Monday, January 17, 2011

REGISTRATION OF HOUSING SOCIETY (PART 1)

REGISTRATION OF HOUSING SOCIETY

PART 1

INTRODUCTION TO CO-PERATIVE SOCITIES
INTRODCTION
Co-operative movement in our country shall not only say but also grow in times to come. In site of the drawbacks experienced in the working and administration of the co-operative societies, they have positively contributed to the growth and development of the national economy. Promotion of thrift, self-help and mutual aid are the fundamental principles of o-operation. The orientations of commercial organization and co-operative organizations are basically different. In a commercial organization, earning and maximizing the profits is the sole motive; whereas in a co-operative organization profit cannot be the sole motive. The prime objective, in addition to the three fundamentals of co-operation mentioned above are make available the goods and in required quantity, of better quality and at a reasonable price to its members. It does not mean that a Co-operative Society is a charitable organization. It should, therefore conduct itself in a business like manner in attaining its objectives efficiently.

 Broadly speaking three are sectors operating in the Union of India.
1.      PUBLIC SECTOR wherein the State i.e. the Union of India and the respective State government undertake developments projects which are wholly owned by either Central Government or the State Government.
2.      PRIVATE SECTOR which is a sector where private enterprises are permitted certain fields of economic activities.
3.       CO-OPERATIVE SECTOR which is beautiful blended in between a public sector. It has benefits of both the sectors and disadvantages of nether of them.

ACT & RULES APPLICABLE

A Co-operative Society functions as per the provisions of
1. Co-operative Society Act under which the same is registered.
2. Co-operative rules made there under
3. Bye-laws approved by the registrar at the time of registration and amendments made  from time. to time and approved by the registrar.
4. Notification and Orders
We are explaining the same in detail as under:

1.      Co-operative Society Act
We have a number of Co-operative Society Acts functional in different states like
_      Maharashtra Co-operative Society Act, 1960,
_      Pondicherry Co-operative Society Act, 1972,
_      Karnataka Co-operative Society Act, 1959,
_      Delhi Co-operative Society Act, 1972,
_      Karalla Co-operative Society Act, etc.
When the area of operation is restricted to one state, the State Co-operative Act & Rules, under which the society is registered, will be applicable.

In a particular state, if Co-operative Act and Rules is not enacted, the Central Act which is known as the Co-operative Act, 1912 and its rules will be applicable.

When the area of operation of Society is spread in two or more states. The Multi- State Co-operative society act, 1984 and its rules shall be applicable.

2. Co-operative Society rules

A set of rules is also framed under the respective states C-operative act for procedural aspects.

3.Bye-laws
Each society also registered with the bye-laws for internal management of the societies duly approved by the registrar at the time of registrar of the society. The bye-laws of a society constitute a contract between a member and the society and it provide for the management of the society. The bye-laws are framed within for  the Act rules there under bye-laws include the  object of the society and completely define and restrict the society’s activities, but the right and liabilities of members are determined by the Act and rules and not by the bye-laws as such.

4.Notification and Orders:
Issued from time to time by the Government, or any other Authority as prescribed under the act, Rules there under.



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