1. M.ARCH PROJECT MANAGEMENT
NAME : SHIVA N RATHOD.
YUSUF KASU.
Hamza
Maharashtra Cooperative Societies Act
Maharashtra Cooperative Societies Act
2. NAME : SHIVA N RATHOD.
YUSUF KASU.
Hamza
M.ARCH PROJECT MANAGEMENT Maharashtra Cooperative Societies Act
I.Introduction
India has nearly 9,00,000 cooperatives societies, the highest in the world. In fact, out of this, Maharashtra has 2.3 lakh cooperative societies, with
over 50 million members. Of the total cooperative societies.
These co-operative societies, which are highly powerful due to their economical and political influence on the state, are governed by the Maharashtra
Cooperative Societies Act, 1960.
Maharashtra Cooperative Societies Act: What are cooperative housing societies?
According to the Maharashtra Cooperative Societies Act, the objective of a housing society is to provide its members with open plots, flats and
apartments along with common amenities and services to its members.
Maharashtra Cooperative Societies Act: Rules for registration of cooperative housing societies
A housing society cannot be registered under the Maharashtra Cooperative Societies Act, unless it consists of at least five persons of different families
or at least 51% of the total number of flats that are qualified to become members under this Act join the registration proposal of the housing society.
3. NAME : SHIVA N RATHOD.
YUSUF KASU.
Hamza
M.ARCH PROJECT MANAGEMENT Maharashtra Cooperative Societies Act
Maharashtra Cooperative Societies Act: What are cooperative housing societies?
According to the Maharashtra Cooperative Societies Act, the objective of a housing society is to provide its members with
open plots, flats and apartments along with common amenities and services to its members.
Maharashtra Cooperative Societies Act: Rules for registration of cooperative housing societies
A housing society cannot be registered under the Maharashtra Cooperative Societies Act, unless it consists of at least five
persons of different families or at least 51% of the total number of flats that are qualified to become members under this
Act join the registration proposal of the housing society.
What are the objectives of housing societies?
A housing society exists to support the members, and build a community, where everyone can live as a family and thrive. Some of the
main objectives of these housing cooperatives are:
1. The housing societies provide basic facilities like electricity and water supply.
2. Maintenance of the housing society is ensured.
3. The society members are provided financial support via loans, for constructions of their houses or construction of additional
structures within the housing cooperative.
4. The housing society acquires land, constructs flats, and distributes them among the members.
5. A socio-economic environment is established within the housing cooperative that encourages healthy standards of living.
4. NAME : SHIVA N RATHOD.
YUSUF KASU.
Hamza
M.ARCH PROJECT MANAGEMENT Maharashtra Cooperative Societies Act
Types of cooperative housing societies (categorized on type of ownership):
01
• Ownership Housing Societies: The society holds the land on
lease or freehold basis by societies, and members own the
houses.
02
• Co-Partnership Housing Societies: These housing societies hold
both land and building, either on leasehold or freehold basis and
allot flats to their members.
03
• House Mortgage Societies: Such societies lend money to their
members for construction of houses. The members have to build
a house on their own.
04
• House Construction or House Building Societies: The society
provides the money to the member for building the houses and
live in them. The money spent is recovered as a loan.
5. NAME : SHIVA N RATHOD.
YUSUF KASU.
Hamza
M.ARCH PROJECT MANAGEMENT Maharashtra Cooperative Societies Act
Maharashtra Cooperative Societies Act: Rights and duties of CHS members
Under the Maharashtra Cooperative Societies Act, a member of a CHS has the following rights and duties:
1. He must be issued a certificate of allotment by the cooperative housing society.
2. Members are not eligible to be appointed, nominated, elected, co-opted or become a member of a committee, if they are a defaulter.
3. The member of the society has to pay the dues of the society within the stipulated time.
4. The member will have to vacate the flat when required, for redevelopment of the building.
Maharashtra Cooperative Societies Act: Voting rights of CHS members
One member of the society has one vote.
Associate members will have the right to vote, with the prior written consent of a member.
Provisional members have no right to vote.
In case of joint members, the person whose name stands first in the share certificate, will have the right to vote. In his absence, the person
whose name stands second, will have the right to vote.
Maharashtra Cooperative Societies Act: Transfer of share, right, title and interest in cooperative housing societies
Members of cooperative housing societies in Maharashtra may transfer their share, right, title and interest of their property in the society by way of
registered documents.
Maharashtra Cooperative Societies Act: Transfer of interest on death of a member
On the death of a member, the society will transfer the share, right, title and interest in the property of the deceased member to a person on the basis
of testamentary documents or succession certificate or legal heirship certificate or document of family arrangement. The society will admit the
nominee as a provisional member after the death of a member, till the legal heir is admitted as a member in place of the deceased member.
The transferee applies and acquires membership of the cooperative housing society.
The transfer of share or interest in respect of leasehold properties will be governed by the terms of the lease.
6. NAME : SHIVA N RATHOD.
YUSUF KASU.
Hamza
M.ARCH PROJECT MANAGEMENT Maharashtra Cooperative Societies Act
Maharashtra Cooperative Societies Act:
Rights and duties of CHS members
Under the Maharashtra Cooperative Societies Act, a member of a
CHS has the following rights and duties:
He must be issued a certificate of allotment by the cooperative
housing society.
Members are not eligible to be appointed, nominated, elected,
co-opted or become a member of a committee, if they are a
defaulter.
The member of the society has to pay the dues of the society
within the stipulated time.
The member will have to vacate the flat when required, for
redevelopment of the building.
7. NAME : SHIVA N RATHOD.
YUSUF KASU.
Hamza
M.ARCH PROJECT MANAGEMENT Maharashtra Cooperative Societies Act
Maharashtra Cooperative Societies Act: Restriction on transfer of share or interest of a member in a
CHS
In case of a cooperative housing society, no transfer of share or interest of a member or the occupancy right, except the
transfer to his heir or a nominee, can be effective unless:
The dues of the housing society are paid.
Charge of society in respect of share and interest of members, under the Maharashtra Cooperative Societies Act
Cooperative housing societies in Maharashtra have a charge upon the share and interest of a member, even past and
deceased, to the extent of dues payable by him to the society.
Maharashtra Cooperative Societies Act, 1960: News updates
Cooperative societies can’t deny entry to single women, people belonging to certain communities, people eating
certain food: SC
November 2021: Cooperative societies cannot deny entry to single women, people belonging to certain communities and
people eating particular types of food, the Supreme Court has said. While delivering its order on a different matter
pertaining to applicability of the Maharashtra Co-Operative Societies Act, the apex court made this observation.
“Do you know what societies are doing in exercise of this Fundamental Right? They are not letting single women occupy
flats! They are not allowing members of a particular community! They are denying people who eat some particular food!
This is the reality! This is impermissible! We cannot tolerate this attitude from societies,” the SC said.
Maintenance charges to be as per flat area, under Apartment Act
July 15, 2021: Maintenance charges are applicable according to the area of a flat under the Maharashtra Apartment
Owners Act. However, the same rule does not apply to housing society flats registered under the Maharashtra
Cooperative Societies Act, the deputy registrar of cooperative societies, Pune city zone, has ruled.
This is because in case of cooperative housing societies, the land and the building are controlled by the society and the
maintenance charges are distributed equally among all members, irrespective of the area of their flats.
8. NAME : SHIVA N RATHOD.
YUSUF KASU.
Hamza
M.ARCH PROJECT MANAGEMENT Maharashtra Cooperative Societies Act
Cabinet approves amendment in Maharashtra Cooperative Societies Act 1960
May 6, 2021: The Maharashtra government has approved a proposal to amend the Maharashtra Cooperative Societies Act, 1960, to ensure that
members of cooperative societies do not lose their voting rights during the next elections. Under the provisions of the law, a member must attend
at least one cooperative society meeting every five years or he will be considered as ‘inactive’ and lose his voting rights.
Cooperative housing society members are ‘jointly and severally’ responsible for all decisions of MC
January 2021: The Maharashtra government in January 2021 notified that all elected members of the managing committee (MC) of cooperative
housing societies established under the Maharashtra Co-operative Societies Act, 1960, have to execute a bond holding them ‘jointly and severally’
responsible for all the decisions the committee takes. Under the MCS (Amendment) Rules, 2002, a new form, M-20, has been inserted, whereby
elected members of the managing committee have to declare they are jointly and severally responsible for all the acts and omissions detrimental
to the interests of the society.
Registrar cannot direct housing society to issue NOCs to its member: Bombay HC
July 2019: The Bombay High Court in July 2019 ruled that a deputy registrar of cooperative societies has no power to direct a cooperative housing
society to issue no-objection certificates (NOC) to one of its members for improvement and change of use of his premises. Acting on a complaint
lodged by a member, the deputy registrar, on July 9, 2019, directed a Mumbai housing society, Shree Raghunandan Cooperative Housing Society, to
issue necessary NOCs to the member for joining four tenements and converting use of the premises from residential to commercial. “It is clearly a
dispute between a member and the society, which would require adjudication before some other forum,” the HC said.
9. NAME : SHIVA N RATHOD.
YUSUF KASU.
Hamza
M.ARCH PROJECT MANAGEMENT Maharashtra Cooperative Societies Act
Thank You!
