How to register the society and which documents required for it?
Ans: It is obligatory to apply for co-operative society or Association of Apartment within four months from the taking possession of galas/flats/shops/units by holders, necessary for forming the co-operative society or Association of Apartment according to provisions mentioned under section 10 of the Maharashtra Ownership Flat Act 1963 and rule 8 of Rules 1964 there under. While taking into consideration of these provisions it is necessary to make an application for getting permission for opening bank account by keeping the name of the proposed society reserve by the builder/promoters/chief promoter to the Registrar, co-operative societies in the concerned. It is necessary to make selection of the chief promoter in the primary meeting of the members. If not desire to work as Chief Promoter for some reason than in such situation, any member from the galas/flats/shops/units holder can be selected as a Chief Promoter. However while submitting proposal it is necessary to submit consent letter that builder promoters are ready to co-operate for the work of registering the society. Following papers are necessary for submitting the proposal for getting permission for opening the bank account.
- Application for opening the bank account by reserving the name of the proposed society in the prescribed format. (On adhesive court fee stamp of Rs.25/-)
- Copy of the minutes of primary meeting (in the prescribed format)
- Photo copy of the sale deed/development agreement executed between the original owner of the land and builder promoter.
- Photo copy of the 7/12 extract or the Property Registered Card.
- Photo copy of the power of attorney if given to the builder, promoter by the original owner.
- Copy of the order form competent office under Urban Land Ceiling Act 1976.
- Detailed scheme of the proposed society and its nature
- List of the proposed members.
It is necessary to submit the proposal for official registration within three months of the date of getting permission for opening bank account by reserving the name of the proposed society for registration. If for some inevitable reasons, it was not possible to submit the registration proposal in the prescribed time limit then it is necessary to submit an application for extension of time limit for submitting the proposal of registration by the Chief Promoter.
In case of registration, the chief promoter should have to submit following documents:-
- Application for registration in the prescribed format under rule 4(1) of the Maharashtra Co-operative Societies Rules 1961-Form A (Annexure A)
If the number of galas/flats/shops/units mentioned in the application submitted for registration is more than 10 then inclusion of promoter members for 51 per cent galas/flats/shops/units out of the total galas/flats/shops/units built or to be built in the said application. Otherwise, by preserving such proposal as immature, it is denied for registration. It is necessary that 51 per cent members out of the total members included in the application for registration should have to sign be their name. It is necessary that 10 members of the different families (Definition of the family) includes mother, father, son, husband, wife, unmarried daughter). Similarly minimum 10 members should be the residence in the jurisdiction of the society. As per prevalent policy of the government even less than 10 member’s society can be formed. However in such proposals the carpet /built up area of each galas/flats/shops/units should not be more than 700 sq. ft. Similarly it is also necessary to ensured that the entire F.S.I to be available as per prevalent constructions rules has been used and there is no possibility of additional construction work.
- Form-B : Information of proposed society (In prescribed format)
- Form-C : Information of Promoter Members
- Form-D : Accounts statement (In prescribed format)
- Detailed scheme of the proposed societies and its nature.
- Balance statement of saving accounts in the Pune District Central Co-operative Bank (Share Capital of Rs.500 and in addition Admission fee of Rs.100/- of each promoter member and its total amount)
- Original chalan of payment of Rs. 2,500/- as a co-operative housing societies registration fee paid in the Government Treasury.
- A photo copy of the sale deed or Development agreement executed between original land owner and builder/promoters.
- Photo copy of the 7/12 extract or Property Registration Card.
- Photo copy of the Power of Attorney given to the builder promoters by the original land lord.
- Photo copy of the NOC from the Charity Commissioner if the land is of Public Trust.
- A photo copy of the land search report or title certificate from the advocate.
- Photo copy of the order issued by the competent officer under Urban Land Ceiling Act.
- True copy of the construction lay out approved by the Municipal Corporation.
- Photo copy of the permission for commencing construction or of completion certificate issued by the Municipal Corporation.
- Architect certificate endorsing to the construction of the building of the proposed society.
- Minimum 10 persons affidavit on the stamp paper of Rs.20 (individual) regarding they are residence in the jurisdiction of the society and there is no residential house, open plot in their name or in the name of the other persons in the family depend on them in the jurisdiction of the society. (Affidavit should be made before the competent officer)
- Guarantee letter of the Chief Promoter on the stamp paper of Rs.20/- in the prescribed format registered before the competent officer.
- Guarantee letter of the builder promoters on the stamp paper of Rs.20/- in the prescribed format ‘Z’ registered before the competent officer and in accordance with that information in A B C D Table.
Table A: number of galas/flats/shops/units sale, name to whom it sale, area of the galas/ flats/shops/units and its price.
Table B: number of galas/flats/shops/units not sold and its area.
Table C: Name of the person to whom the galas/flats/shops/units was sold and total amount received from him.
Table D: Details of the expenditure, name of the person to him galas/flats/shops/units was sold, amount of the share capital, amount of the admission fee and price of the galas/flats / shops /units .
- A photo copy of the registered agreement executed between the builder promoters and galas/flats/shops/units holder.
- A photo copy of the receipt of the payment made in respect of the registration fee of the galas/flats/shops/units and stamp duty of the promoter members mentioned in the application made for registration.
- The signature of the minimum 10 promoter members at the end of model bye laws no 175 is necessary.
Main objects of formation of a Society?
Ans: The main objects of the formation of a Housing Society are as under:
- To obtain conveyance from the owner/Promoter (Builder), in accordance with the provisions of the Ownership Flats Act and the Rules made there under, of the right, title and interest, in the land with building/buildings thereon as described in the application for registration of the Society;
- To manage, maintain and administer the property of the society;
- To raise funds for achieving the objects of the society;
- To undertake and provide, for on its own account or jointly with cooperative institution, social cultural or re-creative activities;
- To provide Co-operative Education and Training to develop co- operative skills of its Members, Committee Members, Officers and Employees of the Society.
- To do all things, necessary or expedient for the attainment of the objects of the society, as specified in the bye-laws.