Lecture on

Registration of Cooperative Housing Society

under Maharashtra Cooperative Societies Act,

1960

ByShri Sunil Deshmukh

District Deputy Registrar (Retd.)

Important Provisions of MSC Act, 1960

4. Societies which may be registered. -A society, which has as its objects the promotion of the economic interests or general welfare of its members, or of the public, in accordance will co-operative principles, or a society established with the object of facilitating the operations of any such society, may be registered under this Act;

Provided that, no society shall be registered if it is likely to be economically unsound, or the registration of which may have an adverse effect on development of the co-operative movement, or the registration of which may be contrary to the policy directives which the State Government may, from time to time, issue.

5. Registration with limited or unlimited liability.- A society may be registered with limited or unlimited liability.

6. Conditions of registration.

-(1) No society, other than a federal society, shall be registered under this

Act, unless it consists of at least ten persons or such higher number of

persons as the Registrar may, having regard to the objects and economic

viability of a society and development of the co-operative movement,

determine from time to time for a class of societies (each of such persons

being a member of a different family), who are qualified to be members

under this Act, and who reside in the area of operation of the society

(3) No federal society shall be registered unless it has at least five societies

as its

members.

(4) Nothing in this Act shall be deemed to affect the registration of any

society made before the commencement of this Act.

(5) The word 'limited' or "unlimited" shall be the last word in the name of

every society with limited or unlimited liability, as the case may be, which

is registered or deemed to be registered under this Act.

Explanation.- For the purposes of this section and section 8 the expression

"member of a family" means a wife, husband, father, mother, son, or

unmarried daughter.

7. Power to exempt societies or class of societies from conditions as to registration.- Notwithstanding anything contained in this Act, the State Government may, by general or special order, exempt any society or class of societies from any of the requirements of this Act as to registration, subject to such conditions (if any) as it may impose.

8. Application for registration.- (1) For the purposes of registration, an application shall be made to the Registrar in the prescribed form, and shall be accompanied by four copies of the proposed by-laws of the society and such registration fee as may be prescribed in this behalf.

Different registration fees may be prescribed for different classes of societies, regard being had to the service involved in processing an application for registration. The person by whom, or on whose behalf, such application is made, shall furnish such information in regard to the society, as the Registrar may require.

(2) The application shall be signed—

(a) in the case of a society other than a federal society by at least ten persons(each of such persons being a member of a different family), who are qualified under this Act, and

(b) (b) in the case of a federal society, by at least five societies.

No signature to an application on behalf of a society shall be valid, unless the Person signing is a member of the committee of such a society and is authorised by the committee by resolution to sign on its behalf the application for registration of the society and its bylaws; and a copy of such resolution is appended to the application.

9. Registration.- (1) If the Registrar is satisfied that a proposed society has complied with the provisions of this Act and the rules, or any other law for the time being in force, or policy directives issued by the State Government under section and that its proposed by-laws are not contrary to this Act or to the rules, he shall, within two months, from the date of receipt of the application register the society and its by-laws.

(2) Where there is a failure on the part of the Registrar to dispose of such application within the period aforesaid, the Registrar shall, within a period of fifteen days from the date of expiration of that period refer the application to the next higher officer and where the Registrar himself is the registering officer, to the State Government, who or which, as the case may be, shall dispose of the application within two months from the date of its receipt and on the failure of such higher officer or the State Government, as the case may be, to dispose of the application within that period, the society and its by-laws shall be deemed to have been registered and thereafter the Registrar shall issue a certificate of registration under his seal and signature within a period of fifteen days.

(3) Where the Registrar refuses to register a proposed society, he shall forth-with communicate his decision, with the reasons therefor, to the person making the application and if there be more than one to the person who has signed first thereon.

(4) The Registrar shall maintain a register of all societies registered, or deemed to be registered, under this Act

10. Evidence of Registration.- A certificate of registration signed by the Registrar, shall be conclusive evidence that the society therein mentioned, is duly registered, unless it is proved that the registration of the society has been cancelled.

Section 70 – Permission for Opening of Bank Account for the Cooperative Housing Society Ltd.

RULES FOR REGISTRATION OF COOPERATIVE SOCIETIES

UNDER

MAHARASHTRA COOPERATIVE SOCIETIES RULES, 1961

4. Application for registration and registration fees.

(I) Every application for registration of a society under Section 8 shall be made in Form 'A' in Marathi, Hindi or English, and shall, subject to the provisions of sub-section

(2) of Section 8 and sub-rules (2) and (3), be signed by the applicants and shall, in addition to four copies of the proposed bye-laws of the society, be accompanied by:

a) a list of persons who have contributed to the share capital, together with the amount contributed by each of them, and the entrance fee paid by them; (b) a certificate from the Bank or Banks stating the credit balance therein in favour of the proposed society;

(c) a scheme showing the details explaining how the working of the society will be economically sound and, where the scheme envisages the holding of immovable property by the society, the description of such property proposed to be purchased, acquired or transferred to the society; (d) such other documents as may be specified in the model bye-laws, if any, framed by the Registrar;

Registration Fee : Housing Societies (excluding societies of backward clases person)

(a) Tenant Ownership Housing Societies – Rs.2500

(b) Tenant Co-Partnership Housing Societies – Rs.2500

(c) Other Housing Societies – Rs. 2500

(d) Housing Societies of Backward Class Persons - Rs.50

(e) Housing Societies of Lok Awa Yogna - Rs.50

(f) General Societies - Commercial - Rs.1250

5. Registration

(1) On receipt of an application under Rule 4, the Registrar shall enter particulars of the application in the register of application to be maintained in Form 'B', give a serial number to the application and issue a receipt in acknowledgement thereof.

(2) The Registrar may give, wherever necessary, opportunity to the promoters to modify the proposed bye-laws before finally registering the society or rejecting the application for registration of the society.

(3) On registering a society and its bye-laws under sub-section (1) of Section 9, the Registrar shall as soon as may be, notify the registration of the society in the Official Gazette and grant to the society, a certificate of registration signed by him and bearing his official seal and containing the registration number of the society, and the date of its registration. The Registrar shall also furnish the society with a certified copy of the bye-laws approved and registered by him.

7. Refusal of Registration

Where any society does not furnish the information in regard to the society as required by the Registrar or fulfil any of the conditions laid down in the Act or these rules, the Registrar may refuse to register that society.

8. Matters in respect of which Registrar may direct society to make bye-laws or society may make bye-laws -

9. First Bye-law of the Society

CLASSIFICATION OF COOPERATIVE HOUSING SOCIETIES – Rule 10

5 Housing Society (a) Tenant Ownership Housing Society

Housing Societies where land is held either on lease-hold or free- hold basis by Societies and houses are owned or are to be owned by members.

(b) Tenant Co- partnership Housing Society

Housing Societies which hold both land and buildings either on leasehold or free-hold basis and allot them to their members.

(c) Other Housing Societies House House Mortgage Societies and House Construction Societies

FORMS TO BE SUBMITTED

FOR REGISTRATION OF

HOUSING SOCIETIES

Check List

Name Reservation Application

Court Fees Stamp of Rs.50

Scrutiny Form

UNDERTAKING BY THE CHIEF PROMOTER AS PER FORM 'Y'

 

I, ________________, Chief Promoter of the PROPOSED _________________., do hereby state that:-

I have been elected as Chief Promoter of the Proposed _________________________________, by the promoters in their meeting held on ___________.

I have been authorized by the promoters in their meeting on ________ to make an application for registration of the ______________ (PROPOSED) and also authorised to take such further action and furnish such further information to secure registration of the said society as may be necessary.

 

_______________Builder-Promoter have collected from the promoters amount of Rs.500/- (Rs.Five Hundred

Fifty Only) towards share capital, Rs.100/- (Rs. One Hundred Only) towards Membership Entrance fees and

Rs.2,500/- (Rs. Two Thousand Five Hundred Only) towards Preliminary Expenses for the purpose of

registration of the society.

Thee Builder-Promoter has opened an account with the _____________, in the name of the Proposed

__________________ and deposited therein an amount of Rs._______/- after meeting preliminary

expenses of Rs.2,500/- and keeping cash of Rs. Nil with him for meeting further preliminary expenses.

I have received the applications for membership from the promoters who have signed the application for

registration, including that of the Builder-Promoter in respect of unsold units, along with certified true

copies of registries agreements, entered into with the Builder-Promoter by the promoters, under section4 of

Maharashtra Ownership Flats (Regulation of Promotion of Construction, Sale, Management and Transfer)

Act, 1963.

4. I have obtained from the Builder-Promoter:-

• i. List of sold and unsold flats & shops with the area and value of each sold units.

• ii. Bank Balance Certificate.

• iii. Building Occupation Certificate

• iv. A certificate clear and marketable title of the property from Solicitor/Advocates of good standing

• The correspondence regarding assessment of the property by the Municipal Corporation for the municipal taxes

vi. A detailed statement of Account of the

a. The amount collected from the promoters by the Builder-

promoter from time to time.

b. Payment made by the Builder-Promoter from time to

time with detailed vouchers for the payments.

c. Amounts held by the Builder-Promoter in cash and by

Bank.

d. Expenses proposed to be incurred till registration of the

society.

e. Deposits made with the Municipal Corporation, BEST

Undertaking/Bombay Suburban Electric supply in

connection with electricity connections.

 

5. The Builder-Promoter has attested the signatures of the

Promoters on the application (4 copies) for registration,

information about intending members and 2 copies of the

Byelaws at two places in each copy. 

6. I have obtained an undertaking on a Twenty Rupees

Stamp paper from the Builder-Promoter regarding

compliance of the various provisions of the Maharashtra

Ownership Flats (Regulation of Promotion of Construction,

Sale, Management and Transfer) Act, 1963 as per form

enclosed.

 

 

Place . CHIEF PROMOTER

DATED THIS DAY OF

 

UNDERTAKING BY THE CHIEF PROMOTER AS PER FORM 'Y’

I, SHRI. DEEPAK K. GORADIA, Chief Promoter of the PROPOSED DOSTI VRISHTI D E F(DOSTI VIHAR) CO-OP HOUSING SOCIETY LTD., do hereby state that:-

I have been elected as Chief Promoter of the Proposed DOSTI VRISHTI D E F (DOSTI VIHAR) CO-OP. HOUSING SOCIETY LTD., by the promoters in their meeting held on 16.01.2016.

I have been authorized by the promoters in their meeting on 16.01.2016 to make an application for registration of the DOSTI VRISHTI D E F (DOSTI VIHAR) CO-OP. HOUSING SOCIETY LTD. (PROPOSED) and also authorised to take such further action and furnish such further information to secure registration of the said society as may be necessary.

M/S. DOSTI CORPORATION (VIHAR) Builder-Promoter have collected from the promoters amount of Rs.500/- (Rs.Five Hundred Fifty Only) towards share capital, Rs.100/- (Rs. One Hundred Only) towards Membership Entrance fees and Rs.2,500/- (Rs. Two Thousand Five Hundred Only) towards Preliminary Expenses for the purpose of registration of the society.

The Builder-Promoter has opened an account with the Thane District Central Co-Op. Bank Ltd., Thane West Branch in the name of the Proposed DOSTI VRISHTI D E F (DOSTI VIHAR) CO-OP. HOUSING SOCIETY LTD. and deposited therein an amount of Rs._______/- after meeting preliminary expenses of Rs.2,500/- and keeping cash of Rs. Nil with him for meeting further preliminary expenses.

3. I have received the applications for membership from the promoters who have signed the application for registration, including that of the Builder-Promoter in respect of unsold units, along with certified true copies of registries agreements, entered into with the Builder-Promoter by the promoters, under section4 of Maharashtra Ownership Flats (Regulation of Promotion of Construction, Sale, Management and Transfer) Act, 1963.

4. I have obtained from the Builder-Promoter:-

• i. List of sold and unsold flats & shops with the area and value of each sold units.

• ii. Bank Balance Certificate.

• iii. Building Occupation Certificate

• iv. A certificate clear and marketable title of the property from Solicitor/Advocates of good standing

• The correspondence regarding assessment of the property by the Municipal Corporation for the municipal taxes

 

vi. A detailed statement of Account of the

a. The amount collected from the promoters by the Builder-promoter from

time to time.

b. Payment made by the Builder-Promoter from time to time with detailed

vouchers for the payments.

c. Amounts held by the Builder-Promoter in cash and by Bank.

d. Expenses proposed to be incurred till registration of the society.

e. Deposits made with the Municipal Corporation, BEST

Undertaking/Bombay Suburban Electric supply in connection with

electricity connections.

 

 

5. The Builder-Promoter has attested the signatures of the Promoters on

the application (4 copies) for registration, information about intending

members and 2 copies of the Byelaws at two places in each copy.

 

6. I have obtained an undertaking on a Twenty Rupees Stamp paper from

the Builder-Promoter regarding compliance of the various provisions of the

Maharashtra Ownership Flats (Regulation of Promotion of Construction,

Sale, Management and Transfer) Act, 1963 as per form enclosed.

 

 

 

MUMBAI. CHIEF PROMOTER

DATED THIS DAY OF

DECLARATION REGARDING COMPLIANCE OF THE PROVISIONS OF MAHARASHTRA OWNERSHIP FLATS ACT, 1963

AS PER FORM 'Z’

We, ___________________, Builder-Promoter in respect of the Proposed ______________________________. do hereby state:-

1. We ______________ has a good, clear and marketable title of the land mentioned in form "B" of the application for registration, supported by Certificate from MR. Advocate, dated .

2. We, _______________ Constructed Buildings with _____ Flats, ____ sold in the building which is supported by a Certificate of Architect M/S___________.

3. We, ____________ so far sold out residential flat in the building.

4. The names of the persons to whom residential flats so far have been sold out, with area of each such units and value realized thereof are given in the statement 'A' appended to this undertaking a copy of which is given to the Chief Promoter of the society.

5. We, _____________ have made an application for membership of the society in respect of the unsold residential flats and shops and the information about these unsold units is furnished in the statement 'B' appended to this undertaking, a copy of which is given to the Chief Promoter of the society.

6. The unsold units mentioned in the statement 'B' appended to this undertaking are in our possession, under our lock and key and have not been let out, given on leave and license basis or on any other basis to any person or persons and the possession of the said units will not be given to any person & persons in any manner except under an agreement executed in the manner stated under section 4 of the Maharashtra Ownership Flats(Regulation of Promotion of Construction, Sale, Management and Transfer) Act, 1963.

7. We have got registered under Indian Registration Act, 1908 all the agreements in respect of the units mentioned in the Statement 'A' appended to this undertaking executed under section 4 of the Act, referred to in the clause 6 above.

8. We have transferred to the Chief Promoter of the Society, all the applications for membership, received by us from the purchasers of the units, after duly attesting signatures, along with certified true copies of the registered agreements referred to in clause 7 above, and that the applications membership duly attesting signatures on them in respect of unsold units when sold out will be sent to the Chief Promoter or the Hon. Secretary of the society, as the may be the case, along with certified true copies of the registered agreement.

9. The number of firms and companies, registered under any law for the time being enforce to whom the units have been sold do not exceed limit, prescribed by the state Government by their Notifications issued under section 22 of the Maharashtra Co-operative Societies Act, 1960 and that these firms and companies fulfill the conditions of membership prescribed under such Notifications.

10. The Building has been constructed according to plans and specifications approved by the Municipal Corporation a certified true copy of which has been given to the Chief Promoter of the Society.

11. We have not made and will not make any alterations in the structure in respect of any unit, which has been sold out, without the previous consent in writing of the purchaser till the property is conveyed in the name of the society, after its registration.

12. We have not made and will not make any alterations in the structure of the building or have not constructed and will not construct any additional structure, without the previous consent of all persons to whom units have been sold , until the property is conveyed in the name of the society, after its registration.

13. Any defects in the construction, or in the material used or any unauthorized change in the construction brought to our notice within the period of one year from the date of handing over possession of the units sold out shall be attended to by us promptly and rectified at our cost or if the defects could not be rectified, reasonable compensation shall be paid by us to the persons or the society as may be the case.

14. We have not and will not create any charge on the land and the

buildings or any units therein without the previous consent of the

purchasers of the units, until the property is conveyed in the name of the

Society after its registration.

15. A detailed statement 'C' of account indicating therein the names of the

purchasers of the units, the amount collected from each such

purchasers from time to time, the purposes towards which such

amounts were collected and there as statement 'D' showing the amounts

spent so far, the purposes for which same are/were spent, amounts due

for payment but not paid and the amounts held by us in cash and in

bank is appended to this undertaking and undertake to refund any

amount recovered in excess to the purchasers of the units.

16. We will be collecting hereafter the Municipal taxes, Water Charges,

Electricity charges, land revenue, N.A. Taxes and other out goings

from the purchasers of the units till conveyance of the property in the

name of the society and will pay the same to the Municipal

Corporation and Other authorities concerned and will not make any

default in making such payments.

17. We have not recovered any amounts from the purchasers of the units

towards Stamp Duty and Registration charges who are not liable to pay

Stamp Duty according to Government Order not we have recovered

any amounts towards Stamp duty and Registration Charges in

excess of that legally payable by any of the purchasers of the unit.

We undertake to convey the right, title and interest in the property, without making any reservation in our favour, whatsoever, within the period mentioned in the agreement, executed under section 4 of the Maharashtra Ownership flats (Regulation of Promotion of Construction, sale, Management and Transfer) Act, 1963 and if not such period is mentioned in the agreement referred to above, within 4 months of the date of Registration of the society and to pass on documents of registration to the society.

 

  

 

(BUILDER-PROMOTER)

DECLARATION REGARDING COMPLIANCE OF THE PROVISIONS OF MAHARASHTRA OWNERSHIP FLATS ACT, 1963 AS PER FORM

'Z'

We, M/S. DOSTI CORPORATION (VIHAR), Builder-Promoter in respect of the Proposed DOSTI VRISHTI D E F (DOSTI VIHAR) CO-OP. HOUSING SOCIETY LTD. do hereby state:-

1. We M/S. DOSTI CORPORATION (VIHAR) has a good, clear and marketable title of the land mentioned in form "B" of the application for registration, supported by Certificate from MR. Advocate, dated 12.12.2012

2. We, M/S. DOSTI CORPORATION (VIHAR) Constructed Buildings with 231 Flats, 231 sold in the building which is supported by a Certificate of Architect M/S. Archetype Consultants (I) Pvt Ltd.

3. We, M/S. DOSTI CORPORATION (VIHAR) so far sold out residential flat in the building.

4. The names of the persons to whom residential flats so far have been sold out, with area of each such units and value realized thereof are given in the statement 'A' appended to this undertaking a copy of which is given to the Chief Promoter of the society.

5. We, M/S. DOSTI CORPORATION (VIHAR) have made an application for membership of the society in respect of the unsold residential flats and shops and the information about these unsold units is furnished in the statement 'B' appended to this undertaking, a copy of which is given to the Chief Promoter of the society.

6. The unsold units mentioned in the statement 'B' appended to this undertaking are in our possession, under our lock and key and have not been let out, given on leave and license basis or on any other basis to any person or persons and the possession of the said units will not be given to any person & persons in any manner except under an agreement executed in the manner stated under section 4 of the Maharashtra Ownership Flats(Regulation of Promotion of Construction, Sale, Management and Transfer) Act, 1963.

7. We have got registered under Indian Registration Act, 1908 all the agreements in respect of the units mentioned in the Statement 'A' appended to this undertaking executed under section 4 of the Act, referred to in the clause 6 above.

8. We have transferred to the Chief Promoter of the Society, all the applications for membership, received by us from the purchasers of the units, after duly attesting signatures, along with certified true copies of the registered agreements referred to in clause 7 above, and that the applications membership duly attesting signatures on them in respect of unsold units when sold out will be sent to the Chief Promoter or the Hon. Secretary of the society, as the may be the case, along with certified true copies of the registered agreement.

9. The number of firms and companies, registered under any law for the time being enforce to whom the units have been sold do not exceed limit, prescribed by the state Government by their Notifications issued under section 22 of the Maharashtra Co-operative Societies Act, 1960 and that these firms and companies fulfill the conditions of membership prescribed under such Notifications.

10. The Building has been constructed according to plans and specifications approved by the Municipal Corporation a certified true copy of which has been given to the Chief Promoter of the Society.

11. We have not made and will not make any alterations in the structure in respect of any unit, which has been sold out, without the previous consent in writing of the purchaser till the property is conveyed in the name of the society, after its registration.

12. We have not made and will not make any alterations in the structure of the building or have not constructed and will not construct any additional structure, without the previous consent of all persons to whom units have been sold , until the property is conveyed in the name of the society, after its registration.

13. Any defects in the construction, or in the material used or any unauthorized change in the construction brought to our notice within the period of one year from the date of handing over possession of the units sold out shall be attended to by us promptly and rectified at our cost or if the defects could not be rectified, reasonable compensation shall be paid by us to the persons or the society as may be the case.

14. We have not and will not create any charge on the land and the

buildings or any units therein without the previous consent of the

purchasers of the units, until the property is conveyed in the name of

the Society after its registration.

15. A detailed statement 'C' of account indicating therein the names of

the purchasers of the units, the amount collected from each such

purchasers from time to time, the purposes towards which such

amounts were collected and there as statement 'D' showing the

amounts spent so far, the purposes for which same are/were spent,

amounts due for payment but not paid and the amounts held by us in

cash and in bank is appended to this undertaking and undertake to

refund any amount recovered in excess to the purchasers of the units.

16. We will be collecting hereafter the Municipal taxes, Water Charges,

Electricity charges, land revenue, N.A. Taxes and other out goings

from the purchasers of the units till conveyance of the property in the

name of the society and will pay the same to the Municipal

Corporation and Other authorities concerned and will not make any

default in making such payments.

17. We have not recovered any amounts from the purchasers of the units

towards Stamp Duty and Registration charges who are not liable to pay

Stamp Duty according to Government Order not we have recovered

any amounts towards Stamp duty and Registration Charges in

excess of that legally payable by any of the purchasers of the unit.

We undertake to convey the right, title and interest in the property, without making any reservation in our favour, whatsoever, within the period mentioned in the agreement, executed under section 4 of the Maharashtra Ownership flats (Regulation of Promotion of Construction, sale, Management and Transfer) Act, 1963 and if not such period is mentioned in the agreement referred to above, within 4 months of the date of Registration of the society and to pass on documents of registration to the society.

 

  

 

(BUILDER-PROMOTER)

List of sold and unsold Flats by the Promoter

Architect Certificate

For Examination of the Construction of Scheme.

Title Certificate by Advocate

Approved Plan,

Commencement Certificate

& Occupation Certificate

FORM VI

(See RUle 12)

Court-fee stamp of Rupees 1000/ (Rupees One thousand only)

Form of application under proviso to sub-section (1) of section 10 of the Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963 (Mah. XLV of 1963) for obtaining direction to the concerned Registrar of Co-operative Societies for registration of society. Before the Competent Authority at ………………….

Application under proviso to sub-section (1) of section 10 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer ) Act, 1963.

Application No. ………………….. of 20 ……………………

 

…………………………………………… Applicant/s;

Versus

……………………………………………Promoter/s Opponent/s.

The Applicant/s above-named state as follows:

1. The Applicant is the Chief Promoter of ……………….…………… Co-operative Housing Society Ltd. ( Proposed ) having its address at Plot No. ……………………….. (address) ……….……………………………………………………………………… (hereinafter referred to as “the said proposed Society" for the sake of brevity).

2. The Chief Promoter has been elected in the meeting of the persons who have taken flat from the Opponent (hereinafter referred to as “the flat purchasers”) held on and the copy of the resolution is annexed and marked Exhibit No. ………

3. The Applicant states that the building of the Society consists of ………………… wings / ……………… building known as ………………. (give the description here)

4. The Applicant state that the Opponent No. ……………………… and/or their Authorised Representatives has/have entered into Agreement for sale of flats/ shops with the individual purchasers of the flat/ shop and entered into Agreement for Sale of the said flat/shop as required under section 4 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 and all Agreements are duly stamped, as required under the Bombay Stamp Act, 1958 and also duly registered, as required under the Registration Act, 1908.

5. The Opponent No. 1 and their Authorised Representatives have agreed to register the Society or Company or Association of flat purchasers, to maintain the building and common areas. The copy of the said Agreement for Sale executed with one of the flat/ shop purchaser Mr./ Mrs. …………………………….. with the Opponent No. ………….. is enclosed herewith and marked as Exhibit No. ………………

6. And a list of flat purchasers with the details of flat number, area, stamp duty paid, registration number, registration fees paid, etc., is given in Exhibit No. ………

7. The Applicant further states that the flat purchasers in their meeting have elected the Applicant as a Chief Promoter and also have authorised the Applicant to register the Society.

8. The Applicant states that the Opponent No. …………………… has failed

to submit an application for registration of the organisation of flat purchasers

as a co-operative society as required under sub-section (1) of section 10 of

the said Act within the time prescribed under rule 8 of the Maharashtra

Ownership Flats (Regulation of the promotion of construction, sale,

management and transfer) Rules, 1964. The Applicant is, therefore, entitled

to get the direction / order from this Competent Authority for registration of

the Society by the flat purchasers of the said building as per the provisions

of the Maharashtra Co-operative Societies Act, 1960, under proviso to sub-

section (1) of section 10 of the Maharashtra Ownership Flats (Regulation of

the promotion of construction, sale, management and transfer) Act, 1963

(Details of the sequence of events and the correspondence may be

mentioned by the Applicant here)

9. The Applicant will rely upon a list of documents, which is annexed hereto

10. The Applicant. therefore, pray ‑

(a) That this Hon’ble Competent Authority be pleased to order the

registration of the proposed co-operative society under the proviso to

sub-section (1) of section 10 of the Maharashtra Ownership Flats

(Regulation of the Promotion of Construction, Sale, Management and

Transfer) Act, 1963.

(b) For costs of the application to be provided.

(c) For such other relief as this Hon'ble Competent Authority may deem fit.

Advocate/Authorised RepresentativeApplicant.

verification

I, Shri …………………………………………………………………… being the Applicant/ Chief Promoter of proposed Society and Authorised Representative abovenamed, residing at ……………….…… floor …….. do hereby state on solemn affirmation that what is stated in the foregoing Application is true to my own knowledge and I believe the same to be true.

Solemnly declared at ………………

This day …………….. of ……….. 20 ………

Sd/-

Before me -

Sd/-

Advocate/Authorised RepresentativeNotary Public

Note.- When an Applicant is a Body Corporate, a copy of the resolution of its Committee or Board of Directors shall accompany the Application.]

Form VI added by the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) (Amendment) Rules, 2010, vide Notification No. F0B. 2008/CR. 170/RR-II, dated 27th September, 2010.

BYE LAWS OF

COOPERATIVE HOUSING SOCIETY

STRENGTH OF MANAGING COMMITTEE No of member of the Society

General Reserved Total Quorum of Meeting Women SC/ST OBC VJ/NT/SBC

Upto 100 6 2 1 1 1 11 6 101 to 200

8 2 1 1 1 13 7

201 to 300

10 2 1 1 1 15 8

301 to 500

12 2 1 1 1 17 9

501 and above

14 2 1 1 1 19 10

* Quorum for the meeting will be simple majority for the existing Committee Members.