154B-1: Definitions
(1) “Allotee” means a member of a housing society to whom a plot of land or a site, or a
flat in a building or complex held by it, is allotted by the co-operative
society, or a person who has purchased a flat from the developer or competent
authority and joined as a Member of the society;
(2) “Architect” means a person registered as an architect under the provisions of the
Architects Act, 1972;
(3) “Association of society” means an association of, —
(a) not less than five registered co-operative housing societies,
(b) in which the voting rights are so regulated that the Members which are
housing societies have not less than four-fifths of the total number of votes
in the general meeting of such society;
(4) “Auditor” means a person or an auditing firm who or which has been empanelled on the
panel approved by the State Government under sub-section (1) of section
81;
(5) “Builder promoter” means, —
(i) a person who constructs or causes to be constructed an independent
building or a building consisting of flats, or converts an existing building
or a part thereof into flats including the re- development of building or
buildings, for the purpose of selling all or some of the flats to other
persons and includes his assignees; or
(ii) a person who develops land into a project, whether or not the person
also constructs structures on any of the plots, for the purpose of selling to
other persons all or some of the plots in the said project, whether with or
without structures thereon; or
(iii) any development authority or any other public body in respect of
allottees of, —
(a) buildings or flats, as the case may be, constructed by such authority or
body on
lands
owned by it or placed at its disposal by the Government ; or
(b) plots owned by such authority or body or placed at its disposal by
the
Government, for the purpose of
selling all or some of the flats or plots; or
(iv) an apex State level co-operative housing finance society and a primary
co-operative housing society which constructs flats or buildings for its
Members or in respect of the allottees of such flats or buildings; or
(v) any other person who acts himself as a builder, coloniser, contractor,
developer, estate developer or by any other name or claims to be acting as the
holder of a power of attorney from the owner of the land on which the building
or flat is constructed or plot is developed for sale; or
(vi) such other person who constructs any building or apartment for sale to
the general public;
(6) “Chief Promoter” means a promoter who has been elected so in the meeting of promoters for registration of a housing or premises society;
(7) “Corpus Fund” means payment received or receivable by the society from the developer in
lieu of surrendering its development rights of plot by way of registered
document or contributed by Members for any purpose as decided in general
meeting;
(8) “Co-operative Housing Association” means association of housing societies or other legal bodies for the
purpose of maintenance of common amenities or conveyance of land and common
amenities in respect of plot or layout;
(9) “Committee” means the managing Committee or other governing body of a society to which
the direction and control of the management of the affairs of a society is
entrusted to;
(10) “Committee Member” means a Member of the society who has been elected or co-opted or nominated
in accordance with this Act, rules and bye-laws of the society;
(11) “Defaulter” means a Member or flat owner or occupier who fails to pay the dues of the
society within three months from the date of service of bill or notice or due
date of payment, whichever is later;
(12) “Dues” means the amount payable by a Member or flat owner to the society and
demanded by the society by issuing bill or notice in writing and such demand
is based on the provisions of this Act, rules and bye-laws of the
society;
(13) “Flat” means block, chamber, dwelling unit, apartment, office, showroom, shop,
godown, premises, suit, tenement, unit or by any other name, means a separate
and self-contained part of any immovable property, including one or more rooms
or enclosed spaces, located on one or more floors or any part thereof, in
building or on a plot of land, used or intended to be used for any residential
or commercial use such as residence, office, shop, showroom or godown or for
carrying on any business, occupation, profession or trade, or for any other
type of use ancillary to the purpose specified ;
(14) “General Body” means all the Members of the society;
(15) “General Meeting” means meeting of General Body called and conducted in view of the
provisions of this Act, rules and bye-laws;
(16) “Housing Federation” means the State or District Federal Society notified by the Government in
the Official Gazette to be the representative of the registered Housing
Societies of the specified areas notified by the Government, from time to
time;
(17) “Housing Society” means a society, the object of which is to provide its Members with open
plots for housing, dwelling houses or flats; or if open plots, the dwelling
houses or flats are already acquired, to provide its Members common amenities
and services and to demolish existing buildings and reconstruct or to
construct additional tenements or premises by using potential of the land;
(a) “tenant ownership housing society” means a society the object of which is to allot the plots to its
Members to construct the dwelling unit or flats thereon or to allot the
dwelling units already constructed and where land is held either on lease hold
or free hold basis by the society and houses are owned or to be owned by the
Members ;
(b) “tenant co-partnership housing society” means a society the object of which is to allot the flats already
constructed or to be constructed to its Members and where both land and
building or buildings are held either on free-hold or lease-hold basis by the
society; and
(c) “other housing societies” means the house mortgage co- operative societies, house construction
co-operative housing societies and premises co-operative societies where all
the units are offices or commercial galas;
(18)“Member” means a person joining in an application for the registration of a housing
society which is subsequently registered, or a person duly admitted to
Membership of a society after its registration and includes associate or joint
or provisional Member ;
(a) “Associate Member” means husband, wife, father, mother, brother, sister, son, daughter,
son-in-law, daughter-in-law, nephew, niece a person duly admitted to
Membership of a housing society on written recommendation of a Member to
exercise his rights and duties with his written prior consent and whose name
does not stand in the share certificate;
(b) “Joint Member” means a person joining in an application for the registration of a housing
society jointly, which is subsequently registered or a person who is duly
admitted to Membership after its registration and who holds share, right,
title and interest in the flat jointly but whose name does not stand first in
the share certificate;
(c) “Provisional Member” means a person who is duly admitted as a Member of a society temporarily
after death of a Member on the basis of nomination till the admission of legal
heir or heirs as the Member of the society in place of deceased Member ;
(i) an individual, who is competent to contract under the Indian Contract
Act, 1872,
(ii) the State Government,
(iii) the Central Government,
(iv) a Hindu Undivided Family,
(v) a company registered under the law for the time being in force,
(vi) a firm registered under the Indian Partnership Act, 1932 or the Limited
Liability Partnership Act, 2008,
(vii) local authority,
(viii) an association of persons or body of individuals whether incorporated
or not,
(ix) a co-operative society registered under any law relating to
co-operatives,
(x) a public trust or family trust formed in accordance with a relevant
provision of law,
(xi) any legal body which can hold the immovable property, and
(xii) any entity as may be notified by the State Government, from time to
time;
(22) “Promoter” means a person intending to become a Member of a proposed society and who
becomes the Member on its registration
(23) “Proposed society” means the society the proposal of which is submitted by the builder
promoter or by the chief promoter to the Registrar and which has been granted
permission for reservation of name and opening account in bank in its name
154B-2.: Registration of co-operative societies
- No tenant co-partnership housing society shall be registered under this Act, unless it consists of at least five persons (each of such persons being a Member of different family) or at least fifty-one per cent. (Of total number of flats as per sanctioned plan) flat purchasers or intending Members and who are qualified to become Member under this Act, whichever is higher, joins the registration proposal of housing society to be registered.
- No tenant ownership housing society shall be registered under this Act, unless it consists of at least five persons (each of such persons being a Member of different family) or at least fifty-one per cent. (Of total number of plots as per proposed or sanctioned lay-out) plot purchasers and who are qualified to become Member under this Act, whichever is higher, joins the registration proposal of housing society to be registered.
- No Association of society shall be registered unless it has at least five housing societies as its Members.
- No Co-operative Housing Association shall be registered unless it has at least two housing societies or other legal bodies as its Members.
- Nothing in this section shall be deemed to affect the registration of any society made before the commencement of the Maharashtra Co-operative Societies (Amendment) Act, 2019.
- The word “limited” or "unlimited" shall be the last word in the name of every society with limited or unlimited liability, as the case may be, which is registered or deemed to be registered under this Act. Explanation. —For the purpose of this section, the expression “Member of a family” means a wife, husband, father, mother, dependent son or unmarried dependent daughter.
154B-3: Application for reservation of name and permission for opening
bank account
- For the purpose of granting permission to open an account in the bank and reservation of name of the proposed tenant co-partnership housing society or premises society, an application shall be made to the Registrar in the prescribed format and shall be accompanied with the copies of commencement certificate, or the building completion certificate given by the Architect and the copy of resolution of promoters electing chief promoter and authorizing him to make such application and on receipt of such application, the Registrar shall dispose of it within a period of thirty days from the date of its receipt.
- For the purpose of granting permission to open an account in the bank and reservation of name of the proposed tenant ownership housing society an application shall be made to the Registrar in the prescribed format and shall be accompanied with the copy of tentative lay-out plan certified by Architect or sanctioned lay-out plan and copy of resolution of promoters electing chief promoter and authorizing him to make such application and on receipt of such application, the Registrar shall decide it within a period of thirty days from the date of its receipt.
- For the purpose of registration of a housing society, an application shall be made to the Registrar in the prescribed format and shall be accompanied with documents as prescribed alongwith such fees as may be prescribed: Provided that, the application shall be signed by the minimum number of plot or flat purchasers or owners or intending Members as provided under foregoing section: Provided further that, for the registration of a Association of society or co-operative housing association, such application shall be signed by minimum number of authorized office bearers of different societies or legal bodies, as the case may be, as provided under foregoing section
154B-4.: Associate, Joint or provisional Member
- Notwithstanding anything contained in section 22, the society may admit any person as an associate, joint or provisional Member.
- Right to vote and contest the election shall be subject to the provisions of sub-sections (2), (3) and (4) of section 154B-11
154B-5 : Limit on Membership
A housing society shall not admit to its Membership persons exceeding the
number of flats or plots, as the case may be, available for allotment in that
co-operative housing society:
Provided that, a plot owners co-operative housing society may admit to its
Membership an organization (co-operative housing society, company,
association, etc.) of flat purchasers, in case the plot owner had constructed
and sold flats as per prevailing rules, in place of original plot owner
Member
154B-6: Co-operative education and training to Members, etc
(1) Every society may organise co-operative education and training, for
its Members, officers and employees through such State federal societies or
the State Apex Training Institutes, as the State Government may, by
notification in the Official Gazette, specify. Such education and training
shall, —
(i) ensure the effective and active participation of the Members in the
management of the society;
(ii) groom talented employees for effective management;
(iii) develop professional skills through co-operative education and
training.
(2) Every Member of the Committee, whether elected or co-opted, may
undergo such co-operative education and training.
(3) (a) Co-operative societies specified by Government shall contribute
annually towards the Co-operative Education and Training Fund, within such
period and at such rates as may be prescribed and different rates may be
prescribed for different societies or classes of societies and such
contribution shall be paid in the manner as may be prescribed.
(b) The Co-operative Education and Training Fund shall be used for the
purpose of promotion of co-operative movement in the State by way of education
of the Members and training of officers of the co-operative societies on
co-operative principles and management practices, and for the training and
incidental expenses borne by the institutions notified under sub-section
(1).
(c) The Co-operative Education and Training Fund shall be administered,
utilised, maintained and audited, in the manner as may be prescribed, by such
Authority or the Institution as may be notified by the State Government, in
this behalf.
(4) Where any society fails to pay the contribution towards the
Co-operative Education and Training Fund, within the prescribed period, the
amount of contribution due on the date of commencement of the Maharashtra
Co-operative Societies (Amendment) Act, 2019 shall be recoverable as arrears
of land revenue and on the Authority or the Institution notified in the clause
(c) of sub-section (3) making a report of such failure to the Registrar, the
Registrar shall, after making such inquiry as he deems fit, grant a
certificate for recovery of the amount due as an arrear of land revenue
154B-7: Restriction on transfer of share or interest of a Member.
Subject to the provisions of this Act, in case of a housing society, no
transfer of share or interest of a Member or the occupancy right, except the
transfer of his heir or a nominee, shall be effective unless, –
(a) the dues of housing society are paid;
(b) the transferee applies and acquires Membership of the co- operative
housing society in due course of time:
Provided that, the transfer of share or interest in respect of lease hold
properties shall be governed by the terms of the lease, which are not
inconsistent with lease of land to the co-operative housing society or with
lease by housing society to its Members.
Explanation. — For the purpose of this section, occupancy right shall not
include right of a tenant or a licensee on leave and license basis
154B-8: Rights of Members to inspect the documents.
(1) Every Member of a society shall be entitled to inspect, free of
cost, at the society’s office during office hours, or any time fixed for the
purpose by the society, a copy of the Act, the rule and the bye-laws, the last
audited annual balance sheet, the profit and loss account, a list of the
members of the Committee, a register of members, the minutes of general
meetings, minutes of Committee meetings and those portions of the books and
records in which his transactions with the society have been recorded.
(2) A society shall furnish to a Member, on request in writing and on
payment of such fees at such rate as may be decided by the Registrar, from
time to time, the copies of any documents mentioned in the foregoing sub-
section within forty-five days from the date of payment of such fees and when
the Society is assisted by the Government in the form of share capital, loan
and land, the said Society shall furnish such information within thirty days
from the date so requested by a member.
154B-9: Removal of a Member
When any question arises in respect of a Membership of a person as to whether
he has been duly admitted to the Membership of society or has been admitted in
violation of the provisions of this Act, rules and bye- laws, the Registrar
suo motu or on an application shall decide such question within three months
from the date of application and if he is satisfied that the person has been
admitted as Member in violation of provisions of this Act, rules and bye-laws,
pass an order to remove such person from Membership, but no such order adverse
to any such Member shall be given without giving him an opportunity of being
heard
154B-10: Rights and duties of Member
(1) A Member shall be entitled to exercise such rights as provided
under this Act, rules and bye-laws.
(2) Every Member of a housing society, whether registered before or
after the commencement of the Maharashtra Co-operative Societies (Amendment)
Act, 2019, to whom plot of land or dwelling units have been allotted, shall be
issued certificate of allotment by the co-operative housing society under its
seal and signature in such form as may be prescribed.
Subject to the provisions of the Transfer of Property Act, 1882 or the
Registration Act, 1908, any allotment (including re-allotment), of a plot of
land or dwelling unit in a building of a co-operative housing society to its
Member as per terms of allotment shall entitle such Member to hold such plot
of land or dwelling unit with such title, right and interest, as the case may
be.
(3) Except when there is a contract to the contrary, a Member of co-
operative housing society shall not be entitled to any title or interest in
any plot of land or dwelling unit in a building of a co-operative housing
society until he has made such payment as may be specified by the co-operative
housing society towards the cost of such plot of land or, construction of such
dwelling unit, as the case may be, to the co-operative housing society
(4) No Member shall be eligible for being appointed, nominated,
elected, co-opted or for being a Member of a Committee, if he is a defaulter
of the society.
(5) (i) It shall be the duty of the Member of the society to pay the
dues of the society within time as decided by society in its general
meeting.
(ii) Member shall vacate the flat when required for redevelopment of the
building or buildings of the society as decided in its general meeting.
(iii) Member shall perform his duties as provided in this Act, rules and
bye-laws.
(6) The Associate Member shall have right to contest the election to
the Committee with prior written consent of a Member.
(7) Any action contemplated against the original Member in the Act
shall be applicable to such an Associate Member
154B-11: Voting rights of Member
(1) No Member of society shall have more than one vote in its
affairs:
Provided that, every right to vote shall be exercised personally:
Provided further that, in the case of an equality of votes, the Chairman shall
have a casting vote in the meeting of a society.
(2) The Associate Member shall have right to vote with prior written
consent of a Member.
(3) The provisional Member shall have right to vote.
(4) In case of joint Member the person whose name stands first in the
share certificate, shall have right to vote. In his absence, the person whose
name stands second, and in the absence of both, the person whose name stands
next and likewise, who is present and who is not a minor, shall have right to
vote.
(5) In case of Association of society, authorised Member of member
society shall have right to vote.
(6) In case of company or firm or any other body corporate or local
authority or any legal body constituted under any law for the time being in
force, the authorised director or person or any one of the partners as
appointed by the firm, shall have right to vote.
A Member may transfer his share, right, title and interest of his property in
the society by way of registered document by following the due procedure as
provided in the rules or bye-laws
154B-13: Transfer of interest on death of a Member
On the death of a Member of a society, the society shall transfer share,
right, title and interest in the property of the deceased Member in the
society to a person or persons on the basis of testamentary documents or
succession certificate or legal heirship certificate or document of family
arrangement executed by the persons, who are entitled to inherit the property
of the deceased Member or to a person duly nominated in accordance with the
rules:
Provided that, society shall admit nominee as a provisional Member after the
death of a Member till legal heir or heirs or a person who is entitled to the
flat and shares in accordance with succession law or under will or
testamentary document are admitted as Member in place of such deceased Member
:
Provided further that, if no person has been so nominated, society shall admit
such person as provisional Member as may appear to the Committee to be the
heir or legal representative of the deceased Member in the manner as may be
prescribed.
154B-14: Charge of society in respect of share and interest of Member
A society shall have a charge upon share and interest of a Member or past
Member or deceased Member to the extent of dues payable by such Member to the
society
154B-15: Creation of funds.
Every society shall create such funds as may be prescribed and also such other
funds as it may, from time to time, decide.
154B-16: Levy of charges by the society
Every society shall levy the charges as prescribed towards its such funds
created under section 154B-15.
154B-17: Investment of funds
A society shall invest or deposit its funds in one or more of the following:
—
(a) in a District Central Co-operative Bank, the State Co-operative
Bank, having awarded at least “A” Audit Class in last three consecutive years,
if no such Central Co-operative Bank is available in district, then any
Nationalised Bank;
(b) in any of the securities specified in section 20 of the Indian
Trusts Act, 1882;
(c) in the shares, or security bonds, or debentures, issued by any
other society with limited liability;
(d) in any other mode permitted by the rules, or by general or special
order issued in that behalf by the State Government
154B-18: Utilization of funds
Funds mentioned in foregoing sections shall be utilized for the purpose as may
be specified in bye-laws of the society:
Provided that, the corpus fund may be utilized for the purpose as may be
decided in the general meeting of the society.
(1) Committee shall consist of such number of Members as may be decided
by the State Government by notification or special order, from time to
time.
(2) The Committee of the society shall stand constituted on the date of
declaration of result of election to the Committee by returning officer where
more than two third of the Committee Members of the strength as may be decided
by the Registrar, from time to time, have been elected:
Provided that, in case two third is a fraction, it shall be rounded off to
next higher number.
(3) The term of the office of the elected Members of the Committee and
its office bearers shall be five years from the date of first meeting of newly
constituted Committee and the term of the office bearers shall be co-terminus
with the term of the Committee.
(4) Any casual vacancy in the Committee may be filled by co-option and
term of the co-opted Member shall be co-terminus with the term of the
Committee.
(1) Notwithstanding anything contained in this Act or in the rules made
thereunder or in any bye-laws of any society, on the Committee of such society
or class of societies as the State Government may, by general or special
order, direct, three seats shall be reserved for, —
(a) one Member belonging to the Scheduled Castes or Scheduled Tribes ;
(b) one Member belonging to the Other Backward Classes; and
(c) one Member belonging to the De-notified Tribes (Vimukta Jatis), Nomadic
Tribes or Special Backward Classes.
(2) Any individual Member of the society, or any elected Member of the
Committee or a Member society or any Member of the Committee of the Member
society, whether elected, co-opted or appointed under this section, belonging
to the Scheduled Castes or Scheduled Tribes, or Other Backward Classes or
De-notified Tribes (Vimukta Jatis) or Nomadic Tribes or Special Backward
Classes, shall be eligible to contest the election to a reserved seat and
every person who is entitled to vote at the election to the Committee shall be
entitled to vote at the election to any such reserved seat
Explanation. —For the purposes of this section, —
(a) a general or special order, if any, issued by the State Government under
section 73-B as it existed before the date of commencement of the Maharashtra
Co-operative Societies (Amendment) Act, 1983, shall be deemed to have been
issued under sub-section (1) of this section and shall continue to be in force
until duly repealed or amended;
(b) the expression “Scheduled Castes” includes “Nav-Boudhas” ;
(c) the expression “Other Backward Classes, De-notified Tribes (Vimukta
Jatis) and Nomadic Tribes and Special Backward Classes” means such classes or
parts of or groups within such classes as are declared, from time to time, by
the State government to be Other Backward Classes, De-notified Tribes (Vimukta
Jatis) and Nomadic Tribes and Special Backward Classes
154B-21: Reservation for women
(1) Notwithstanding anything contained in this Act or in the rules made
thereunder, or in the by-laws of any society, there shall be two seats
reserved for women on the Committee of each society consisting of individuals
as Members and having Members from such class or category of persons, to
represent the women Members.
(2) Any individual woman Member of the society, or any woman Member of
the Committee of a Member-society, whether elected, co-opted or nominated,
shall be eligible to contest the election to the seat reserved under
sub-section (1).
(3) Nothing in this section shall apply to a Committee of a society
exclusively of women Members
Till the time the Members of reserved categories are not available or elected
to fill the reserved seats as provided in sections 154B- 20 and 154B-21, such
reserved seats shall not be counted for strength of managing Committee for
composition of quorum for conducting its meetings
(1) Without prejudice to the other provisions of this Act or the rules
made thereunder, in relation to the disqualification of being a Member of the
Committee, no person shall be eligible to be appointed, nominated, elected,
co-opted for being a Member of Committee, —
(i) if he is a defaulter of any society, or
(ii) if he carries on business of letting, subletting and selling of flats in
the housing society of which he is a Member, or
(iii) if he has been held responsible under section 79, 88,154 B-8(2) or
154B-27 or for payment of cost of enquiry under section 85, or
(iv) if he has incurred any disqualification under this Act or the rules made
thereunder, or
(v) if he incurs any of the disqualification similar to that mentioned in the
provisions of clause (vii), (viii) or (ix) of clause (f) of sub-section (1) of
section 73CA.
(2) A Member, who has incurred any disqualification under sub-section
(1), shall cease to be a Member of Committee and his seat shall thereupon be
deemed to be vacant.
(3) A Member of a Committee who has ceased to be a Member thereof, on
account of having incurred disqualification under clause (ii), (iii), (iv) or
(v) of sub-section (1), shall not be eligible to be re-elected, re-co-opted or
re- nominated as a Member of Committee for five years from the date on which
he or she has so ceased to be a Member of the Committee.
(4) A Member of a Committee who has ceased to be a Member thereof, on
account of having incurred disqualification other than disqualifications,
referred to in sub-section (3), shall, unless otherwise specifically provided
in this Act, be eligible to be re-elected, re-co-opted or re-nominated as a
Member of Committee as soon as such disqualification ceases to exist.
154B-24: Motion of no confidence against officers of society
(1) An officer who holds office by virtue of his election to that
office shall cease to be such officer if a motion of no confidence is passed
at a meeting of a Committee by not less than two third majority of the
Committee Members who are present and entitled to vote at such meeting and his
office shall thereupon be deemed to be vacant.
(2) The provisions of sub-sections (2) to (7) of section 73ID shall
apply mutatis mutandis to such motion
154B-25: Management of housing society, housing complex, housing
association or housing federation
Management of housing society, housing complex, housing association or housing
federation shall be carried out in the manner as may be prescribed.
154B-26: Allotment of plots, flats or houses through draw of lots
(1) Except when there is a contract to the contrary, allotment of plots
of land, flats, house or other dwelling units shall be made by the Committee
of a housing society to the Members strictly on the basis of draw of lots in
respect of such Members whose enrolment as a Member of a housing society is
found proper in accordance with provisions of this Act and rules framed
thereunder and the bye-laws of a housing society duly registered.
(2) Every Member of a housing society, whether registered before or
after the commencement of the Maharashtra Co-operative Societies Amendment)
Act, 2019, to whom plots, flats, houses or other dwelling units have been
allotted, shall be issued certificate of allotment by the co-operative housing
society under its seal and signature in such form, on such terms and on such
conditions as may be prescribed. Such certificate shall be issued forthwith
when all the dues as may be determined and notified by the housing society are
duly paid by the Member
154B-27: Obligation of society to take action and Registrar’s powers to
enforce
(1) If any society is required to take action for performance of its
obligations, responsibilities and duties as provided in this Act, rules and
bye-laws or to execute the orders issued by the State Government or by the
Registrar, from time to time, and such actions are not taken or such orders
are not executed, the Registrar suo motu or on an application may issue
directions to take such action or actions or execute such orders
(2) Where any society is required to take any action or to execute the
orders as provided in the foregoing sub-section and such action is not taken
or orders are not executed, —
(i) within the time provided in this Act, rules or the bye-laws or in the
order, as the case may be ;
(ii) where no time is provided, within such time having regard to the nature
and extent of the action to be taken as the Registrar may specify by notice in
writing,
the Registrar may himself or through a person authorized by him take such
action or execute such order at the expense of the society and such expenses
shall be recoverable from the responsible officer of the society as if it were
arrears of land revenue:
Provided that, before issuing an order or direction and fixing the
responsibility of payment of expenses an opportunity of being heard shall be
given to the officer of society to whom the Registrar considers to be
responsible for not taking such action or not executing such orders.
(3) The Application submitted by a Member to the society for the
certificate or certificates for sale of his flat or mortgaging it for
obtaining loan or for any other purpose shall be decided by the society within
a period of thirty days from the date of receipt of such application and
decision thereon shall be intimated to him within a period of fifteen days. If
society fails to decide and intimate such application within such time or if
such application is rejected, the Member may file appeal to the Registrar for
appropriate relief within a period of three months from date of submission of
application to the society or within a period of two months from the date of
decision of rejection by society, whichever is earlier:
Provided that, every such appeal shall be disposed of by the Registrar within
a period of sixty days from the date of its receipt after giving opportunity
of being heard to all the parties
154B-28: Housing Federations, their powers and duties.
(1) Notwithstanding anything contained in this Act but subject to the
provisions of this section, the State Government may, by notification in the
Official Gazette, notify any society as a Housing Federation for the areas
specified in the notification.
(2) Every society may affiliate to notified Housing Federation of the
area wherein society is located.
(3) Every notified Housing Federation shall create the Education and
Training Fund.
(4) Every housing society in the areas for which Housing Federation is
notified under sub-section (1) shall contribute to the Education and Training
Fund maintained by the notified Housing Federation at the rate as may be
decided by the State Government by special or general order, from time to
time.
(5) Every notified Housing Federation shall utilise Education and
Training Fund for, —
(i) arranging seminars on issues related to housing societies;
(ii) imparting training to the persons to be appointed as managers or special
recovery officers and to the Members and officers of housing societies
(iii) any other purpose as may be notified by the Government from time to
time.
(6) (i) Every notified Housing Federation shall prepare, declare and
maintain the panel of managers and special recovery officers as per the
guidelines issued by the Registrar, from time to time.
(ii) The
Registrar suo motu or on an application may remove such person from the panel
maintained by Federation who, —
(a) has doubtful integrity, or
(b) has been convicted, or
(c) has been declared mentally incapable, or
(d) has misused his position while rendering his services, or
(e) failed to discharge his duties:
Provided that, such person shall not be removed without giving him a
reasonable opportunity of being heard.
(iii)
Required qualifications for the Auditors, Managers and Special Recovery
Officers shall be decided by the Registrar, from time to time.
(iv) Every notified Housing Federation shall apply to the Registrar for
delegation of necessary powers to the persons so trained as special recovery
officer for recovery of the dues of the affiliated societies
(7) Every society may, —
(i) appoint Special Recovery Officer from such panel for execution of
Recovery Certificates or Recovery Orders or decrees; and
(ii) appoint manager from such panel for maintaining records and books of
accounts of the society.
(8) Remuneration of Special Recovery Officers shall be decided by the
Registrar, from time to time.
154B-29: Recovery of certain sums and arrears due to housing societies as
arrears of land revenue
- Notwithstanding anything contained in sections 91, 93 and 98, on an application made by a housing society for the recovery of its dues or for the recovery of its repairs and maintenance, construction cost and service charges, and on the housing society concerned furnishing a statement of accounts and any other documents as may be prescribed, in respect of the arrears, the Registrar may, after making such inquiries as he deems fit, grant a certificate for the recovery of the amount stated therein, to be due as arrears. Explanation. — For the purposes of this sub-section, the expression “repairs and maintenance and service charges” means such charges as are so specified in the by-laws of the concerned housing society.
- Where the Registrar is satisfied that the concerned society has failed to take action under the foregoing sub-section in respect of any amount due as arrears, the Registrar may, on his motion, after making such inquiries as he deems fit, grant a certificate for the recovery of the amount stated therein, to be due as arrears and such a certificate shall be deemed to have been issued as if on an application made by the society concerned.
- A certificate granted by the Registrar under sub-section (1) or (2) shall be final and a conclusive proof of the arrears stated to be due therein, and the same shall be recoverable according to the law for the time being in force, as arrears of land revenue. A revision shall lie against such order or grant of certificate, in the manner laid down under section 154 and such certificate shall not be liable to be questioned in any court.
- It shall be lawful for the Collector and the Registrar to take precautionary measures in accordance with the provisions of the Maharashtra Land Revenue Code, 1966 or any law or provisions corresponding thereto for the time being in force, until the arrears due to the concerned society, together with interest and any incidental charges incurred in the recovery of such arrears, are paid, or security for payment of such arrears is furnished to the satisfaction of the Registrar.
154B-30: House building co-operative societies which have achieved their
objectives
In case of a house building society where all plots have been allotted to its
Members and basic civic service have been transferred to the local civic body,
the Registrar shall, after giving sixty days’ notice to the Committee,
initiate winding up proceedings and such co-operative house building society
shall be wound up:
Provided that, in the case of a co-operative house building society where land
has been allotted on perpetual lease, before passing winding up orders the
prior consent of the lessor shall be obtained:
Provided further that, where a house building co-operative society has been
provided land to run a club, school, community canter, dispensary or community
facility, etc., by the lessor, the above provision shall not apply to such
co-operative house building society, if the general body decides to run these
activities for the benefit of the Members and the residence
154B-31: Saving as to existing rules, orders, by-laws, etc
- The rules, orders, by-laws, circulars or instruments having the force of law and existing on the date of commencement of the Maharashtra Co-operative Societies (Amendment) Act, 2019, which are applicable to the societies governed by this Chapter on the date of such commencement, shall, until expressly repealed, modified or amended, continue to apply to the said societies.
- Every proceeding by or against the society and pending before any Court, tribunal or authority on the said date of commencement shall be continued and decided as if the provisions of this Chapter are not made applicable in respect of such societies.”.
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