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Information on Investments of the Housing / Premises Society Funds
Published By (Adv Zarin Shaikh), Date (26 Jun 2023)
Information on Investments of the Housing / Premises Society Funds

Ref. Circular dated 1st June, 2023 issued by Divisional Joint Registrar Co-operative societies.

According to the circular dated 1st June, 2023 issued by Divisional Joint Registrar Co-operative societies, it has been stated that Co-operative societies should invest their funds in a District Central Co-operative Bank, the State Co-operative Bank, having received "A" audit grade for the last 3 consecutive years, if no such Central Co-operative Bank is available in district, then to invest in any Nationalised Bank.

 

The Mumbai State Central Co-operative Bank has 50 functioning branches & 3 extended branches in Mumbai city as well as in suburban areas. It works on CBS computer system also this bank has received "A" audit grade for the last 3 consecutive years.

 

Investing in these banks as per section 70 & section 154B-17 of Maharashtra Co-operative Societies Act, would strengthen the cooperative sector and district co-operative banks which may result to achieve progress in cooperative sector.

 

As per circular it has been directed to District Deputy Registrar, Deputy Registrar, and Assistant Registrar to invest the funds of cooperative societies under section 70 & section 154B-17 of Maharashtra Co-operative Societies Act, in Mumbai State Central Co-operative Bank

 

According to Maharashtra state bye-laws, “A Banking Account shall be opened by the Society in the nearest State or District Central Co-op Bank / a Scheduled Bank having awarded “ A “ Audit Class in last three consecutive years, nationalized Bank, and in any other mode permitted by general or special order of the State Government, as provided under section 70 of the MCS Act and the account shall be operated upon and all acquaintances and discharges shall be signed by the Secretary jointly with the Chairman or Treasurer.”

 

We would like to reproduce section 154B-17 of Maharashtra Co-operative Societies Amendment Act 2019 for your ready reference. 

154B-17. A society shall invest or deposit its funds in one or more of the following :—

 

(a) in a District Central Co-operative Bank, the State Co-operative Bank, having awarded at least “A” Audit Class in last three consecutive years, if no such Central Co-operative Bank is available in district, then any Nationalised Bank ;

 

(b) in any of the securities specified in section 20 of the Indian Trusts Act, 1882 ;

 

(c) in the shares, or security bonds, or debentures, issued by any other society with limited liability ;

 

(d) in any other mode permitted by the rules, or by general or special order issued in that behalf by the State Government. 

 

 

Considering the aforementioned circular issued by Divisional Joint Registrar Co-operative societies and the instructions in said circular dated 1st June, 2023, we hereby appeal to all the Co-operative Societies to invest its funds in the Mumbai District Central Co-operative Bank.

Ref. Circular dated 1st June, 2023 issued by Divisional Joint Registrar Co-operative societies.

 

According to the circular dated 1st June, 2023 issued by Divisional Joint Registrar Co-operative societies, it has been stated that Co-operative societies should invest their funds in a District Central Co-operative Bank, the State Co-operative Bank, having received "A" audit grade for the last 3 consecutive years, if no such Central Co-operative Bank is available in district, then to invest in any Nationalised Bank.

 

The Mumbai State Central Co-operative Bank has 50 functioning branches & 3 extended branches in Mumbai city as well as in suburban areas. It works on CBS computer system also this bank has received "A" audit grade for the last 3 consecutive years.

 

Investing in these banks as per section 70 & section 154B-17 of Maharashtra Co-operative Societies Act, would strengthen the cooperative sector and district co-operative banks which may result to achieve progress in cooperative sector.

 

As per circular it has been directed to District Deputy Registrar, Deputy Registrar, and Assistant Registrar to invest the funds of cooperative societies under section 70 & section 154B-17 of Maharashtra Co-operative Societies Act, in Mumbai State Central Co-operative Bank

 

According to Maharashtra state bye-laws, “A Banking Account shall be opened by the Society in the nearest State or District Central Co-op Bank / a Scheduled Bank having awarded “ A “ Audit Class in last three consecutive years, nationalized Bank, and in any other mode permitted by general or special order of the State Government, as provided under section 70 of the MCS Act and the account shall be operated upon and all acquaintances and discharges shall be signed by the Secretary jointly with the Chairman or Treasurer.”

 

We would like to reproduce section 154B-17 of Maharashtra Co-operative Societies Amendment Act 2019 for your ready reference. 

154B-17. A society shall invest or deposit its funds in one or more of the following :—

 

(a) in a District Central Co-operative Bank, the State Co-operative Bank, having awarded at least “A” Audit Class in last three consecutive years, if no such Central Co-operative Bank is available in district, then any Nationalised Bank ;

 

(b) in any of the securities specified in section 20 of the Indian Trusts Act, 1882 ;

 

(c) in the shares, or security bonds, or debentures, issued by any other society with limited liability ;

 

(d) in any other mode permitted by the rules, or by general or special order issued in that behalf by the State Government. 

 

Considering the aforementioned circular issued by Divisional Joint Registrar Co-operative societies and the instructions in said circular dated 1st June, 2023, we hereby appeal to all the Co-operative Societies to invest its funds in the Mumbai District Central Co-operative Bank.

 

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FREQUENTLY ASKED QUESTIONS
What is the procedure to fill up the vacancies in the Managing Committee ?
Notification from the Co-operative Department dated 17th Feb 2022 gives the details of the procedure.
In the event of the vacancy occurring n account of death, resignation, disqualification or removal of an elected committee member of a society or through such a member becoming incapable of acting, prior to the expiry of his term of office or otherwise, the committee of the society shall forthwith communicate the occurance of such a vacancy to the State
Co-operation Election Authority and District Co-operation Election Officer, and the vacancy shall be filled within one month from the date of such communication , by nomination of the eligible members out of the same class of the members in respect of which casual vacancy/ vacancies has arisen, in the meeting of the remaining members of the Committee , which shall be presided by an officer authorised by State Co-operation Election Authority.
provided that at any instance during the tenure of a committee, there shall not be nominated members of the committee exceeding one third of the total strength of the committee.
What is the procedure to fill up the vacancies in the Managing Committee ?
Notification from the Co-operative Department dated 17th Feb 2022 gives the details of the procedure.
In the event of the vacancy occurring n account of death, resignation, disqualification or removal of an elected committee member of a society or through such a member becoming incapable of acting, prior to the expiry of his term of office or otherwise, the committee of the society shall forthwith communicate the occurance of such a vacancy to the State
Co-operation Election Authority and District Co-operation Election Officer, and the vacancy shall be filled within one month from the date of such communication , by nomination of the eligible members out of the same class of the members in respect of which casual vacancy/ vacancies has arisen, in the meeting of the remaining members of the Committee , which shall be presided by an officer authorised by State Co-operation Election Authority.
provided that at any instance during the tenure of a committee, there shall not be nominated members of the committee exceeding one third of the total strength of the committee.
What is the procedure to fill up the vacancies in the Managing Committee ?
Notification from the Co-operative Department dated 17th Feb 2022 gives the details of the procedure.
In the event of the vacancy occurring n account of death, resignation, disqualification or removal of an elected committee member of a society or through such a member becoming incapable of acting, prior to the expiry of his term of office or otherwise, the committee of the society shall forthwith communicate the occurance of such a vacancy to the State
Co-operation Election Authority and District Co-operation Election Officer, and the vacancy shall be filled within one month from the date of such communication , by nomination of the eligible members out of the same class of the members in respect of which casual vacancy/ vacancies has arisen, in the meeting of the remaining members of the Committee , which shall be presided by an officer authorised by State Co-operation Election Authority.
provided that at any instance during the tenure of a committee, there shall not be nominated members of the committee exceeding one third of the total strength of the committee.
What is the procedure to fill up the vacancies in the Managing Committee ?
Notification from the Co-operative Department dated 17th Feb 2022 gives the details of the procedure.
In the event of the vacancy occurring n account of death, resignation, disqualification or removal of an elected committee member of a society or through such a member becoming incapable of acting, prior to the expiry of his term of office or otherwise, the committee of the society shall forthwith communicate the occurance of such a vacancy to the State
Co-operation Election Authority and District Co-operation Election Officer, and the vacancy shall be filled within one month from the date of such communication , by nomination of the eligible members out of the same class of the members in respect of which casual vacancy/ vacancies has arisen, in the meeting of the remaining members of the Committee , which shall be presided by an officer authorised by State Co-operation Election Authority.
provided that at any instance during the tenure of a committee, there shall not be nominated members of the committee exceeding one third of the total strength of the committee.
After serving notice for recovery of the dues from a member by the Society, is there a time limit by which , the Society has to take legal action ? Like, one month, 3 months etc ?
The society is required to take legal action within a period of 90 days after serving of the notice for recovery
After serving notice for recovery of the dues from a member by the Society, is there a time limit by which , the Society has to take legal action ? Like, one month, 3 months etc ?
The society is required to take legal action within a period of 90 days after serving of the notice for recovery
After serving notice for recovery of the dues from a member by the Society, is there a time limit by which , the Society has to take legal action ? Like, one month, 3 months etc ?
The society is required to take legal action within a period of 90 days after serving of the notice for recovery
After serving notice for recovery of the dues from a member by the Society, is there a time limit by which , the Society has to take legal action ? Like, one month, 3 months etc ?
The society is required to take legal action within a period of 90 days after serving of the notice for recovery
Whether there is any notification which states that NOC of the Society for flat transfer is not required.
No. There is no Govt order to this effect. However, the Bye_law ( model) no 38 (d) states that "No objection Certificate of the Society is not required to transfer the shares and interest of the transferor to trnsferee . However, in case such a certificate is required by the transferor or the transferee, he shall apply to the Society and committee of the Society may consider such application on merit, within one month."
Whether there is any notification which states that NOC of the Society for flat transfer is not required.
No. There is no Govt order to this effect. However, the Bye_law ( model) no 38 (d) states that "No objection Certificate of the Society is not required to transfer the shares and interest of the transferor to trnsferee . However, in case such a certificate is required by the transferor or the transferee, he shall apply to the Society and committee of the Society may consider such application on merit, within one month."
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