Is the New Model Byelaws to be adopted before 30th April 2013 ?: Co-operative movement in India is electrifying and has a strong hold and base in India and more particularly in Maharashtra. The concept of co-operative movement was well accepted and appreciated world-wide and therefore in light of such co-operative movement the United Nations had declared the year 2012 as an International Co-operative Year thereby giving a strong boost to the co-operative sector in India. Upon such recognition world-wide, the Indian Government with the intention to give concept the co-operative the required status, the government proposed to give co-operative movement as “autonomous” status. The Constitution of India was duly amended in January 2012 accordingly vide the 97th Amendment.
Upon such amendment all the state governments in India were required to amend their respective co-operative acts to be in line with the 97th Amendment to the Constitution of India. The probable last day to amend was in February 2013. The Maharashtra Government passed the Maharashtra Co-operative Societies (Amendment) Ordinance 2013 on 14th of February 2013 thereby proposing to amend the MCS Act, 1960. It also proposed a new model bye-law in line with the amendment to the Constitution of India. Any ordinance becomes a valid act only upon approved by the state assembly within six months from the date on which it was an ordinance. The Maharashtra state assembly which ended on 18th April 2013 could not approve the same and the matter was referred to the Joint Select Panel for review of the Ordinance.
The next assembly session is proposed to commence on the 15th of July 2013. Technically, today the ordinance is the prevailing law till 13th of August 2013 (being six months from 14th February 2013). However with the recent Public Interest Litigation (PIL) being admitted in the Honorable Gujarat High Court and the fact the Maharashtra State Assembly having forwarded the Ordinance to the Joint Select Panel, shows that the amendment to the MCS Act, 1960 and the proposed bye-laws may have sea change in it. Probably that could be the reason that the Maharashtra Government is yet to publish the proposed new model bye-laws.
In the above scenario even though legally speaking all the housing societies are required to adopt the new proposed model bye-laws, however considering whatever said about there is all the possibility that the same may be extended further or we can say you can do a wait and watch game.
The new proposed model bye-laws and the GR dated 14th February 2013 is posted on our website.
For details you may contact the federation office.
Upon such amendment all the state governments in India were required to amend their respective co-operative acts to be in line with the 97th Amendment to the Constitution of India. The probable last day to amend was in February 2013. The Maharashtra Government passed the Maharashtra Co-operative Societies (Amendment) Ordinance 2013 on 14th of February 2013 thereby proposing to amend the MCS Act, 1960. It also proposed a new model bye-law in line with the amendment to the Constitution of India. Any ordinance becomes a valid act only upon approved by the state assembly within six months from the date on which it was an ordinance. The Maharashtra state assembly which ended on 18th April 2013 could not approve the same and the matter was referred to the Joint Select Panel for review of the Ordinance.
The next assembly session is proposed to commence on the 15th of July 2013. Technically, today the ordinance is the prevailing law till 13th of August 2013 (being six months from 14th February 2013). However with the recent Public Interest Litigation (PIL) being admitted in the Honorable Gujarat High Court and the fact the Maharashtra State Assembly having forwarded the Ordinance to the Joint Select Panel, shows that the amendment to the MCS Act, 1960 and the proposed bye-laws may have sea change in it. Probably that could be the reason that the Maharashtra Government is yet to publish the proposed new model bye-laws.
In the above scenario even though legally speaking all the housing societies are required to adopt the new proposed model bye-laws, however considering whatever said about there is all the possibility that the same may be extended further or we can say you can do a wait and watch game.
The new proposed model bye-laws and the GR dated 14th February 2013 is posted on our website.
For details you may contact the federation office.
Cooperation housing societies get time till December-end for deemed conveyance
Rajshri Mehta, TNN | Feb 5, 2014, 04.57AM IST
MUMBAI: The Maharashtra government has extended till December-end a special drive to issue deemed conveyance (DC) to eligible housing societies in the state, following a poor response due to apathy from housing societies, the primary stakeholders and numerous government approvals.
Chief minister Prithviraj Chavan had flagged off the drive early in 2013. Societies which have completed four months since formation can apply for DC. The government has decided to set up a DC court under the district collector's chairmanship to address difficulties faced by societies.
Housing activists said societies can avoid malpractices by unscrupulous builders holding on to their future potential floor space index by not giving them conveyance.
According to provisions of the Maharashtra Ownership Flats Act (Mofa), 1963, the promoter (builder/developer) has to convey the land and building within four months of formation to the society or any legal body of flat purchasers. Under Section 11 of the Act, the conveyance of land is the right of the cooperative housing society and the duty of the developer to be executed within four months from date of registration
. But the government noticed that many promoters had not conveyed land or buildings to legal bodies.
Ramesh Prabhu, chairman, Maharashtra Society Welfare Association, said, "It is a good move and will inspire housing society members to shrug off apathy and convey property in their name. This will help when they want to redevelop the building. But the government has to simplify the process to issue DC.''
A senior official at the Thane deputy district registrar's office said the onus was on societies. An amnesty scheme is likely for payment of registration fees and stamp duty, which will be restricted to flat and not land transfer.
Rajshri Mehta, TNN | Feb 5, 2014, 04.57AM IST
MUMBAI: The Maharashtra government has extended till December-end a special drive to issue deemed conveyance (DC) to eligible housing societies in the state, following a poor response due to apathy from housing societies, the primary stakeholders and numerous government approvals.
Chief minister Prithviraj Chavan had flagged off the drive early in 2013. Societies which have completed four months since formation can apply for DC. The government has decided to set up a DC court under the district collector's chairmanship to address difficulties faced by societies.
Housing activists said societies can avoid malpractices by unscrupulous builders holding on to their future potential floor space index by not giving them conveyance.
According to provisions of the Maharashtra Ownership Flats Act (Mofa), 1963, the promoter (builder/developer) has to convey the land and building within four months of formation to the society or any legal body of flat purchasers. Under Section 11 of the Act, the conveyance of land is the right of the cooperative housing society and the duty of the developer to be executed within four months from date of registration
. But the government noticed that many promoters had not conveyed land or buildings to legal bodies.
Ramesh Prabhu, chairman, Maharashtra Society Welfare Association, said, "It is a good move and will inspire housing society members to shrug off apathy and convey property in their name. This will help when they want to redevelop the building. But the government has to simplify the process to issue DC.''
A senior official at the Thane deputy district registrar's office said the onus was on societies. An amnesty scheme is likely for payment of registration fees and stamp duty, which will be restricted to flat and not land transfer.
Cooperation housing societies get time till December-end for deemed conveyance
Rajshri Mehta, TNN | Feb 5, 2014, 04.57AM IST
MUMBAI: The Maharashtra government has extended till December-end a special drive to issue deemed conveyance (DC) to eligible housing societies in the state, following a poor response due to apathy from housing societies, the primary stakeholders and numerous government approvals.
Chief minister Prithviraj Chavan had flagged off the drive early in 2013. Societies which have completed four months since formation can apply for DC. The government has decided to set up a DC court under the district collector's chairmanship to address difficulties faced by societies.
Housing activists said societies can avoid malpractices by unscrupulous builders holding on to their future potential floor space index by not giving them conveyance.
According to provisions of the Maharashtra Ownership Flats Act (Mofa), 1963, the promoter (builder/developer) has to convey the land and building within four months of formation to the society or any legal body of flat purchasers. Under Section 11 of the Act, the conveyance of land is the right of the cooperative housing society and the duty of the developer to be executed within four months from date of registration
. But the government noticed that many promoters had not conveyed land or buildings to legal bodies.
Ramesh Prabhu, chairman, Maharashtra Society Welfare Association, said, "It is a good move and will inspire housing society members to shrug off apathy and convey property in their name. This will help when they want to redevelop the building. But the government has to simplify the process to issue DC.''
A senior official at the Thane deputy district registrar's office said the onus was on societies. An amnesty scheme is likely for payment of registration fees and stamp duty, which will be restricted to flat and not land transfer.
Rajshri Mehta, TNN | Feb 5, 2014, 04.57AM IST
MUMBAI: The Maharashtra government has extended till December-end a special drive to issue deemed conveyance (DC) to eligible housing societies in the state, following a poor response due to apathy from housing societies, the primary stakeholders and numerous government approvals.
Chief minister Prithviraj Chavan had flagged off the drive early in 2013. Societies which have completed four months since formation can apply for DC. The government has decided to set up a DC court under the district collector's chairmanship to address difficulties faced by societies.
Housing activists said societies can avoid malpractices by unscrupulous builders holding on to their future potential floor space index by not giving them conveyance.
According to provisions of the Maharashtra Ownership Flats Act (Mofa), 1963, the promoter (builder/developer) has to convey the land and building within four months of formation to the society or any legal body of flat purchasers. Under Section 11 of the Act, the conveyance of land is the right of the cooperative housing society and the duty of the developer to be executed within four months from date of registration
. But the government noticed that many promoters had not conveyed land or buildings to legal bodies.
Ramesh Prabhu, chairman, Maharashtra Society Welfare Association, said, "It is a good move and will inspire housing society members to shrug off apathy and convey property in their name. This will help when they want to redevelop the building. But the government has to simplify the process to issue DC.''
A senior official at the Thane deputy district registrar's office said the onus was on societies. An amnesty scheme is likely for payment of registration fees and stamp duty, which will be restricted to flat and not land transfer.