Maha – CHS poised to by-passing the Real Estate Market -3

On March 23 2018 we saw in Maha- C H S  By-Passing the Real Estate Market the basics of housing society formation. It is supposed to be a democratic process, but several factors thwart it keeping members illiterate in housing society management. In Self-redevelopment ingrained opportunity is take control of the society by members trough democratization process in true spirit. Democratization means “SELF RULE DEVOID OF POLITICAL AND BUREAUCRATIC DOMINATION”  The Constitutional (97th Amendment) Act 2011 intended exactly this. This is the view held by none other than the Supreme Court of India in its land mark judgment in Thalappalam Ser.Coop.Bank Ltd.& … vs State Of Kerala & Ors. on 7 October, 2013 : CIVIL APPEAL NO. 9017 OF 2013. Read this in the Paragraph 19 of the judgment extracted here:

“Rights of the citizens to form co-operative societies voluntarily, is now raised to the level of a fundamental right and State shall endeavour to promote their autonomous functioning. The Parliament, with a view to enhance public faith in the co-operative institutions and to insulate them to avoidable political or bureaucratic interference brought in Constitutional (97th Amendment) Act, 2011, which received the assent of the President on 12.01.2012, notified in the Gazette of India on 13.01.2012 and came into force on 15.02.2012.”

The cooperative society gets a status of a judicious incorporated body by virtue of its registration in accordance with provisions of the Maharashtra Cooperative Societies Act 1960 [the M C S Act 1960 in short]. Such body does not come in to being unless the bye-laws having nothing there in, opposed to law are registered simultaneously. When the first bye-laws are registered as per the M C S Act 1960,  10 members belonging to different families are sufficient to prepare and submit the draft as proposed bye-laws. The registered bye-laws can also be altered or replaced after undergoing a statutory procedure there for, Two most important conditions must be noted abou amending bye-laws. The resolution must be passed by a super majority of 2/3 members present and voting. Second condition is that of approval of the Registrar to the effect that none of the proposed amendment is repugnant to the policy directives, if any, issued by the State Government under section 4.] In other words no amendment should hurt any provision of the M C S Act 1960. In  Para 13 of its judgment in Zoroastrian Co-Operative Housing Society Limited Rd-Sc 253 (15 April 2005) the Supreme Court of India observed: ”The concept of public policy in the context of the Cooperative Societies Act has to be looked for under the four corners of that Act…When a statute is enacted, creating entities introduced there under on fulfillment of the conditions laid down therein, the public policy in relation to that statute has to be searched for within the four corners of that statute..”

The Housing society contemplating redevelopment of its building, which will be far too many in next 10 years, should start preparation for the same well ahead. Wide spread awareness of the law and spirit of the society management is quite crucial. In the forefront it being attaining a “self rule devoid of political and bureaucratic domination” internal peace and harmony at 100% level is the goal number one to be attained over next 18-20 months. In order to frustrate any attempt to put obstacles to Re-development from the Authorities, gather adequate information and insight in to the whole gamut of redevelopment. Some members should volunteer to acquire familiarity in that area. If this is not possible engage an expert in the “liaison with authorities” and having good contacts. It can be on a part time contract basis to start with. His activities should be reviewed by an inside committee (other than Management Committee) at a regular interval. Constitute a bye-law amendment Sub-Committee with a target to have an all agreed draft bye-laws well ahead of launching a self-redevelopment Project.  2014 Model has been assailed in many respects and amendments are also suggested.

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We are still away from remaking the bye-laws, which may be taken up if a Model housing society which has already made good progress on above lines approaches for guidance…

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