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HOUSING SOCIETY
SIGNIFICANCE OF CO-OPERATIVE HOUSING SOCIETIES :
Housing Societies function as small communities , organising social and
economic activities for members and affording them opportunities
including higher social values
HOUSING SOCIETY
DEFINITION: The Definition of "Housing Society" under Section 2(16) of
Maharahtra Co-operative Societies Act 1960is as follows:-
"Housing Societies" means a Society , the object of which is to provide its
members with open plots for housing , dwelling houses or flats; or if open
plots , the dwelling houses or flats are already acquired , to provide its
members common amenities and services."
These housing societies of occupiers of tenaments fall in sub-category:-
1. Tenant Co-partnership Housing Society;
2. Tenant Ownership Housing Society; and
3. Other Societies according to Rule 10(5) of the Mah.Co-op.Societies
Rules,1961.
1. Tenant Ownership Housing Society :
Housing Societies where land is held either on lease-hold or freehold basis
by societies and houses are owned or to be owned by members.
The houses or structures built thereupon on such land are owned by the
building site from the society as a lease-holder. The lease contains
conditions , prohibitory sub-letting ,transfer etc.
(2)Tenant Co-partnership Housing Society:
"The Society which holds both land and building either on lease-hold or
free-hold and allots them to its members" The individual member
contributes in first instance by purchasing shares and then pays rent for
occupying the tenament allotted to him by Housing Society. It falls under
Mah.Ownership Flats Acts ,1963.
The only difference between Tenant Ownership Housing Society and
Tenant Co-partnership Housing Society is that in the latter type i.e copartnership
tenancy , the member has only a share in the property as a
whole and no claim to a particular house or tenament , while in the former
though technically
A tenant of the society , the member is for all practical purposes the owner
of the house or tenement.
(3)Other Housing Societies are sub-classified as
under:
(i)House Mortgage Society : In mofussil town there are no of persons who
do not own houses but have got individual piece of land . If house
mortgage societies are
formed in each town which would be open to such persons, it will help
them to apply for loan for construction of houses to Mah. Co-operative
Housing Finance
Society. These House Mortgages societies may be affiliated . The members
of these societies will get loans on the same terms and conditions as the
members of normal housing societies obtain loans from Mah.Co-operative
Housing Finance Society.
(ii) House Construction Society: This type of Society deals in purchase and
sale of constructed houses or dwelling to members or other Societies.
(iii) Flat Ownership Societies : These Societies are formed under the
Mah.Ownership Flats(Regulation and Promotion of Construction, Sale
,Management and Transfer ) Act ,1963
(iv) Apartments formed under Apartments Act :
Maharashtra Housing and Area Development Act and repair cess:
If a society is registered as co-operative housing society which is covered
by
The definition of housing society as given in sec 2(16) of the Mah.Cooperative
Societies Act , is exempted from repair cess under Sec.83(1)(g) of the
MAHADA
APPLICATION FOR REGISTRATION OF CO-OPERATIVE HOUSING
SOCIETY
The basic requirement for registration of co-operative society are not
known to several promoters i.e members of the society. Before registration
proposal of a co-operative housing society of any type of society it is
necessary to elect a chief promoter who is duly authorised as such by the
promoters from amongst themselves to act on behalf of them and also he
is expected to formulate the registration proposal and exercise such
powers and carry out such functions mentioned in the minutes of the
meeting of the promoters of the proposed co-operative housing society
CONDITION FOR REGISTRATION:
No Society can be registered under the provisions of Section6(1) of the cooperative
Societies Act,unless it contains at least ten persons who are
qualified to be members under the Co-operative Act and who reside in the
area of operation of the society. The State Government had issued
following order in connection with formation of Housing society:
FOR FORMATION OF CO-OPERATIVE HOUSING SOCIETY LESS THAN TEN
MEMBERS ARE PERMITTED WITH THE CERTAIN CONDITIONS :The
Government of Maharashtra had issued an order No C.H.S 1094/C R 277/14-
C dt 10th March 1995,published in M.G.G Part 4-B,1995 p.92 under the
provisions of Section 6(1), that the condition to form housing society is
that there should be 10 persons minimum , but this condition is relaxed if
(1) The plinth area of tenament is not more than 700 sq.feet and (2) There
should not be F.S.I left for further construction.