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MCS Act - Third Amendment Ordinance 2018 - English Version

In pursuance of clause (3) of article 348 of the Constitution of India, the following translation in
English of the Maharashtra Co-operative Societies (Third Amendment) Ordinance, 2018 (Mah. Ord. XXV
of 2018), is hereby published under the authority of the Governor.
By order and in the name of the Governor of Maharashtra,
RAJENDRA G. BHAGWAT,
I/c. Secretary (Legislation) to Government,
Law and Judiciary Department.
[Translation in English of the Maharashtra Co-operative Society (Third Amendment), Ordinance, 2018
(Mah. Ord. XXV of 2018), published under the authority of the Governor].
———————
RNI No. MAHENG /2009/35528
¦ÉÉMÉ +É`ö---142--1
(1)
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2. In section 73CB of the Maharashtra Co-operative Societies Act, 1960
(hereinafter referred to as “the principal Act”), to sub-section (11), after the existing
proviso, the following proviso shall be inserted, namely :—
“Provided further that, in case of housing society having less than or up
to 200 Members, the elections of the Committee shall be conducted by the
said housing society in the manner as may be prescribed.”.
3. In section 101 of the principal Act, in sub-section (1), the words “by a
co-operative housing society, for the recovery of its dues or for the recovery of its
maintenance and service charges, or” and the Explanation II shall be deleted.
4. In section 146 of the principal Act, after clause (p-1), the following clause
shall be inserted, namely :—
“(p-2) any officer or past officer or Member or past Member of the
Committee of the housing society fails to supply the copies of the documents
as provided under sub-section (2) of section 154B-8 ; or ”.
5. In section 147 of the principal Act, after clause (p-1), the following clause
shall be inserted, namely :—
“(p-2) if it is an offence under clause (p-2) of that section, with fine which
may extend to twenty five thousand rupees ;”.
6. In section 152 of the principal Act, in sub-section (1), after the figures
and words “105 including against an order for paying compensation to society”
the words, figures and letters “, and sub-section (1) or (3) of section 154B-3” shall
be inserted.
7. After section 154A of the principal Act, the following CHAPTER shall be
inserted, namely :—
“CHAPTER XIII-B
CO-OPERATIVE HOUSING SOCITIES
154B. (1) The following provisions of this Act shall apply mutatis
mutandis to the housing societies, namely :—
Section 1, clauses (5), (6), (7), (8), (10), (10-ai), (10-aii), (10-aiii),
(13), (14), (16), (17), (18), (20-A), (21), (24), (26), (27), (28), (29), (29A)
and (31) of section 2, sections 3, 3A, 4, 5, 7, 9, 10, 12, 13, 14, 15, 17,
18, 19, 20, 20A, 21, 21A, 22, sub-sections (1), (2) and (3) of section 23,
sections 25, 25A, 31, 33, 34, 35, 36, 37, 38, 40, 41, 42, except proviso
of sub-section (1) of section 43, section 45 and sub-sections (1)(b), (2)
and (3) of section 47, section 50, sections 64, 65, 66, 67, 68, 69, 70, 71,
71A, 72, 73, sub-sections (2) to (7) of sections 73ID, 73B, 73C, 73CB,
73F, 73I, 75, 76, 77, 77A, sub-sections (1), (1A) and (1B) of section 79,
sections 79A, 79AA, 80, 81 to 89A, 91 to 100, 102 to 110, 145 to 148A,
149 to 154, 154A and 155 to 168.
(2) The following provisions of this Act shall not apply to the housing
societies, namely :—
Clauses (1)(a) and (b), (2)(a), (b) and (c), (4), (9), (10-aii-1), (10A),
(11), (11-A), (12), (14-A), (15), (16-A), (19-a-1), (19-A),(22), (23)
and (25) of section 2, section 6, sections 11, 16, 18A, 18B, 18C,
23(4), 24A, 26, 27, 28, 29, 30, 32, 32A, 39, 44, 44A, 46, 47(1)(a),
47(4), 48, 48A, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61,
62(b), 69B, 72A, 73B(4), 73(1A)(b), 73A, 73CA, 74, 78, 90, 110A
and sections 111 to 144-1A.
Amendment of
section 73CB
of Mah. XXIV
of 1961.
Mah.
XXIV of
1961.
Amendment of
section 101 of
Mah. XXIV of
1961.
Amendment of
section 146 of
Mah. XXIV of
1961.
Amendment of
section 147 of
Mah. XXIV of
1961.
Amendment of
section 152 of
Mah. XXIV of
1961.
Insertion of
CHAPTER
XIII-B in Mah.
XXIV of 1961.
Application
and nonapplication
of
provisions of
this Act to the
housing
societies.
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154B-1. In this Chapter, unless the context otherwise requires,—
(1) “allotee” means a Member of a housing society to whom a plot
of land or a site, or a flat in a building or complex held by it, is allotted by
the co-operative society, or a person who has purchased a flat from the
developer or competent authority and joined as a Member of the society ;
(2) “Architect” means a person registered as an architect under the
provisions of the Architects Act, 1972 ;
(3) “Auditor” means a person or an auditing firm who or which has
been empanelled on the panel approved by the State Government under
sub-section (1) of section 81 ;
(4) “Builder promoter” means,—
(i) a person who constructs or causes to be constructed an
independent building or a building consisting of flats, or converts an
existing building or a part thereof into flats including the redevelopment
of building or buildings, for the purpose of selling all or
some of the flats to other persons and includes his assignees ; or
(ii) a person who develops land into a project, whether or not
the person also constructs structures on any of the plots, for the
purpose of selling to other persons all or some of the plots in the
said project, whether with or without structures thereon ; or
(iii) any development authority or any other public body in
respect of allottees of,—
(a) buildings or flats, as the case may be, constructed
by such authority or body on lands owned by it or placed at
its disposal by the Government ; or
(b) plots owned by such authority or body or placed at
its disposal by the Government, for the purpose of selling all
or some of the flats or plots ; or
(iv) an apex State level co-operative housing finance society
and a primary co-operative housing society which constructs flats
or buildings for its Members or in respect of the allottees of such
flats or buildings ; or
(v) any other person who acts himself as a builder, coloniser,
contractor, developer, estate developer or by any other name or
claims to be acting as the holder of a power of attorney from the
owner of the land on which the building or flat is constructed or plot
is developed for sale ; or
(vi) such other person who constructs any building or
apartment for sale to the general public ;
(5) “Chief promoter” means a promoter who has been elected so in
the meeting of promoters for registration of a housing or premises society ;
(6) “Corpus fund” means payment received or receivable by the
society from the developer in lieu of surrendering its development rights
of plot by way of registered document or contributed by Members for
any purpose as decided in general meeting ;
(7) “Co-operative Housing Association” means association of
housing societies or other legal bodies for the purpose of maintenance
of common amenities or conveyance of land and common amenities in
respect of plot or layout ;
Definitions.
20 of
1972.
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(8) “Committee” means the managing Committee or other governing
body of a society to which the direction and control of the management
of the affairs of a society is entrusted to ;
(9) “Committee Member” means a Member of the society who has
been elected or co-opted or nominated in accordance with this Act, rules
and bye-laws of the society ;
(10) “defaulter” means a Member or flat owner or occupier who fails
to pay the dues of the society within three months from the date of
service of bill or notice or due date of payment, whichever is later ;
(11) “dues” means the amount payable by a Member or flat owner
to the society and demanded by the society by issuing bill or notice in
writing and such demand is based on the provisions of this Act, rules
and bye-laws of the society ;
(12) “Federal society” means a federation of—
(a) not less than five registered housing societies, and
(b) in which the voting rights are so regulated that the Members
which are housing societies have not less than four-fifths of the total
number of votes in the general meeting of such society ;
(13) “Flat” means block, chamber, dwelling unit, apartment, office,
showroom, shop, godown, premises, suit, tenement, unit or by any other
name, means a separate and self-contained part of any immovable
property, including one or more rooms or enclosed spaces, located on
one or more floors or any part thereof, in building or on a plot of land,
used or intended to be used for any residential or commercial use such
as residence, office, shop, showroom or godown or for carrying on any
business, occupation, profession or trade, or for any other type of use
ancillary to the purpose specified ;
(14) “General Body” means all the Members of the society ;
(15) “General Meeting” means meeting of General Body called and
conducted in view of the provisions of this Act, rules and bye-laws ;
(16) “Housing Federation” means the federal body notified by the
Government in the Official Gazette to be the representative of the
registered Housing Societies of the specified areas notified by the
Government, from time to time ;
(17) “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 and to demolish
existing buildings and reconstruct or to construct additional tenements
or premises by using potential of the land ;
(a) “tenant ownership housing society” means a society the
object of which is to allot the plots to its Members to construct the
dwelling unit or flats thereon or to allot the dwelling units already
constructed and where land is held either on lease hold or free hold
basis by the society and houses are owned or to be owned by the
Members ;
¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìC]õÉä¤É®ú 30, 2018/EòÉÌiÉEò 8, ¶ÉEäò 1940 5
(b) “tenant co-partnership housing society” means a society
the object of which is to allot the flats already constructed or to be
constructed to its Members and where both land and building or
buildings are held either on free-hold or lease-hold basis by the
society ; and
(c) “other housing societies” means the house mortgage cooperative
societies, house construction co-operative housing
societies and premises co-operative societies where all the units
are offices or commercial galas ;
(18) “Member” means a person joining in an application for the
registration of a housing society which is subsequently registered, or a
person duly admitted to Membership of a society after its registration and
includes associate or joint or provisional Member ;
(a) “Associate Member” means a person duly admitted to
Membership of a housing society on written recommendation of a
Member to exercise his rights and duties with his written prior
consent and whose name does not stand in the share certificate ;
(b) “Joint Member” means a person joining in an application
for the registration of a housing society jointly, which is subsequently
registered or a person who is duly admitted to Membership after its
registration and who holds share, right, title and interest in the flat
jointly but whose name does not stand first in the share certificate ;
(c) “provisional Member” means a person who is duly admitted
as a Member of a society temporarily after death of a Member on
the basis of nomination till the admission of legal heir or heirs as
the Member of the society in place of deceased Member ;
(19) “Officer” means a person elected or appointed by a society to
any office according to its bye-laws ; and includes any office bearer such
as a chairperson, vice-chairperson, president, vice-president, secretary,
joint secretary, treasurer, joint treasurer, Member of the Committee,
manager and any other person, by whatever name called, elected or
appointed under this Act, the rules or the bye-laws, to give directions in
regard to the business of such society ;
(20) “person” includes,—
(i) an individual, who is competent to contract under the Indian
Contract Act, 1872,
(ii) the State Government,
(iii) the Central Government,
(iv) a Hindu undivided family,
(v) a company registered under the law for the time being in
force,
(vi) a firm registered under the Indian Partnership Act, 1932
or the Limited Liability Partnership Act, 2008,
(vii) local authority,
(viii) an association of persons or body of individuals whether
incorporated or not,
(ix) a co-operative society registered under any law relating
to co-operatives,
(x) a public trust or family trust formed in accordance with a
relevant provisions of law,
(xi) any legal body which can hold the immovable property, and
(xii) any entity as may be notified by the State Government,
from time to time ;
9 of
1872.
9 of
1932.
6 of
2009.

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