Wednesday, May 22, 2013

Hsg. Societies, MC, et al (contd.)


CO-OPERATIVE SOCIETY - MDev Law ... - The Annual General Meeting of the society should be held ... the report of the preceding co-operative ... in a Co-operative Housing Society, ... operative society/co operative society.doc
February 13, 2013 45.06 kB 0     0 0



Ref. “Further in most of the States, Statutory audit is not required..... to be carried out by a Chartered Accountant compulsorily. Accordingly, this sector faces a risk of low governance which needs to be addressed through the respective State Cooperative Laws.”

Sorry! To one’s knowledge, the field reality seems to be quite different. In fact, in Kar, Bangalore, it is a CA, who is by and large engaged for audit of Hsg. Society(ies). Nonetheless, no care whatsoever is taken to report or qualify report whether  even some of the basic requirements of the spl. law (e.g. in Kar the law is KAOA) have been complied with. To be precise, one such vital requirement / mandate is due and proper registration of ‘owners’ association’ as “...AOA” under KAOA. But , mostly not done; instead, done under another unrelated Act – KSRA and as RWAs.  Still, the accounts audited are reported to be as of a properly registered Owners’ Association. That  and several other deficiencies in audit which appear to have contributed to the long prevailing,- with no awareness or awakening at all thus far,- totally messed up  state of affairs in this area. For knowing more, copious material in public domain need to be looked at. The Institute supposed to be in governance of the practising professionals in this field, so far as one knows, does not seem to have taken even a baby step to bring about any marked improvement in the obtaining sordid state of affairs.  Better  that is cared to be done,  with no more disenchantment  or procrastination.

'Can't charge flat buyer extra for parking slot'

Better be aware, and specially note:
1. 'Flat' and "Apartment' are basically two distinct types of property governed by two separate enactments of States.
2. Scheme of things applicable thereto under the respective enactments is materially different .
 3. The rulings of the SC and the Consumer courts relate to ‘flats’, as is common in cities like Mumbai, in a building registered as a housing society and as such, in terms, apply only to flats; not 'apartments' -as is the case in cities like Bangalore, the purchasers of which are obligated to form an 'owners' association' as per the law applicable to apartments.
For knowing in greater detail, not only the intricacies of the law but also the problems commonly being faced by the gullible buyers  as a 'community, especially purchasers of flats in Mumbai, and of apartments in Bangalore, self-help being the best help, also any day reliable, recommend to spare no pains to go through the copious material available in public domain- mainly the popular websites such as, - citizenmatters, commonfloor and apartmentadda..
The problems mentioned are mainly attributable to the reality that State governments have never cared to strictly implement and rigidly enforce the said special laws, albeit in place on the statute book for decades now.

  1. › ... › Parking Spaces

    Feb 29, 2012 - MUMBAI: The Maharashtra State Consumer Disputes Redressal Commission recently held that a builder has no right to sell stiltparking or ...

9th June

vv IMP>
Under the Directorate of the Registrar of Cooperative Societies, there are 19 Cooperative Divisions - one each at the headquarters of the 13erstwhile undivided .

The karnataka co-operative societies act, 1959. - Department of ...
operative development under the Second Five-Year Plan should be drawn up to .... Co-operative Societies Act, 1959, an order, decision and award made under ..... (i) to define primary societies, secondary societies, federal societies and apex...



'Act' means the Maharashtra Co-operative Societies .... Year of society Maintenance and Service ..... Note (1): 'Family' means as defined under Bye law No

'year' means -

The Interpretation of Laws and General Clauses Act, 1974

This Act may be cited as “The Interpretation of Laws and General Clauses Act, 174”. ...meaning respectively assigned before each of them unless the context ... Year and month” means respectively a year or a month reckoned according to the ...

8th June


Residents will soon have to evacuate the dangerous buildings: Housing Ministry

It has been quite a long -long way- ‘miles’ - traversed  from the old days of chawls to the modern days of flats and apartments. Both have inherently immense problems with complexities galore. They are all attributable to the inevitable cavernous gap between any two individual's independent  mindsets, more often than not centred or rooted firmly in that obnoxious self-centered self-motivated  human behaviour- verging on 'inhuman'. That is a nature-given or created predicament, hence no way to bring about any reconciliation or   meeting point between the two conflicting self-interests. 

7th June
Conflicts between Shareholders Agreements and Articles of a Company

<> Instantly, not one but many debatable points arise, such as the following:

1. Under the company law, one of the aspects being touched upon herein, namely, 'transferability',- to be precise any restriction on "free- transferability", of shares, has a legal implication or significance of its own. In that, if there be any such restriction in the articles, then, going by one's impression(open to correction), the complexion/classification of  the company itself will be different. Reference is to the definition in law of the terms "public company" and "private company".

2. Do not the views need to be specially  considered /reviewed  depending upon say,  in a case where the noted  mutual conflict is with reference to any later amendment of  the original articles but  the SHA is  one entered into before such amendment.

Incidentally, it calls for a special noting, any such conflict between the SHA and Articles is basically  of a ‘contractual’ type. And, is prima facie distinct from  any conflict or non-compatibility often giving rise to disputes , being between two statutes - say, the decades-old Transfer of property Act and a statute coming into force at a later point in time e.g. the  state special enactment  on "Apartments" (being a property clearly distinct from a wholly owned independent house property solely governed by the TP Act).
Nonetheless, a  study of  decided court cases on the latter mentioned type may possibly provide  useful  clues and guidance on the former.

Simply sharing above own spontaneous thoughts. Hoping to have made them sufficiently clear, the earnest suggestion to  law experts is to consider whether or not the subject matter requires a  multidimensional approach for coming to proper or better conclusions.

< Previous

Bom HC  on ROCS > arbitrator for dispute resolutin

in the high court of judicature at bombay ordinary original civil ...

Apr 4, 2012 – ARBITRATION PETITION NO. 1385 OF 2010. Sarthak Developers ......Petitioner. Vs. Bank of India Amrut Tara Staff Coop. Housing Society Ltd.

30th May
AT news

  • Builders should consider the basic consumer requirements: MLA of Mangalore
  • Occupancy Certificate Explained

  • BL
    28th May


    Where values go for a six

    A blow to cricket. — V. GanesanConfronted with overwhelming levels of corruption, who can blame Indians for losing faith in religion, sorry, cricket? »

    cross refer>

    1. "EQ"

    ALSO refer. ICAI Journal May 2013 -
    Art pg
    MC's Duties and Powers ? >


    A. A committee member of a Co-operative Housing Society is a public servant as defined under section 2(c)(ix) of the Prevention of Corruption Act, 1988.
    If a person’s name is not appearing in Share Certificate as a Registered Member or as an Associate Member, he has no right to enter in Managing Committee.

    B. What is the latest on M-20 bonds to be signed by committee members?
    The provision of Mandatory signing of M–20 Bond by Members of Managing Committee has been abolished by the state government w.e.f. 06.09.2012 (G.R. CSL number – 2012/PK402/15-S). It is construed that the pending cases, prior to 06.09.2012, will still be covered U/s. 73(1AB) of MCS Act, 1960.
    In case there are aggrieved members, hereafter should exploit the use of Consumer Forums/ Courts and Bye-Law no 136 of the old Bye-Laws and Bye-Law no 138 of the new Model Bye-Laws, which read as under:-

    "The members of the Committee shall be jointly and severally liable for making good any loss which the society may suffer on account of their negligence or omission to perform any of the duties and functions cast on them under the Act, Rules and Bye-laws of the Society."

    * >>>>>>>>>>>>>>>>>>>>>>>>>>
    1. Relevant Provisions for Accounts and Audit of Housing Societies

      Housing Societies have to function within the frame work of following provisions: .... Theauditors also required to send a copy of the Auditor report to the ...
    2. [PDF]

      Accounts and audit of the society

      records by a Co-operative Housing Society under the Central Act. However, the ... g) Receipts of the collection of charges transfer fees and other funds of the society. ...Every society shall keep at the registered address of the Society, a copy of .... (a) Every society is required to submit Audit Rectification Report on the audit ...

    3. Empanelment of Auditor for Audit of Cooperative Societies - TaxGuru

      Mar 8, 2013 – 6) The documents shall be submitted in Xerox copies duly attested, no original copies shall be sent. The original copies may be verified, if required, before finalization of ... (1) (a) The society shall cause to be audited its accounts at least ....Housing Co-operative societies, to appoint empanel CA as auditor ...

    4. Is your housing society using the maintenance charge for your benefit? › Collections  Society

      Oct 15, 2012 – You could call him the Arvind Kejriwal of his housing society. ... fund of the cooperative housing society, when not required immediately, must ... internalauditor and the account statements should be submitted for audit to the ...

    5. Audit Co-Op Soc - jadhavauditor

      Audit of Co-operative Housing Societies in MAHARASHTRA ... 5) The Indian Contract Act 1872, Transfer of Property Act 1882 & Sale of Goods Act 1930. ... Sec.81(1)(b) – Other societies to get accounts audited from panel of auditors ... Rule 69(7) – Summary of Audit Memorandum prepared by the Auditors required to be ...

    6. Society Act - BC Laws

      Amendment of financial statements and report ... statement without delay and send it to the auditor. ... (b) the directors must mail to the members a copy of the ... 53 (1) For the purposes of an audit under this Act, the ... the time within which a society isrequired to hold an ...

    7. The Cooperative Societies Act 1925 - Punjab Laws Online

      Address of societies. 21. Copy of Act etc., to be open to inspection. 22. Audit. ... 59-A.Transfer of property which cannot be sold. .... with the object of obtaining for its members the credit, goods or services required by them; ..... (1) Every housing and producers' society, in addition to the audit of accounts under section 22, shall ...

    8. Adopt New Model Bye-Law before 30th April | Consumer Resources

      Mar 10, 2013 – It has become necessity for all the co-operative housing societies to call for a Special General Body Meeting before 30.04.2013 to adopt the ...

    9. Audit Circular - Registrar Cooperative Society

      All Group Housing Societies, which have been allotted land until the ... for the sameauditors, who have been engaged by the society for their accounts/internal audit. ... All the Coop societies required to follow this direction strictly failing which ... 53 of Delhi L.c'operative Societies Act, 1972, should send a copy of their audit ...


      Formation and registration of co-operative housing societies 4A. ... Application for merger or transfer of engagements between societies 12. ... Registers and accounts40. ... Auditor to submit report Division 6-Directions of Registrar 44C. ... Audit 57. Financial year Division 3-Valuations 58. Valuations of property to be made ...

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