The Registrar of
the Co- operative Society has got wide power as per the various provision of
the Maharashtra Co-operative Societies Act. If the Registrar is satisfied by
observing various documents of the society that the management of the society
is not proper then he can appoint Administrator to manage the affairs of the
society. The Registrar can appoint an inquiry officer if the management of the
society is not functioning properly.
1.Under Section
77 A the Registrar has power to appoint a new Committee or Administrator when
there is a failure to elect member to constitute committee.
2.Under Section
78 the Registrar has power to remove the managing Committee or the members of
the managing Committee.
3.Under Section
79 the Registrar has power to enforce performance of obligation.
4.The Registrar
has power of seize records of the Society.
5.Under Section
81 the Registrar has power to appoint an Auditor to audit the accounts of the
society.
6.Under Section
82, the Registrar has power to direct the society to rectify the defects in the
accounts.
7.The Registrar
on receipt of complaint or on his own can initiate an inquiry under Section 83.
8.The Registrar
can nutiate action under 88 to assess damages against delinquent promoters.
9.The Registrar has
power under Section 89 to summon and enforce attendance of any person and examine
him on oath or affirmation or by affidavit or to compel the production of any
document in the same manner, as is provided to the Civil Courts under the Code
of Civil Procedure 1908. The Registrar has power to inspect the working of the
Society under Section 89A.
10.If the party
is aggrieved by the decision of the Registrar or its subordinate then a
provision exists for revision application under Section 145 of the Act before
higher authority i.e. Joint Registrar of Co-operative Societies and even before
the State Government under the said Section 154.
Charges
collected by a Society
The apportioning
of the share of each member towards the charges of the society shall be on the
following basis:-
1.Property taxes: As
fixed by Local Authority on the basis of the ratable value of the flat/shop per
sqft and should be collected accordingly. If the property tax is collected by
the Authorities individually in respect of each flat/shop no charges should be
collected by the society.
2.Water charges:
On the basis of total number and size
of the inlets provided in each flats.
3.Common Electricity charges: Equally for all flats.
4.Contribution to Repairs and
Maintenance of the Building/Buildings of the Society: At the rate fixed at the General Body
from time to time, subject to the minimum of 0.75% per annum of the construction
cost of each flat for meeting expenses of normal recurring repairs.
5.Expenses on Repairs and Maintenance
of the lifts of the society including charges for running the lift: Equally by all the members of the building
in which lift is provided, irrespective of the fact whether they use lift or not.
6.Contribution to Sinking Fund: As provided under Bye-laws No.l3(c), at
the rate decided at the meeting of the General Body, subject to the minimum of
0.25 percent per annum of the construction cost of each flat, including the proportionate
cost of the land.
7.Service Charges: Equally divided by the number of flats/shops/unit.
8.Car Parking Charges:
At the rate fixed by General Body of the
Society at its meeting under the bye- laws No.84/85.
9.Interest on the Delayed payment of
charges: At the simple rate
not exceeding 21 % fixed under Bye-laws No. 72 to be recovered from defaulter
members.
10.Repayment of the Installment of the
loan and interest: The
amount of each installment with interest as fixed by the financing agency.
11.Non Occupancy Charges: As per the bye-laws No.43(2)(iii)(c),
the members shall pay non occupancy charges to the society at such rate as is
decided by the meeting of the General Body of the society, non occupancy
charges should not be more than 10% of service charges.
12.Insurance Charges: The built-up area of each flat, provided,
if there is increase in the insurance premium due to storing any specific goods
in any flat, used for commercial purpose, the extra burden of insurance premium
shall be shared by those who are responsible such increased premium in
proportion to the built up area of their flats.
13.Lease Rent: The built up area of each flat.
14.Non Agricultural Tax: The built up area of each flat.
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