Amendment in Bye Law
1. Can Registrar imposed Bye-laws?
Ans: Registrar has powers under Section 14 of the Maharashtra Co-operative Societies Act 1960 to impose Bye-law amendment which is in the interest of the society.
2. What is a provision for making separation or amalgamation of the Housing Society?
Ans: According to Section 17 of Co-operation Law if a resolution is passed by the majority of the members present in the General Body Meeting and with prior permission of the concerned Dy/Asst. Registrar than the society can
a) Merge in another society.
b) Transfer owns properties and liability in total or part in another society.
c ) Divide in 2 or more societies.
Classification of the society can be changed. However, In this regard, unless following the procedure as mentioned in Section 17 and Rule 16 made there under of co-operation law, the above cannot be completed legally. Similarly even with the orders of the Registrar the process of division or amalgamation of the society can be made under Section 18 and Rule 17.
3. What is a procedure in respect of amendment in bye-laws of the Co-operative Housing Society?
Ans: Instructions regarding bye-laws amendment should be given to all members through General Body Meeting Notice before 14 days. Bye – law amendment resolution should be passed by 2/3 majority in General Body Meeting. The matter of the bye-law amendment should have to be submitted to the Registrar in prescribed format within two months from the date of approved in the General Body Meeting. The Bye-law amendment came into force only after registration made by the Registrar.
4. In what circumstances the amalgamation or division of the Housing Society can be done?
Ans: Society’s division can take place in following circumstances.
a. If there are two or more than two buildings.
b. There should be a separate water tank and connections in each building.
c . There should be a separate entrance.
5. Is a Registrar competent for making division of the Society?
Ans: The Registrar may impose division of the Society if he thinks it necessary in keeping with interest of the members of society.