Ø Registration of Society With Less Than 10 Promoters

      The condition for the registration of a Co-operative Society is that there should be at least 10 persons (each of such persons being a member of a different family), who are qualified to be members under the Maharashtra Co-operative Societies Act, 1960 and who reside in the area of operation of the society.

   

       A provision in the Bye-laws states that the number of members in the society should not exceed the number of flats. A situation may arise when a building consists of less than 10 flats as even after taking into consideration the F.S.I. available, construction of a building having 10 or more flats on the land is not possible. In such cases, in view of the restriction on the admission of persons to membership of the society beyond the number of flats, the registration becomes difficult. The promoters, however, prefer only a Co-operative Housing Society for the management of the property to any other from of organization.

 

      The cases of the type mentioned above could be dealt with under Section 7 of the Maharashtra Co-operative Societies Act, 1960. This Section empowers the State Government to exempt any society or class of societies, by general or special order from any of the requirements of the Maharashtra Co-operative Societies Act, 1960 as to registration, subject to such conditions, if any, as it may impose. This Section enables the State Government to allow registration of a Co-operative housing society with less than 10 promoters.

      The Agriculture and Co-operative Department of Government of Maharashtra by its Circular No.CHS-1094-/CR 277/14-C dated 10-3-1995 has laid down criteria for exempting Co-operative Housing Societies from the operation of the condition of having minimum 10 persons for the purpose of registration on the condition that an Architect gives a certificate that the entries F.S.I. has been exhausted and no further construction  is possible and that the carpet area of no flat in the building exceed 700 sq.ft.

Ø      Formulation Of Registration Proposals Where Builder Dose Not Co-operate

      On failure of the builder to form the society, purchasers have to take the initiative for the formation of the society. Before submitting the registration proposal for want of Co-operation from the Builder, a letter should be written to the Builder indicating the intention. A copy of such letter should also be endorsed to the Deputy/Assistant Register, co-op. societies of the Ward concerned with a request to call upon the Builder concerned to furnish explanation as regards his failure to comply with the provision of Section of the Maharashtra Ownership Flat, 1963. if the Promoters (Builders) refuse to extend their co-operation in formulating registration proposals, the from of affidavit and the letter to be given to the Deputy/Assistant Registrar C.S. in lieu of an undertaking by builder are contained in the ‘Z’ From.

      The Chief Promoter has to submit a number of documents, statements, undertakings etc. along with the registration proposal.

      The proposal for registration of a Society as submitted should be complete in all respects and the Registration Authority should be satisfied that:

      (a) The proposed society has complied with the provisions of the Act and the Rules and any other Laws for        the time being in force.

 

        (b) The proposed society has complied with the policy directions issued by the state Government under Section 4.

       (c) The Bye-laws being proposed are not contrary to the Act or Rules.