SOCIETY FORMATION AND
HANDOVER PROCESS BY BUILDER
The Registration process and
requirements are governed by Maharashtra State Co-operative Society Act 1960.
To Register Co-op. Housing Society,
Minimum 10 member are required.
Less than 10 members Societies are also
Registered as per M. S. Govt. Ordinance No. 1094 and 277/14 Dated 10/03/1995.
But such member’s flats should be less than 700 Sq.ft. Carpet Area
As per M.S. Govt. Notification dated 24/07/1992 conditions
for registrations are liberalized.
51 % of the Promoters are must be
ready to form Co-op. Housing Society.
If flats are sold as per the
Maharashtra Ownership Flats Act,1963 [MOFA] then it is the duty of the Builder
/ Developer to form society and hand over the Account + Documents to
Provisional Working Committee [PWC] In this
case the builder become CP and other flat owners become Promoters for
Registration purpose. This society registers under Co-operation.
When the builder is not
registering society due to some reasons or not support to registered society
then flat purchasers can apply for registration of Co-operative Housing Society
under Non Co-operation. In this case one of the flat owners should be elected
as CP for Registration purpose. In this case some more time is taken to
registered society as registrar is issue notice to builder for Non
Co-operation. If no response then ex-party decision are taken for registration
of the society. Now all the case of Non Co-operation Registration decisions is
given by District Deputy Registrar [DDR] then society is registered
All flat owners should hold
meeting and elect Promoter. All power for Registrations, documentation etc.
should be given to promoter. The resolution should be passed and must be sign
by all flat owners who wish to become member of the Co-operative Housing
Society
Appoint Consultant / Legal
Advocate for registration and ask him to comply all requirements. All members
together also can do work for registration.
For registration of Co-op. Hsg. Society the following documents
should be filed to Dy. Registrar / Asst. Registrar of Co-operative Department
area concern in order as follow:
- Applications
for Name to be reserved for Proposed Society’s - Form
of resolution electing a CP and Promoter and giving them authority for doing
certain acts on behalf of the proposed society - Notice
to Builder - Application
form “A” - Information
in Annexure ” A ” ” B ” ” C ” - Bye-Law
of the Society 2 copies - Details
of Accounts Annexure ” D ” - Bank
Balance Certificate in Original - Namuna
6 - Agreement
of 1 Flat - Advocate
Search Report [Title Certificate] - Society’s
Building Plan - Lay
Out Plan - Sanction
Plan from Authority - Commencement
Certificate - Completion
Certificate - Promoter’s
Guarantee in form ” X ” On Rs. 100/- Stamp paper & notarized - Guarantee
in form” Y ” On Rs. 100/- Stamp paper & notarized - Guarantee
in form ” Z ” On Rs. 100/- Stamp paper & notarized - Latest
7/12 or City Survey Revenue Record of Land [not more than 1 month old] - Promoters
Affidavit On Rs. 100/- Stamp paper & notarized - Indemnity
Bond On Rs. 500/- Stamp paper & notarized - NA
Order - ULC
Order - Development
Agreement and Power of Attorney - List
of Members in the society - Scheme/Yojana
Form - Registration
Fee Challan for Rs.2500 - Builder
Non Co-operation form Z On Rs. 100/- Stamp paper & notarized if required 1
copy
On submission of above document
the Dy./Asst. Registrar will go through the papers And document. If found OK he
will make order for issue of Registration Certificate.
If any deficiencies are found
then the applicant will be inform accordingly and documents will be corrected
wherever necessary. When all papers are in order, he will issue order for issue
of Registration Certificate.
Registration Certificate is
issued with covering letter and Officer’s name is mentioned who will attend
First General Meeting. Normally the Officer concern is not attending meeting.
In absence, all members has to hold meeting and has to elect Provisional
Working Committee [PWC] whose working period will be ONE Year.
After electing PWC the member of PWC has to submitted the M-20
bond on Rs. 100/- stamp paper with the sign of Officer’s whose name is in
Covering latter to Dy./Asst. Registrar. All Rule and Regulations, resolution
and minutes which is written in AGM Register must be sign by Officer’s name is
mentioned in covering letter it is the most important step.[Many society forget
this which create problem latter] After First Annual General Meeting PWC is
replaced with new Working Committee [WC] whose working period will be FIVE Year.
The new WC election can conduct before PWC time over with proper election
process. WC also has to submitted the M-20 bond on Rs. 100/- stamp paper with
the sign of election officer to Dy./Asst. Registrar.
When application for Name reservation of Society
has given, the Dy./Asst. Registrar give instruction to Open Bank Account in
Dist. Central Co-op. Bank The Account
has to opened in the name of CP And deposit all money of Share Capital
Contribution [per member Share Money is Rs. 50*10 = Rs. 500 i.e. 10 share of 50
rupees each] and Member ship Fees of Rs.
100/- i.e. Per member you have to deposit Rs. 600/- in bank and obtain Bank
Balance Certificate and submitted it to Dy./Asst. Registrar. After First Annual
General Body Meeting the Bank Account has to transfer in the name of
Society.For bank Account operation Chairman sign must and either Secretary and
Treasurer. Expenditure has to be made as per provision of Bye-Laws. Bank and
Cash Transaction [Collection and Payment are handled by Treasure when Billing
Clerk or Accountant are not been kept.
