| Particular | Applicable to Co-op. Society | Applicable to NTC |
| Authority | Co-op. Society is both State & Central Act. There is a separate set up under the Co-operative Department |
Non Trading Corporation is a state level Act, which is monitored by Registrar, NTC, delegated to Sales Tax Department |
| Concept of Benefit | Co-operative Society is on the principal of co-operation and can also take commercial or profit earning Activities | NTC impart Non Trading activities for the benefit of its member, without carrying commercial or profit making activities |
| Status | Co-operative Society is assessed as a Co-operative Society under Income Tax. There are separate provisions and rate of assessment for the Societies | Under Income Tax NTC is considered as AOP, taxed at maximum marginal rate if there is a surplus or the surplus is allocated to the member and in the hands of the member such surplus is taxable |
| Audit Monitoring | Registrar is the Authority for all purpose. C.A. as well as certified auditors and the department of Co-operative Society are authorized for audit; detailed audit structure is adopted and monitored by the registrar. | In the state of Gujarat NTC is required to get its accounts audited. The Chartered Accountants are authorized to carry the Audit. There is no Audit monitoring system by the Registrar for NTC. |
| Distribution of Surplus | Society can distribute its surplus by way of Dividend | NTC can not distribute the surplus, since it is for non profit making activities |
| Membership | Membership is by way of share, which can be regular member as well as nominal member |
Membership is by way of allotment of shares and are transferable as per the articles of association |
| Basic Documents for Registration | By-laws is basic document & model is prescribed under the rules of the Co-op. Soc. for different class of Society | Memorandum of Association and Articles of the Association, which provide for all administrative and working rules for the management. |
Gujarat Cooperative Societies 
NTC can collect maintenance from members ?
Yes. Amount of maintenance can be decided as per MOA and AOA by committee.
Hello sir
Is it mandatory to obtain NOC From NTC Residential current committee to built Pre school
Building ?
Below court judgement answers your query.
Janta Nagar Co Operative Housing … vs State Of Gujarat on 20 September, 2019
Sir..Truly apricate your time and information, however my society is NTC (Non Trading Corporation ) and NTC closed in 2005. such society not converted in to service or Co-operative society. my question is after repeal of NTC in 2005 does society have any rights to oppose on pre school building construction.
one more request is where can find NTC gaget after repeal the law in 2005 which shows that what kind of rights left with NTC association.
i would again apricate for your time
1. While NTC Act was repealed in 2005, existing NTC has bounded by Sec 7 of Bombay General Clause Act 1904
2. NTC operates based on its MOA and AOA and resolution passed in its AGM. Answer to your question will be in one of these documents.
3. Irrespective of the formation, above judgment will hold for any formation whether Cooperative or NTC.
4. Last any property which is declared for residential purpose while passing plan, any changes done for it usage would require approval the relevant regulatory body.
Which documents required home LOAN ntc society ?
Other than regular property and land related documents, below documents for NTC like registration Certificate, MOA and AOA will be required.
Our Building has 20 units. Bank account is opened in the name of Members association. do we need to register our Members Association with any government agency and what government rules applies to our association. can our association charge maintenance and transfer fees as per rules signed by all 20 members or there are government rules to be followed ?
Please find revert to below query.
1. Whether it is built after 2017 or before 2017 (After RERA is implemented). Incase it falls under RERA, then either the Service Society or Section 8 company can only be formed.
2. In case it is just an Association of People (AOP), you will need to take a pan card, no other registration will be required with any other agency.
3. Other formalities required at your end will be getting a yearly Fire NOC and every 5 year Lift License renewal on AOP name.
4. There are no specific norms for AOP. AOP operates based on MOA and AOA / AOP Deed. So if MOA and AOA / AOP deed allows it, they can charge a tenancy and transfer fee.
5. Check if you have a legal gutter connection.
6. Last but not the least, check land ownership details.
Sir, is it mandatory to obtain share certificate from seller, if I buy property registered under Bombay NTC Act 1959? As NTC act is repealed in 2005, the seller is telling that it is not mandatory now to own a share certficate.
Share certificate of service soceity should not be used for creating charge
Hello Sanjay ji,
Your article is brilliant, need more light on the below issue from you.
Can family member of a flat other than person who owns the flat, i.e flat is registered in the name of Wife, can husband go on the board of the society and can he hold the post of president?
If yes, which section support it or any judgement to this effect and if not than, can we pass a resolution to enable this by amending the MOA and AOA of the NTC and since act is repealed do we need to file this amended MOA and AOA to any authority?
Thanks in Advance!!
1. Only the owner of the flat (name in Index Copy) can become a member of society. Only members can become committee members and from committee members, a president is chosen. Thus the answer to your question is no, husband cannot hold a position for a flat in the name of wife.
2. Amending MOA and AOA is also not possible
3. As the act is repealed, there is government department / authority for NTC
4. There was also an advisory from the Government in 2016 to convert NTC to Service Societies. Will be sharing it in a separate article in a few days.
Is GST applicable on membership fee of NTC and if NTC collect amount as Welfare Fund then GST require?
Under NTC society without society dastavej is legal or not?please reply
sir I am living in a common plot. In this plot one is my house and other side NTC flat. they have not by laws also they are not updating me while using of common place. what should I do?
File case in Civil Court against NTC. No other option
sir my society is ntc registered and i live on ground floor which has open space on all sides on the entrance of my house there is a gate which means the open space is in my premises
i am the fourth owner before me every owner used it as personal space and the space is also included in dastavej but the society is not giving noc and asking us to give written note that the space is common and we wont use it and wont stop anybody to use it and torturing us to give it in written
I would advice you to approach lawyer doing revenue work and get clarity if the same belongs to you or common area.
Sir, My society was registered under NTC in the year 2007. Recentrly I purchased 2nd flat at the same premises. Society is asking for 100000 as a transfer fees (50000 as transfer and balance 50000 as a developement fees). Are they collect the same ?
NTC act is repealed in the year 2005
1. New society could not have been registered in 2007
2. Existing NTC may have been used for your society or It can unregistered AOP
3. As the Act is repealed, it is governed by existing MOA and AOA of society and AGM resolution. Please check the provision of the same in this document. If it is there, then they can take it, otherwise they cannot take it.
4. Legal course of action if any can be taken up in Civil Court.
Can NTC transfer share certificate on death of member to legal heir?
One has to refer to MOA and AOA for the process of transfer in case of death.
We are a co-operative housing service society. It has both residences and shops. So if there is a separate association of shops in it, can it be done?
If yes where does it come in the law and what document to see?
1. Incase joint development of residential and commercial property :
A. At the time of formation single service society can only be formed (as per land ownership)
B. Post formation, there is provision for division of society under sec 17 of the Gujarat Cooperative Society Act. In case there are shared resources, mutually agreed amounts can be paid post division as per utilization.
C. Members can also form a separate Association of Perion (AOP) for smooth functioning instead of taking step B. Incase there shared resources, mutually agreed amount can be paid by AOP based on utilization
If yes, where does it come in the law and what document to see?
Revert: Incase of division as per Point B, it comes under cooperative society. If AOP is formed, there is no registration and any dispute to be handled in Civil Court.
I purchased resale house that belongs to NTC society. I am third owner and seller gave me share certificate which is small size and not space to write name of me.chairman ingnore to give new share certificate.plz help me
Suggest me
I PURCHASED 150 SQUARE FEET SHOP IN NTC SOCIETY ON YEAR 2013.NOW NTC SOCIETY WANT TRANSFER FEES WITH 18% COMPOUNDING INTEREST FROM 2013TO TILL 2024.ALSO THEY DEMANDING MAINTANANCE WITH 18% COMPOUNDING INTEREST.
ALSO THEY DEMANDING ME FOR FRESS AFFIDAVITE FOR NEW ISSUE SHARE CERTIFICATE INSTED OF OLD SHARE CERTIFICATE.
PLEASE SUGGESATION ME
I AM SECOND PARTY OF THE PROPERTY
I PURCHASED 150 SQUARE FEET SHOP IN NTC SOCIETY ON YEAR 2013.NOW NTC SOCIETY WANT TRANSFER FEES WITH 18% COMPOUNDING INTEREST FROM 2013TO TILL 2024.ALSO THEY DEMANDING MAINTANANCE WITH 18% COMPOUNDING INTEREST.
ALSO THEY DEMANDING ME FOR FRESS AFFIDAVITE FOR NEW ISSUE SHARE CERTIFICATE INSTED OF OLD SHARE CERTIFICATE.
PLEASE SUGGESATION ME
1. If the MOA and AOA is allowing NTC to take transfer fees. They can take transfer and if not paid, then delay interest on the same
2. Delay interest can be decided by NTC based on resolution passed in AGM / SGM
3. Normally an Affidavit is asked when a share certificate is lost. Please check if that is the reason.
HOW MANY MAXIMUM INTEREST CAN TAKE NTC SOCIETY?
NTC SOCIETY CAN TAKE COMPOUNDING INTEREST?
Society / NTC can charge interest based on approval from AGM / SGM. It can be Simple interest or Compound interest. Our advise to societies is to keep it reasonable and near FD interest rates of banks.
I have bought a property in NTC, a 20 year old society.
We did renovations
We did minor internal changes in the house.
After completion, society association is asking me to break the additional changes, is this allowed?
Can the society association file a case against us in court of law?
Kindly advise…..
Our society is under NTC owners Association, secretary incurred expenses without consulting of Treasurer and increase AMC without AGM. Is it correct? Or if not, to whom government organisation lodged complaint
As the act is replead in 2005, there is no government organisation where complain can be done. Two option call for AGM / SGM and take up the matter or file case in Civil Court
NTC registered Societies Committee tenure according to TERM wise or Financial year Wise?
1. NTC Act was replead in 2005 and thus there is no act governing the same.
2. Existing NTC are governed by their MOA, AOA and Resolutions pass in AGM and SGM. Above documents will hold answer to your query
અમદાવાદ માં ntc હેઠળ નોંધાયેલ બિલ્ડીંગ માં ભોંય તળિયે આવેલ કોમર્શિયલ દુકાન મેં શેર હોલ્ડર પાસેથી ખરીદી કરી દસ્તાવેજ બનાવેલ છે.પરંતુ હવે સોસાયટી નામ ટ્રાન્સફર કરવા આનાકાની કરી રહ્યા છે. પાણી અને ટ્રાફિક ના કારણો બતાવી રહ્યા છે. ટ્રાન્સફર માટે અરજી આપ્યે 20 દિવસ થયા છે. બેન્ક દ્વારા મને આ દુકાન પર લોન પણ મળેલ છે. હવે આ અંગે શું કરી શકાય.. કેમકે અમદાવાદ મહાનગર પાલિકા માં મિલકત નામે ચઢાવવા માટે શેર સર્ટિ. તેમજ ઠરાવ માંગે છે.. આ અંગે હવે શું થઈ શકે. યોગ્ય માર્ગદર્શન આપવા વિનંતી. હજુ સુધી દુકાન માં કોઈ કામ નો પ્રારંભ થઇ શક્યો નથી..
As NTC act is repealed, if issue is not resolved between member, only option is filling case in Civil Court
sir…My flat registered under NTC owner association but all members are spontaneously become chairman/ secretary and behave rudely and demand for maintenance 0f my flat which is closed since last 20 years. for that closed period water connection, sewage connection and light connection are disconnected but members are force to paid maintenance for 20 years period …please Guide me its true to paid such a maintenance for that period i am not owner ?
Every member is liable for paying maintenance of the flat whether the flat was closed or not.
Before acquiring any property, the new owner should take no due certificate from society to avoid outstanding dues of old owner
can a member of NTC add his/her son as associate member? How the name of such associate member be included in share certificate of NTC?
NTC Act is repealed. So please check MOA and AOA of society and proceed accordingly.
If recent amendment 2025 related to ceiling of transfer fee of co op housing society applies to NTC society?If it overrules society AGM resolution?
Current amendments are applicable to cooperative societies registered under Cooperative Society Act.