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 satisfied by observing various documents of the society that the management of the society is not proper then he can 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 Section77A the Registrar has power to appoint a new Committee or Administrator when there is a failure to elect member to constitute committee.

2.Under Section78 the Registrar has power to remove the managing Committee or the members of the managing  Committee.

3.Under Section79 the Registrar has power to enforce performance of obligation.

4.The Registrar has power of seize records of the Society.

5.Under Section81 the Registrar has power to appoint an Auditor to audit the accounts of the society.

6.Under Section82, the Registrar has power to direct the society to rectify the defects in the accounts.

7.The Registrar on receipt of complaint or on his own can initiate an inquiry under Section83.

8.The Registrar can nutiate action under 88 to assess damages against delinquent promoters.

9.The Registrar has power under Section 89 to summon and enforce attendance of any person and examine him on oath or affirmation or by affidavit or to compel the production of any document in the same manner, as is provided to the Civil Courts under the Code of Civil Procedure 1908. The Registrar has power to inspect the working of the Society under Section 89A.

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

Charges collected by a Society

The apportioning of the share of each member towards the charges of the society shall be on the following basis:-

1.Property taxes: As fixed by Local Authority on the basis of the ratable value of the flat/shop per sqft and should be collected accordingly.If the property tax is collected by the Authorities individually in respect of each flat/shop no charges should be collected by the society.

2.Water charges: On the basis of total number and size of the inlets provided in each flats.

3.Common Electricity charges: Equally for all flats.

4.Contribution to Repairs and Maintenance of the Building/Buildings of the Society: At the rate fixed at the General Body from time to time, subject to the minimum of 0.75% per annum of the construction cost of each flat for meeting expenses of normal recurring repairs.

5.Expenses on Repairs and Maintenance of the lifts of the society including charges for running the lift: Equally by all the members of the building in which lift is provided, irrespective of the fact whether they use lift or not.

6.Contribution to Sinking Fund: As provided under Bye-laws No.l3(c), at the rate decided at the meeting of the General Body, subject to the minimum of 0.25 percent per annum of the construction cost of each flat, including the proportionate cost of the land.

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

8.Car Parking Charges: At the rate fixed by General Body of the Society at its meeting under 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.72 to be recovered from defaulter members.

10.Repayment of the Installment of the loan and interest: The amount of each installment with interest as fixed by the financing 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 decided by the meeting of the General Body of the society, non occupancy charges should not be more than 10% of service charges.

12.Insurance Charges: The built-up area of each flat, provided, if there is increase in the insurance premium due to storing any specific goods in any flat, used for commercial purpose, the extra burden of insurance premium shall be shared by those who are responsible such increased premium in proportion to the built up area of their flats.

13.Lease Rent: The built up area of each flat.

14.Non Agricultural Tax: The built up area of each flat.

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