Shinde's appointment raises hope for final draft rules for Maharashtra Co-operative Societies Act (Amendment) 2019 so it can be implemented
Anil Kawade, commissioner for Cooperation and Registrar of Cooperative Societies, Maharashtra with other officials at the meeting
If everything goes well, the draft rules for Maharashtra Co-operative Societies Act (Amendment) 2019, will see light of day soon, due to the appointment of new Chief Minister Eknath Shinde. The new cabinet will approve the final draft rules.
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A high-level meeting comprising members of the state housing federation, and associations working for development of housing societies was held at Pune last week, with the cooperative commissioner to finalise the draft rules. The rules touch upon many first time provisions viz funds for self-redevelopment, filling of casual vacancy within the committee, provision for cooperative education, etc.
The meeting was chaired by Anil Kawade, commissioner for Cooperation and Registrar of Cooperative Societies, Maharashtra, along with Nagnath Yeglewad, additional registrar (Housing) and Dileep Uddan, deputy registrar (Housing) attached to the commissioner office. The panel included CA Ramesh Prabhu, Sitaram Rane, chairman of State Cooperative Housing Federation and other office bearers from Mumbai, Navi Mumbai and Pune.
Advocate Shreeprasad Parab, expert director, The Maharashtra State Cooperative Housing Federation Limited, who was present at the meeting said, “For complete implementation of the provisions of the Maharashtra Co-operative Societies Act (Amendment) 2019 for Housing Societies, the commencement of Rules for Housing Societies is a must. Now, as the new chief minister has taken oath, all the housing sector agencies expect that soon the cabinet will approve the rules. The process will take the next few months before the rules are enforced.”
Benefit for housing societies
Parab added, "In Maharashtra there are more than 1,25,000 housing societies. The Co-operative Housing Societies are around 50% of the total societies in the state. Hence, to cater to the management of the housing societies, the state provided a separate chapter for them in the Maharashtra Co-operative Societies Act, 1960. It provided many beneficial provisions in the statute with regard to the administration of housing societies. But these provisions cannot be implemented without the rules framed for them. Thus, the Maharashtra State Co-operative Housing Societies Federation continuously followed-up with the state to publish the rules. On June 24, the Commissioner Co-operation held a meeting with the Federation to discuss the provisions of the draft rules.” Asked to elaborate on some key points of discussion, advocate Parab said, “The proposed draft rules will benefit housing societies to provide amenities and services and for redevelopment/self-redevelopment.”
CA Ramesh Prabhu, secretary of Mumbai Suburban District Cooperative Housing Federation, said, “In the absence of rules, the revised by-laws could not be prepared. An attempt has been made in the draft rules to minimise disputes in the functioning of societies. After the rules are finalised, delegations of power and notifications are expected. The district Cooperative Housing Federation will be given additional powers to impart training to members of the society, managers and the election officers, etc.”
“A separate chapter no.13-B for management of Cooperative housing societies is in the Maharashtra Cooperative Societies Act 1960 effective from March 9, 2019. In order to implement these provisions, there was a need to make necessary amendments in the MCS Rules 1961 and so the meeting was held in Pune. Among the aspects discussed were: 1) Efforts should be made to have proper elections in cooperative housing societies with less than 250 members; 2) Service charges to be equal on number of flats, water charges as per inlet, sinking fund, repairs and maintenance fund on basis of area of flat; 3) Regarding self-redevelopment fund, loans up to 10 times the value of land as per the ready reckoner may be raised with consent of more than 2/3rd members,” Prabhu said.
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