Vinayak
As directed by the Registrar of the co-operative societies of the concerned Wards, most of the housing societies are adopting the new bye laws as per the amendment of 97 constitution of India. It is seen that during the last year the government of Maharashtra had issued the housing Manual for the co-operative Housing societies. As per the recent amendment the govt has not made any changes in the Manual.
There is another problem. Previously there was no reservation for S.C./ST,D,T./NT. If the persons of reserved categories are not members of the society, let us know how the vacancies are to be filled? What is the procedure to be adopted by the Housing Societies?
As per the new model Bye Laws, the society has to form a grievances committee to solve the day to day problems of the members of the Housing society.
Also, let us know who will solve their problem if the complaint is pending against a member of the grievances committee. Nothing has been mentioned in the bye laws. An experience shows that the C.A. or the person is on the list of Govt. is auditing the accounts of the societies.
I C Naik
Vinayak from Mumbai Maharashtra has raised several questions post the 97th Constitutional (Amendment) Act 2011 and post Maharashtra Ordinance 2 of 2013 (Lapsed on 22-04-2013).Briefly stated these are:
1.Registrar’s direction to adopt new Bye Laws by all co-operative societies of the concerned Wards.
Response: The Maha Ordinance 2 of 2013 having lapsed, the power given to Registrar to specify Model Bye Laws stands revoked. [Proviso 2 to Section 14]
Societies shall continue to be governed as per bye laws registered and in fotce.
2. Updating the housing Manual for the co-operative Housing societies issued by Maharashtra Government.
Response: The Housing manual which was approved on 15 10 2011,by the Secretary Cooperation, for its issue, has been recently posted on the website of the Registrar and Commissioner of Cooperative Societies Maharashtra Pune.
It has not been possible to conclusively as verify whether it has been at all issued.
My inquiry on website has not been responded.
I have gone through the manual and found its quality to be extremely poor. It does not seem to have been formally issued.
3. How to comply with Reservation for S.C./ST,D,T./NT and other classes?
Response: New Reservation policy declared as per Ordinance and inserted in New Model Bylaws is not applicable as the Ordinance is not in force.
However as provided in the Article 243ZQ and Article 243ZI {both inserted by the 97th Constitutional (Amendment) Act 2011} providing for Reservation of seats, as under, is applicable to Societies across India (Except in the State of Gujarat as the High Court of that State has quashed the 97th C A A amendment)..
“Provided further that the Legislature of a State shall, by law, provide for the reservation of one seat for the Scheduled Castes or the Scheduled Tribes and two seats for women on board of every co-operative society consisting of individuals as members and having members from such class or category of persons of one seat each for above 3 categories of members.”
The State Cooperation Minister has a few days back clarified that reserved seats will remain vacant if there was no member in any reserved category but, as per above provision in the constitution, the reservation applies only if there are members in reserved category.
This provision is deemed to be a part of cooperative laws of all the States and Union Territories, by virtue of Article 243ZT of the Constitution.
4. As per the new model Bye Laws, the society is to be formed a grievances committee to solve the day to days problems of the members of the Housing society.
Response: As the Ordinance having lapsed, the new bye laws are non-existent as of now. The practical solution seems to be the remaining two will decide the matter.In any case grievances committee is a facilitator and its solutions are binding to the extent agreed to by all concerned.
5. Control of the Govt. authorities on the working of the housing societies especially on the accounts & other matters.
Response: It is going to much more than earlier, as 97th C A A has made some rules about accounts and also reporting: Article 243ZM and Article