Please let me thank you for having set up such an informative site on Cooperatives. Kudos to you! My CHSL is in Thane-Maharashtra.
Sir, I have two queries:
1.If the acceptance of 97th Amendment has taken place in AGM of 2015 but due to some reason could not initiate the process further. On our part what options we have?? Can we file the papers of Acceptance with Registrar based of the AGM-2015 or we pass afresh resolution in 2016-AGM.
2.Till 97th Amendments are not accepted the Statutory Reports will have to be filled to the Registrar by the Auditors. Or we as society can also upload provided our log-in details have been authenticated by the Registrar/Deputy Registrar office.
I C Naik
It appears you will need to study a lot in case you are an office bearer of a CHS. You start with two things the Bye-Laws of your Society. If you are an office bearer you can get a copy made to keep at home and refer as and when time permits. As long as you are an office bearer its free. For other members it costs roughly about Rs 100/- town it as your personal copy. I would recommend Chairman of every housing society to provide to every member an E.Copy (Soft copy) of registered bye laws free of costs.
You should also go through the Constitution (97th Amendment) Act 2011 on the following website. http://indiacode.nic.in/coiweb/amend/amend97.pdf
If you read the latest Model bye-laws on the following website you will perhaps know the difference between accepting the Constitution (97th Amendment) Act 2011 and adopting the latest bye-laws.
Acceptance of 97CAA (which is compulsory and does not require any body’s acceptance) means amending the registered bye laws of your housing society to align to changes made by the following by the Maharashtra State in the Society law of the State: [97CAA mandates every State to make these changes compulsory).
The Maharashtra Cooperative Societies (Amendment) Act 2013 vide MAHARASHTRA ACT No. XVI OF 2013 w.e.f. 14 2 2013
- The Maharashtra Cooperative Societies (Amendment) Rules 2014
- Maharashtra Co-operative Societies (Election to Committee) Rules, 2014.*
So your housing society may amend its registered bye laws by adopting Model bye-laws 2014 (with or without changes passed in general body meeting (not necessarily AGM). Register the Resolution with the Deputy Registrar as also all amendments t bye-laws.
Every housing society has to upload its details in any case.
