The Maharashtra Co-operative Societies Act, 1960 (MCS Act) specified appointment of one registering authority as well as Co-operative Housing Federation to co-ordinate with the respective registering authority for the specified zone. It is also the requirement of MCS Act, for a registering authority for co-ordination with an apex body of Federation of Co-operative Housing Societies under its jurisdiction.
Accordingly all the Co-operative Housing Societies of Navi Mumbai originally enrolled themselves as members of The Thane District Co-operative Housing Federation Ltd. under the control of the District Deputy Registrar, Thane.
History of Navi Mumbai Co-operative Housing Federation Ltd.
With a view to decongest the ever-growing Megacity Mumbai and to accommodate the growing population, trade and industry, the Government of Maharashtra, as per the envisaged Master Plan for creating the city of Navi Mumbai, acquired about 18,854 hectares of land from two adjacent Talukas of the Districts Thane and Raigad. City and Industrial Development Corporation of Maharashtra Limited (CIDCO) was appointed as the Development Authority under the provisions of MRTP Act for the planned development of this New City. CIDCO divided the acquired land into Nodes and Sectors and initially took up the development of those parts of the land falling in Thane District. To begin with, the Township of Vashi was developed and subsequently other Nodes from Airoli to CBD-Belapur. To ensure proper administration of the developed Nodes in Thane District, the Government of Maharashtra constituted Navi Mumbai Municipal Corporation (NMMC) on 1st January, 1992.
In consonance with the said master plan and also to ensure planned development of the housing sector and its administration, the post of Joint Registrar, Co-operative Societies, CIDCO was created whose exclusive jurisdiction covers the geographical area of Navi Mumbai whose office is functioning in co-ordination with CIDCO.
Navi Mumbai Action Committee (NMAC) is one of the oldest NGOs, if not the oldest one in Navi Mumbai. It is a non-political, secular, social registered Trust. Its strength is spontaneous and enjoys unreserved support and prestige from the citizens of Navi Mumbai.
Early in Nineties few social minded and dedicated citizens of the then New Bombay could not accept imposition of astronomical high property tax for the properties by the newly constituted Civic Body, Navi Mumbai Municipal Corporation, which resulted in formation and registration of NGO, Navi Mumbai Action Committee (NMAC) under the able leadership of Shri A K Bhattacharyya, who crystallizes the public bond. It is one of the oldest NGO’s in Navi Mumbai striving hard to protect the lawful interests of the citizens of this City, the City of New Millennium, and actually achieved considerable relief to the citizens of this urban agglomeration on every front, be it the case of issues with NMMC, CIDCO or State Government. All the achievements in protecting lawful rights and interests of the citizens resulted not only due to untiring committed efforts of the Action Committee, unreserved spontaneous support and contribution of the citizens and the media at local and national level but also through blessings of the judiciaries at large. The beauty of this mass movement was to maintain equidistance from political intervention as much as without utilization of common easy tools like Procession, Traffic Jam, Gherao or Public Unrest but only through positive interaction at all levels right up to Mantralaya and the course of legal battle before the Hon’ble High Court.
Founder Members of Navi Mumbai Action Committee
- Mr. A.K. Bhattacharyya
- Mr. T.V. Jacob
- Mr. K.S.S. Narayanan
- Mr. Bhajan Singh
- Mr. K. Somakumar
- Mr. B.R. Shejale
- Mr. H.M. Sakhardande
- Mr. D. Shivaji
- Mr. S.K. Khanna
- Mr. S. Nair
- Mr. P. Indravallabhan
- Mr. P. Javalkar
- Mr. P.S. Kshetramade
- Mr. P.N. Padmanabhan
- Mr. R.V. Raut
- Mr. Raghuviran
- Mr. Mani N.A.S.
- Mr. Arvind Naik
- Mr. D. Narsaih
- Mr. D.C. Wani
- Mr. G.S. Mullick
- Mr. S.T. Chodankar
Some of the notable and remarkable achievements of Navi Mumbai which attracted attention of the then Joint Registrar of Co-operative Societies (CIDCO) to approach the Action Committee, are noted here under :
- Property Tax – Originally NMMC claimed astronomical high taxes from citizens under the jurisdiction of NMMC and was forced to reduce the taxes by 83% of its original claim and thereby achieving a saving of about Rs.100 crores per annum to the citizens. Position of gradual reduction as per announcement of NMMC is mentioned below :
- Self occupation rebates – 25%to 50% considering age of construction
- Depreciation – 1.35% per annum
- 15% rebate for conversion of carpet area from built up area
1996 Additional rebate – 35% 1997 Additional rebate – 15%
- Non-Agricultural (NA) Tax 1998 – NMAC could achieve a reduction of 85% of the original claim and contested CIDCO’S authority to collect NA Taxes on behalf of the Government and could obtain a stay from Hon’ble Bombay High Court. The Court finally rejected CIDCO’s authority to claim NA Tax.
- Water Charges – 1999 – CIDCO succumbed to the pressure of NMMC and illegally hiked the water charges by 100% to 300% before handing over administration to NMMC. Navi Mumbai Action Committee through the Consumer Forum could bring substantial relief to the citizens.
- Toll Tax – 1999 – NMAC could obtain a stay from Bombay High Court for about 14 months and finally could obtain reduction of rates by 25% for 4 wheelers and get exemption for 2 & 3 wheelers. This attracted a one-time saving of (Rs. 14x30x4) =168 Crores for the citizens of Navi Mumbai,
- 2013 – Demolition of illegal encroachments – Arranged to make Central Park at Ghansoli free from illegal hutments of about 200 with the Order of Bombay High Court,
- 2015 – CIDCO’s approval to regularize constructions on bungalow / row-house plots beyond ground plus two which was pending for a long time.
- 2016 – Introduction of bus service from 1st March to connect Nerul and Belapur Bus depots enroute Parsik Hill, which was completely disconnected from the rest of Navi Mumbai due to its inherent topographical
- 2016 – Estimate for creation of a public garden at Plot No. 97, Sector 26, CBD Belapur already arranged which was expected to be completed within that calendar year.
“This Federation is the youngest but the strongest” was the opinion of Mr. D S Borwankar, the then Chairman, The Thane District Co-operative Housing Federation, who happened to be the senior most Stalwart in the District of Thane in the field of Co-operative Movement, expressed in one of the meetings of the Board of Directors of this Federation.Considering the unique problems of the co-operative housing societies in Navi Mumbai, being a rapidly developing new township and much different from the old cities like Bombay or Thane, the need for a separate independent registering authority was felt and the post of Joint Registrar for Co-operative Societies (CIDCO) for superintendence over the co-operative societies within the jurisdiction of CIDCO Developed Nodes in Navi Mumbai was created.During the term of Shri S P Sangle, the Joint Registrar in the late Nineties, the need to form a separate Housing Federation for Navi Mumbai was envisaged. He was deeply impressed with Navi Mumbai Action Committee for selfless service, its achievements on different fronts and the spontaneous unreserved support of the citizens of Navi Mumbai it enjoyed and was convinced that it is the appropriate forum to deal with public related issues and bring relief to the citizens of Navi Mumbai.It was during the month of June 1998, Shri Sangle, the then Joint Registrar of Co-operative Societies (CIDCO) personally proposed to Shri A K Bhattacharyya, Chairman & Shri K Somakumar, Secretary of the said Action Committee to explore the possibility to form a Co-operative Housing Federation in the greater mutual interest of the Housing Cooperative Movement and the citizens in Navi Mumbai in the interest of the Housing Co-operative Movement and the citizens in the jurisdiction of CIDCO developed Nodes of Navi. Being committed to function selflessly for protection of lawful rights of the citizens, Navi Mumbai Action Committee eagerly accepted such invitation and complied with all the formalities for registration of the Federation. Consequent to his suggestion a General Meeting of the Co-operative Housing Societies was conducted on 16th August, 1998 in the premises of Father Agnel (English Medium) School, Sector 9(A), Vashi to consider the possibility to form a Co-operative Housing Societies Federation exclusively for Navi Mumbai. The Representatives of about 50 Co-operative Housing Societies actively participated and unanimously supported the proposal.Shri A K Bhattacharyya was unanimously elected as the Chief Promoter and was empowered to submit the proposal for registration of an independent Co-operative Housing Federation within the jurisdiction of the geographical area earmarked under the Government Plan for Navi Mumbai. .J K Chamber Premises Co-operative Society gave official permission to use their Society Office temporarily as registered office for the proposed Federation. Shri Bhattacharyya, the Chief Promoter, along with five original promoters processed the case for registration of the Federation in the name of “Navi Mumbai Co-operative Housing Societies Federation Ltd.”With appropriate guidance and active support of Shri Sangle, Navi Mumbai Co-operative Housing Societies Federation Ltd. was duly registered along with its Byelaws on 12th April, 1999.with Registration No. NBOM/CIDCO/GNL(O)/1609/JTR/1999-2000. The jurisdiction of the newly registered organization covered CIDCO developed Nodes in Navi Mumbai to co-ordinate with the Joint Registrar of Co-operative Societies (CIDCO) and for the orderly development of Housing Cooperative Movement in Navi Mumbai and to comply with the requirements of MCS Act. The Board of the Federation consisted of 15 Directors including the following Office Bearers :
- President – One
- Vice-Presidents — Two
- General Secretary — One
- Joint Secretaries — Three
- Treasurer — One
- Jt. Treasurer — One
In its initial stage, to utilize their knowledge and expertise, both the Chairmen of Bombay Federation and Thane Federation were included in the Board Of Directors of this Federation, as the Ex–officio Directors with due approval of the registering authority.
The first Board of Directors consisted of the following :
Shri. A K Bhattacharyya President
Shri. K Somakumar Vice- President
Shri. R N Govil General Secretary
Shri. M B Rao Treasurer
Shri. N Mahadevan Joint Secretary
Shri. B R Mhatre Joint Treasurer
Dr. L C Thadani Director
Shri. N C Varshany Director
Shri. K S S Narayanan Director
Shri. Ravi Shankar Director
Shri. N K Kapoor Director
Shri. P C Churi Ex-Officio Director (Bombay Federation)
Shri.D S Borwankar Ex-Officio Director (Thane Federation)
The Federation was operating from its registered office at J K Chamber Premises Co-operative Society. The effort of the Federation to procure an office accommodation from CIDCO at a concessional rate was not successful since such facility was extended only to a registered Trust. Hence, with due permission from the Government, this Federation purchased the present office premises at 303, Big Splash, Sector 17, Vashi, Navi Mumbai.
In Co-operative year 2006-2007, the Federation got some vital amendment to its Byelaws on the following issues
|1||Navi Mumbai Cooperative Housing Societies Federation Ltd||Navi Mumbai Cooperative Housing Federation Ltd|
|2||J K Chamber Premises Cooperative Society’s Office,
Sector -17 Vashi Navi Mumbai
|303, Big Splash,
Sector 17, Vashi, Navi Mumbai
|5||Added||Life-member means person joining in an application for registration of this Federation.
Associate Member means person specially approved by the Board in that respect.
|6||Quorum of Board Meeting – 10||Quorum of Board Meeting – 8|
The Federation has always been fortunate to receive unreserved encouragement and active support of all the Joint Registrars since its inception. Following are the Joint Registrars who substantially contributed to the planned development of Housing Co-operatives in Navi Mumbai in co-ordination with Navi Mumbai Co-operative Housing Federation Ltd :
- Shri. S P Sangle
- Shri. A Seveakar
- Dr. Subhash Mane
- Shri. B P Rathod
- Shri. Anil Chavan
- Shri. Sandip Deshmukh
- Shri. Subhash Patil
- Shri. Sharad Jare
- Shri. Rajendra Pawar
- Shri. Kedar Jadhav
The activities and contribution of the Federation have been widely acknowledged at various levels including the State and even at the National level.
Federation has played a substantial role in the review and approval of Model Byelaws 2001, 2009, 2011 and 2014 and the recent amendments to certain provisions in Byelaws 2014. Federation was also actively involved in the review and finalization of draft Bye-laws for Primary Co-operatives formulated by the National Housing Federation Ltd. Towards the same the General Secretary of the Federation has been admitted as member of the National Connect Forum and also as Special Invitee in its Advisory Committee.
It is pertinent to put on record that all the cooperative housing societies including such societies which were originally registered by DDR Thane, have come under the jurisdiction of the Joint Registrar, Co-operative Societies (CIDCO). Consequently they are required to be affiliated with the Navi Mumbai Cooperative Housing Federation Ltd., being the only coordinating body with the Joint Registrar, Co-operative Societies (CIDCO). In this connection letter No. DDR/Thane/B-1/housing complaint/Appl/6064 dated 22nd December, 2011 from the DDR (Thane) is an evidence which would speak for itself.
Since 1999, this Federation is functioning from its office at Room No.303, Big Splash, Sector 17, Vashi, (Ph :2789 7301) carrying out the statutory functions. It has been making available required stationery and documents as well as providing necessary guidance to the member societies to resolve their day to day problems and acting as a link between the Registrar and the Member Societies to address their issues. It is regularly conducting seminars, workshops and contact meetings at various Nodes to educate them about various provisions of the MCS Act, Rules, Bye-laws and the Government Orders passed from time to time.
To enhance able administration and proper up keeping of records, in 2003 the Federation implemented automation of most of its functioning including maintenance of inventory of stationery, details of membership, administration etc.
This Federation pursued with Government for providing the following changes :
- Separate law for Housing Co-operatives or at least a separate Chapter for Housing Co-operatives,
- Withdrawal of provision permitting sale of parking space,
- No compulsory provision for its members to obtain “No Objection Certificate” of the Society for transfer of their shares/ capital property of the society,
- Withdrawal of compulsory provision of CIDCO NOC for transfer of Shares in a CHS in CIDCO developed Nodes in Navi Mumbai,
- Withdrawal of compulsory provision of signing M-20 Bond by members of the Managing Committee.
Consequently the following developments took place :
- It is given to understand that Government is exploring the possibility to provide a separate Chapter in the MCS Act exclusively for housing co-operatives.
- Consequent to the Order dated 31st August, 2010 of the Hon’ble Bombay High Court and the subsequent confirmation of the Hon’ble Supreme Court that builders did not have any right to sell parking spaces as these do not come under FSI and are within the definition of common areas. Government made suitable amendment to the relevant Bye-law, deleting the controversial provision of Byelaw No. 78(a) and suitably amending Byelaw No. 78(b).
- Government of Maharashtra has exempted the Managing Committee Members of the Co-operative Housing Societies from signing Bond in Form M-20 for housing co-operatives.
The Department of Co-operation through its letter in 2009 directed the registering authorities and all the Housing Federations of the State to provide trained manpower to Housing Societies to ensure smooth and trouble-free administration of such bodies.
Unlike other Federations, consequent to the said circular issued in March 2009 to provide trained manpower for efficient and orderly functioning of Housing Societies under their jurisdiction, Navi Mumbai Co-operative Housing Federation Ltd. was the first such body in the whole State of Maharashtra to formulate and take up such Training Programme. Consequently our Federation has come out with a comprehensive training programme for Managers in co-operative housing societies for the first time in Maharashtra. It was originally a three-month certificate course co-organized jointly by this Federation with the Jt. Registrar, Co-operative Societies, CIDCO. With the process of improvement of the Course providing more importance to practical application to the Course, it is now extended to four – five months.
Contents of the Course consist of five modules, revision of each module followed by practical and unit test beside final competitive examination covering all the subjects related to the management of the co-operative housing society viz, Co-operative Societies Act, Rules & Byelaws, Management & Role of Managing Committee, Various related Acts, Legal & Administrative Procedures, Co-operative Societies Accounts, General Knowledge on Recovery Process, Finalization of Contract, Structural Audit, Solar Energy, Safety and Emergency Planning, etc
Faculty members include Senior Officers of Co-operative Department, Senior Advocates, Senior Chartered Accountants and highly experienced personalities in the field of Housing Co-operatives.
Certificates are issued to successful trainees jointly by the Jt. Registrar of Co-op. Societies (CIDCO) & Navi Mumbai Co-operative Housing Federation Ltd. Presently the Tenth Batch is completed.
Duration of Course: Four/five months on weekends (Saturdays : 6 to 8 pm & Sundays : 10 am to 2 pm) consisting of Lectures and Practicals spread over five Modules, totally of about sixty hours.
Limitation of Seats: Thirty five (35) each for Vashi and Belapur Centers. Preference is given to candidates, recommended by Cooperative Housing Societies.
Eligibility: At least H.S.C. XII pass or equivalent, (ii) Age limit: 18 years and above.
Successful trainees of earlier batches are gainfully employed as Managers CHS.
Federation intends to start its Eleventh Batch by August 2018 in co-ordination with the Joint Registrar, Cooperative Societies ( CIDCO ). Federation also maintains a Panel of Trained Managers for the benefit of Member Societies.
Citizens of Navi Mumbai may refresh their memory of CIDCO’s claim to collect NA Tax in past which was strongly agitated by Navi Mumbai Action Committee, the parent body of this Federation along with other like minded organizations. Thousands of flat owners in Navi Mumbai have been spared the burden of having to pay a tax levy. The Bombay High Court struck down a 16-year-old directive of the State Government that asked development agency CIDCO to recover non-agriculture tax from residents of housing complexes with retrospective effect from 1980s.
A Division Bench of Justice Abhay Oka and Justice Anil Menon said, “The direction issued under the Government Resolution by the State to CIDCO to recover land revenue/ revenue assessment from the persons to whom the lands have been allotted by the Cidco has no legal basis and hence is completely illegal.”
It has been brought to our notice that Tahsildars .of Raigad and even Thane have now come with the claim of NA Tax from the citizens of Navi Mumbai along our member societies. This Federation has formed its independent strong studied opinion that the citizens of Navi Mumbai especially our Member Societies should have no legal liability to pay NA Tax on the following ground.
You may be aware that the State Govt. has acquired privately held land as well as Government land and handed over to CIDCO, which was constituted under the Companies Act with 100% stake of the State Government alone, to develop new town as per approved project of Navi Mumbai and subsequently the State Govt. designated CIDCO under Sub-section (3A) of Section 113 of the Maharashtra Regional Town Planning Act, 1966 as the New Town Development Authority for Navi Mumbai. CIDCO had never been authorized to acquire any land but only authorized to allot the land acquired by and on behalf of the Government along with their own construction of building with apartments under lease for specific period. Hence allottees of plots in Navi Mumbai are Government lessees. It does not need much intelligence to conclude that such allotment made by CIDCO to the developers or individuals has always been for non- agricultural use. As such no citizen, on its own, has converted the allotted plot for non-agricultural use. Hence the question of paying NA Tax does not arise for the citizens of Navi Mumbai.
None the less the Hon’ble Supreme Court of India was pleased to examine applicability of recovery of N. A. tax in Civil Appeal No 10187 of 2010 Tata Motors Ltd. decided on 4-7-2011 wherein it made observation in paragraph 6 of the Order that Govt. Lessee is not liable to N A Tax but to pay lease rent.
In our case CIDCO has leased he land as an Agent of the State Govt. for and on behalf of the State Govt. and original status of such land continues to be Govt. land and as such Lessees are nothing but Govt. Lessees covered under Section 39 of the Maharashtra Land Revenue Code 1966. Over and above, the citizens of Navi Mumbai, including our Member Societies, are paying lease rent.
In view of the above position of the Law, the Lessees of the land in Navi Mumbai, who are also paying lease rent, are Govt. lessees and in the light of observation by the Hon’ble Supreme Court, they are not liable to pay any N. A. Tax. In view of this, no N. A. Tax can be recovered from the Lessees of the lands in Navi Mumbai.
This Federation from its initial stage has been ensuring presence of some of its Directors, especially its Chairman and Secretary not only to guide but to function as friend and philosopher on all working days between 10-30 am and 2 pm to attend representatives of our member societies to avail of such service without any appointment and absolutely without any fee..
More over this Federation has been conducting more and more free interactive sessions at the door steps of member societies for their benefit even at short notice against compliance of the following three expectations:
- To take prior appointment from the Federation as per their date and time.
- To arrange picking up our team of faculty members from our office and drop them back.
- To ensure presence of about 50 participants, be it from their own society or collectively from their neighboring societies.
Federation has made a humble beginning of free circulation to its member societies the half-yearly News Letter, both in English and Marathi, in the name of Gruh Sandash. We are committed to improve the same qualitatively and quantitatively based on the feed-back received from member societies.
For the benefit of Member Societies of Nodes in Raigad District , the Federation has opened an outlet at Shop No 1, Siddhi Vinayak Tower Cooperative Housing Society, Plot No 82, Sector 19, Kamothe, Navi Mumbai for supply of stationery. Member Societies are requested to avail of this facility .Federation is also exploring the possibility to open similar outlet in and around Ghansoli or Airoli Node.
Opinion and suggestion of our Federation is given special consideration by the Commissioner for Cooperation and Registrar, Cooperative Societies, Pune. Opinion is sought from four Federations of which ours is one of them for taking final decision on the issue. Besides the same, our Federation has forwarded to the competent authority at Pune following proposals along with justification on some common problems of the societies for obtaining its sanction. The Federation has come across these issues during the course of daily interactions with visitors in our office for guidance.
|Sr No||Different provisions of law||Our opinion|
Combined reading of ”(i) Section 2(19)(b) of the M. C. S. Act 1960, (ii) Bye Law No 19 (a) & (b), (iii) deletion of the word “associate” under sub-section 8 of section 27 of the M. C. S. Act 1960, (iv) Form in Appendix 7 under Bye- Laws , (v) Bye Law No 3 (xxiv)(iii)(b) and Section 19(i) has given rise to lot of confusion and dispute of legal validity.
|i) Application for membership is a must even after contributing his/her signature for registration of the society.
ii) “Associate member ” by virtue of paying Rs. 100/- without any stake in the property and whose membership has not been cancelled, may be eligible for contesting election after complying with other formalities.
iii) Senior citizens above 65 and those having physical disability, may be permitted to have an Associate Member even without any stake in the property.
|2||Internal leakage- Byelaw No 159(b) “ the expenditure for the internal leakage due to toilet, sink etc. should be borne by concerned flat holders,”||Concerned flat holders means only upper flat holders or flat from where leakage originates and not jointly by both the upper and lower flat holders.|
|3.||Appointment of Administrator/Authorized officer is considered as a penalty imposed on the ordinary members for no fault of them but to share the load of expenditure for such Administrator/Authorized officer.||Managing Committee may be given chance for rectification of administrative fault but may not replace not financial mismanagement. MC may be only replaced by the committee of three or more members from the society itself so that innocent members don’t suffer.|
|4.||Society records do not have any scope to identify group of General/ SC/ST/ OBC/VJ/NT/SBC membership||i) Societies below membership of 50 may be allowed to
conduct their own election as it was earlier.
ii) “I” Register may be amended to indicate the group to
which a member belongs.
|5.||Co-option of vacancy of office bearers in the Managing Committee||Managing Committee is allowed to co-opt to fill in such vacancy temporarily from amongst the elected member with an intimation to the registering authority for further action.|
|6.||How to issue 10 shares in place of 5 shares for individual members and 20 shares for Commercial organizations||Additional shares may be issued to the individual members inscribing in bold letters in red at the top of such additional certificates “It is in addition to the original Certificate No …… issued for the same flat”.|
|7.||Increase of Share Capital under Byelaw No 8||Society may be authorized to increase the sanctioned Share Capital by its general body with an intimation to the registering authority.|
|8.||Byelaw No.151 (a) states that the same statutory authority shall not be appointment for not more than 2 years. While Section 2(A) under Section 75 reads as, “the same auditor shall not be appointed for more than three consecutive years ……”||Society may be permitted to change its auditor after 3 years.|
|9.||According to Byelaw 121 the period of office of Managing Committee to be counted from the date of its assuming office while Section 73AAA(3) calculates the same from the date of election.||Society may be permitted to consider the tenure of Managing Committee from the date of its assuming office,|
|10.||Water supply to the defaulter||i) Society shall arrange for a tap on the ground floor to avail water supply by defaulters .
ii) Not to provide water supply at the premises of the defaulters.
|11||Appendix – 14 Nomination –Such Nomination does not have any connection with ownership. But nominees more than one creates problems both for the society and the nominees to consider only one of them as a member||I) Delete Colum 5 reading as, ”share of each Nominee ( percentage)”
ii) Name only one nominee to be made
III) Associate Member shall only, enjoy the right to nominee against his/her shares.
|12.||“Quorum for the meeting will be simple majority of the existing Committee members” mentioned under the table under byelaw No.114 – gives rise to different interpretations by different individuals to their own advantage.||The wording may be replaced as, “Quorum for the meeting will be simple majority of the number of elected Committee members”|
|13||Byelaw No 49(F)-regarding expulsion of a non-active member.||Senior citizens and non-active members under medical treatment for serious ailment may be exempted.|