maharashtra Co-operative Housing Societies Faqs

download maharashtra Co-operative Housing Societies Faqs

of 21

Transcript of maharashtra Co-operative Housing Societies Faqs

  • 7/29/2019 maharashtra Co-operative Housing Societies Faqs

    1/21

    CO-OPERATIVE HOUSING SOCIETIES

    REGISTRATION

    1. What is the minimum number of promoters required to join the

    registration proposal?

    Ans:- 60% of the flat purchasers/ promoters are required to join the

    registration proposal if building is constructed by builder/developer.90% promoters are required to join the registration proposal for

    society of open plot type category.

    2. What is the minimum number of promoters required to sign the

    registration proposal ?

    Ans:- 60% of the promoters who have joined the registration

    proposal are required to sign it.

    3. Whether Co-operative Housing Society having less than 10 unitscan be registered ?

    Ans:- Cooperative Housing Society having less than 10 units can be

    registered subject to the following conditions:

    The built up area of each unit should not be more than 700 sq.ft.There

    should not be balance F.S.I.

    4. What is the remedy available , if the builder does not register a

    Co-operative Housing Society ?

    Ans:- Chief Promoter of the proposed society shall submit aregistration proposal of the co-operative housing society to the

    concerned Registrar under the category of non- co-operation of

    builder.Registrar may consider such a proposal for Registration onmerit.

    5. What are the conditions for registration of Cooperative Housing

    Society in private building?

    Ans:-* Conditions for registration of CHS in Private building

  • 7/29/2019 maharashtra Co-operative Housing Societies Faqs

    2/21

    * Registering authority can register CHS on merit if 90% of thetenants join the registration proposal.

    * Registering authority can register CHS on merit and with previousapproval of State Government if 75% to 90% of the tenants join the

    registration proposal.

    * Proposal for registration will not be entertained if percentage oftenants is below 75%

    * The Tenant promoter joining the proposed CHS shall have to agreeto contribute to the cost of flats of non joining tenants.

    * In case tenants have created sub tenancy in terms of Rent Act, sub

    tenants and not the tenants be allowed to join the proposed CHS.

    6. Whether the Chief Promoters has got authority to withdraw the

    money deposited in the bank in the name of proposed CHS ?

    Ans:- The Chief Promoter has got no power to withdraw such

    money. Before registration of the Cooperative Housing Society ,money can be withdrawn with the permission of the Registrar.

    7. What is the remedy available if the Registrar does not take any

    decision on registration proposal within a period of 2 months ?

    Ans:- Failure to dispose of the registration proposal of a housing

    society within a period of two months, the Registrar has to submit thesaid registration proposal to the next higher authority within a period

    of 15 days from the date of expiry of two months. On failure of suchhigher authority to dispose of the said registration proposal within twomonths from the date of receipt of the proposal to his office, the

    registration proposal shall be deemed to be registered under theprovision of the Maharashtra Cooperative Societies Act 1960.

    8. What is the remedy available if the registration proposal is

    rejected ?

    Ans:- Such rejection order can be challenged by filing appeal undersection 152 of the M.C.S. Act 1960 before the Divisional Joint RegistrarC.S. Of the concerned Division.

    9. What are the circumstances for de-registration of a CooperativeHousing Society ? And under which section ?

  • 7/29/2019 maharashtra Co-operative Housing Societies Faqs

    3/21

    Ans:- If the society is registered.On the misrepresentation made by the applicants, or

    The work of the society is completed or exhausted, or,The purpose for which the society has been registered are not served.

    Such societies can be de-registered under the provision of Section 21-

    A of the M.C.S. Act 1960.

    10. Under what circumstances registration of the CHS can be

    canceled ?

    Ans:- Registrar can cancel the registration of CHS under section 21

    of the M.C.S. Act 1960. Under the following circumstances :If a CHStransfer the whole of its assets and liabilities to another society or.

    Amalgamates with another society, or

    Divides itself into two or more societies or,Liquidation proceedings are terminated under section 109.

    11. What are the types of CHS ?

    Ans:- Rules 10 of the Maharashtra Cooperative Societies Rules 1961

    provides the following classification of the CHSTenants ownership Co-operative Housing Society.

    Land is held on lease hold or free hold basisHouses are owned or are to be owned by member.

    Tenants Copartnership Cooperative Housing Society.Both land and houses owned by society.Houses are allotted to members.

    Other Cooperative Housing Society.Houses mortgages societies

    Houses construction society.

    12. Whether promoters are required to submit their applications formembership to the Chief Promoter before registration of CooperativeHousing Society ?

    Ans:- Yes, all the promoters should submit their application for

    membership to the Chief Promoter before registration so s to enablehim to undertake about receipt of application for membership in the

    prescribed "Y" form to be submitted to the Registering Authority at the

  • 7/29/2019 maharashtra Co-operative Housing Societies Faqs

    4/21

    time of Registration.

    13. What remedy is a available if Chief Promoter does not

    deposit the share money collected from promoters in the Bank ?

    Ans:- Failure of Chief Promoter in depositing share money collectedfrom promoters of proposed CHS amounts to an offense u/s 146 of

    M.C.S. Act 1960.

    Chief promoter can be prosecuted in the court of law with previousapproval of Divisional Joint Registrar of concerned Division u/s 148.

    14. What remedy is available if any person collects share money or

    any other sum by misrepresentation to the propsective members inthe name of the society to be registered ?

    Ans:- It will amount to an offense u/s 146 of MCS Act 1960.

    Such person can be prosecuted in the court of law with provisionapproval of DJR of concerned Division u/s 148.

    GENERAL MEETING

    15. When the first General Meeting can be convened ?

    Ans:- The first General Meeting can be convened within a period of

    three months from the date of registration of CHS.

    16. Who can convene the first General Meeting ?

    Ans:- Chief Promoter of the CHS can convene the first General

    Meeting of the members.

    17. What is the remedy if the first General Meeting is not called byChief Promoter in time ?

    Ans On failure to call the first General Meeting of the CHS in time

    the said meeting can be called by Registering Authority.

    18. What business is to be transacted in the first General meeting ?

  • 7/29/2019 maharashtra Co-operative Housing Societies Faqs

    5/21

    Ans:- Following business shall be transacted in the first General

    Meeting Election of a president Admission of new members, ifapplications are received. Receiving a statement of accounts and

    report stating all transaction entered in by Chief Promoter upto 14

    days before the meeting Constitution of provisional committee for aperiod of one year.

    19. Who is responsible to convene the AGM ?

    Ans:- Rules 60 of the M.C.S. Rules 1961 provides that the secretary

    of the CHS is responsible to convene the AGM.

    20. What is the business to be transacted in AGM?

    Ans:- Following business is required to be transacted in AGM:-

    To receive a report of the committee together with statement of

    accounts for the preceding cooperative year/years.

    To consider audit report received from the Statutory Auditor forthe previous Cooperative year/years.

    To declare the result of election if held prior to AGM.

    To consider the appointment of Statutory Auditor.

    21. If the business on the agenda is partly transacted then what are

    the provisions?

    Ans:- If the business on the agenda of the general meeting of the

    CHS is partly transacted then the said meeting shall be postponed toany other suitable date, not later than 30 days from the date of the

    meeting as may be decided by the members present at the meeting.

    22. Whether the AGM can be adjourned due to want of quorum ?

    Ans:- AGM can be adjourned for want of quorumTo the time as may be specified in the notice on the same day or to a

    subsequent date, not earlier than seven days.

  • 7/29/2019 maharashtra Co-operative Housing Societies Faqs

    6/21

    Holding of adjourned meeting will not required quorum.

    23. What business cannot be transacted in AGM without due notice ?

    Ans:- Following business cannot be transacted in AGM without duenotice 1) Expulsion of members of the CHS

    Amendment of bye laws 2) Bifurcation, 3)amalgamation, 4)division ofthe CHS 5) Transfer of Property of the CHS.

    24. What is the minimum period of notice of AGM?

    Ans:- 14 clear days notice is required to be given for calling theAGM.

    25. Whether AGM is treated as invalid if the notice is not served to

    any members of the CHS?

    Ans:- Once AGM is called it cannot be treated as invalid unless anduntil such order are passed by the Cooperative Court.

    26. What is the period for finalizing the accounts of the CHS?

    Ans:- The period for finalizing the accounts of the CHS is 15th Mayevery year.

    27. What remedy is available if the accounts are not finalized

    before 15th May ?

    Ans:- On failure for finalizing the accounts of the CHS on or before

    15th May committee may appeal to the Registrar for extension of time.

    28. What remedy is available if the AGM is not called before 15

    August.?

    Ans:- Committee of the CHS may apply to the Registrar for extension

    of time on or before 31st July with a copy of resolution and requiredcourt stamp fee. Registrar may grant extension if request is genuine

    upto 14th November i.e for a period of three months.

  • 7/29/2019 maharashtra Co-operative Housing Societies Faqs

    7/21

    29. What action can be initiated on failure to call AGM before 14thAugust or extended period?

    Ans:- Registrar may disqualify the members of the committee who

    is responsible for calling such meeting to remain or to get elected to

    the committee upto a period of three years.

    30. What remedy is available for challenging the resolution passed in

    AGM.?

    Ans:- Resolutions passed in AGM may be challenged in the

    Cooperative Court under section 91 of MCS Act 1960. By filingdisputes.

    31. What remedy is available in case resolutions are not recorded

    modified altered deleted etc.?

    Ans:- Only remedy available is to file a dispute under section 91 ofthe MCS Act 1960 before the Cooperative Court.

    32. Resolution passed in AGM/SGM neither stayed nor set aside by

    Court, Whether it is obligatory on the members to follow it ?

    Ans:- Resolutions passed in AGM/SGM remains in force unless anduntil stayed or set aside by the Cooperative Court.

    33. When SGM can be called ?

    Ans:- SGM can be called at any time by the Chairman or themajority of the committee. SGM shall be called within a period

    ofonemonth On written requisition of 1/5 of the membersAt the instance of the Registrar or

    At the instance of the committee of the federal society.

    34. Who can call the requisitioned SGM ?

    Ans:- Secretary of the society can call the SGM under the intimation

    to the Registrar.

  • 7/29/2019 maharashtra Co-operative Housing Societies Faqs

    8/21

    35. What is the minimum notice period required to call SGM ?

    Ans:- The minimum notice period for calling such SGM is five days.

    36. Whether resolutions passed in AGM/SGM can be modified ?

    Ans:- Unless 6 clear months have expired after passing of the

    previous resolution no such resolution can be brought before theAGM /SGM for its cancellation or modification.

    37. Whether AGM/SGM not held in the premises of CHS can betreated invalid ?

    Ans:- AGM/SGM once held irrespective of the place of the meeting

    cannot be treated as invalid unless and until such order are not passed

    by Cooperative Court.

    38. Whether associate member can participate in business of

    General Meeting.

    Ans:- Yes, an associate member can attend and participate in

    business of General Meeting in absence of original member and withwritten consent given by original member.

    COMMITTEE

    39. What is the period of provisional committee ?

    Ans:- The period of provisional committee is of one year from thedate of which it has been first constituted.

    40. When the subsequent committee is constituted?

    Ans:- Subsequent committee is constituted after election to the

    committee as per approved Election Rules.Election committee is required to be constituted as per the provision of

    Section 73 of M.C.S. Act 1960.

    41. Which is the Competent Authority to challenge the election ?

  • 7/29/2019 maharashtra Co-operative Housing Societies Faqs

    9/21

    Ans:- Election of Committee or its member can be challenged byfiling dispute under Section 91 of M.C.S. Act 1960 before the

    Cooperative court.

    42. What are the disqualifications to elect or to remain on thecommittee ?

    Ans:- Bye laws No 118 provides one of the following disqualification to

    remain on Committee.

    1.Convicted of the offense2.Defaults the payment of dues to the society within three months

    form the date of service of notice in writing.Held responsible undersection 79 or 85 or 88 of the MCS Act 1960.

    3.Sublets flat without prior permission of the CHS.

    4.Remains absent for three consecutive meeting of the committee.

    43. What is the remedy available if the nomination to the

    election rejected by the Returning officer ?

    Ans:- An appeal under section 152 A of M.C.S. Act 1960 may be

    filed within a period of three days before the concerned Registrar fromthe date of rejection of nomination.

    44. If the member has paid his dues before the time of scrutiny ofnominations, whether he can qualify to contest election ?

    Ans:- If the member pays his dues before the time of scrutiny ofnominations , he becomes eligible to contest the election of

    committee.

    45. What is the remedy available if the committee members defaultthe payments of dues CHS?

    Ans:- A Committee member who defaults the payment of dues ofCHS incur disqualification to remain on committee.

    Remedy is to approach registering authority for removal of suchcommittee member u/s 78.

    46. A member of the committee make the default in the payment

  • 7/29/2019 maharashtra Co-operative Housing Societies Faqs

    10/21

    of dues of CHS and pays the same after some period, whether he iseligible to continue on the committee ?

    Ans:- Default of payment of dues incur disqualification to remain on

    committee. On the date of default such member ceases to continue on

    the committee and his seat shall be deemed to be vacant. Subsequentpayment of dues wipes out default but not disqualification. Such

    member is eligible for re election or co option on vacant seat onpayment of dues.

    47. Whether the member of the committee can be removed bypassing resolution in it ?

    Ans:- Committee has no authority to remove the members from its

    committee.

    48. What are the provisions for bringing no confidence motionagainst office bearers of CHS?

    Ans:- No confidence motion against president , Vice President ,

    Chairman, Vice Chairman Secretary or Treasurer can be moved. For

    calling such no confidence motion , request application in M-18 frombe signed by at least 1/3 members of the committeee and shall be

    submitted to the Registrar.Such meeting shall be presided over by the Registrar not below the

    rank of Assistant Registrar. On the date of passing the resolution by2/3 members present and voting the office of the office bearers standsvacated. If no confidence motion is rejected then no such resolution

    shall be brought within a period of 6 months from the date ofresolutions.

    49. Who can accept the resignation of Chairman of the CHS ?

    Ans:- The bye laws number 132 (a) provides that the Chairman of

    the CHS may tender his resignation to the Secretary of the CHS byaddressing a letter. The Committee can accept his resignation.

    50. Two whom the entire committee can give its resignation in

    such a case what is the remedy?

    Ans:- Resignation of the entire committee shall be placed before the

  • 7/29/2019 maharashtra Co-operative Housing Societies Faqs

    11/21

    General Body meeting. Even after acceptance of resignation of theentire committee by the General Meeting the are required to hold

    charge of the CHS till alternate arrangement are made.

    51. What actions can be initiated for not holding the election beforeexpiry of its term ?

    Ans:- Registrar can appoint an administrator in such a case.

    52. Whether the decision taken by the committee after expiry of itstenure and before constitution of new committee are treated as invalid

    ?

    Ans:- Section 77 of M.C.S. Act 1960 provides that the decision

    taken by the Committee under such situation cannot be treatedinvalid.

    53. What remedy is available , if the ex-committee refuse to handover the charge to the newly constituted committee ?

    Ans:- Officer of the newly constituted committee may apply to theRegistrar in detail for initiating action under section 80 of the M.C.S

    Act 1960 for seizure of documents with the help of police.

    54. What are the circumstances to appoint an administrator underSection 78 ?

    Ans:- Circumstances to appoint administrator under Section 78are :- 1) Committee or its member make default in performing

    duties. 2) The act of the committee or its member is prejudicial to

    the interests of the society. 3) Committee or its members willfullydisobeys directions issued by the State Government or by the

    Registrar 4) Committee or its members are not discharging its or hisfunctions properly 5) Committee or its member incur disqualification

    to remain on committee.

    55. What is the tenure of Committee ?

    Ans:- Tenure of the Committee is as per bye laws of CHS

    According to model bye laws tenure of the Committee is of 5 years.

  • 7/29/2019 maharashtra Co-operative Housing Societies Faqs

    12/21

    FUNDS

    56. How many funds are required to be raised by CHS. ?

    Ans:- Funds to be raised by CHS areThe repair and maintenance funds at the rate fixed by G.B. Meeting

    subject to the minimum of 0.75 % per annum of construction cost ofeach flat. Major repairs funds as and when required and decided by

    G.B. Meeting at the rate fixed on area basis.The sinking funds at the

    rate fixed by G. B. Meeting subject to the minimum of 0.25% perannum of construction cost of each flat. Reserve funds as provided u/s

    66 of the M.C.S Act 1960.

    57. What is the difference in utilization of repairs and maintenance

    fund and major repairs fund?

    Repairs and maintenance funds is utilized for meeting the expenditureon maintenance and normal repairs of the building of CHS by

    committee.Major repairs fund is utilized with priod approval of G.B for major

    repairs such as plastering, Colour of buildings etc.

    58. When Sinking Funds is to be utilized ?

    Ans:- Sinking funds is to be utilized on recommendations of architect

    and with prior approval of G.B. Meeting for meeting the expenditure on

    structural additions or alterations to the building /buildings of CHS.

    AMALGAMATION/AMENDMENT/ DIVISION

    59. What is the procedure for amendment of bye laws of CHS?

    Ans:- Information of amendment shall be communicated to all

    members by giving 14 clear days notice of the proposed GeneralMeeting. Resolution is required to be passed by not less than 2/3

    majority of the members present and voting in General Meeting. Theproposal for amendment of the bye laws shall be submitted for

    registration within two months in the prescribed forms from the date

  • 7/29/2019 maharashtra Co-operative Housing Societies Faqs

    13/21

    of meeting.Amendments become effective after approval and registration by the

    Registering Authority.

    60. What are the circumstances of amalgamation or division of the

    CHS ?

    Ans:- CHS can be divided under the following circumstances

    There shall be two or more different buildings.Each building shall have separate water tanks and water connections.

    There shall be a separate assessment by the local authority.

    61. What is the procedure for divisions of the CHS?

    Ans:- Committee may apply to the Registrar

    Committee shall convene SGM by giving 15 days clear notice to themembers and creditors. Resolutions for division shall passed by 2/3 of

    the members present and voting in such a meeting. Such resolutionshall contains the details of scheme of division of the society. After the

    meeting of the SGM notice in "G" form shall be given to all the

    members and creditors. Exhibit the notice on the notice board of thesociety as well as in the office of the Registrar and publish the same in

    at least one local newspaper inviting objections with in a period of onemonth. If objections are not received within a period of one months

    from the date of notice, it will be presumed that the member/creditorhave not objection for such divisions.

    MEMBERSHIP

    62. Who can become member of the CHS ?

    Ans:- Member who fulfills the following conditions can becomemember of the CHS. 1) A persons who is competent to contact under

    the Indian Contract Act 1872 or2) A firm company or any other body corporate constituted under any

    law for the time being in force, or 3) a society registered under the

    societies Registration Act 1860 or,A society registered or deemed to be registered under MCS Act 1960

    or 4) A State Government or the Central Government or 5) A localAuthority or 6) A public trust registered or to be registered.

  • 7/29/2019 maharashtra Co-operative Housing Societies Faqs

    14/21

    63. What procedure is required to be followed by a person to become

    a member of a CHS.?

    Ans:- Procedure for becoming member.

    An application in the prescribed form giving complete details shall besubmitted to CHS shall pay the value of five shares of Rs 50/- each

    along with payment of Rs 100/- towards entrance fee. Undertaking asprescribed in the byelaw are to be submitted alongwith the copy of

    stamped and registered purchased agreement.

    64. What is a remedy available , if a society refuse a membership ofthe member?

    Ans:- A person whose membership application is not accepted byCHS may apply to the Registrar u/s 23 (1A) in the prescribed H-1

    form.

    65. What are the conditions to become associate member ?

    Ans:- To become associate member person shall submitAn application in prescribed form as provided in the model bye laws to

    the society. No objection certificate from the original member Entrancefee Rs 100/-

    66. Flat is purchased by "A" and "B jointly who case exercise the

    right for membership?

    Ans:- Person whose name stands first in the share certificate shall

    exercise the right of the membership in the CHS.

    67. What are the rights of associate member?

    Ans:- Associate member may exercise the right of membership , iforiginal member has authorized him in writing.

    68. Whether a member of the CHS has right to see books and

    records of the CHS and obtain its copies ?

    Ans:- Section 32 of the MCS Act 1960 provides the right to the

  • 7/29/2019 maharashtra Co-operative Housing Societies Faqs

    15/21

    member to see the books and account of the society and obtain copiesof the documents on payment of copying charges as prescribed in the

    bye laws.

    69. If a member has submitted two nominations on the differenttimes nominating different persons, which nomination will be treated

    as valid ?

    Ans:- Bye law No 32 provides that the latest name of nominee will be

    treated as valid.

    70. Whether NOC of CHS is required to sell the Flat ?

    Ans:- Such NOC is not required as per model bye laws.Member shall inform his intention for sell of his flat as provided under

    Rule 24 of the MCS Rule 1961.

    RECOVERY OF DUES

    71. Whether the managing Committee is empowered to collect

    transfer premium more than Rs 25000/- if general body passed suchresolution.?

    Ans:- Bye law number 38 provides that the CHS may collect amount

    of premium at the rate to be fixed by the General Body meeting butwithin the limits as prescribed under the circular issued by the

    Department of Co-operation, Government of Maharashtra from time totime and therefore the general body's resolution contradicting the

    Government circular shall not be acted upon. The maximum limit laid

    now currently is Rs 25,000/- towards amount of the preminu.

    72. Whether the managing committee can charge the transfer

    premium in case of mutual exchange of flat by members ?

    Ans:- Bye law No 38 bars the CHS for collecting transfer premium for

    mutual exchange of flat amongst the member in the CHS.

  • 7/29/2019 maharashtra Co-operative Housing Societies Faqs

    16/21

    73. Whether the managing committee of CHS has authority to collect

    the transfer premium for transfer of flat in family member ?

    Ans:- Bye law No 38 bars the CHS for collecting transfer premium

    for transfer of flat to family members.

    74. Whether member can transfer share or his interest within a

    period of one year ?

    Ans:- Section 29 (2) provides that member cannot transfer any share

    held by him or his interest in the capital or property unless and untilhe has held such share or interest for a period of one year.

    75. When non occupancy charges can be collected by CHS ?

    Ans:- Non occupancy charges can be collected by CHS only when

    member has rented out his flat or given on leave and license basis.

    76. How much non occupancy charges can be collected by CHS ?

    Ans:- Non occupancy charges can be collected to the extent asdecided by the General body meeting but not more than 10% of the

    service charges as has been stated in the circular dated 1st of August2001 issued by State Government.

    77. Whether water charges are to be levied to the shop /office

    members ?

    Ans:- Bye law no 69 provides that water charges can be charged on

    the basis of total number and size of inlets provided in each flat.Therefore , water charges shall be levied from those unit holders who

    have supplied water connections only.

    78. There are two buildings in a society. One is provided with liftand other is without lift . Whether the lift charges are to be levied to

    the members of building having no lift.?

    Ans:- The member of building , which does not have lift provision ,

  • 7/29/2019 maharashtra Co-operative Housing Societies Faqs

    17/21

    need not be charged the lift charges.

    79. Whether the managing committee of the CHS can chargescompound interest ?

    Ans:- Managing committee can charge simple interest as provided inbye law no 72 and not the compound interest.

    80. What is the remedy available to the managing committee of the

    CHS for recovery of dues of the CHS.?

    Ans:- Managing committee shall issue demand notices to the

    members concerned. On failure to pay the dues by members, , CHSmay file proceedings u/s 101 of the M.C.S. Act 1960 for recovery of

    dues.

    81. What remedy is available if member have not made the paymentto CHS prior to registration of CHS ?

    Ans:- For recovery of dues of CHS prior to its registration, the

    remedy available is to file a suit in the Civil Court against the

    defaulters.

    82. Whether the member can withheld the dues of CHS if his

    complaints are not attended to by the managing Committee ?

    Ans:- Member cannot held dues in such case.

    Member can approach the Competent Authority as enumerated in thebye laws no 175 of Model Bye laws.

    83. What remedy is available for recovery, if member is not traceable

    ?

    Ans:- If member is not traceable to issue notice for recovery of hisdues, the CHS can publish a notice in the newspaper and thenproceed accordingly as per S 101 of the MCS Act.

    84. Whether society can disconnect the water supply of member fornon payment of dues ?

  • 7/29/2019 maharashtra Co-operative Housing Societies Faqs

    18/21

    Ans:- CHS cannot disconnect the water supply of members.

    85. What is the remedy available to the member to recover his

    excess payment from the CHS?

    Ans:- Member may file dispute u/s 91 of MCS Act 1960 in the

    Cooperative Court. Registrar has no authority to decide the question ofsuch excess payment u/s 101 of MCS Act 1960.

    86. What remedy is available to recovery the dues after expulsion ofmember ?

    Ans:- Dues of members can be recovered from sale proceeds of flat

    of expelled member.

    87. Member sells his flat without paying the dues of CHS.Incoming member denies to pay the dues.What is the remedy ?

    Ans:- Dues can be recovered from incoming members by filing

    proceedings u/s 101 of the MCS Act 1960.

    REPAIRS

    88. What remedy is available of CHS is not carrying out repairs of theflat ?

    Ans:- Member may file dispute u/s 91 of the MCS Act 1960 beforeCooperative Court.

    89. "A" is the member living in the upper flat, he does not carry outany alteration / modificiation and leakages started in the lower flat due

    to structural defects. Whether such leakages can be repaired from thefunds of the CHS.?

    Ans:- Such type of repairs can be carried out from funds of the CHS.

  • 7/29/2019 maharashtra Co-operative Housing Societies Faqs

    19/21

    90. Whether a member can claim compensation to repairs carried outby him which is supposed to carried out by CHS from its own fund.

    Which is the proper authority ?

    Ans:- For compensations of the repairs carried out by member of

    behalf of the CHS , he may file dispute in the Cooperative Court u/s91of MCS Act 1960 if CHS refuse to give him required credit.

    Documents to be maintain with CHSL

    Accounts Books & Documents

    1. The Cash & Bank Book2. The General Ledger.

    3. The Personal Ledger (Member wise Monthly collectionRegister)4. Bill Register ( Month Wises charges register)

    Registers And Other Records

    1. Register of members in I form prescribed2. The List of J form prescribed

    3. The Property Register4. The Share Register5. The Sinking Fund Register6. The Audit Rectification Register in O Form7. The Investment Register8. The Nomination Register9. The Loan Register (if Loan Is raised)10. The Mortgage Register (if Property is Mortgage)11. The Minutes Book for managing Committee

    Meetings12. The Minutes book for General Body Meetings13. The Register of deposits made with the local

    Authority, Electric Supply company and say otherauthorities

    14. The Register of Furniture, Fixtures and OfficeEquipments

  • 7/29/2019 maharashtra Co-operative Housing Societies Faqs

    20/21

    15. The Register of Library Books16. The Register of Allotment of Flats17. Structural Audit Register(Wherever Applicable)

    Files

    1. Application For Membership2. Application for Associate Membership3. Application for Nominal Membership4. Letter of Resignation from membership including

    resignation from a associate and nominal membership.

    5. Application for Transfer of Shares and/or interest in theCapital. Property of the Society.6. Case of Expulsion of Members.7. Nominations made by members including revocation

    thereof.8. Separate file for correspondence entered into with each

    member9. Correspondence with Registering Authority.10. Correspondences on Property Taxes including

    Non-Agricultural Taxes.11. Correspondences on Water Charges.12. Correspondences on Electricity Charges.13. Correspondences regarding Conveyance of

    Property14. Agreements, Contract Deeds with Papers

    connected thereto15. Approval plan of Construction and

    Correspondences thereon

    16. Application of exchange of Flat.17. Correspondences about allotment of Flat.18. Application for allotment of parking space and

    stilts.19. Vouchers along with bills, relating thereto-

    arranged in order of entries in the cash book and theJournal.

  • 7/29/2019 maharashtra Co-operative Housing Societies Faqs

    21/21

    20. Counterfoils of Challans for credits of amount intothe bank, arranged in order of dates of Credits.

    21. Counterfoils of Cheque Issued.22. Counterfoils of Share Certificate.

    23. Applications for Duplicate Share Certificate.24. Application for Registration of Society, the copy of

    the Bye-Laws and Amendment thereto25. A Certificate of Registration Duly Framed.26. Counterfoils of receipts or carbon copies of

    receipts issued by the Society27. Counterfoils of bills or carbon copies of bills for the

    Society Charges.28. Correspondence about Loans received and

    property of the Society mortgaged.29. Notices and Agenda of the Meetings of the General

    Body Meetings30. Periodical Statements of accounts prepared by the

    Society31. Committee annual reports on the working of the

    Society32. Audit memos received from the statutory Auditors

    with rectifications report thereon

    33. Audits Reports received from Internal Auditors,with rectification report thereon

    34. Notices and agenda of the Meetings of theCommittee

    35. Papers pertaining to the Election of the Committee