Monday, January 17, 2011

REGISTRATION OF HOUSING SOCIETY (PART 2)

PART 2

TYRES OF SOCIETY

 A Society is categorized on the basis of its objects. There are various types of societies that can be formed under Maharashtra Co-operative Societies Act, 1960. Housing Society is one of the types of societies registered under the Act.

TYPES OF SOCIETY

A co-operative society is registered and classified on the basis of its objectives.

Apart from the multi-state and apex societies, the main categories of societies are enumerated below:

(a)    Agricultural Marketing Societies;
(b)   Consumer Societies;
(c)    Co-operative Bank;
(d)   Central Bank;
(e)    Crop Protection Societies;
(f)     Farming Societies;
(g)    Lift Irrigation Societies;
(h)    Processing Societies;
(i)      Producer’s Societies;
(j)     Credit Societies;
(k)   Housing Societies;
(l)      General Societies.

HOUSING SOCIETY

As per section 2(16), “Housing society” means a society, the object of which is to provide its members with open plots for housing, dwelling house or flats; or if open plots, the dwelling house or flats are already acquired, to provide its members common amenities and services. 

TYPES OF HOUSING SOCIETIES

v  Flat Owners Societies: A society formed by different purchasers of the residential tenements under MOFA [Maharashtra Ownership Flats (Regulation of Promotion of Construction, Sale, Management and Transfer) Act, 1963]. The Object of a flat owners society is to obtain the conveyance of the plot along with the building containing the tenements thereon and to manage, maintain and administer the same.
v  Open Plot Society: A society formed by a group of individuals with the objective for acquiring a plot of land, constructing tenements thereon and administering, maintaining & managing it.
v  Tenants Societies: A society formed by the tenants of a building with the objective of acquiring a plot of land managing, maintaining and administering it.
v  Housing Board Society: A society formed by allotees of flats in a building constructed by the Maharashtra Housing and Area Development Board Society (Housing Board). Such a housing board society acquires the plot of land with a building thereon from the board and its objects include the management, maintenance and administration it.
v  Premises Society (General Type): A ‘General Society’ is a type of society similar to a Housing Society. Commonly it is known as a ‘Premises Society’. The purchasers of commercial or industrial tenements under MOFA constitute a General Society. the objectives of a general society are similar to those of flat owners society.

MEMBERS OF SOCIETY

As per section 6(1) of the Maharashtra Co-operative Societies Act, at least 10 persons are required to from a co-operative society. However, a lift irrigation society consisting of even 5 or more persons may be registered. There is no maximum limit on the membership of a co-operative society. To make a society viable and to keep it free from dispute and differences by policy, different limits for maximum members have been evolved.


REGISTRATION OF SOCIETY

The following Sections of the Maharashtra Co-operative Societies Act, 1960 provides for the procedure for registration of a society.

Section
Particulars
4
Societies which may be registered
5
Registration with limited/ unlimited liability
6
Conditions of registration
7
Power to exempt societies/ class of societies from conditions as to registration
8
Application of registration
9
Registration
10
Evidence of registration
11
Power of registrar to decide certain questions


JURISDICATIONB FOR REGISTRATION

For the purpose of registration of societies, the city of Mumbai has been divided as per the Municipal Wards. the Deputy / Assistant Registrar of each ward is the registration Authority (RA) of the co-operative societies in that particular ward. Normally the office of such RA is situated within the limits of the respective ward. However   if no space is available for the office of the RA in any ward, the office of the RA is the office of the Deputy Registrar of Co-operative Societies, Malhotra House (India House), 6th Floor, Opposite GPO, Mumbai.

ADDRESS OF REGISTRAR’S OFFICE

The Registrar of Co-operative Societies
Malhora House, 6th Floor, Opp. GPO, Mumbai-1, Tel: 22618471


Divisional Joint Registrar of Co-operative Societies
Vardhavat Mansion, Shivaji Path, Thane, Tel: 25331486


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