In our residential society, situated in Maharashtra state , Navi mumbai. one flat owner of 2 BHK flat area is 955 Sqft in total(flat is registered as on one of the engineering company name) has decided to deployed the cancer patients with the arrangement of 18 beds which is divided as , each patient has his one relative to stay along with him (9 patients with 9 relative) the flat is at top floor of building and each floor has 4 flats on same floor. This person also have one NGO for the same.
1.Common entrance will be used for both the society members and cancer patients .
Common single lift is used for both society members and cancer patients.
Small garden area where children play.
No lift backup and power back in society.
No stretcher lift is in building, maximum 3 to 4 person can use the lift at one time.
Society has 3 wings, in total 84 flats.
Already the women’s and kids of society are getting disturbed with this news that patients are going to be deployed, mentally and psychologically they are depressed and afraid of getting any kind of infection, as the patients sequence will be on as if one patient gets cure then another patient will come at his place.
The chair persons of society are afraid of the person who is going to do this as it has political and some gunda resource connections.
Also this person has not yet gave any written letter to society that what he going to do as an intimation to society.
I want to stop this person to do so, as many kids in society we have and senior citizens which can get infected by airborn diseases like TB or can be anything .
Please help and suggest how can I stop this as individual being a neighborhood of this flat and how can I force society chair person to get in to it and reslolve .
I C Naik
The matter will have to be tackled through legal route.
Two basics are to be fosued on:
- Compliance of the conditions of the membership of a incorporated body
- “User of the Flat” as approved as per the Plan approved by the CIVIC Body
Analysis
- The flat is registered in the name of an engineering Company. Unless it is a mistake of admitting the owner of the Company to the membership of the society, it is the Company whose name should be found in the Register of Membership maintained by the society in form FORM ‘I’ [See Rules 32 and 65 (1) (1)] REGISTER OF MEMBERS [SECTION 38(1) OF THE MAHARASHTRA CO-OPERATIVE SOCIETIES ACT, 1960].
Section 38 is about Register of members of the society ; It provides (in brief)
(1) Every society shall keep a register of its members showing inter-alia:
- the name, address and occupation of each member;
- the share held by each member;
iii. the date on which each person was admitted a member;
For a body corporate to become and/or continue as a member of a cooperative society one precondition as per Second Proviso to Section 22(1) of the M C S Act 1960 (as reproduced in every registered bye-laws of housing society), must be complied with at all the times:
“Provided further that, subject to such terms and conditions as may be laid down by the State Government by general or special order, a firm or company may be admitted as a member only of society which is a federal or urban society or which conducts or intends to conduct an industrial undertaking”:
Explanation.— Forthe purpose of this section “an urban society”means a society the business of which mainly falls within the limits of a municipal corporation, municipality, cantonment or notified area committee.
No.CHS 1791/C.R./-148/14-C dated 10-3-1995 is the latest known Circular which is mandatory for every housing society to comply to admit/continue a body corporate as its member. Relevant conditions are extracted below:
- The head office or branch of the firm, or company should be with in the area of operation of the society
- The firm or company should be carrying on its business within the area of operation of the society.
iii. The memorandum and the articles of association of the firm or the company concerned provide for the provision of dwelling houses by them to their employees;
- The firm or company concerned holds land or building only for the purpose of providing residential accommodation to its employees;
- The memorandum and the articles of association (if any) allow the firm or the company, as the case may be, to utilize its funds for providing its employees with dwelling houses and the firm or the company agrees to pay out its own funds the full costs of dwelling houses to be allotted to its employees.
- The firm or the company concerned should give an undertaking to the society that it shall not allow any of the employees to occupy or to continue to occupy any tenement from time to time, unless the employee is admitted as nominal member and continues to be such membership of the society.
If one goes through the Circular carefully it will become clear that the incorporated bodies are allowed to hold flat for accommodating its employees that too with strict conditions. Vide the Circular the State Government prohibit any other user of the flat held by a body corporate.
- “User of the Flat”
- Normally housing society has an approved building plan handed over by the developer/chief promoter. You can find the description of the “user of the flat”
- In case if the plan is not available, copy of the same along with the application made by builder to NAVI MUMBAI MUNICIPAL CORPORATION should be obtained making an Application under RTI Act.
Public Information Officer
NAVI MUMBAI MUNICIPAL CORPORATION
Ground Floor, Sector-15 A,
Palm Beach Junction, CBD Belapur,
Navi Mumbai,
Maharashtra-400614
iii. The Chairperson of the society should submit another normal application in on behalf of the housing society for a copy.
ACTION
The Chairperson should convene a Special General Body Meeting by using his emergency power available to him under bye-laws or if there is no tarring hurry he can discuss the content of your mail and my response and decide in the Committee meeting to convene Special General Body Meeting giving 5 days’ notice to members. Special General Body Meeting can pass a resolution restraining members not to change user of the flat without prior written permission of the society as also of the MUMBAI MUNICIPAL CORPORATION. If there are other corporate bodies also admitted as members the Special General Body Meeting can direct the Committee to get compliance certificate for such members from a C A of the society, by assigning him a special task.
