SAHAKARSUTRA

Bombay High Court Jalgoan Jilha Urban Co-Op Banks ... vs The State Of Maharashtra And Ors on 13 February, 2017 Bench: T.V. Nalawade 1 WP 1304 of 2008 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Writ Petition No.1304 of 2008 With Civil Application No.15469 of 2016 * Jalgaon Jillha Urban Cooperative Banks Association Ltd., Jalgaon, District Jalgaon Through its Expert Director, Shri. J.M. Agrawal. .. Petitioner. Versus 1...

Notwithstanding the myriad opinions and interpretations of several court judgments on whether cooperative societies come under the Right to Information (RTI) Act, a recent landmark judgment of the Aurangabad Bench of the Bombay High Court reiterates that urban cooperative banks, cooperative financial institutions and other cooperative societies are bound by the Act.   The Association of Jalgaon Zilla Urban Cooperative Banks, Credit Societies and other financial institutions registered under the Maharashtra Cooperative Societies Act 1960, appealed in a petition to the High Court that cooperative institutions cannot be treated as public authority under the RTI Act.    They contended, “In view of the provisions of Section 2(h) and Section 8 of the Right to Information Act 2005, cooperative institutions registered under the Cooperative Societies Act cannot be treated as public authority.”    They also argued that under banking rules too certain inf...

January 30, 2015 The Hon.  Minister for Co-operation and Textiles, Govt. of Maharashtra, Madame Cama Road,   Mantralaya, Mumbai. Sub: Request to remove Negative Provisions of MAHARASHTRA Co-operative Societies Act. Respected Sir, The  amended  Maharashtra Co-operative Societies Act, 1960, has some negative features that defeat the purpose of the 97th Constitutional Amendment passed in January 2012, specifically in respect of co-operative housing societies. The 97th Amendment made it a Directive Principle of State Policy to ensure “voluntary formation, autonomous functioning, democratic control and professional management of Cooperative Societies”. Unfortunately, the MCS Act, has untoward provisions that will: 1)    Make artificial divisions among members, and spread disharmony 2)    Poison the housing society atmosphere with caste-based quarrels & potential abuse of Atrocities Act Sir, the root cau...

IMPORTANT WHEN FLATS ARE GIVEN ON RENT

How to prepare maintenance bills of cooperative housing society in Mumbai: 1. Bye Law No 72 mandates the Secretary of the society, to  prepare demand notice in respect of the charges of the society payable by members on the basis of the bye-laws-law No. 71(a) and issue the same to all the members on or before the date fixed by the Committee. 2. Charges of society as listed under Bye Law No 68 are mainly of four types a. Payments to BMC – Property taxes & Water charges b. Contribution to funds-Repair fund & Sinking fund c. General maintenance expenses – power, staff salaries, security services, insurance etc. d. Recoveries from members – NOC on rented flats, Parking , Interest on delayed payments Ideally demand note should list out charges under these heads for members’ understanding of what they for what they are consuming. Control on expenses becomes easier. 3. Bye Law No 71(a) lays down basis on which these charges are manda...

Genesis of members’ indifference in CHS Members can’t distinguish society from building and fail to connect. These two are distinct in more than one way, though they are so much inseparable that people often refer to other when they meant the one: for example when one enters the gate he enters the building and not the society, the society is as much invisible as much the building is visible. The society is a matte perception of members. The society is present in general body meeting of its members convened to transacts certain businesses related to building as well as to the society itself, in fact much more about the society itself as the building management is almost fully vested in the managing committee . The thin attendance is the proof that members fail to feel their ownership of the building through membership of the society. Approving capital expenditure for a project or major replacement is a business related to building but approving audited accounts, rectific...