Circular dated 1st January, 2017 – Subject- No-Objection Certificate for sale, mortgage, repairs of flats in housing societies
Regarding issuance of No-Objection Certificate in favour of members by the Society for such diverse reasons as the sale, mortgage, repairs and letting out of flats etc. Co-operative Housing Societies
The Office of Commissioner of Co-operation and
The Registrar of Co-operative Societies
Maharashtra State, Pune- 1
Date:- 1st January, 2017
The members of Co-operative Housing Societies as well as Premises Co-operative Societies in the State demand No-Objection Certificate from the society for such reasons as the sale, mortgage and letting out of flat/tenement as well as for carrying out repairs and internal charges therein etc.
The members do not get No-Objection Certificate from the society in time as per their needs. Members and societies often have difference of opinion as to the terms and conditions of such No-Objection Letters. The Registrar too receives a large number of complaints in this regard. Accordingly, detailed instructions are issued as hereunder:-
1] The member should submit a written application to the society by stating therein the reason for which No-Objection Certificate is required and obtain a due acknowledgment thereof. If the society does not accept the application or does not issue the acknowledgement thereof, such application should be sent to the society by Registered Post AD/Speed Post.
2] The society should place the application seeking No-Objection Certificate at the next meeting of the Managing Committee held immediately after the date of receipt of such application from the member and after taking a decision at such meeting No-Objection Certificate should forthwith be given to the member.
3] It shall be the responsibility of the concerned member to secure compliance of all the matters pertaining to the cause for which such member is seeking No-Objection Certificate from the society. Moreover, if such member owes any dues to the society he should pay such dues to the society at the time of application itself and the society ought to issue such No-Objection Certificate only after recovery of such dues.
4] Although, the Model Bye-Laws contain a provision to the effect that a No-Objection Certificate of the society would not be required in case of loan borrowed from the employer, bank, LIC etc for the purchase of flat/tenement; yet, the society would be obliged to issue such No-Objection Certificate in the event of demand made by the member. Moreover, such agencies often demand such No-Objection Certificate in a particular form. In such event, the society should issue No-Objection Certificate to the member in the specific form so demanded on the basis of documents available with the society.
5] If the member has not enclosed any specific form with the application, the society should issue No-Objection Certificate to the member in the form enclosed herewith (Accompanying Form).
6] If for any reason the meeting of Managing Committee cannot be held shortly after the receipt of application seeking No-Objection Certificate and the member is urgently in need thereof, such No-Objection Certificate should be issued under the joint signatures of the Chairman and Secretary within 7 days of the receipt of such application and post facto sanction therefor should be obtained in the next meeting of the Managing Committee.
7] If the next meeting of the Managing Committee of the society does not take a decision upon the application for No-Objection Certificate received by the society or despite the urgency of the member the Chairman and Secretary of the society do not issue such certificate within the aforestated period or reject the same without sufficient cause, the member may prefer an application to the concerned Registrar. The Registrar, upon receipt of such application, shall hear the concerned parties and direct this society to issue such No-Objection Certificate.
The Societies should proceed to issue No-Objection Certificates to the members by acting according to the aforestated instructions.
The Commissioner of Co-operation and the Registrar of Co-operative Societies, Maharashtra State, Pune.
1. Divisional Joint Registrars, Co-operative Societies (All),
2. District Deputy Registrars, Co-operative Societies (All),
3. Chairman/Secretary, Co-operative Housing Societies Federations (All).—
are hereby called upon to bring all the aforesaid instructions contained in the circular to the attention of all co-operative housing societies.
Outward Number____. No-Objection Certificate/________/20___
_____________________________ Co-operative Housing Society Ltd.
The Applicant Shri./Smt.______________________________, Membership Serial No.___________, Flat/Tenement No.________, is the member of our society and on_____________, he/she has made an application to the society requesting a No-Objection Certificate of the society for the reason of____________________.
1. From the documents available with the society the Applicant (a) does not appear to have mortgaged the said flat with any financial body/ (b) appears to have mortgaged the same with__________________________, a financial body against a loan in the sum of Rs___________/- (Score out whichever is not applicable).
2. Hence, subject to the above factual position applicant is hereby issued No-Objection Certificate of the society for (a) the sale of the said flat/(b) for carrying out repairs to the flat/(c) for raising loan against the mortgage of the flat/(d) the reason of____________________________ (Score out whichever is not applicable).
3. This Certificate is being issued on the basis of the information furnished by the Applicant to the society as well as the information available with the society.
_______________ Cooperative Housing Society Ltd.
_______________ Cooperative Housing Society Ltd.
[Translated by Adv. Prakash Manohar Chalke- Copyright Reserved]©