Circulars issued by Cooperative Commissioner on Management of Housing and Premises societies:
Circulars issued by Cooperative Commissioner on Management of Housing and Premises societies:
(a) Outward No. Griha/D-3/Circular/No. Objection Certificate/14-SaAa/ Dated:01st January, 2017.
Office of the Commissioner for Co-operation & Registrar, Co-operative Societies, Maharashtra State, Pune 1, issued above circular providing the guidelines, format, time limit , actions to be taken by the managing Committee and the registrar etc n respect of to issue No Objection Certificate to the members by Cooperative Housing and Premises societies for various reasons viz. to sale the flat, mortgage, repairing, letting etc.
(b) Outward No. Griha/D-3/redevelopment/circular/2016, dated 1st January, 2017.
Office of the Commissioner for Co-operation & Registrar, Co-operative Societies, Maharashtra State, Pune 1, issued above circular providing the guidelines and directions to the society and the registrar to make the flat purchasers in the redeveloped building as the memebr of the society or to allow to form a separate society, if there is a separate building of new flat purchasers in the redeveloped building.
(c) Outward No. Housing/K-79(2)/2016, dt. 1st Jan 2017.
Office of the Commissioner for Co-operation & Registrar, Co-operative Societies, Maharashtra State, Pune 1, issued above circular providing the guidelines and directions to the society and the registrar in respect of effective implementation of the directive of Sect. 79 of Maharashtra Co-operative Societies Act, 1960 by Co-operative Societies otherwise, necessary panel actions against the committee including levy of penalty of Rs.5000/- , dismissal and disqualification of the committee members as per section 146 and 147 of the MCS Act, 1960.
All the above three circulars in Marathi and Liberal English version is uploaded in Cooperative section of Website of WIRC of ICAI and available in Marathi in the link given below :
https://sahakarayukta.maharashtra.gov.in/1065/GR-/-Circulars--/-Laws-and-Acts
Serial No. 308, 362 and 415.
(3) Section 81 of the MCS Act, 1960 has been amended to include Cost Accountant as panel Auditors of Cooperative Societies in Dec, 2016 by Maharashtra Assembly. Now in addition to Certified auditors such as retired government officers, GDCA qualified, Chartered Accountants, the Cost accountants also will be able to carry out the audit of cooperative Societies. This has been done inspite of the proper representation by CCONPO of ICAI and by the Co-operative Committee(Maharashtra) of WIRC of ICAI. The amended Act has been uploaded in cooperative section of WIRC of ICAI website.
(4) Co-operative Audit Panel shall be prepared once in two years as against once in three years effective from 2017-18. (from April, 2017) as per the Government of Maharashtra Notification dated 20th January, 2017. Very shortly, we can expect the cooperative Commissioner to issue necessary circular to invite online applications from the eligible auditors to be part of the Panel.
The above notification has been uploaded in cooperative section of WIRC of ICAI website. (5) Before Hon’ble High Court, Mumbai- Arbitration Petition No. 681 of 2016 M/s. R.R.B. Realtors Pvt. Ltd. vs. M/s. Subhash Nagar Rajeshwari CHS. Ltd. and others along with notice of Motion No. of 2015 in Bombay City Civil Court l.c. Suit No. 2598 of 2015.
The Hon’ble High Court Mumbai held in the above case that Development agreements in redevelopment are binding for each and every dissenting members of the society even in absence of individual agreements. Even if no individual agreements are signed with members, still the developer is entitled to implead the dissenting members of a cooperative Housing Society, in the proceedings u/s. 9 of the Arbitration & Conciliation Act, 1996. The dissenting members cannot claim that they do not have any privy to agreement with the developer whereby the relief sought in the petition against them can be justified, in fact the individual agreements with members for alternate accommodation contains arbitration clause and relief u/s. 9 can be sought against the dissenting members. The minority members cannot stall the redevelopment of cooperative housing societies when the same is properly decided in the general body meeting of the society.
(a) Outward No. Griha/D-3/Circular/No. Objection Certificate/14-SaAa/ Dated:01st January, 2017.
Office of the Commissioner for Co-operation & Registrar, Co-operative Societies, Maharashtra State, Pune 1, issued above circular providing the guidelines, format, time limit , actions to be taken by the managing Committee and the registrar etc n respect of to issue No Objection Certificate to the members by Cooperative Housing and Premises societies for various reasons viz. to sale the flat, mortgage, repairing, letting etc.
(b) Outward No. Griha/D-3/redevelopment/circular/2016, dated 1st January, 2017.
Office of the Commissioner for Co-operation & Registrar, Co-operative Societies, Maharashtra State, Pune 1, issued above circular providing the guidelines and directions to the society and the registrar to make the flat purchasers in the redeveloped building as the memebr of the society or to allow to form a separate society, if there is a separate building of new flat purchasers in the redeveloped building.
(c) Outward No. Housing/K-79(2)/2016, dt. 1st Jan 2017.
Office of the Commissioner for Co-operation & Registrar, Co-operative Societies, Maharashtra State, Pune 1, issued above circular providing the guidelines and directions to the society and the registrar in respect of effective implementation of the directive of Sect. 79 of Maharashtra Co-operative Societies Act, 1960 by Co-operative Societies otherwise, necessary panel actions against the committee including levy of penalty of Rs.5000/- , dismissal and disqualification of the committee members as per section 146 and 147 of the MCS Act, 1960.
All the above three circulars in Marathi and Liberal English version is uploaded in Cooperative section of Website of WIRC of ICAI and available in Marathi in the link given below :
https://sahakarayukta.maharashtra.gov.in/1065/GR-/-Circulars--/-Laws-and-Acts
Serial No. 308, 362 and 415.
(3) Section 81 of the MCS Act, 1960 has been amended to include Cost Accountant as panel Auditors of Cooperative Societies in Dec, 2016 by Maharashtra Assembly. Now in addition to Certified auditors such as retired government officers, GDCA qualified, Chartered Accountants, the Cost accountants also will be able to carry out the audit of cooperative Societies. This has been done inspite of the proper representation by CCONPO of ICAI and by the Co-operative Committee(Maharashtra) of WIRC of ICAI. The amended Act has been uploaded in cooperative section of WIRC of ICAI website.
(4) Co-operative Audit Panel shall be prepared once in two years as against once in three years effective from 2017-18. (from April, 2017) as per the Government of Maharashtra Notification dated 20th January, 2017. Very shortly, we can expect the cooperative Commissioner to issue necessary circular to invite online applications from the eligible auditors to be part of the Panel.
The above notification has been uploaded in cooperative section of WIRC of ICAI website. (5) Before Hon’ble High Court, Mumbai- Arbitration Petition No. 681 of 2016 M/s. R.R.B. Realtors Pvt. Ltd. vs. M/s. Subhash Nagar Rajeshwari CHS. Ltd. and others along with notice of Motion No. of 2015 in Bombay City Civil Court l.c. Suit No. 2598 of 2015.
The Hon’ble High Court Mumbai held in the above case that Development agreements in redevelopment are binding for each and every dissenting members of the society even in absence of individual agreements. Even if no individual agreements are signed with members, still the developer is entitled to implead the dissenting members of a cooperative Housing Society, in the proceedings u/s. 9 of the Arbitration & Conciliation Act, 1996. The dissenting members cannot claim that they do not have any privy to agreement with the developer whereby the relief sought in the petition against them can be justified, in fact the individual agreements with members for alternate accommodation contains arbitration clause and relief u/s. 9 can be sought against the dissenting members. The minority members cannot stall the redevelopment of cooperative housing societies when the same is properly decided in the general body meeting of the society.
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ReplyDeleteI am a Member of a CHS in Mumbai and came across the Circular issued on 15 Mar'10 and signed by Mr Rajgopal Devra Registrar and Commissioner Cooperative societies, State of Maha, Pune. The circular is very informative and can be of great help in taming the runaway MCs.
When I shared the circular with my MC, it was rejected saying that 2010 Circular has no mention in 2014 Byelaws adapted by CHS and hence the attached circular is invalid.
Kindly provide your opinion on validity and applicability of the said circular of 15 Mar'10 and if same is included in MCS Bye laws, Act or Rules etc.