Monday 27 October 2014

EXCLUSIVE POWERS OF COOPERATIVE SOCIETY REGISTERS

Advocate S Selvakumar|Property advocates in Bangalore|Property lawyers in Bangalore

The Registrar of the Co-operative Society has got wide power as per the various provision of the Maharashtra Co-operative Societies Act. If the Registrar is glad by perceptive varied documents of the society that the management of the society is not correct then he will appoint Administrator to manage the affairs of the society.The Registrar can appoint an inquiry officer if the management of the society is not functioning properly. 


1. Under Section 77A the Registrar has power to appoint a replacement Committee or Administrator once there's a failure to elect member to represent committee. 

2. Under Section 78 the Registrar has power to get rid of the managing Committee or the members of the managing Committee.

3. Under Section 79 the Registrar has power to enforce performance of obligation.


5. Under Section 81 the Registrar has power to appoint an Auditor to audit the accounts of the society. 

6. Under Section 82, the Registrar has power to direct the society to rectify the defects within the accounts. 

7. The Registrar on receipt of grievance or on his own will initiate an inquiry beneath Section 83.

8. The Registrar will nutiate action beneath eighty eight to assess damages against delinquent promoters. 

9.The Registrar has power beneath Section 89 to summon and enforce attending of any individual and examine him on oath or affirmation or by official document or to compel the assembly of any document within the same manner, as is provided to the Civil Courts beneath the Code of Civil Procedure 1908. The Registrar has power to examine the operating of the Society beneath Section 89A.

10.If the party is aggrieved by the choice of the Registrar or its subordinate then a provision exists for revision application beneath Section 145 of the Act before higher authority i.e. Joint Registrar of Co-operative Societies and even before the State Government beneath the said Section 154. 

Charges collected by a Society
The apportionment of the share of every member towards the costs of the society shall air the subsequent basis:-
1. Property taxes: As mounted by federal agency on the premise of the rateable worth of the flat/shop per sqft and may be collected consequently. If the capital levy is collected by the Authorities separately in respect of every flat/shop no charges ought to be collected by the society. 

2. Water charges: On the premise of total range and size of the inlets provided in every flats. 


3. Common Electricity charges: Equally for all flats.

4. Contribution to Repairs and Maintenance of the Building/Buildings of the Society: At the speed mounted at the overall Body from time to time, subject to the minimum of 0.75% every year of the development price of every flat for meeting expenses of traditional continual repairs. 

5.Expenses on Repairs and Maintenance of the elevates of the society together with charges for running the lift: Equally by all the members of the building within which lift is provided, regardless of the very fact whether or not they use lift or not.

6. Contribution to Sinking Fund: As provided beneath Bye-laws No.l3(c), at the speed set at the meeting of the overall Body, subject to the minimum of 0.25 % every year of the development price of every flat, together with the proportionate price of the land. 

7. Service Charges: Equally divided by the amount of flats/ shops/unit.

8. Car Parking Charges: At the speed mounted by General Body of the Society at its meeting beneath the bye- laws No.84/85

9. Interest on the Delayed payment of charges: At the simple rate not exceeding 21 % fixed under Bye-laws No. seventy two to be recovered from defaulter members. 

10. Repayment of the Installment of the loan and interest: the number of every installment with interest as mounted by the funding agency. 

11.Non Occupancy Charges: As per the bye-laws No.43(2)(iii)(c), the members shall pay non occupancy charges to the society at such rate as is set by the meeting of the overall Body of the society, non occupancy charges shouldn't be over 100% of service charges.


 12.Insurance Charges: The settled space of every flat, provided, if there's increase within the insurance premium as a result of storing any specific merchandise in any flat, used for industrial purpose, the additional burden of payment shall be shared by those that are responsible such increased premium in proportion to the built up area of their flats. 

13. Lease Rent: The designed up space of every flat.

14. Non Agricultural Tax: The designed up space of every flat.


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