Credit Co-operative Society

What is the process of co-operative Housing Society Registration?

In India, co-operative housing societies are organisations created by a group of people who join together to jointly purchase, build, and administer residential property. These societies are governed by the Co-operative Housing Society Act of 1912 of the respective state in India. They want to use a jointly owned and democratically run business to meet their members’ shared economic, social, and cultural requirements. Credit societies, housing societies, agricultural societies, and consumer societies are just a few of India’s different kinds of co-operative societies. Because they give their members access to financing, employment, and other economic opportunities, co-operative societies are essential to India’s economy. By offering necessary services like banking, insurance, and housing, they also support the development of rural and urban communities.

Co-operative Housing Society

A society founded with the purpose of facilitating the operations of any such society, or a society with the intention of promoting the economic interests or general welfare of its members, or of the public, in compliance with co-operative principles, may be registered under the Co-operative Societies Act. The National Co-operative Housing Federation of India oversees the majority of housing societies in India. A set of model by-laws based on the Multi-State Co-operative Societies Act of 2002 govern the duties of the co-operative housing society and its members. The co-operative society Act of 1912 or the co-operative society Act of the relevant state governs the other co-operative societies. 

It would probably be preferable if you expressed interest in starting a society if you recently bought a flat in a new development. Additionally, the builder can be required by law to create a society. For instance, a builder must establish a society under the Maharastra Flat Ownership Act, of 1963^[1], within four months after selling 60% of the apartments.

Objectives of Housing Societies

A housing society exists to help its members and create a neighbourhood where everyone can live happily and successfully as a family. These housing co-operatives’ primary goals include, among others:

• The housing societies offer essential services, including water and electricity.
• The maintenance of the housing society is ensured. 
• For the construction of their homes or the construction of additional structures within the housing co-operative, the society members receive financial assistance in the form of loans.
• The housing society purchases land, builds apartments, and then distributes them to its members.
• Within the housing co-operative, a socioeconomic environment is created that promotes healthy standards of life.

Benefits of Registering a Co-operative Housing Society

A specific kind of residential construction known as a co-operative housing society involves the residents’ ownership and management of the housing complex. The following are some advantages of registering a co-operative housing society:

Legal Status: Registering a co-operative housing society makes it a separate legal organisation and gives it legal recognition. It is significant for things like getting loans or resolving disputes. 

Collective Ownership: The residents of a co-operative housing society jointly own the property and have control over the organisation’s administration in the membership. Compared to conventional housing societies, where a single landlord or developer owns each house, this approach may be more democratic and inclusive.

Shared Resources: Instead of each resident having their own private amenities, co-operative housing societies frequently offer shared resources, including gardens, playgrounds, parking facilities, etc. These can be more economical and environmentally beneficial.

Community: As members actively participate in decision-making and society management, living in a co-operative housing society can promote a sense of community and belonging.

Financial Benefits: Co-operative housing societies may provide financial advantages, including combining resources for significant projects and lowering maintenance and sharing expenses.

Democracy: A housing society works democratically, with each member having an equal stake and the same benefits and rights. The office holders, who run the organisation, are chosen through a fair election procedure.

Registration Precedure

According to the Co-operative Societies Act of 1912, it is necessary to register the co-operative housing society in India. The steps to register are as follows:

General body Meeting (before registration) – Chief Promoter ( may be the builder) is chosen by the promoters, who are members co-signing the registration application before the registering authority, in the first meeting under Society’s Model Bye-law 3(iii) (xii). A joint resolution must be adopted in order to approve the application for the registration of a housing society. For this, conducting a meeting with the potential members is necessary. 

In this meeting, relevant decisions are made, including those for getting permission to register the name of the proposed society and opening an account in a bank in that name. The first meeting of certified societies must be recorded in a video under the law.

Name Application– The members must submit an application along with two alternative names in order to reserve the name of the housing society. For the application to be considered valid, it must be signed by a minimum of 10 members of the housing society. Once a name has been chosen, an application, along with payment of the fee receipt, must be submitted in order to reserve the name. For three months, the reserved name is valid. Every housing society with limited liability that is registered under the co-operative society Act of 1912 shall have the word limited as the last word in the reserves name. 

Bank Account – The capital sum must be deposited into the co-operative society’s newly created bank account, which must be opened in its name. At the first general meeting, the name of the society and opening the account in the bank will be discussed.

Clarification and Additional Details – Any extra information or explanation must be sent to the Registrar of the state within the specified time frame following the successful registration of the housing society application.

Issuance of Certificate – Within two months of the registration application’s successful filing, the authorities will issue a certificate of incorporation. This will be the proof of incorporation and registration of the co-operative housing society.

Appeal for Rejection – Within one month of the denial, if the registration is rejected, an appeal can be made with the Registrar.

Documents Required 

The following requirements should be submitted in order to register a co-operative housing society:

• Application for registration.
• Every certificate and statement of bank accounts.
• A minimum of 90% of the promoter members must sign four copies of the application form.
• Promoter member information.
• A description of how society is working.
• 7/12 extract of the property or land card.
• Certificate from the appropriate authority relating to non-agricultural land.
• The decision of whether the land ceiling Act applies or does not apply to construction.
• The layout that the relevant authority has officially approved.
• Sanction letter for beginning construction.
• Certificate indicating that construction work has been completed.
• Letter of power of attorney for the land.
• Development agreement if the land is taken for development.
• The registered purchase agreement for the apartment with paid stamp duty.
• Architect’s certificate for the building.
• Members list
• To register a society, you need at least ten members. On the other hand, the government has granted authorisation for the housing society with fewer than ten members to use its functions, subject to a few restrictions. The signature of 60% of the promoters who took part in the registration proposal.
• If the government or an undertaking agency of the government has donated the land, a guarantee letter must be submitted. 
• If the property is under trust, the charitable commissioner must issue no objection certification.
• In addition to the requirements listed above, it is mandatory to complete the relevant paperwork when registering co-operative housing societies that have been recognised by SRA/SRD and the MHADA.
• Form A – Application for society registration.
• Form B – Information about the society.
• Form C – Information about the members.
• Form D – Statement of the members’ account.
• Notarised guarantee letter from the society’s chief promoter, builder and promoter on Rs. 100 stamp paper.
• Statements of members with the affidavit of a minimum of 10 promoters.
• Two copies of the bye-laws approved by the Commissioner, Cooperation and Registrar, Co-operative Societies, Maharashtra State Pune.
• Following approval for reservation in the District Central Co-operative Bank, evidence of the promoter member’s bank balance (deposit of each share in the amount of Rs. 500 and the admission fee in the amount of Rs. 100) is required.
• Challan of Rs. 2500/- submitted in the Government Treasury Registration fee for the Housing Society of the Backward Class is Rs.50/-.

Approval 

The Registrar will register the society by issuing a registration certificate once the application has been approved. Within two months of the day the society’s proposal was submitted to the Registrar, a decision must be made about the society’s registration.

Conclusion

In India, co-operative societies were regarded as ideal instruments, and the main guiding force is if an individual or group of individuals wants to create a society must have a common goal to achieve.  The co-operative housing society is becoming more and more popular in India as a result of their affordability, security as investments, democracy, and superior amenities and services. Any member who is over 18 and shares their interests is allowed to join the housing society and enjoy the benefits of its services. The housing co-operatives are regulated by legal bodies and have their own means of support because they are distinct legal entities.

Read our Article: Multi State Credit Cooperative Society Registration