Friday, July 30, 2010

Application For Registration

      Application for the Registration of the society is to be made in the Forms ‘A’, ‘B’, & ‘C’ given. Instructions for filling in the blanks in Bye-laws are given.

Along with the application certain additional details should be submitted as under:

1. Statement of Account
   
    {1} In case of an open society (the society which purchases or takes on lease a piece of Land for constructing a building or buildings thereon) or a tenant ownership type cooperative housing society, the Chief Promoter is expected to collect contributions from the promoter is expected to collect contributions from the promoters towards share capital, entrance fees, cost of land and/or cost of construction. Every Promoter has to subscribe to a minimum of shares of Rs.50 (each) i.e. Rs.250/- and pay the entrance fees of Rs.100/-. He has also to contribute towards the cost of land and/or cost of construction in proportion to the size of his flat, and also towards estimated preliminary expenses. In the case of a flat-owners Co-operative housing society i.e. a society in which flats have been purchased from the Builder-Promoter, the collections are restricted to share money, entrance fee and preliminary expenses.

         The amount of share capital shown on the receipt side of the Statement of Account should agree with the total under column No.9 of Statement ‘A’ of the application for Registration.

2. Bank Balance Certificate

         A certificate from the Bank showing credit balance in the name of the proposed society should be enclosed with the registration proposal.

3. Requirements as to property
    (a)The Chief Promoter has to get the rights, title and interest in the property to be purchased, acquired, or transferred and gets them examined by a solicitor or an advocate of good standing. Further, a certificate of good, clear and marketable title has to be obtained from him and enclosed with the registration proposal.

 (b) Specimen copy of agreement (between the builder and purchasers).

 (c) In case the land acquired or proposed to be acquired for the proposed society is on lease basis, the lease period should not be less tan 30 years.

 (d) In case the land proposed to be purchased or allotted to the proposed society is from the Government, Municipal Corporation/Municipality or any other agency, allotment letter or assurance letter from the agency concerned should be enclosed with the Registration Proposal.








4. Scheme of Construction

   The Chief Promoter should enclose the scheme of the proposed Society with the Registration Proposal, showing the details, explaining how the working of the society will be economically sound. Such a scheme should necessarily cover the following points:
(a)    Details of the land on which the construction is proposed to be made
(b)   Value of land
(c)    Number of flats proposed to be constructed
(d)   Size of different flats
(e)    Amenities proposed to be provided
(f)  Ultimate cost of each type of flat based on cost per square foot (Carpet area) and the total cost of the project
(g)   The amount collected from members towards initial share capital
(h)   Additional amount proposed to be collected from the signatories to the application for registration towards the cost of construction
(i)   The source from which the balance of the amount would be raised
(j)   Area utilized for residential (including garages) and non-residential purposes

5. Architect’s Certificate in support of the Scheme

 A certificate of the Architect of the proposed society stating the area of the land, the area available for construction, the F.S.I. available (wherever applicable), number of flats to be constructed, areas of different flats (carpet area), cost of construction per sq. ft., total cost of the project, should be obtained and attached to the proposal for registration.

6. Undertaking by the Chief Promoter

     From ‘X’ – Open plot type Co-operative housing societies

   From ‘Y’ – Flat Owners type Co-operative housing societies

   From ‘Z’ – Builder oriented societies regarding compliance of the provisions of the Maharashtra
  Ownership Flat (Regulation of the Promotion of Construction Sale, Management and Transfer) Act,    
  1963. Declaration by the Chief promoter in respect of the payment of stamp duty and registration of      agreements.

7. Challan for Government Registration Fees

     Before submitting the registration proposal, the Chief Promoter has to pay the Government registration fee  by depositing in the Reserve Bank of India or Government Treasury under the head ‘0425 Co-operation’ and attach the challan to the registration proposal.

8. Affidavit from promoters regarding residence in the area of operations of the society.

9. A copy of the plans of construction

   The plan duly approved by the Municipal Corporation or any other competent local authority should be enclosed with the registration proposal.

Note: It is advisable to, which furnishes a check list for registration of different types of societies.

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