Professional Documents
Culture Documents
Final Proj of HSG Soc 1 .
Final Proj of HSG Soc 1 .
⇒ Tenant Ownership.
⇒ Tenant Co-partnership.
⇒ Builder Co-operative.
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⇒ Ownership cooperative.
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But as our project of Management of Co-operatives is “Housing Co-
operatives”. So, our group is going to provide focus the information on
“Housing Co-operatives” Housing is an important sector, with a direct
connection to human welfare and economic linkages to the construction
industry. The National Housing & Habitat Policy has been formulated to
address the issues of sustainable development, infrastructure and strong
public-private partnerships for shelter delivery. The objective of the policy is
to facilitate the construction of two million dwelling units each year. It is
envisaged that Government would provide fiscal concessions, carry out legal
and regulatory reforms and create an enabling environment. The private
sector would undertake actual construction activities.
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Bank, cooperative banks, etc. and disbursed loans of Rs.7,371 crores to
primary housing cooperatives and individual members, thereby assisting in
the construction of about 22 lakh dwelling units in the country.
The prime necessities of human beings are food, clothing and shelter
and housing cooperative is an essential for human existence as much food
and clothing. Housing is a significant subject having a concern with a
common man. One of the important problems faced by India is the housing
problem. The reasons are varied, like tremendous growth in population,
migration from rural to urban areas. Highly speculative trend in the cost of
land, weakening of joint family system thus creating a requirement of a
separate house for each family unit etc.
Mumbai is the 3rd largest density populated city in the world and the
prices of the land and construction is becoming unaffordable to the common
man. They also say that man is a social animal and is incomplete without a
social fabric. A person’s lifestyle, his culture, his social status all are
determined on where he stays.
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(c) which under its rules is to terminate on a specified date or
when a specified object is attained or a specified event occurs- but
does not include a Starr-Bowkett society, that is to say, a society in
which the order of advances to members is determined either solely
or partly by the drawing of lots;
OR
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subject to section thirty-four of this Act to purchase land upon which
is situated a dwelling-house; or
to maintain and keep in proper repair his dwelling-house; or
where the approval of the Governor in Council given after
consideration of a report by the registrar is first obtained-to
discharge a mortgage held by another society upon any land; or
to discharge a mortgage or any other charge or security over or
affecting any land which mortgage charge or security was granted or
executed by the member in question in anticipation of the society's
making an advance to him and with the approval of the registrar to
the making of the advance; and
(b) for all or any of those purposes to make advances to its members
upon the security of freehold property or a lease for a term of not less
than 50 years of Crown land within an area approved by the Governor in
Council for the purposes of this Act.
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# Third level: Primary housing cooperative
The objectives are found in rural, semi urban and urban areas and can
get themselves registered if they have ten or more members
who have a fix source of income and who come together to
build a housing cooperatives and solve the housing problems
and prevent exploitation of Land lords. They provide a
systematic and organized way of maintaining the building
and property of housing cooperatives.
⇒ Any individual, firm, company or any other body corporate can become
member of the Society.
⇒ Any Society registered under this Act or Societies registration Act 1860
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Co-operation is an activity of the people. It is a self-generated,
voluntary and self-sufficient activity. Hence little governmental interference
is desirable. However considering the economic parameters of this
movement and interests of several persons involved there is a possibility of
misuse of personal power by any of the group-members. The governments
therefore had to pass legislation to monitor the activities of the co-operatives
mainly with the purpose of safeguarding the interests of all the members.
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On receiving such applications the Asstt. Registrar through his
subordinate will conduct an inquiry to find out the feasibility and economic
viability of the proposed Cooperative Society and whether its proposed bye
laws conforms to the Meghalaya Coop. Acts and Rules. In case a proposed
Cooperative Society is either a, Fishery, / Dairy/, Poultry/, Piggery/or
Handloom etc., views and comments from concerned department has to be
obtained before registration of such society.
A date will be fixed for holding the inaugural general meeting of the
promoter in which members will finally decide on adoption of the Bye-Laws
and matters concerning with day-to-day functioning of the Society including
constitution of Managing Committee, operation of Bank Account etc.
The certificate of Registration in the form set forth and the schedule is
issued by Asstt. Registrar of Coop. Societies after registration of the society.
A copy of registration with Bye-laws is sent to the applicant and also to
concerned Departments.
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⇒ A co-operative society can be registered in Maharashtra State with the
Registrar of Co-operative Societies.
⇒ Any person competent to contract, as per the Indian contract Act, 1872
can join in the formation of a co-operative.
⇒ A group of ten persons, who reside in the area of operation of the
proposed society and are from different families, can join in application
for registration of a society.
⇒ A society with the objects of promoting the economic interests or the
general welfare of the members only can be registered.
⇒ No society which is contrary to the policy directives of the State can be
registered.
⇒ Registration can be obtained from the registrar on filling up the
application form with the necessary fees and the bye-laws.
⇒ Division/Amalgamation/Transfer and conversion of a co-operative is
allowed.
⇒ A Co-operative Society can enter into collaboration with any
Government Undertaking or any other undertaking with the prior
permission of the State Government for business.
⇒ It can also enter into a partnership with other co-operatives.
Provided that nothing in this section shall affect any provision of this Act
relating to the winding up or dissolution of the society or the cancellation of
its registration.
(a) Tenant Ownership: In the case where the land is owned by the
Society and the structure on the plot is owned by the members.
Individual members are allotted plots by the co-operative to construct
their houses. The society creates infrastructure and may also arrange
the finance for the members.
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(b) Tenant Co-partnership: The land and the constructed structure is
owned by the society and the members who are allotted the flats have
the easement rights.
(c) Builder Co-operative: where the builder floats a housing scheme and
sells the flats. The buyers of the flats then organize into a housing
society. Such societies are merely service societies or maintenance
societies.
⇒ he has fulfilled all other conditions laid down in the Act, the Rules
and the Bye-laws;
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⇒ in case of a firm, company or body corporate, society registered under
the societies Registration Act, 1860, a public trust registered under
any law for the time being in force relating to registration of public
trust or a local authority, the application for membership is
accompanied by a resolution authorizing it to apply for such
membership, and the sanction of the Lt. Governor has been accorded.
⇒ The final authority of the Society vests in the General Body of the
Society comprising of all the members.
⇒ Every Society shall call Annual General Meeting within a period of
three months after the date fixed for completing or drawing up of its
accounts for the year.
⇒ At every Annual General meeting, the Managing Committee shall lay
a statement of loans given to the members of the Managing
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Committee and their family members, Income and Expenditure
Account, Balance Sheet, a Report by the Managing Committee
regarding the Society’s affairs.
Failure to call for this meeting may attract penalty for the Managing
Committee.
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⇒ The Managing committee can appeal against its removal / dismissal.
⇒ Office bearers of a Society can be removed by the way of No
confidence motion. Such a no confidence motion has to be supported
by at least one-third of the members of the managing Committee.
Removal from office is effected only after the resolution is passed by
a simple majority in the Managing Committee.
Members of societies
1.) The members of a society which is formed under this Act shall
be the persons who sign the application for membership on the formation
of the society, and any other persons who are admitted to membership in
accordance with this Act and the rules of the society.
(b) where his shares are forfeited in accordance with the rules of the
society;
(e) on death:
Provided that the estate of the deceased person shall remain liable
and his executor or administrator shall be and may be registered as
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the holder of the shares as such executor or administrator (whether
eligible to be a member of the society or not) until some eligible
person is registered as the holder of the shares by transfer from the
executor or administrator or until the shares are withdrawn or
discharged in accordance with this Act and the rules of the society,
and while any such executor or administrator is so registered he shall
be deemed to be and shall have the rights and obligations of a
member of the society for all purposes other than voting at meetings
of the society and becoming a director thereof;
(h) where the value of his shares is repaid or a refund in respect of his
subscriptions is made to him in accordance with the rules of the
society.
5.) Where a person becomes the trustee within the meaning of the
Commonwealth Act known as the Bankruptcy Act 1966 as amended
from time to time of the estate of a member or deceased member the
trustee may be registered as the holder of the shares of the member as
such trustee (whether eligible to be a member of the society or not) until
some eligible person is registered as the holder of the shares by transfer
from the trustee or until the shares are withdrawn or discharged in
accordance with the provisions of this Act and the rules of the society
and while the trustee is so registered he shall be deemed to be and shall
have the rights and obligations of a member of the society for all
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purposes other than voting at meetings of the society and becoming a
director thereof.
Rights:-
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Every member of a co-operative housing society to whom a
plot of land or a dwelling unit has been allotted shall have the right to use
the common areas and facilities as prescribed by the co-operative housing
society. In case of any violation or misuse by a member, the management
committee is empowered to recover damages.
A member has right to attend all the meetings of the society and
vote thereat.
Duties:-
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1.) A member shall be liable to the society for the amount, if
any, unpaid on the shares held by him, together with any
charges and other moneys payable by him to the society as
prescribed by this Act or the rules of the society.
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⇒ to recover from the member any amount in respect of
which the member has made default as aforesaid-and
any amount so recoverable shall until paid be a debt
due to the society by the member and the provisions of
this Act shall apply in relation thereto accordingly.
The society may make either by itself or in
conjunction with any other society or societies any
contract or arrangement relating to or connected with
the carrying into effect of this sub-section and may
carry out any such contract or arrangement.
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The relationship between tenant and co-operative is not a simple one.
The co-op supplies the tenant with a service (housing) according to a
contract (tenancy agreement/license). The tenant pays rent in return for the
housing they occupy according to the contract.
⇒ to provide tenants with suitable housing, and other duties as laid out in
⇒ the tenancy agreement/license.
⇒ to conduct business in a fit & proper manner.
⇒ to keep accurate records & accounts of the business of the co-operative.
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⇒ A Society is a Body Corporate by the name with perpetual succession
and common Seal.
⇒ It can acquire, hold and dispose off property in its name.
⇒ It can enter in a contract.
⇒ Institute and defend suits and other legal proceedings.
⇒ It is exempted from compulsory registration of Instruments relating to
shares and debentures of Society under the Indian Registration Act 1908
⇒ The society has claim only next to the Government, on the property and
interest of the borrowing members.
⇒ The society has claim over the sale price of agricultural produce of the
borrowing member.
⇒ It is mandatory on the part of the employer to deduct from the salary of
the employee, dues of the Society, if agreed upon by the member.
⇒ The Society can receive deposits and loans from the members and other
persons within the area of operation of the Society and /or on conditions
imposed by the Registrar
⇒ Loans can be advanced to the members only. With the prior permission
of the Registrar, loans can be advanced to other Societies.
⇒ The Society has to keep and maintain updated records in prescribed
format.
⇒ There are restrictions on the transactions with the non-members.
⇒ No funds shall be divided among its members, other than the net profits
earned by the Society.
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⇒ Reserve fund shall be maintained by the Society.
⇒ All the other Societies also have to get their accounts audited by a
Certified Auditor once in every co-operative year.
⇒ The Registrar can inspect the working of the Society on his own or on
application of its creditors.
⇒ The Registrar can commission an inquiry into the affairs of the Society
on the basis of the audit report or an inspection report. He can appoint an
Inquiry Officer and conduct an inquiry through him.
⇒ The Registrar can order for compensation, if it is found That any person
has misapplied or retained any property, or money of the Society, or has
caused breach of trust.
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1. The name of a co-operative society may be changed under
section 14 so however that it does not refer to any caste or religious or
regional denomination and is not inconsistent with the objects of the co-
operative society.
Change in Liability
2.) Every notice to be given by the co-operative society under sub-sec. (2)
of section 14 shall be sent by post under certificate of posting or other
wise to the address of each of its members and creditors gs recorded in
the book of the co-operative society. A copy of such notice shall be
exhibited on the notice board of the co-operative society and a copy shall
also be sent to the Registrar for exhibition on the notice board in his
office; and thereupon, notice of the resolution to change the form or
extent of its liability shall be deemed to have been duly given to all its
members and creditors, notice not being send to their correct address or
notice not being received by them, notwithstanding.
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3.) For the purpose of determining the claims of a member under clause
(b) of sub-sec. (4) of sec. 14 the value of a share of a member in a co-
operative shall be ascertained as follows:-
(a) In the case of a co-operative society with unlimited liability, the
value of the share shall be the actual amount received by the co-
operative society in respect of such share.
(b) In the case of the co-operative society with limited liability, the
value of the share shall be the amount arrived at by a valuation
based on the financial position of the -co-operative society as
shown in the last audited balance sheet, provided that it shall not
exceed the amount actually received by the co-operative society in
respect of such share.
Explanation - For purposes of this rule, form of liability refers to limited or
unlimited while 'extent' of friability means (a) face value of share (b) the
multiple of the value of shares subscribed, and (c) value limited as to
particular amount (such as guarantee liability) etc.
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Reconstruction of a Society
A copy of the draft order shall be exhibited on the notice board of the co-
operative society and a copy thereof shall be exhibited on the notice board of
the office of the Registrar inviting objections and suggestions from, all those
interested within a specified time, which shall not exceed one month.
3.) After taking into consideration the objections and suggestion (if
any) received, the Registrar may issue an order approving such
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reconstruction or staying further proceedings in respect of such
reconstruction. On issue of an order approving the reconstruction, the co-
operative society shall stand reconstructed and the bye-laws of the co-
operative society shall be modified to that effect and to the extent.
4.) After the order referred to in sub-rule (3) has been made by the
Registrar the order of the liquidation already passed shall be deemed to
have been withdrawn with effect from the date of the order under sub-
rule (3).
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In the busy city like Mumbai, both husband and wife is
working having a very hectic work schedule. They are already under
pressure of managing there households and careers. They do not have time
to socialize and neither contributes proactively for the development of
housing cooperative.
Bye-laws:-
There are no systematic bye-laws of co-operative housing
societies in the country. All co-operative housing societies should adopt
model bye-laws suggested by the committee appointed under the president-
ship of S.T. Raja. Thereby, the registrar of societies can have control over
the working of their societies.
Financial assistance:-
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Agencies like LIC, HUDCO etc. should provide housing
loans at concessional rates. Government should try to make housing
societies more strong. Government should establish central housing finance
institute to provide finance to apex housing societies.
Tax concessions:-
The houses build by co-operative housing societies
should get concession in taxes and certain incentives should be given.
a. Before passing the order under section 63, the Registrar shall give an
opportunity to the society to show cause against the proposed order. The
show cause notice shall be sent to the President of the Society as its
registered address under registered post. The service of this notice will be
complete after 48 hours of the posting of the letter properly addressed
and pre-paid, containing the notice. The notice shall state the grounds on
which the order under section63 is proposed to be made.
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e. The order referred to in sub-rule (3) shall take effect from
the date of order notwithstanding whether or not it is published in the
official Gazette and shall operate in favour of all creditors, contributories,
debtors and any other persons, having custody, possession and control
over any asset or record of the society.
FORM’E’
Sir,
It appears to me that amendment/amendments of the bye-laws of your
society as indicated in the attached statement is/are necessary and that
it/those is/are desirable in the interest of your society.
Yours faithfully,
Registrar of Co-operative Societies.
No. ……………………….
Date ……………………….
[Seal of the officer]
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Registrar of Co-operative Societies.
FORM’A’
Application foe Registration Society
Place: ____________
Date: _____________
To,
The Additional/Joint Deputy Addistant Registrar, Co-operative Societies.
1. We submit herewith a proposal for registration of the following society
along with enclosures as indicated below.
2. We also declare that the information given herewith, including that in the
enclosures is correct to the best of our knowledge.
(a) Name of the proposed society:+
(b) Address to be registered:
(c) Whether liability is limited or unlimited:
(d) Area of operation:
(e) Objectives of the society:
(f) The amount of preliminary expenditure incurred by the
promoters till the date of application, and estimate of
expenditure likely to be incurred by them thereafter with a view
to getting the society registered.
(g) Language in which the books and accounts of the society will
be kept.
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8.
9.
10.
*.Strike of whichever is not applicable.
+.The name of the society should not have any reference to caste
or religious denomination.
Signature-
1. Chef Promoter _______________ 6. _______________
2. _______________ 7. _______________
3. _______________ 8. _______________
4. _______________ 9. _______________
5. _______________ 10. _______________
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(3) the expression “Member of family” means a wife, husband, father,
mother, grand-father, grand—mother, step-father, step-mother, son-
daughter, step-son, step-daughter, grand-son, grand-daughter, brother, sister
half brother, half sister, and wife or brother or half brother.
Enclosures-
1. Bank balance certificate.
2. List of persons who have contributed to the share capital together
with the amount contributed by each of them and the entrance fee to
be paid by them.
3. The scheme showing the details as to how the working of the society
will be economically sound, and where the scheme envisages the
holding of immovable property by the society, giving description of
immovable property proposed to be purchased, acquired or transferred
to the society.
4. a copy of the resolution authorizing a member of the committee of the
registered society to sign the application on behalf of the society.
5. a copy of the document authorizing any person to sign the application
on its behalf issued by a firm, company or other corporate body, a
society registered under the Societies Registration Act, 1860 or public
trust registered under any law for the time being in force relating to
registration of public trusts.
application).
ACKNOWLEDGEMENT
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Received Registration proposal no. …………… on ………………… for
the registration of ………………………….. Society from the chief
promoter Shri
……………………………………….
(Assistant Registrar/ Deputy Registrar/Joint
Registrar/Additional
registrar/Registrar.)
Place:
Date:
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Bibliography
Website media:-
.) <http://www.mah.nic.in/sahakaar/a.html>
.) < http://rcs.delhigovt.nic.in/regcop/act73/CHAPTER%20II.htm>
.) < http://www.avoncda.coop/Co-operative%20Social%20Firms.pdf>
Reference books:-
Conclusion
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