Order - Charging of Service charges at Co-operative societies. Dated 29th April, 2000

-

Order - Charging of Service charges at Co-operative societies. Dated 29th April, 2000

No .SAGRUYO- 1096/PRA. KRA. 137/14-5
Co-operative & Textile Department,
Mantralaya, Mumbai- 400 032
Dt. 29th April, 2000.

Order
Read :
  1. Letter No. Housing/D-3/ charging of Service charges/96, dt 18th May 1996 of the Commissioner, Co-operation and Registrar, Co-operative Societies, Maharashtra State, Pune.
  2. Orders of the government dt. 26th May 1999.

Whereas memorandum/letters received to the government in respect of the government order of equal number dt 26th May 1999 from members/office bearers of various co-operative housing societies similarly from Mumbai District Co-operative housing federation, Pune district co-operative housing federation and Up Lokayukta, Maharashtra State.
And whereas while receiving the said memorandums/letters, it seems that confusion and problems arose among the committee of societies and its members in implementing the orders of the government dt. 26-05-1999. On one side the societies have shown severe opposition as bigger flat owners have to pay fees several times more than earlier if the charging of maintenance fee is made as per area of the flats and galas and in the ratio of taxable value stipulated by the authority. And on other side as small flat holders are benefitting from it, they are insisting for making implementation of the said orders by the society immediately. Since the value base price of the flat is changing /increasing continuously due to reasons like when the building of the society was built, in which zone /area it is situated, at which floor the flat is, repurchase of the flat. Therefore the society will have to depend on the Municipal Corporation every year for taxable value and monthly rent chart. Because it could not be denied the possibility that the municipal Corporation will lake more period for / taking decision /giving ruling on complaints, appeals in that respect. Consequently it could not be possible to the auditors to submit report of the most of the housing society in time. While observing the above reasons it seems that it is not possible to the societies to implement the government order easily.
There may be whatever rate value, the services like sweeper, secretary, watchmen, garden, lift, office are to be given to all members in equal proportion. And therefore office bearers and members of many housing society and similarly Mumbai District co-operative housing society Federation, Pune District Co-operative Housing Federation and Up Lokyukta, Maharashtra state has expressed opinion that to club the monthly service charges with rateable value would not logical, proper and justifiable. By considering the said opinion the government has cancelled the order dated 26/05/2011. The government is of the opinion that it would be proper to charge equally as mentioned in Rule 71(A) (7).
And therefore, by considering above fact, the government is hereby cancelled the earlier orders dated 26th May 1999. And in view of the public interest, the government directs under Section 79 (A) of the Maharashtra Co-operative Societies Act, 1960 as follows :
  1. The Co-operative Housing Societies should charge the maintenance charges ‘equally to all flats” as earlier under rule no 71 (A) (7) of model bye laws they accepted.
  2. The Above order shall be applicable to all residential flats and commercial galas in all types of registered Co-operative Housing Societies. Similarly these orders will come into force from 26/05/1999 respectively.
  3. Those housing societies have collected maintenance charges from their members as per the government order dt. 26-05-1999, then such societies should return the said maintenance charges to the concerned member or adjusted in the next months monthly charges with the consent of the concerned members.
  4. All the registered co-operative housing societies in the state should make necessary amendments in their bye-laws as above. However, even after not doing this, these orders shall come into force from dt. 26-05-1999 respectively.


By order and in the name of the Governor of Maharashtra.

Sd./-
(S.P. Dhekane)
Under Secretary, Government)
Maharashtra, Co-operative and Textile Department.)
Previou

Comments

Post a Comment

Popular posts from this blog

Information regarding Share Certificate of Housing Societies

-
Information regarding Share Certificate of Housing Societies Share Certificate is one of the most important documents issued to the members of the Co-operative housing society As per Model Bye-laws# 9(a): A Share Certificate, prescribed in bye-laws, bearing distinctive number and indicating the name of the Member, the number of shares issued and the value paid there on, shall be issued by the Society to every Member for the shares subscribed by him, within a period of six months of the allotment of the shares. In Maharashtra, societies are governed by Maharashtra Cooperative Societies Act. This Act provides the rules and regulations governing Cooperative Housing Societies also. Total Authorized Share Capital of a Co operative Society is fixed by Registrar of Co op Societies at the time of registering the Society. This share capital is divided into shares of Rs 50/- each. After the amendment to the byelaws in 2014, in cooperative housing societies in Maharashtra, each member has
Read more

100 POINT SECURITY GUIDELINES TO CITIZENS IN HOUSING SOCIETIES

-
Image
Mr. Quaiser Khalid,  Addn Commissioner of Police East Region, Chembur, Mumbai 400071 Tel: 25230893 / 4 http://mumbaipolice.maharashtra.gov.in 100 POINT GUIDELINES TO CITIZENS IN HOUSING SOCIETIES [Letter written on 23rd April, 2013 by Additional Commissioner of Police, East Region, Mumbai.] Dear Citizens: As Additional Commissioner of Police, East Region, I am happy to communicate with you through this initiative. Since I assumed office, I have been reviewing various aspects related to security and welfare of the citizens in the East Region, which comprises of Zone 6 (10 Police stations) & Zone 7 (8 Police Stations). I would like to share certain important guidelines to be followed by every housing society. Some of the housing soceities may have their own rule book, but may or may not strictly follow them on a day to day basis.  Hence, as a first step, I would like every Housing Society to take a serious look at the guidelines listed here and implement the
Read more

MEETINGS & MINUTES WRITING OF CO-OPERATIVE HOUSING SOCIETIES

-
MEETINGS & MINUTES WRITING OF CO-OPERATIVE HOUSING SOCIETIES A) FIRST GENERAL MEETING 1. The first general meeting of the promoters who have signed the applications for registration of the society shall be held within the period of three months of the date of the registration of the society as provided under rule 59 of the rules it shall be the responsibility of the chief promoter of the society to convene the said meeting within the stipulated Period. 2. On failure of the chief promoter of the Society to hold the first meeting of the general body within the period mentioned in bye law no 86 the registering authority shall cause it to be called. 3. Fourteen clear days notice of the first general body meeting of the society or as the case may be by the officer authorised by the registering authority to all the promoters who have signed the application for the registration of the society. 4a. The functions of the first general meeting of the Society shall be as under: i) to
Read more