Circular Dt. 23rd March, 2016 – Commissioner for Co-operation and Registrar of Co-operative Societies, Maharashtra – Sub- Registration of Builder Promoted Housing Societies with 51 Percent Tenement Holders

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Regarding Registration of Co-operative Housing Societies

The Office of the Commissioner for Co-operation and Registrar of Co-operative Societies

Maharashtra State, Pune-1

O.N.Griha/D-3/Sahakari Griha Sanstha/Nondani/14-SaAa

Dated 23rd March, 2016

Reference:- Circular No:-Griha/D-3/Sanstha Nondani/2010, Dated 29th November, 2010.

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CIRCULAR

            Co-operative Housing Societies are registered under the provisions of the Maharashtra Co-operative Societies Act, 1960 and the Maharashtra Co-operative Societies Rules, 1961. Under the provisions of Section 6 of the said Act, the Registrar (Commissioner for Co-operation) has the powers to modify or amend the criteria for Registration, if required.

            This Office, vide is above referred Circular No:-Griha/D-3/Sanstha Nondani/2010, Dated 29th November, 2010, has fixed the criteria for the Registration of Tenants Ownership Housing Societies, Tenants Co-Partnership Housing Societies (Open Plot) and Tenant Co-Partnership Housing Societies (Builder Promoted Societies).  

            This Circular provides that for the registration of Builder Promoted Co-operative Societies, 60% tenement holders of the total flats/tenements to be constructed or which are already completed under the Plan sanctioned by the Municipal Corporation or such other Authority would be required to participate in the Proposal for Registration. If 60% tenement holders of the total flats/tenements to be constructed or which are already completed under the sanctioned Plan for the buildings do not participate, then co-operative housing societies for such buildings cannot be registered.

            This Office has noticed that as 60% tenement holders do not participate in the Registration of builder promoted co-operative societies, co-operative housing societies for such buildings cannot be registered and as such the buildings cannot be maintained, managed and consequently, the Members/Promoters are greatly inconvenienced. Hence, this Office contemplated the Proposal for the modification of criteria pertaining to Registration of Builder Promoted Co-operative Societies.  

            Instead of the text— “For the Registration of Tenant Co-partnership Housing Societies (Builder Promoted Societies) 60% Tenement Holders of the total flats/tenement to be constructed or already completed under the Plan sanctioned by the Municipal Corporation or such other Authority would be required to participate in the Proposal for Registration under their signature.” the following modification is hereby made viz. “51% Tenement Holders of the total flats/tenements to be constructed or already completed under the Plan sanctioned by the Municipal Corporation or such other Authority would be required  to participate in the Proposal for Registration under their signature.” The checklist set out in the accompanying Appendix is accordingly modified. Apart from this, no modification has been made to the criteria governing Registration of other two types of housing societies.

            Encl:-Appendix

                                                                        Sd/-

                                    [Chandrakant Dalvi]

          Commissioner for Co-operation and Registrar of Co-operative Societies, Maharashtra State, Pune

To,

1] Divisional Joint Registrars of Co-operative Societies (All),

-they are to bring the instructions contained in this Circular to the attention of all

Registration Offices within their jurisdictional area.

2] The Joint Registrar, Co-operative Societies (CIDCO), Raigad, Bhawan, C.B.D Belapur, New Mumbai,

3] The Joint Registrar, Co-operative Societies (Eastern and Western Suburbs), S.R. Authority, Bandra (East), Mumbai,

4] District Deputy Registrars, Co-operative Societies (All),

5] The Deputy Registrars, Co-operative Societies (MHADA), Griha Nirman Bhawan, Bandra (East), Mumbai,

6] The Deputy Registrar, Co-operative Societies (MMRDA), Bandra-Kurla Complex, Bandra (East), Mumbai,

7] The Hon’ble Principal Secretary (Co-operation), Department of Co-operation, Marketing and Textile, Mantralaya, Mumbai-32.

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[Text Translated by Adv. Prakash Manohar Chalke

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