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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