Ans) 60% of the flat purchasers/ promoters are required to join the registration proposal if building is constructed by builder/developer.
90% promoters are required to join the registration proposal for society of open plot type category.
Ans) 60% of the promoters who have joined the registration proposal are required to sign it.
Ans) 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
Ans) 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 builder. Registrar may consider such a proposal for Registration on merit.
Ans) Conditions for registration of CHS in Private building
Ans) 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 Before registration of the Cooperative Housing Society, money can be withdrawn with the permission of the Registrar.
Ans) 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 Co-operative Societies Act 1960.
Ans) Such rejection order can be challenged by filing appeal under section 152 of the M.C.S. Act 1960 before the Divisional Joint Registrar C.S. of the concerned Division.
Ans) Such societies can be de-registered under the provision of Section 21-A of the M.C.S. Act 1960.
Ans) Rules 10 of the Maharashtra Co-operative Societies Rules, 1961 provides the following classification of the CHS
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
Ans) 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.
Ans) The first General Meeting can be convened within a period of three months from the date of registration of CHS.
Ans) Chief Promoter of the CHS can convene the first General Meeting of the members.
Ans) 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
Ans) Rules 60 of the M.C.S. Rules 1961 provides that the secretary of the CHS is responsible to convene the AGM
Ans) Bye-law No 139 (16) provides that the committee of the CHS should ensure the holding of AGM within the prescribed period.
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.
Ans) 14 clear days notice is required to be given for calling the AGM.
Ans) The period of provisional committee is of one year from the date of which it has been first constituted.
Ans) 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.
Ans) 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.
Ans) Ex managing Committee member can contest the election, if they are otherwise qualified.
Ans) An appeal under section 152A 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.
Ans) If the member pays his dues before the time of scrutiny of nominations, he becomes eligible to contest the election of committee.
Ans) 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.
Ans) 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.
Ans) Committee has no authority to remove the members from its committee.
Ans) Repairs and maintenance funds is utilized for meeting the expenditure on maintenance and normal repairs of the building of CHS by committee. Major repairs fund is utilized with prior approval of G.B. for major repairs such as plastering, Colour of buildings etc.
Ans) 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.
Ans) In the interest of members of the Society Registrar may impose amendment of bye-laws u/s 14 of M.C.S. Act 1960.
Ans) In the interest of the member, Registrar may enforce division of the CHS.
Ans) A person whose membership application is not accepted by CHS may apply to the Registrar u/s 23 (1A) in the prescribed H-1 form.
Ans) On failure of CHS to dispose of the membership of a person within a period of three months m he may apply to the Registrar u/s 22 (2).
Ans) A person whose application for membership is rejected, may apply to the Registrar u/s 23 (2) of the M.C.S. Act 1960.
Ans) Upto 60% of the total membership is allowed to firm, company and body corporate members.
Ans) Bye law no. 38 provides that the CHS may collect amount of premium at the rate to be fixed by the General Body meeting but within the limits as prescribed under the circular issued by the Department of Co-operation, Government of Maharashtra from time to time and therefore the general body's resolution contradicting the Government circular shall not be acted upon.
Ans) Bye-law No. 38 bars the CHS for collecting transfer premium for mutual exchange of flat amongst the member in the CHS.
Ans) Bye-law No 38 bars the CHS for collecting transfer premium for transfer of flat to family members.
Ans) Section 29 (2) provides that member cannot transfer any share held by him or his interest in the capital or property unless and until he has held such share or interest for a period of one year.
Ans) Non-occupancy charges can be collected by CHS only when member has rented out his flat or given on leave and license basis.
Ans) Non-occupancy charges can be collected to the extent as decided by the General body meeting but not more than 10% of the service charges as has been stated in the circular dated 1st of August 2001 issued by State Government.
Ans) Service charges are to be charged equally irrespective of the size of the flat as provided in bye law no 69 of the model bye laws.
Ans) Bye-law no 69 provides that water charges can be charged on the basis of total number and size of inlets provided in each flat. Therefore, water charges shall be levied from those unit holders who have supplied water connections only.
Ans) Member may file dispute u/s 91 of the MCS Act 1960 before Cooperative Court.
This results in damaging the plaster of the 'B’ who lives in the lower flat. Whether repairs to plastering of the ceiling of flat of ‘B’ are to be carried out from the society's funds?
Ans) Such type of repairs cannot be carried from funds of the CHS. The remedy available is to file dispute u/s 91 of MCS Act 1960 before Cooperative Court.
'A' is the member who lives in the flat which is above flat ‘B’ has undertaken repairs. This has resulted in leakages in the flat of ‘B’ which is below flat ’A’. Whether such type of leakages can be repaired from society’s funds?
Ans) Bye-laws No 160 provides that repairs of such type of leakages cannot be done from the funds of CHS. Remedy available is to file dispute u/s 91 of the MCS Act 1960 before cooperative Court.
"A" is the member living in the upper flat, he does not carry out any alteration/ modification and leakages started in the lower flat due to structural defects. Whether such leakages can be repaired from the funds of the CHS?
Ans) Such type of repairs can be carried out from funds of the CHS.
Ans) Yes, the same can be repaired by CHS from its funds.
Whether a member can claim compensation to repairs carried out by him which is supposed to carry out by CHS from its own fund. Which is the proper authority?
Ans) For compensations of the repairs carried out by member of behalf of the CHS, he may file dispute in the Cooperative Court u/s 91 of MCS Act 1960 if CHS refuse to give him required credit.
Ans) Yes, CHS is required to pay income tax.
Ans) Yes, transfer premium and donation received by CHS are taxable.
Ans) Yes, Sale proceeds of F.S.I. are taxable.
Ans) Rates of I.T leviable to CHS:
Ans) Yes, CHS is liable to deduct I.T. At source for its payments to contractor.
Ans) Such excess collection from members over expenditure is not treated as income for the purpose of levying IT.
Ans) C.H.S. is required to file return in Form No. 2.
Ans) CHS can take donation but not from transferor or transferee.
Ans) CHS may follow the procedure u/s 35 of MCS Act, 1960. If the expulsion is approved by the Registrar CHS may take possession of the flat.
Ans) CHS may file eviction suit in Co-operative Court.
Ans) Parking space approved by Competent Authority and purchased by member can be sold out to the other eligible member of the CHS.
Whether the provisions of Section 59 to 61 Indian Contract Act 1872 are applicable in case CHS submits an application to the Financial Institution stating for full and final payments and such application is accepted by the Financial Institution? Whether interest and principal construed as different debts under the provision of section 59 to 61?
Ans) Provision of Section 59 to 61 of Indian Contract Act 1872 is applicable where a debtor owes several distinct debts to one person and voluntarily makes payments.
Hon. Supreme Court of India has laid down the ratio in Civil Appeal No. 16902 of 1996 decided on Feb.10, 1999 that principal and interest are constructed as a single debt and therefore provisions of section 59 to 61 of the Indian Contract Act 1872 are not applicable in such case.