Hello, we are a Cooperative society registered under the act. The name and registration is, “Cecil Court Premises Cooperative society” The society building is for Office/Commercial use. It is run on the same lines as a Housing society with no profit motive and we are all members of the society, holding shares.
Under what category of the Societies act do we fall? We are 20 members, and so do we fall under Housing society where internal elections need to be held or do we need to get the election authority to hold this?
I C Naik
Ask the Honorary Secretary to show you the Certificate of Registration of your Society issued by the Dy Registrar of your Ward here your society has been registered. The law requires to assign class of society and sub-classification as listed under Rule 10 of the MCR 1961.[See the extract]
“Section 12 – Classification of societies
The Registrar shall classify all societies into one or other of the classes of societies defined in section 2 and also into such sub-classes thereof as may be prescribed by rules. “
Clause 16 of Section 2 :
(16) “housing society” 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;
Rule 10. Classification and sub-classification of societies.— (1) After registration of a society, the Registrar shall classify the society into one or other of the following classes and sub-classes of societies prescribed below according to the principal object provided in the bye-laws –
Go through the objects clause in the the registered bye laws of your society.
You will find most probably inconsistencies but that is how they work
Housing Societies are defined such that they have an object “to provide its members common amenities and services”
I have copies of Model bye-laws 1984,2001,2009 and 2014. None of these models has an object as stated abve, but they are classified as Cooperative Housing Societies !!!