FAQ

1. What is the minimum number of promoters required to join the registration proposal?
* 60% of the flat purchasers/ promoters are required to join the registration proposal if the building is constructed by builder/developer.
* 90% promoters are required to join the registration proposal for the society of open plot type category.

2. What is the minimum number of promoters required to sign the registration proposal?
* 60% of the promoters who have joined the registration proposal are required to sign it.

3. Whether Co-operative Housing Society having less than 10 units can be registered?
* Cooperative Housing Society having less than 10 units can be registered subject to the following conditions:
The built-up area of each unit should not be more than 700 sq.ft.
There should not be balance F.S.I

4. What is the remedy available, if the builder does not register a Co-operative Housing Society?
* Chief Promoter of the proposed society shall submit a registration proposal of the co-operative housing society to the concerned Registrar under the category of non- co-operation of the builder.
* Registrar may consider such a proposal for Registration on merit.

5. What are the conditions for registration of Cooperative Housing Society in private building?
* Conditions for registration of CHS in Private building
* Registering authority can register CHS on merit if 90% of the tenants join the registration proposal.
* Registering authority can register CHS on merit and with the previous approval of State Government if 75% to 90% of the tenants join the registration proposal.
* Proposal for registration will not be entertained if the percentage of tenants is below 75%
* The Tenant promoter joining the proposed CHS shall have to agree to contribute to the cost of flats of non joining tenants.
* In case tenants have created sub tenancy in terms of Rent Act, subtenants and not the tenants are allowed to join the proposed CHS.

6. Whether the Chief Promoters has got the authority to withdraw the money deposited in the bank in the name of proposed CHS?
* The Chief Promoter has got no power to withdraw such money.
* Before registration of the Cooperative Housing Society, money can be withdrawn with the permission of the Registrar.

7. What is the remedy available if the Registrar does not take any decision on registration proposal within a period of 2 months?
* Failure to dispose of the registration proposal of a housing society within a period of two months, the Registrar has to submit the said registration proposal to the next higher authority within a period of 15 days from the date of expiry of two months.
* On failure of such higher authority to dispose of the said registration proposal within two months from the date of receipt of the proposal to his office, the registration proposal shall be deemed to be registered under the provision of the Maharashtra Cooperative Societies Act 1960.

8. What is the remedy available if the registration proposal is rejected?
* Such rejection order can be challenged by filing the appeal under section 152 of the M.C.S. Act 1960 before the Divisional Joint Registrar C.S. Of the concerned Division.

9. What are the circumstances for de-registration of a Cooperative Housing Society? And under which section?
* If the society is registered.
On the misrepresentation made by the applicants, or the work of the society is completed or exhausted, or, the purpose for which the society has been registered is not served. * Such societies can be de-registered under the provision of Section 21-A of the M.C.S. Act 1960.

10. Under what circumstances registration of the CHS can be canceled?
* Registrar can cancel the registration of CHS under section 21 of the M.C.S. Act 1960. Under the following circumstances:
If a CHS transfer the whole of its assets and liabilities to another society or.
Amalgamates with another society, or
Divides itself into two or more societies or,
Liquidation proceedings are terminated under section 109.

11. What are the types of CHS?
* Rules 10 of the Maharashtra Cooperative Societies Rules 1961 provide the following classification of the CHS
Tenants ownership Co-operative Housing Society.
The land is held on a leasehold or freehold basis
Houses are owned or are to be owned by the member.
Tenants Co-partnership Cooperative Housing Society.
Both land and houses owned by society. Houses are allotted to members. Other Cooperative Housing Society. Houses mortgages societies Houses construction society.

12. What fee is to be paid to the Government for registration of a Cooperative Housing Society?
* Proposed society can be made the payment towards government fee as applicable from time to time. The present registration fee is
Tenant Co-partnership /ownership CHS Rs.2500.00
Other (General) CHS Rs.2500.00

13. When at least 20% of backward class members are required for registration of a Cooperative Housing society?
* This condition is applicable for plot purchase type society under the following circumstances.
When society intends to borrow fund for construction of building from State Government and/ or MHFC Limited.
If land grant authority insists for such conditions.

14. Whether promoters are required to submit their applications for membership to the Chief Promoter before registration of Cooperative Housing Society?
* Yes, all the promoters should submit their application for membership to the Chief Promoter before registration so s to enable him to undertake about receipt of the application for membership in the prescribed "Y" form to be submitted to the Registering Authority at the time of Registration.

15. What remedy is available if Chief Promoter does not deposit the share money collected from promoters in the Bank?
* Failure of Chief Promoter in depositing share money collected from promoters of proposed CHS amounts to an offense u/s 146 of M.C.S. Act 1960.
* Chief promoter can be prosecuted in the court of law with the previous approval of Divisional Joint Registrar of concerned Division u/s 148.

16. What remedy is available if any person collects share money or any other sum by misrepresentation to the prospective members in the name of the society to be registered?
* It will amount to an offense u/s 146 of MCS Act 1960.
* Such person can be prosecuted in the court of law with provision approval of DJR of concerned Division u/s 148.

17. When the first General Meeting can be convened?
* The first General Meeting can be convened within a period of three months from the date of registration of CHS

18. Who can convene the first General Meeting?
* Chief Promoter of the CHS can convene the first General Meeting of the members.

19. What is the remedy if the first General Meeting is not called by Chief Promoter in time?
* On failure to call the first General Meeting of the CHS in time the said meeting can be called by Registering Authority.

20. What business is to be transacted in the first General meeting?
* Following business shall be transacted in the first General Meeting
Election of a president
Admission of new members, if applications are received.
Receiving a statement of accounts and report stating all transaction entered in by Chief Promoter upto 14 days before the meeting.
Constitution of provisional committee for a period of one year.

21. Who is responsible to convene the AGM?
* Rules 60 of the M.C.S. Rules 1961 provide that the secretary of the CHS is responsible to convene the AGM

22. Who is responsible to ensure the AGM is convened within the stipulated time?
* Bye law No 139 (16) provides that the committee of the CHS should ensure the holding of AGM within the prescribed period.

23. What is the business to be transacted in AGM
* Following business is required to be transacted in AGM
To receive a report of the committee together with the statement of accounts for the preceding cooperative year/years.
To consider the audit report received from the Statutory Auditor for the previous Cooperative year/years.
To declare the result of the election if held prior to AGM
to consider the appointment of Statutory Auditor.

24. If the business on the agenda is partly transacted then what are the provisions?
* If the business on the agenda of the general meeting of the CHS is partly transacted then the said meeting shall be postponed to any other suitable date, not later than 30 days from the date of the meeting as may be decided by the members present at the meeting.

25. Whether the AGM can be adjourned due to want of quorum?
* AGM can be adjourned for want of quorum
to the time as may be specified in the notice on the same day or
to a subsequent date, not earlier than seven days.
The holding of the adjourned meeting will not require a quorum.

26. What business cannot be transacted in AGM without due notice?
* Following business cannot be transacted in AGM without due notice
Expulsion of members of the CHS
Amendment of bye-laws
Bifurcation, amalgamation, and division of the CHS
Transfer of Property of the CHS

27. What is the minimum period of notice of AGM
* 14 clear days notice is required to be given for calling the AGM.

28. Whether AGM is treated as invalid if the notice is not served to any members of the CHS?
* Once AGM is called it cannot be treated as invalid unless and until such order are passed by the Cooperative Court.

29. What is the period for finalizing the accounts of the CHS.
* The period for finalizing the accounts of the CHS is 15th May every year.

30. What remedy is available if the accounts are not finalized before 15th May?
* On failure for finalizing the accounts of the CHS on or before 15th May committee may appeal to the Registrar in time.

31. What remedy is available if the committee fails to finalize the account before 15th May or extended period?
* Registrar may exercise his powers vested under section 79 (2) of MCS Act 1960 to finalize the account through an authorized officer.

32. What remedy is available if the AGM is not called before 15 August?
* Committee of the CHS may apply to the Registrar for extension of time on or before 31st July with a copy of the resolution and required court stamp fee. The registrar may grant an extension if the request is genuine up to 14th November i.e. for a period of three months.

33. What action can be initiated on failure to call AGM before 14th August or extended period?
* Registrar may disqualify the members of the committee who is responsible for calling such meeting to remain or to get elected to the committee up to a period of three years.

34. What remedy is available for challenging the resolution passed in AGM.
* Resolutions passed in AGM may be challenged in the Cooperative Court under section 91 of MCS Act 1960. By filing disputes.

35. What remedy is available in case resolutions are not recorded modified altered deleted etc.?
* Only remedy available is to file a dispute under section 91 of the MCS Act 1960 before the Cooperative Court.

36. The resolution passed in AGM/SGM neither stayed nor set aside by Court, whether it is obligatory on the members to follow it?
* Resolutions passed in AGM/SGM remains in force unless and until stayed or set aside by the Cooperative Court.

37. Whether resolutions passed for removal of members of the committee can be brought before the AGM/SGM?
* No such resolutions can be brought before the AGM/SGM

38. When SGM can be called?
* SGM can be called at any time by the Chairman or the majority of the committee.
* SGM shall be called within a period of one month
on written requisition of 1/5 of the members
At the instance of the Registrar
At the instance of the committee of the federal society.

39. Who can call the requisitioned SGM?
* Secretary of the society can call the SGM under the intimation to the Registrar.

40. What is the remedy available if the SGM is not called?
On failure to call SGM the Registrar may call such meeting at the expenses of the CHS
the Registrar can order to recover such expenses from the persons concerned.

41. What is the minimum notice period required to call SGM?
* The minimum notice period for calling such SGM is five days.

42. Whether resolutions passed in AGM/SGM can be modified?
* Unless 6 clear months have expired after passing of the previous resolution no such resolution can be brought before the AGM /SGM for its cancellation or modification.

43. Whether AGM/SGM not held in the premises of CHS can be treated invalid?
* AGM/SGM once held irrespective of the place of the meeting cannot be treated as invalid unless and until such order are not passed by Cooperative Court.

44. Whether non-member can participate in the business of General Meeting?
* No, non-member has no right to participate in the business of General Meeting.

45. Whether an associate member can participate in the business of General Meeting.
* Yes, an associate member can attend and participate in the business of General Meeting in absence of original member and with written consent given by the original member.

46. What is the period of provisional committee?
* The period of provisional committee is of one year from the date of which it has been first constituted.

47. When the subsequent committee is constituted
Subsequent committee is constituted after election to the committee as per approved Election Rules.
Election committee is required to be constituted as per the provision of Section 73 of M.C.S. Act 1960.

48. Which is the Competent Authority to challenge the election?
* Election of Committee or its member can be challenged by filing dispute under Section 91 of M.C.S. Act 1960. Before the Cooperative court.

49. What are the disqualifications to elect or to remain on the committee?
* Bye laws No 118 provides one of the following disqualifications to remain on Committee.
Convicted of the offense
Defaults the payment of dues to the society within three months from the date of service of notice in writing.
Held responsible under section 79 or 85 or 88 of the MCS Act 1960.
Sublets flat without prior permission of the CHS.

Remains absent for three consecutive meeting of the committee.

50. Whether the member of the ex committee can contest the election?
* Ex managing Committee member can contest the election, if they are otherwise qualified.

51. What is the remedy available if the nomination to the election rejected by the Returning officer?
* An appeal under section 152 A of M.C.S. Act 1960 may be filed within a period of three days before the concerned Registrar from the date of rejection of nomination.

52. If the member has paid his dues before the time of scrutiny of nominations, whether he can qualify to contest election?
* If the member pays his dues before the time of scrutiny of nominations, he becomes eligible to contest the election of committee.

53. If the member held responsible under section 79 or 88 or 85 is eligible to contest the election of committee.
* Member held responsible under 79 or 88 or 85 is eligible to be re nominated, re co-opted, re-elected as a member of committee, after expiry of five years from the date of which he has ceased to be a member of the committee.

54. What is the remedy available if the committee members default the payments of dues CHS.
* A Committee member who defaults the payment of dues of CHS incur disqualification to remain on committee.
Remedy is to approach registering authority for removal of such committee member u/s 78.

55. A member of the committee makes the default in the payment of dues of CHS and pays the same after some period, whether he is eligible to continue on the committee?
Default of payment of dues incurs disqualification to remain on committee.
On the date of default such member ceases to continue on the committee and his seat shall be deemed to be vacant.

Subsequent payment of dues wipes out default but not disqualification.
Such member is eligible for re election or co option on vacant seat on payment of dues.

56. Whether the member of the committee can be removed by passing resolution in it?
* Committee has no authority to remove the members from its committee.

57. What are the provisions for bringing no confidence motion against office bearers of CHS?
No confidence motion against president, Vice President, Chairman, Vice Chairman Secretary or Treasurer can be moved.

For calling such no confidence motion, request application in M-18 from be signed by at least 1/3 members of the committee and shall be submitted to the Registrar.
Such meeting shall be presided over by the Registrar not below the rank of Assistant Registrar

On the date of passing the resolution by 2/3 members present and voting the office of the office bearers stands vacated.

If no confidence motion is rejected then no such resolution shall be brought within a period of 6 months from the date of resolutions.

58. Whether there can be two managing Committee for two buildings in one CHS?
* There shall be one managing Committee for one CHS irrespective of no of building or wings.

59. Who can accept the resignation of Chairman of the CHS?
* The bye laws number 132 (a) provides that the Chairman of the CHS may tender his resignation to the Secretary of the CHS by addressing a letter. The Committee can accept his resignation.

60. Two whom the entire committee can give its resignation in such a case what is the remedy?
Resignation of the entire committee shall be placed before the General Body meeting
Even after acceptance of resignation of the entire committee by the General Meeting they are required to hold charge of the CHS till alternate arrangement are made.

61. What actions can be initiated for not holding the election before expiry of its term?
* Registrar can appoint an administrator in such a case.

62. Whether the decision taken by the committees after expiry of its tenure and before constitution of new committee are treated as invalid?
* Section 77 of M.C.S. Act 1960 provides that the decision taken by the Committee under such situation cannot be treated invalid.

63. Whether the decisions taken by the ex-committee after constitution of new committee and before handing over the charge of records to the new committee are invalid?
* After constitution of new committee decision taken by the ex-committee is invalid and it has no force of law.
64. What remedy is available, if the ex-committee refuse to hand over the charge to the newly constituted committee?
* Officer of the newly constituted committee may apply to the Registrar in detail for initiating action under section 80 of the M.C.S Act 1960 for seizure of documents with the help of police.

65. What are the circumstances to appoint an administrator under Section 78?
* Circumstances to appoint administrator under Section 78 are :
Committee or its member make default in performing duties or
The act of the committee or its member is prejudicial to the interests of the society or
Committee or its members willfully disobeys directions issued by the State Government or by the Registrar or.
Committee or its members are not discharging its or his functions properly or.
Committee or its member incurs disqualification to remain on committee.

65. A what are the circumstances to appoint an administrator under Section 77?
Circumstances to appoint administrator under Section 77 are :
If the committee is not constituted in first AGM
Terms of the committee has been expired
Sufficient members are not elected to form the quorum
Where two groups are claiming to be elected as the committee members and the election dispute is filed in Cooperative Court.

66. If meeting of the committee is not called by Chairman/Secretary what is the remedy available?
* Bye laws No 133 provides that such meeting may be called by the Federation of the society, if Federation is informed accordingly.

67. Whether the Chairman is having casting Vote?
* Bye laws no 135 provides that Chairman is having Casting Vote.

68. What is the tenure of Committee?
Tenure of the Committee is as per bye-laws of CHS
According to model bye laws tenure of the Committee is of 5 years.

69. When the CHS can cooperative the member on the Committee?
* Vacancies created on the Committee on account of death, resignation, disqualification, and removal can be filled by co-opting irrespective of the quorum.

70. What is the tenure of the Co-opted Committee Members?
* The period of the office of the co-opted committee members shall be Coterminous with tenure of the committee.

71. Whether a decision taken by the committee consisting of majority of a co-opted member is valid?
* Yes if it is otherwise not contradictory.

72. How many funds are required to be raised by CHS??
* Funds to be raised by CHS are
The repair and maintenance funds at the rate fixed by G.B subject to the minimum of 0.75 % per annum of the construction cost of each flat.
Major repairs funds as and when required and decided by GB at the rate fixed on an area basis.
The sinking funds at the rate fixed by G. B subject to the minimum of 0.25% per annum of the construction cost of each flat.
Reserve funds as provided u/s 66 of the M.C.S Act 1960.

73. What is the difference in utilization of repairs and maintenance fund and major repairs fund?
Repairs and maintenance funds are utilized for meeting the expenditure on maintenance and normal repairs of the building of CHS by committee.
Major repairs fund is utilized with period approval of G.B for major repairs such as plastering, Color of buildings etc.

74. When Sinking Funds are to be utilized?
* Sinking funds are to be utilized on recommendations of architect and with prior approval of G.B for meeting the expenditure on structural additions or alterations to the building /buildings of CHS.

75. What is the procedure for amendment of bye-laws of CHS
Information of amendment shall be communicated to all members by giving 14 clear days notice of the proposed General Meeting.

Resolution is required to be passed by not less than 2/3 majority of the members present and voting in General Meeting.

The proposal for amendment of the bye-laws shall be submitted for registration within two months in the prescribed forms from the date of a meeting.
Amendments become effective after approval and registration by the Registering Authority.

76. Whether amendment can be imposed by the Registrar?
* In the interest of members of the Society Registrar may impose amendment of bylaws u/s 14 of M.C.S. Act 1960.

77. What are the circumstances of amalgamation or division of the CHS?
* CHS can be divided under the following circumstances
there shall be two or more different buildings.
Each building shall have separate water tanks and water connections.
There shall be a separate assessment by the local authority.

78. What is the procedure for divisions of the CHS?
A committee may apply to the Registrar
A committee shall convene SGM by giving 15 days clear notice to the members and creditors.
Resolutions for division shall be passed by 2/3 of the members present and voting in such a meeting.

Such resolution shall contain the details of the scheme of division of the society.
After the meeting of the SGM notice in "G" form shall be given to all the members and creditors. Exhibit the notice on the notice board of the society as well as in the office of the Registrar and publish the same in at least one local newspaper inviting objections with in a period of one month.
If objections are not received within a period of one month from the date of the notice, it will be presumed that the member/creditor have no objection for such divisions.
Thereafter the committee shall submit the report giving details and registration proposal for the registration of new society to the registrar.

79. Whether the Registrar is empowered to enforce the division of the CHS?
* In the interest of the member, Registrar may enforce the division of the CHS.