee to attest deed of conveyance, share certificates and any other documents to which the seal of the society is affixed.
15. To issue letters of allotment of flats to those who have purchased flats from the Promoter (Builder).
16. To make available papers of the society for perusal if asked for by the members
17. To ensure holding of every annual meeting of the general body within the prescribed period.
18. To ensure that all matters required to be considered at an annual meeting of the general body is kept on the agenda of the meeting.
19. To call a special meeting of the general body when required.
20. To arrange for election of a new Committee prior to the expiry of the period of the existing committee.
21. To ensure that after elections new committee is duly constituted.
22. To elect office-bearers of the society.
23. To ensure that a meeting of the committee is held once in a month.
24. To fill in vacancies of the Committee.
25. To consider resignation of a member of the Committee.
26. To consider resignation of an office bearer of the society.
27. To obtain securities from the paid employees of the society.
28. To approve the audit rectification reports of statutory and internal audits and to forward them to the authorities concerned.
29. To execute deed of conveyance of the land and building / buildings thereon.
30. To take steps to maintain the property of the society in good condition and to carry out repairs to it & renewals thereof.
31. To insure the property of the society.
32. To suggest to the general body meeting the rates of penalties for breaches of bye laws and to issue show cause notices.
33. To regulate operation of the lift of the society.
34. To suggest to the meeting of the general body the games to be allowed to be played in the compound of the society.
35. To consider and decide any other matters provided under the MCS Act 1960, the MCS Rules 1961 and the Bye-laws of the society but not expressly indicated herein above.
36. To regulate parking in the society.
37. To ensure that the society is affiliated to Housing Federation and its subscription is regularly paid.
38. To take the decision on the complaint application in the managing committee meeting and inform the concerned member of its decision accordingly.
39. To enter into contract with the Architect of the society,
40. To scrutinise the tenders, received for construction work and to submit the same along with Committee's report to the meeting of the General Body and to enter into contract with the contractor.

The Secretary of the Society, on receipt of the applications has to scrutinise them and bring to the notice of the members concerned any shortcomings therein within 7 days from the receipt of the same for compliance.

The Secretary has to place all the applications, whether complete in all respects or incomplete, before the meeting of the Committee or the general body, as the case may be held next after receipt of the applications.

The committee or the General Body, as the case may be, is liable to consider all the applications received from the members at its meetings and take decisions thereon.

The committee has to ensure that all the applications received by the Secretary of the Society are disposed off within a maximum period of 3 months from the date of their receipt.

If the Committee or the General Body, as the case may be, decides to reject any of the applications received from the members, it has to record, in the minutes of its meetings, the reasons for the rejection of the applications.

The Secretary of the Society has to communicate the decisions of the Committee or the General Body, as the case may be, to the applicants concerned within 15 days of the decisions taken by the Committee or the General Body, as the case may be, and with reasons, where the applications are rejected by the committee or the General Body, as the case may be. If however, the society does not communicate the decision to the applicant within three months from the date of receipt of application for membership, including nominal or associate membership, the applicant shall be deemed to have been admitted as a member as provided under Section 22(2) of the MCS Act 1960.

Eligibility for the membership in co-operative Housing Societies is mentioned in section 22(1) Accordingly, any person who is eligible for executing contract under Indian Contract Act 1872, Membership of the Co-operative Housing Society can get to any firm, company or society constituted by law or the registered under societies registration Act 1960 or society, registered under Co-operation law, State Government as Central Government, Local Authority Public Trust. However it is necessary that ownership rights as a flat owner or gala owner of the Housing societies should have to be acquired by legal documents In addition, the following conditions should have to be fulfilled for the membership under rule 19 of the Co-operative law.

1. It is necessary to make an application for membership in prescribed documents format with prescribed documents under bye-laws and co-operation Act for membership of society.
2. It is necessary to give an approval to the membership application first by the managing committee and by the general body meeting.
3. Necessary to have a eligibility under law, rues bye-laws

It is necessary to attached resolution giving powers with an application of membership by company, firm, trust local authorities etc. other than person.

If the society denied in accepting the application by forwarding such an application to the Dy/Assistant Registrar office under section 23 (1) (a), there is a provision to forward the same to the society through the office o f the Dy./Asstt. Registrar However, the cheque of the prescribed should also be attached with such an application Provision is there to give the said application in the prescribed format ‘H1’ under rule 19 A to the office obligatory to inform the division clearly to the member within in 60 days of the 60 days of the date of application received through the office of the Dy./Asstt. Registrar whether the society has approved the membership or not? And if the society has not given decision then the provision to appeal to the Dy/Asst Registrar has been provided in the same section.

If the Co-operative Housing Society did not convey the definite positive or negative decision regarding membership within 3 months from the date of receiving application for membership then by forwarding an application to the Dy/Asstt/ Registrar of the concerned Housing Society can demand for the Deemed Membership the Registrar may passed legitimate order in regard by taking an appeal of the applicant and member.

There are three types of membership of Housing Societies. They are as follow.

1. Member –
   Whose name id included in the registration proposal by the Society or who has given membership after registration, such person/Institute, trust company are called member sole name of such members is on the share certificate. Similarly if other persons are joint members with the than the members name is mentioned on sr. No. 1
2. Co. Member –
   If persons holding shares of the society jointly with original member then there name is on the sr. no. 2, 3, 4, 5 etc. serially.
3. Nominal Member –
   Nominal member means the membership given by the society without issuing shares or share certificate. Such membership is given under section 91 or under other sections to make it feasible in taking legal action under co. operative law. Housing societies can give such a nominal membership to tenant or care takes.
4. Sympathises Members –
   A person who agree with the object of the society is called sympathises member. However definition in this regard is not in the bye-laws of the housing societies.

Only member or in his absence and with his permission a co member can attend the meeting society’s general body meeting and can participate in the election as voter or candidate. It the co-member elected, he may also office bearer. However these rights are not available to the nominal member or sympathizer member.

Even if an application for membership of society is given and the society also approved it the member can exercise his right membership only after paying necessary fee to the society. Otherwise even though the society approves membership the right of membership could not be exercised till payment of necessary fee is made.

More than 50 percent membership cannot be given to the firm, companies in the co. operative Housing society.

A minor or a person of unsound mind who inherits shares and/or interest of a deceased member in the capital/property of the society, or if a minor or person of unsound mind is nominated, he may be eligible for admission to membership of the Society through his guardian or legal representative, on through an application in the prescribed form, along with submission of proper undertakings/ declarations, in the prescribed forms, as mentioned in the application.

In case the society has been given land by the Government/ CIDCO/ MHADA or any other authority for constructing houses thereon, then notwithstanding anything contained in the bye-laws, admission of a person to membership of the Society, direct or as a result of transfer of shares and interest of the existing member in the capital/property of the Society, shall be subject to the approval of the concerned competent authorities such as collector of the District.

The number of members in the Society is limited to the number of flats constructed in the building. Number of members in excess of the number of flats shall neither have any right, title or interest in the society’s property nor shall they be eligible for voting. It is binding on the committee to induct the members to the extent of the number of flats.

Those whose name is first on the share certificate he can exercised the right of membership.

if there is not NOC letter from the original member, then the society may deny the application of B. However if B gave his consent / NOC then B can be made co-member.

The society cannot approve the membership on the basis or power of Attorney.