Adopt New Model Bye-Law before 30th April

By Accommodation Times News Services

MCS Act 1960 amended as per 97th Amendment Ordinance – 2013 has come into force w.e.f. 15.02.2013. It has become necessaty for all the co-operative housing societies to call for a Special General Body Meeting before 30.04.2013 to adopt the MODEL BYE – LAWS OF COOPERATIVE HOUSING SOCIETY AS PER 97TH CONSTITUTIONAL AMENDMENT and MAHARASHTRA CO-OP. SOCIETIES (AMENDMENT) ORDINANCE 2013. The agenda should be as following:

1) To discuss about the MODEL BYE – LAWS OF COOPERATIVE HOUSING SOCIETY AS PER 97TH CONSTITUTIONAL AMENDMENT and MAHARASHTRA CO-OP. SOCIETIES (AMENDMENT) ORDINANCE 2013 and adopt the same (copy of the Model Bye Laws is attached)
2) To appoint auditor
3) To appoint auditor from the penal approved by the co-operative department
4) One audito can not continue for more than 3 years and can take up auditing of more than 20 co-operative societies
5) To submit the copies of adopted Model Bye Laws to the concerned registrar’s office for approval.

All the societies whose term is over before this (15.02.0213) or is going to be completed within next six months must follow the above procedure immediately.

It is binding for all the societies to hold AGM before 30th September. There is no provision for extension.

The related Circular No. 503 dated 28.02.2013 issued by Deputy Registrar of K – West Ward

Down Load Free : Model Bye-Law : MODEL_BYE_LAWS_OF_HOUSING_CO-OPERATIVE_SOCIETIES_as_per_97th_Amendment





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7 thoughts on “Adopt New Model Bye-Law before 30th April

  1. Thank you for the information. But, the DDR has no authority to issue circulars about deadlines for Societies to adopt the 2013 Bye laws. The Mah. State Govt. Ordinance has not yet become a Law. The DDRs have not sent the circulars to Hsg. Societies. Only those who go to DDR in Thane/Kalyan are handed over the circular with the MC & AGM dates and Agenda. Also, some rules in 2013 Bye laws are good but some others are unnecessary and time consuming for Hsg. Societies especially when already 99% members don’t become MC members as they don’t want to waste their weekends and compromise on their personal lives. Also, caste discrimination has been introduced with Reservation here too. Hsg. Societies currently have no information about the caste of their members in their records as the same is not incorporated in the application forms. Now, will the Govt. modify the application forms for CHS and will the CHS have to get the updated caste info. from the members alongwith proof of caste. Who will verify the proof as, like in other cases, members may submit fake certificates here too ? These rules are Ok for normal non-Housing Co-Op. Societies as they more or less function like companies earning profits and large amounts of money are involved. CHS has only members’ maintenance as source of money and is non-earning as it doesn’t have any other source of income. Also, the appoinment of Directors for CHS is above logic as again CHS is not a company. Already min. no. of members has been incresed to 11. When CHS doesn’t get 5 members for MC, how will 11 memebers come forward. Also, ‘Active’ members doesn’t have any meaning as you only have to pay 1 yr’s maintenance and attend 1 AGM in past 5 yrs to remain an ‘Active’ member. Overall the new Bye Laws will make the CHS functioning more complicated and give more scope for earning for professional CHS management agencies / consultants as CHS would now outsource everything and office bearers will onyl sign.

  2. de      dear sir its really a confusion going practically its is not possible for societies to follow circular also this circular is issued by deputy registrar  K ward it is applicable to all wards ? as in mumbai we have ward wise registrars  societies whose term is over before this (15.02.0213) or is going to be completed within next six months must follow the above procedure immediately.
    It is bindig whs is meant by society whos term is over no meaning can be taken out out of this sentnce is term of society never gets over its term of mg committee that gets over so please clarify this

  3. They want a casteless society. But they will keep on promoting it. What an irony. The govt. move indicates that you should sent a circular to all the members and call for their caste. Further, the act is also silent on these points:
    01. Suppose there is no women member in the Society or even if women members are there but they do not want to become a committee member then what is to be done
    02. Similarly, there is no SC/ST/OBC etc. etc. or even if they are there they do not want to become a committee member then what is to be done.
    03. A society of 16 members – they want the committee to be of 11 members and the grievances committee of three members . In a society all these posts are honorary. Getting 5 to 6 members is an ordeal. How can we get 14 members. 
    When wisdom will dawn on the Babus of the Govt. of Maharashtra to think over these items and issue any ordinance after understanding the intricacies involved. Housing Societies are not Co-operative Banks where public funds are involved. Both should be seen on different footing. They cannot make a consolidate rules and  regulations for both. Any body listening.

  4. Respected Sir,

    our Soceity is not yet ragisterd, one of our member is not giving maintance from last 5 month ( his shop ) ,Resoan is that one of our pipe is leakage and in rare case the water must passed near to his shop. so please advice we committee member what to do ?……..

  5. we are a housing society with 15 members. out of which 6 are shops. societies formed with minimum 10 members (as per requirement of law) should have minimum 11 MC members. Illogical

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