Seminar to discuss new amendments in cooperative law

Written By Unknown on Rabu, 24 April 2013 | 22.23

MUMBAI: The Maharashtra Societies Welfare Association has organized a full-daybasic training programme in cooperative housing society laws which will mainly discuss various implications of 97th Constitutional Amendment of the Maharashtra Cooperative Societies Act, and Model Bye-laws. The event is on Sunday, April 28 at Laram Centre, opposite platform 6, Andheri (W)

"The co-operation sector is in turmoil. Many legal changes are in progress, and many things are moving in opposite directions at different levels. The 97th Amendment has been challenged in Gujarat High Court, and it is convincingly argued that the Parliament may have overstepped its legislative powers," association release said.

Simultaneously, Maharashtra Co-operative Societies (Amendment) Ordinance 2013 is in force, but it is under review by a Select Committee, and substantial changes may happen before it is ratified by the State Legislature in July.

And in the meantime, Co-operative Housing Societies (CHS) are under pressure to adopt the new Model Bye-laws before 30th May. Large numbers of societies are holding Special General Meetings this week, to comply with the earlier 30th April deadline issued by the State Co-operation Department.

It is crucial to understand what is going on! We all have a chance to meaningfully intervene in law-making, which will make a difference in the way we will live together in housing societies for the next few decades! With every passing month of inaction and indecision, we are forgoing precious opportunities to make representations and participate in law-making.

For registration interested members can contact Vishal Bamne on 9823911027 or 42551414, or email on mswa.hsg@gmail.com to confirm their participation.

WHO MUST ATTEND

Managing committee members of Housing Societies, as they will have to make many adjustments in their style of working due to sweeping changes in the Maharashtra Co-operative Societies (MCS) Act, 1960 and New Model Bye-laws. Henceforth, elections must be held under supervision of the State Co-operatives Election Authority, and statutory returns need to be filed to the Registrar, failing which the managing committee will be disqualified and debarred.

Society members with grievances, as they can get speedy relief owing to extension of Right to Information to co-operative societies, and also Grievance Redressal and Dispute Resolution Committee to be appointed. But first, they will have to understand their new rights and duties!

Ordinary members & associate members, who are required to actively participate in the society's affairs, failing which they may forfeit many rights and privileges.

Women, who will enjoy two reserved seats on the managing committees, as against one formerly. But they must earn the respect of the men on the managing committee by getting thorough knowledge of the various aspects of running a housing society.

Members of scheduled castes, scheduled tribes, etc., who will get three reserved seats - enabling active participation in their society's governance.

Chartered Accountants, Advocates, Tax Practitioners, Society Managers and other professionals , who will play an expanded role in housing societies. They will have fresh avenues for earning by rendering new service, but they must understand their statutory responsibilities and legal liabilities, and also guide the office-bearers. The penalties for negligence and failure are steep! Professionals must have a thorough grip of new laws and rules.

TOPICS TO BE COVERED:

· Historical background of co-operative movement, land owners' societies & housing societies.

· Objectives & scope of 97th Constitutional Amendment.

· MCS (Amendment) Ordinance 2013.

· New features of amended MCS Act 1960, their Impacts on co-operative enterprises and on housing societies.

· New model bye-laws for CHS, highlights & impacts.

· Positive & negative effects of the recent amendments on various stakeholders.

· Further changes in MCS Act in near future -- What is needed, what is likely scenario.

· Members' rights & responsibilities -- active members, associate members, nominal members, etc.

· Managing committee & office-bearers duties & responsibilities.

· Audit, AGM, Election Authority& Election Rules, filing of Annual Returns & consequences of non-compliance.

· Seat Reservations for Women, SC/ST/OBC etc. - how to implement.

· How to set up Grievance Redressal & Dispute Resolution Committee, and how it will function.

· Forums of redressal for various disputes & grievances outlined in Model Bye-laws e.g. police, consumer court, co-operative court, civil court, office of dy. Registrar - Theory & Practical Realities.

· Importance of people's participation, how & where to make representations about MCS Act, how to create a public campaign to inform, educate & participate.


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