Thursday, January 27, 2011

REGISTRATION OF HOUSING SOCIETY (PART 6)



(V) REGISTRATION PROPOSAL:
The fifth and final step is to prepare and to submit to RA the proposal for the society. The Chief Promoter has to submit the following along with registration proposal.

(a) FORM ‘A’: Under Rule 4 of Maharashtra Co-operative Society Rules an application for a society should be made in form ‘A’. The specimen of Form ‘A’ is given hereunder as “Annexure3”. The application for registration in quadruplicate should be signed by at 90% of the promoter members and their signatures should be attested by Chief Promoter.

(b) Statement ‘A’: The prescribed Statement in form ‘A’ a specimen whereof is given      hereunder vas “Annexure4” requires particulars of promoter members and allotted to them, such as name age occupation current residential of the promoter member the cost of share amount etc.

(c)    Specimen of agreement to acquire the land in case of open plot society and Statement ‘B’: The prescribed Statement in form ‘B’ a specimen whereof is give hereunder as “Annexure5”, requires particulars of the Proposed Society.

(d)   Statement ‘C’: Prescribed statement in form ‘C’ a specimen whereof is give hereunder as “Annexure 6” requires father information regarding of the promoters.

(e)    Four copies of bye-laws duly by all the Promoter members.

(f)     Statement of Account a specimen whereof is given hereunder as ‘Annexure7” containing the preliminary and expenditure of the proposed society duly signed by Chief Promoter.

(g)    Bank balances certificate.

(h)    Certificate of the land by Advocate of good standing,

(i)      Specimen agreement for sale of tenements in case of Flat Owners Society.

(j)     Scheme showing viability of the society sinned by Chief Promoter supported by an Architect’s certificate “Annexure 8”


(k)   Declaration by least ten promoter member including the Chief Promoter stating that their residence is within the area of operation of the society a specimen whereof is give hereunder as “Annexure9” and

(l)      Undertaking of the Chief Promoter in X Y or Z the specimen whereof is given   hereunder as “Annexure 10, 11 and 12” respectively as applicable.


(m)   A challan showing the deposit of the registration fees with the Reserve Bank Of India, and
(n)    Copy of the approved plans.
            Thereafter pursue and get the same processed and obtain from RA the certificate of registered bye-laws etc. In all the four types of housing society the procedure to be follower for formulation proposals differs. Apart from the aforesaid general requirements certain additional documents are required depending on the type of society sought to be:

(a)    Declarations in the prescribed from by the builders in casa of Flats Owners Society

(b)   in casa of Society of Tenants, the detailed particulars of tenants

(c)    in casa of Housing Board Society a certificate from the Housing Board certifying the list of allotees of the flats and a letter of confirmation the allotees of the flats and a letter of confirmation from the Housing Board  that they will execute the agreement on the society being registered. The proposal for registration of a society as submitted, should be complete in all respects and the RA should be satisfied

(a)    the proposed society has complied with the provisions of the Act and the rules or any other Laws for being in force

(b)   the proposed society has complied with the policy directly decisions issued by State Government under section 4and

(c)    t contrary to the Act or Rules. Upon the proposal being completes and upon RA satisfied, as aforesaid, he under an obligation under section 59(i) of the Act, to register such society within 2 months from the date of lodging of application with RA. If the registration in not completed within 2 months as aforesaid, then and in that event within a period of 15 days from the expiration of the time limit, the RA is under an obligation to forward the proposal for registration to the Government for further action.
Upon registration of a society under section 9(i) of the Act, the RA should grant to the society a Certificate of its registration together or certified copy of approved byelaws. The order registration of the society is appeal-able.



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