Vinayak Mahamunkar
As per the 97th amendement in the Constitution of India , Maharashtra Govt. has accordingly amended the Cooperative Act, Coop. Rules as well as the Election Rules.
In the month of March/April 2013 The Dy..Registrar of Cooperative Society of P -wards had issued one circular to our Link Palace Hsg.Society as well as to the ther hsg societies to adopt the New Model Bye Laws immediately in the General Body. According to the instructions, our society brought the subject on a Special General Body Meeting for adopting the New Model Byelaws on 14th April, 2013 and the Spl.Gen.Body has approved those Byelaws totally with the directions to submit the same to the Dy.Registrar, P-ward for approval.
At that time the Draft Model Bye-Laws was published on the website. Final Print copy of the Model Bye-laws is now available in the Office of Housing Federations. I esquired with Office Bearers of our Hsg Soc.regarding approval of the New Model Bye-Laws as approved in the spl.G.B. on 14.4.13, they stated that at that time copies were not available, so the set of Bye-Laws were not submitted to the Dy.Registrar for approval till today.
Now Election of our society is due. My question is whether we may submit the set of Model Bye-Laws 2014 now with a request to approve the same or we may call a Spl.General Body again for approval of the Bye Laws.
Secondly for purpose of Election, which Model Bye-Laws will be considered.
I C Naik
Registration of new bye-laws is optional. If your society wants to go for the latest Bye laws a special general body meeting has to be convened to adopt new bye laws. The Elections are to be held in accordance with the Maharashtra Cooperative Societies (Election to Committee) Rules 2014 and not as per Bye Laws any more. These Rules can be down loaded from:
https://consumerresourcesin.files.wordpress.com/2014/10/election_rules_final.pdf