Dipto , Banglore

Dear Sir

We would like to know the genuineness of the State Excise Department Welfare and Housing Co-operative Society.

Is this a valid co-operative society? I could not find any information about this society online. But there are some residential plots being sold under this name at Devanahalli, Bangalore.

Could you please let me know any information about this society?

I C Naik

The best way of collecting authentic information is to raise an RTI enquiry with the Registrar of Karnataka or PIO Office of the District Cooperative Societies Banglore.

That would be the right course.

Ritesh

Dear Sir,
I am a member of the management committee in our society.

Can a society pass a resolution to put a blanket ban on the foreign national’s entry to the society?

I C Naik

No. It is against the very 1st Principle of Cooperation.

“Co-operatives are voluntary organisations, open to all persons who use their services and willing to accept the responsibilities of membership, without gender, social, racial, political or religious discrimination.”

Cooperative Housing Society is bound to admit all those who meet the eligibility criteria laid down in the State’s Cooperative Act. For example Section 22 of Maharashtra Cooperative Societies Act permits an individual, who is competent to contract under the Indian Contract Act, 1872 to become a member of a Society. However, as per Section 23(1) for a “sufficient cause’ an individual can be refused membership.

Non Compliance of any regulation under any applicable Indian law by an individual is a sufficient cause for such refusal.

If any foreigners are likely to become member for any reason, as a matter of abundant caution the society should lay down additional (In addition to those in the bye laws) conditions as to eligibility criteria which should definitely include Security Clearances and Clearance for acquisition of Property as laid down by the Government/Statutory Authorities.

Exchange Control Dept of RBI has issued a Notification No-FEMA 21 /2000-RB dated 3rd May 2000 laying down conditions for ac acquisition of immovable property.

Pourush Garg

I have paid maintenance charges annually to cooperative management in the start of the year.  Assistant Registrar disbanded the existing management mid-way.

A new management comes up to look after the day to day activity. Now new management is also asking for maintenance charges. This way I have to pay maintenance charges twice for the same period.

Is there any provision or way out to avoid this?

Your help and guidance is highly appreciated in this regard.

I C Naik

If the maintenance charges have been paid already irrespective of the management people, there is no need to pay once again.

Send a letter providing the details of payments made vis a vis the demands. If the rates are revised upward for the same period there can be some extra payment which will be payable in addition to the amounts paid.

Sandip Kulkarni, Vijay Deshpande

Pandharpur

Dear Sir,

I have some problem with Sakhari Patsanstha. It has now got converted into multistate credit society. Could you please send some information about how to registrar a multistate credit cooperative society?

I C Naik

The co-operative societies, with objects not confined to one state and serving the interests of members in more than one state for social and economic betterment of its members through self-help and mutual aid in accordance with the co-operative principles are considered Multi-State Co-operative Societies.

Inter alia following are necessary for registration.

1. Why is it absolutely necessary for the society to be registered under the Multi-State Co-operative Societies Act, 2002;
2. A scheme explaining how the proposed multi-State co-operative society has reasonable prospects of becoming a viable unit.
3. Four copies of the proposed bye-laws of the multi-State co-operative society.
4. Make application in FORM 1 prescribed under Rule 3(1) the Multi-State Cooperative Societies Act, 2002 to the Central Registrar of Cooperative Societies New Delhi signed by at least fifty persons from each of the State.

Radhakrishnan.M

Sir,

I wish to know the structure of co-operative department of Govt of India. Is there a registrar office/Joint registrar office available in Kerala? We wish to register a multistate co-operative society of south India. Where should we submit application in prescribed form?

Please give your useful advice.

I C Naik

The co-operative societies, with objects not confined to one state and serving the interests of members in more than one state for social and economic betterment of its members through self-help and mutual aid in accordance with the co-operative principles are considered Multi-State Co-operative Societies.

Inter alia following are necessary for registration.

1. Why is it absolutely necessary for the society to be registered under the Multi-State Co-operative Societies Act, 2002?

2. A scheme explaining how the proposed multi-State co-operative society has reasonable prospects of becoming a viable unit.

3. Four copies of the proposed bye-laws of the multi-State co-operative society.

Make application in FORM 1 prescribed under Rule 3(1) the Multi-State Cooperative Societies Act, 2002 to the Central Registrar of Cooperative Societies New Delhi and get it signed by at least fifty persons from each of the State.

The Central Registrar, the authority to grant Multi-State Cooperative Societies status to any aspiring cooperative society sits in N Delhi in Krishi Bhavan, the headquarters of agriculture and cooperation ministry.

Every state such as Kerala has a Registrar of cooperatives who is competent enough to grant registration of state-based cooperative society. For multi-state, you have to apply to Central Registrar, N Delhi.

Dr Viraj Pradhan

Can one get H.C. judgments on issues related to Cooperative Housing Society’s attempts at seeking donations in sale of a flat? You must be aware of societies stalling a sale unless donation to society is made.

Since there is no documentary or legal clarity, one is helpless and succumbs to the pressure. What is the maximum amount that could be donated irrespective of the transfer fees?

I C Naik

I guess this is a case of Maharashtra Cooperative Society Act. This matter does not seem to have been agitated before HC.

Shri Ramanna Co-operative Housing Society Limited vs. D. Chittar,Bombay, 1989 C.T.J. 319. The Co-operative Court has held that the co-operative society can place reasonable restrictions on transfer of a member’s interest to prevent nuisance from unwanted element but that does not mean that the society can have such a right of profiteering out of the co-operative movement.

In the case of The Poona Hindu Middle Class Co-operative Housing Society Limited v. Shri Sudhakar Gopal Palsule,1991 C.T.J. 326, the Maharashtra State Co-operative Appellate Court, held that the practice of demanding donation or transfer fees deserves not only to be discouraged but also to be condemned.

The Act is silent on such issues. Donations under Model bye Laws 2001 have been expressly prohibited. Societies having bye laws as per earlier Model Bye Laws can accept donation given voluntarily.