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 natureList 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
MembersForm-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 society’s 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.
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