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History of the Federation
The Federation was established in 1943 and has celebrated its Golden Jubilee in the Year 1999. Mr. Murdeshwar, Mr. Ganatra, Ex-Mayors of Mumbai, were earlier Chairman of the Federation. At present, the Federation has more than 22,000 (Approx.) societies affiliated to it. Every month on an average 50-60 societies get are affiliated withto the Federation. This is the result of our endeavor to make the societies a s members of the Federation.
The Federation is purely service-oriented institution formed with intention to solve the problems faced by the management of Housing the societies. Neither the office bearers nor the directors of the Federation have any powers. The complexities of the problems of housing societies are multiplied in the wake of new rules, amendments to the Act, Rules and Byelaws etc. There are various types of societies formed by the rich people, common middle class people, industrial workers, slum dwellers under the SRA Scheme, societies formed by the residents of the MHADA and societies formed under PWR scheme and societies formed by the tenants of chawls. The Federation is always solvesing the various problems faced by member societies and does not cannot differentiate rich and poor. The functioning of the co-operative housing societies is mainly based on the Maharashtra Co-operative Societies Act-19060 and the MCS Rules 1961 and the Byelaws. According to the change of time and need of the members, the Federation has to agitate with the State & Central Governments, Municipal Corporation, Co-operation Department and other authorities to redress their grievances.
ACHIEVEMENTS OF THE FEDERATION
- Registration of the Co-operative Housing Societies, the rules are relaxed.
- Standard agreement between the builders/developers and flat purchasers has been included in the MOFA Act. The agreement was drafted by the Federation and the State Government accepted it in toto.
- Stamp Duty is reduced from time to time considering the affordability of common people. The Federation has represented to the then Prime Minister Late Shri Rajiv Gandhi to exempt Income Tax Clearance Certificate for the purpose of registration of conveyance documents and agreements. The Government exempted from Sec.230 A and Ruleel s, 37(E) of the Income Tax Act.
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It is not possible for the committee members or office bearers of the society to refer to the voluminous books with commentary on provisions of the Maharashtra Co-operative Societies Act and the rules with the case laws. Therefore, various booklets have been published in simple language viz
- How to register co-operative housing society?
- Transfer of Flat
- How to recover dues under Section 154(29)b of the MCS Act-1960.
- Assignment of flat.
- Expulsion of member.
- Management of Co-operative Housing Society.
- Preservation of Records.
- P.P. Leaflet (regarding amendment of Byelaws).
- Housing Pricks.
- Persuaded the Government of Maharashtra to amend Section 154-b-(29 )b of the MCS Act to include Housing Societies within the purview of the said section for early recovery of dues. For recovery of dues of the Housing Societies from their members , the Federation had taken services of Co-operative Officer from the Co-operation Department , Registrar of Co-op. Society’s office, Mumbai to recover the dues. However one recovery officer was not sufficient so we appointed our own six Special Recovery Officers, who have been empowered by the State Government to recover dues from the defaulter members. They have so far recovered about Rs.10 crores as dues of the Housing Societies.
- With the help of leading Advocate, we had drafted the bill of Conveyance of Property in the name of housing societies on par with Bombay Tenancy Regulation Act & have submitted draft bill to the Government. This Bill with certain amendments is passed by both the Houses of the State Legislature of the Govt. of Maharashtra in April-2007. It is sent to the President of India for assent, which is expected shortly.
- Plots of Chheda Nagar, Garodia Nagar, Pestom Sagar, Bangur Nagar etc., which were earlier saltpans, the Central Government was claiming to be owners of the said land , federation . Under my Chairmanship we took up the matterproblem with the Central GovernemtnGovernment and met the then Union Minister for IndustryuIndustry Shri N.D. Tiwari and problem was sorted out the problem.
- For small matters, it is not necessary to appoint the advocates. Various booklets have been published by the Federation, which provide proper guidance and advice. The member societies can appoint advocates/solicitors as per the nature of the case to be filed, whether with Co-op. Dept. or in Co-op. Court, or Appellate Court or small causes court or Metropolitan Magistrate Court or City Civil Court or High Court. In such situation Federation advises the member societies about the matters to be defended which will depend upon the merit of case.
- Execution of Bond:- By amendment to the MCS Act-1960, Section 73-1(AB), the elected members of the Managing Committee of a society are required to Execute Bond M-20 within a stipulated period of 15 days of assuming the office. The Bombay High Court also upheld the said provisions of the Act. The Federation has been trying to get housing societies exempted from execution of Bond and succeeded to convince the Commissioner of Co-operation & Registrar of Co-operative Societies.