Re: [MAHARASHTRA CHS RTI Union:419] Adoption of bye laws

[JBPatel . Jeby]

Quote: "Actually, in my considered view there should not be any "seperate" requirement to get the bye-laws approved by each and every Society, instead the same should be mandatory and should be made applicable by "notification" to all the societies, like Acts, Rules, Circulars, Manual, Recknor, which will save huge money, time and energy not only of respective societies, its members but also various authorites and will have "uniform bye-laws". Unquote.

The official copy published by the authorities cost just Rs. 40/- and not Rs.100/-. There are appx. 82,000 co-operative housing societies in Maharashtra. So who will save huge money and who will make huge money? And when we are talking about the legal requirement, there is no scope of any one's considered view. The department will receive any copy you submit whether legal or illegal. The onus will be on the societies to prove the legality when challenged in the courts. In my view, you or the publisher must get the authoriries publish a circular / notification that any PRIVATE copy of MCS Bye Laws published by any one, at any price, will be good enough for getting approved and will be recognised under the law as well as by the department.

J.B.Patel (Jeby)
Housing Societies' Activist!
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From: Vijay Nagare <nass...@gmail.com>
Sent: Sun, 16 Jun 2013 02:20:27
To: maha-chs-...@googlegroups.com
Cc: Anup Patel <patel....@gmail.com>, "Housingac.chs.mahada" <ac.chs...@gmail.com>, HousingDDRGhorpade_s <ghorpad...@yahoo.co.in>, "Ad.LBTiwari" <Sahay...@hotmail.com>, HousingSocialJustice <sec.soci...@maharashtra.gov.in>, HousingSecIT <sec...@maharashtra.gov.in>, HousingDJRMumbai <djr...@rediffmail.com>, HousingHarshwardhanP <rstr...@coopmin.org>, HousingDRchanderjesw <chander...@gmail.com>, HousingDRNarendranik <narendra...@gmail.com>, housing-societies-we fare-forum <housing-societi...@googlegroups.com>, RajivPatel Rajiv <rpatel...@gmail.com>, HousingHRJagtap <hrja...@indiatimes.com>, ItsMyRightGroup My <its-my...@googlegroups.com>, HousingPROSatishLali <pro1...@maharashtra.gov.in>, HousingCS <c...@maharashtra.gov.in>, Housingddr_mum3 <ddr_...@rediffmail.com>, HousingHomeSec <acs....@maharashtra.gov.in>, jebypatel <jeby...@rediffmail.com>, Housingddr_tna <ddr...@rediffmail.com>, AdHemantAgarwal Agarwal <ha...@rediffmail.com>, "HousingDr.Badhan" <btba...@gmail.com>, HousingSecRajgopalDe <sec....@maharashtra.gov.in>, HousingDJR_kkn <djr...@rediffmail.com>, HousingGadServices <psec.gad...@maharashtra.gov.in>, HousingChiefSecretar <chiefse...@maharashtra.gov.in>, HousingDRMhadaDileep <dileep...@gmail.com>, Housingddr_mum2 <ddr_...@rediffmail.com>, HousingCheifSecreata <psec...@maharashtra.gov.in>, HousingDilipKashte <dilip...@yahoo.co.in>
Subject: Re: [MAHARASHTRA CHS RTI Union:419] Adoption of bye laws

Dear All,

All of you must be aware that the Hon. Commissioner & Registrar, Co-operative Societies is the only authorised under the MCS Act, to make bye-laws and accordingly he has published latest bye-laws on his official website, which can be used and being used as 'official bye-law' for all the purposes including adoption /approval as advised by respective Dy./Asst. Registrar.

Recently, during a case of registration I came to know from a staff of a Dy Registrar, that MSWA has made available latest bye-laws in printed form which can be used as it contains relevant forms, annexures, etc, which is not available in the bye-laws published on the official website. The bye-laws made available by MSWA is nothing but a printed version of the same bye-laws as published officially on the website with addition of annexures and forms as were available in earlier bye-laws. MSWA claimed that the said byelaw has been published at the hands of Hon'ble Minister, Co-operation.

In the present e-era making use of official document / format viz. Stationary is not prohibited and usually and widely accepted. Take example of M/s Tax Print or even we use various formats (from the books or manual or websites, like Income Tax, RoC, Vat), so there should not be any question of obtaining approval for printing it by MSWA or for that reason by any one of us as was necessary earlier. So, no question of any misleading by me to any members of group! Practical and "conatructive" Solution!!

Earlier, the byelaws were printed by Mumbai Housing Federation, Pune Housing Federation and MSWA with specific prior approval of Hon'ble Commissioner & Registrar, but, for present bye-laws as the same is officially published on the website by the Hon'ble Commissioner & Registrar, in my opinion the same can be used by us, as the object of publishing the same on the website is same as it would not be possible for the department to print it and make it available in large quantity that too when further amendments are expected. Once the bye-laws are "duly approved" by the general body and subsequently by the respective Registrar, it becomes valid, approved and registered bye-laws of that particular Society.

Incase, any senior or other learned members are of different view than what is expressed by me hereinabove or in my earlier communication, then please guide and advise proper solution and a future course of action and also take up the issue with appropriate authorities, federation and MSWA for constructive steps to be taken to address this issue.

I hope you all are with me on the issue?

Actually, in my considered view there should not be any "seperate" requirement to get the bye-laws approved by each and every Society, instead the same should be mandatory and should be made applicable by "notification" to all the societies, like Acts, Rules, Circulars, Manual, Recknor, which will save huge money, time and energy not only of respective societies, its members but also various authorites and will have "uniform bye-laws".

Regards.

Vijay Nagare

On Jun 16, 2013 12:05 AM, "JBPatel . Jeby" <jeby...@rediffmail.com> wrote:

Thank you Mr.Vijay Nagare,

Welcome to MAHARASHTRA CHS RTI UNION.

I am sure that  publishing of MCS Bye Laws under 97th Amendment or otherwise for official purpose is only entrsuted either to the Commissioner of Co-operative Department or to The Mumbai District Co-operative Housing Federation Ltd. I would like to know if MSWA is also authorised to publish the same OFFICIALLY on behalf of "The Mumbai District Co-operative Housing Federation Ltd." or the Government for legally submitting the same to the Co-operative Housing Department from the CHS. If yes, kindly furnish relevant documents or please stop misguiding our members of this forum. Your comments on the matter on the forum will be highly appreaciated. 

J.B.Patel - Jeby
Housing Societies' & RTI Activist
MAHARASHTRA CHS RTI UNION
9820538570

From: Vijay Nagare <nass...@gmail.com>
Sent: Sat, 15 Jun 2013 19:13:46
To: maha-chs-...@googlegroups.com
Subject: Re: [MAHARASHTRA CHS RTI Union:415] Adoption of bye laws

Dear Manoj,

You can submit the printed bye-laws available with MSWA Office (lastest copy), wherein they have now removed Election Rules, M-20 Bond format (as in their earlier copy published on their website the same was included). You need to just submit the application for amendment of bye-laws (i.e. adoption of new model bye-laws as per 97th amendment in place of existing bye-laws) to the respective Dy. / Assistant Registrar within 2 months of approval of the same in the general body meeting and the Registrar Office is supposed to approve the same within 60 days.

Regards,

Vijay Nagare 

On Sat, Jun 15, 2013 at 4:44 PM, Manoj <manother...@gmail.com> wrote:

Dear Sir,

 

Please if you give your guidance on the following :-

 Bye laws has been adopted in the sgm held, as per housing federation it will take more 2 months to get a printed bye laws, I have come to know that some societies have submitted bye laws book printed by MSWA, is it ok  to get the bye laws from MSWA and submit to the registrar ?

 We have also written to the registrar to come and conduct the elections, but there is no response, so can the society conduct election or wait ?

 Thanking you in advance

 Regards

Manoj

 

 

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