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Monday, January 21, 2013

REGISTER YOUR SOCIETY It is vital to ensure that all procedures are strictly followed from the very start of a housing society

The process of registration of a Co-operative housing society starts from the working of the first general body meeting held prior to registration. In this meeting the chief promoter is primarily selected. In this meeting the necessary resolutions like opening the account in bank in the name of the proposed society and for obtaining permission for reserving the name of the society. It is of utmost necessity on the part of the concerned registrar to check and ensure the total number of flats/galas in the proposed society, how many members were present in the first meeting of the proposed society and have given their approval to the various resolutions. Otherwise one group starts the process of registration by passing the proposal/resolution in a minority. Thereafter the other group starts another process of registering the society in a different name by taking an independent meeting. To avoid disputes before registration, the registrar should not give permission for reserving the name of the society and to open the account in that name without checking original papers and without ensuring that the entire process of the first meeting is held in the presence of majority members. 

    The working transacted in the first meeting in respect of S.R.A./ SRD/MHADA recognised housing societies is especially very important... It has been also made obligatory to make available video shooting of the entire working of this meeting. Even then, if a dispute arises in this regard, then justice can be sought from the competent court as a dispute before registration of the society. 
PROCEDURES OF 
REGISTRATION OF 
CO-OPERATIVE HOUSING SOCIETY 
    
For registering the Co-operative Housing Society, the concerned Registrar, by scrutinising the proposal submitted after fulfillment of the above mentioned documents shall make an arrangement of issuing a certificate of registration under section 9 (1) of the Maharashtra Cooperative Societies Act 1960, and a copy of the registered bye-laws, memorandum regarding registration of society to the chief promoter. 
The order regarding registration of societies should have been sent for publishing in Government Gazette to the Government printing press for appropriate action. 
    The chief promoter should have to arrange the first general body meeting of the promoter members within three months from the date of registration of the society (under rule 59 of the Maharashtra Co-op Societies rules 1961.) and necessary resolution should be passed in this meeting. If such a meeting is not taken by the chief promoter, and a complaint is received by the concerned registrar, then, by appointing an authorised officer, such a meeting can be conducted under the chairmanship of the authorised officer. 
    If the registration of the society is denied, then it is necessary that by passing the written order in this regard by the registrar, and a copy of it should have to be given to the concerned. An appeal under section 152 can be filed before the immediate senior officer against this decision. 
    It is necessary to take a decision on the registration of the society within a period of two months from the date 
of the proposal of the society submitted to the registrar. If such a decision is not taken within two months, then it is necessary to send that proposal to the immediate senior officer. 
    If the registrar has not taken any action on the proposal received for registration under section 9 (2) of the Maharashtra Co-operative Societies Act 1960, as expected under this section within two months, then deemed registration of the housing society is presumed. 
    It could not be said that the officers from the Co-operation department will remain present in the meeting, therefore it should be noted in the memorandum of the registration that the office bearer representative of the District Federation, along with the officers from Co-operation department, be present in the first meeting so that information regarding procedure of working of the society and also bye-laws can be given to the members in the first meeting itself. 

SOURCE: CO-OPERATIVE HOUSING SOCIETIES MANUAL, MAHARASHTRA SOCIETIES WELFARE ASSOCIATION 

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BYTE 
THE PROCESS OF REGISTRATION OF A CO-OPERATIVE HOUSING SOCIETY STARTS FROM THE WORKING OF THE FIRST GENERAL BODY MEETING HELD PRIOR TO REGISTRATION


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