Society Formation

We undertake all work related to the formation of cooperative housing societies.

Process for registration of Co-operative Society under Maharashtra Co-operative Societies Act, 1960 & Rules 1961.

The process of registration of Co-operative housing society starts from the working of the first general body meeting held prior to registration. In this meeting the Chief Promoter is primarily selected. In this meeting the necessary resolutions like opening the account in bank in the name of proposed society and for obtaining permission for reserving the name of the society. It is utmost necessary on the part of the concerned Registrar to check and ensure that total number of flats/ galas in the proposed society, how many member of that were present in the first meeting of the proposed society and given their approval to the various resolutions. Otherwise one group starts the process of registration by passing the proposal/resolution in minority. Thereafter the other group starts another process of registering society in different name by taking independent meeting. For avoiding the disputes to be arisen before registration, the Registrar should not give permission for reserving the name of the society and to open the account in that name without checking original papers and without ensuring that the entire process of the first meeting hold in the presence of majority members.

Especially the working transacted in the first meeting in respect of S.R.A./SRD/MHADA recognised Housing societies is very important. Therefore to attend the representative from the concerned office of the Registrar for the first meeting prior to registration has been made compulsory by these authorities. It has been also made obligatory to make available video shooting of the entire working of this meeting. Even then also if dispute arise in this regard, then the justice can be sought from the competent court as dispute before registration of the society.

The format of reserving the name of the proposed society, to open an account in the Bank, minutes of the first meeting prior to registration, application for registration and information of the members in prescribed format/ entire registration proposal has been made available by the federation of Co-operative Housing Societies for sale.

The criterion of registration of Co-operative Housing Societies and required necessary papers are to some extent different as per types of the Societies. There are three types of the Housing Societies.

  1. Tenant Co-partner Housing Society (Society of the flat holders)
  2. Tenant Owner Housing Society (Society of the flat holders)
  3. Other Housing Society (Construction of houses/house mortgage Co-operative Housing Society)
  1. 7/12 extract of the land or property card.
  2. Certificate from the competent authority regarding non-agricultural land.
  3. The order regarding applicable/non applicable of land ceiling Act.
  4. Construction layout approved by the competent authority.
  5. Letter of sanction for starting construction.
  6. Certificate regarding completion of construction work.
  7. Development Agreement if the land is taken for development.
  8. Letter of Power of Attorney of the land.
  9. Title search report of the land.
  10. The registered agreement of purchases of the flat with necessary stamp duty paid.
  11. Architect Certificate regarding construction.
  12. List of Members.
  13. Scheme of the Society.
  14. Application for reserving name.
  15. At least ten members are necessary for registration of society. However the government has given permission subject to some conditions for the Housing society of less than 10 members by exercising powers under section 7.
  16. If the land is given by the government or undertaking agency of the government then its guarantee letter.
  17. No objection certificates from the Charitable Commissioner if the land is of Trust.
  18. Certificate of the competent authority regarding non-agricultural plot.
  19. While registering SRA/SRD and MHADA recognized Co-operative Housing Societies, it is obligatory to fulfill the necessary papers as per instructions given by that  authorities by their circulars in addition to above criterion.
  20. Application for Registering Society (A form).
  21. Table giving information of society (B Form).
  22. Table giving details of the members ( C Form).
  23. Statement of Accounts of the Members (D Form).
  24. Bye-Laws of the Mortgage Society.
  25. Notarized Guarantee letter by the Chief Promoter of the society on the stamp Paper of Rs. 100/-
  26. Notarized Guarantee letter by the Builder, Promoter on the Stamp Paper of Rs. 100/-
  27. Affidavit of Members (Affidavit of Minimum 10 Promoters)
  28. Two copies of bye laws approved by the Commissioner, Co-operation and Registrar, Co-operative Societies, Maharashtra State Pune.
  29. Proof of the bank balance of depositing the amount of each share of Rs. 500/- of the promoter member and admission fee of Rs. 100/-after getting permission for reservation in the District Central Co-operative Bank.
  30. Chalan of Rs. 2500/- deposited in the Government Treasury Registration fee for the Housing Society of Backward class is Rs. 50/-

In Addition to the above mentioned documents, following documents are necessary.

  1. Zone Certificate from the competent authority regarding in which area the land situated.
  2. Layout Plan.
  3. Minimum 10 members are required for registration of society.

The members can form House Mortgage Society for giving loans and to give guarantee of it for constructing residential houses on their own plot or the plot taken on long term lease or to purchase or to make additions in their own present residing houses and/ or to make alterations and to undertake all such work for fulfillment of its purposes, to sale the entire immovable and movable property and assets or any of its part, to lease it out or to dispose it or to do any transaction in that respect.

For registration of House Mortgage Society, following documents are necessary –

  • Application for registration of Society (A Form)
  • Table containing information of the society (B Form)
  • Table containing information of the members (C Form)
  • Statements of accounts of the members (D Form)
  • Two copies of Bye Laws.

If builder/promoter procrastinate in registering the Co-operative Housing Society, then in that case, the application for registration of society be submitted in Form 6 (Rule 12) before the authorized officer (District Dy. Registrar in the respective district, who have given power under section 10(1) of the Maharashtra Ownership Flats Act 1963 (For making regulation for encouraging their constructions, their sale, management and transfer).

While submitting the said proposal, following documents are Necessary.

  • 7/12 extract of the land or property card.
  • Competent Authority Certificate regarding non-Agricultural land.
  • Order regarding applicable/non-applicable Land ceiling Act Map of the construction approved by the competent authority.
  • Letter of given permission for construction.
  • Completion certificate of Construction.
  • Development Agreement if the land is taken for development.
  • Power of Authority letter of the Land.
  • Copy of the Title search Report.
  • Agreement copy of the flat purchased.
  • Architect certificate regarding construction.
  • List of the Members.
  • Scheme of the Society.
  • Application regarding reservation of Name.
  • Minimum 10 Members shall necessary for the registration of the Society.
  • Application for registration of Society (A Form)
  • Table containing information of the society (B Form)
  • Table containing information of the members (C Form)
  • Statement of Accounts of the members (D Form)
  • Notarised guarantee letter of the chief promoter of society on the stamp paper of Rs. 100/-
  • Notarised Indemnity Bond of the members who applied for the registration of society on the stamp paper of Rs. 200/-
  • Affidavit of the Members (Minimum 10 promoters’ Affidavit)
  • Two copies of bye laws approved by the Commissioner, Co-operation and Registrar, Maharashtra State, Pune.
  • Bank balance statement of the promoter members who have deposited Rs.500/- each as a share and admission fee Rs.100/- in District Central Co-operative Bank after getting sanction for the reservation of name in district of Rs.2500/- paid as society Registration fee in the Government Treasure.

The proposal submitted after fulfilment of above mentioned documents, the competent authority by taking hearing, issued orders to the concerned officer for registering the society.

The scrutiny of the registration proposal submitted after fulfilment of documents as mentioned above and criterion will be done after taking into consideration the instructions in the circular/ directives regarding registration issued by the Government/ Commissioner, Co-operation. It is obligatory on the concerned Registrar to make registration by considering various provisions in the Act and Rules and instructions given in the circular/ directives.

For registering the Co-operative Housing Society, the concerned Registrar by scrutinizing the proposal submitted after fulfillment of above mentioned documents shall make an arrangement of issuing certificate of registration society under Section 9 (1) of the Maharashtra Co-operative Society Act 1960, and copy of the registered bye-law, memorandum regarding registration of society to the chief promoter.

The Chief Promoter should have to arrange first general body meeting of the Promoter members within 3 months from the date of registration of society (Under rule 59 of the Maharashtra Co-operative Societies Rules 1961) and necessary resolution should be passed in this meeting. If such a meeting was not taken by the chief Promoter then in that case if complaint received to the concerned Registrar, then by appointing authorized officer such a meeting can be conducted in the Chairmanship of authorized officer.

If the registration of the society is denied, then it is necessary that by passing the written order in this regard by the Registrar, and a copy of it should have to be given to the concerned. Appeal under section 152 can be filed before the immediate senior officer against this decision.

It is necessary to take decision on the registration of the society within a period of two months from the date of the proposal of the society submitted to the Registrar. If such decision was not taken within two months then it is necessary to send that proposal to the immediate senior officer.

If the Registrar had not taken any action on the proposal received for registration under section 9(2) of the Maharashtra Co-operative Societies Act 1960, as expected under this section within two months, then it is presumed that the deemed registration of the Housing Society.

It could not be said that the officers from the Co-operation department will remain present in the meeting, therefore it should be noted in the memorandum of registration that the office bearer representative of the District Federation along with the officers from co-operation department be present in the first meeting so that the information regarding procedure of working of the society and also bye- laws can be given to the members in the first meeting itself.