As per Sec 37 of The Gujarat Co-operative Societies Rules-1965, every Housing / Service / Commercial society has to maintain registers and documents in society records.
These documents can mainly broken down to
- Member Related Documents: Depending on Documents
- Financial Documents: Daybook forever and rest documents for 5 – 7 Years
- Registrar Audit Related Documents: To be maintained forever
- Minutes books, Registration Documents, Byelaws etc. To be maintained forever
| Sr. No | Particulars | Period |
| 1 | A Register of Members (Including Person nominated) under Section 39 | Forever |
| 2 | A Register of Shares (Where capital is raised by Shares) | Forever |
| 3 | A Personal Share Account Register (Where capital is raised by Shares) | Forever |
| 4 | A Share Transfer Register (Where capital is raised by Shares) | 10 Years |
| 5 | A Register of declaration made under Section 49 (Lien Register) * | – |
| 6 | Cash Account | 7 Years |
| 7 | Day Book / General Ledger | Forever |
| 8 | Member’s Loan Register (If applicable) | – |
| 9 | Deposit Account (If applicable) | – |
| 10 | Expense Account | 7 Years |
| 11 | Bank Account | 7 Years |
| 12 | Receipt Register | 7 Years |
| 13 | Minute Book, recording the proceeding of General Meetings | Forever |
| 14 | Minute Book, recording the proceeding of the Committee Meetings | Forever |
| 15 | Act and Rule, Byelaws, Registration Certificate | Forever |
| 16 | Share Register Counter Foils | 15 Years |
| 17 | Election Related Documents | As per Election Rules |
| 18 | Letter Communcation | 5 Years |
| 19 | Member Share Application Related Documents | Forever |
| 20 | Staff Salary Register | 5 Years |
| 21 | Audit Memo | Forever |
| 22 | Inspection Memo | Forever |
| Such other accounts and books as may from time to time be specified by the Registrar. |
* Section 49 of Gujarat Cooperative Society Act refers to charge on immovable property of members borrowing from certain societies. Sec 49 is not applicable to housing / service / commercial society. Many banks ask for creating charge on shares against Housing / Mortgage loan, thus it is advisable to keep a Lien Register.
Gujarat Cooperative Societies 
Sir,
I have a self owned flat in a co-operative housing service society in Ahmedabad..
The current chairman without asking or discussing with committee members & non committee members , taking 5000-10,000 as his annual fee to maintain the registers & all..
Sir, is it legal in a co-operative housing service society to charge any fee by any chairman or committee members by providing his service towards the society maintenance?
No committee member can charge society for any activity conducted by them.
Sir,
Is there any separate blog of yours’ defining differences between a co-operative housing society & co-operative housing “Service” societies ??? kindly share that would help a lot Sir..
Main difference between Housing Society and Service Society is ownership of land. Incase of Housing Society, ownership of land on which building are standing is of society, whereas Service Society has no ownership. Service society are formed only for maintaining the society.
sir can you please explain according to the law how a co-operative commercial service society has no ownership?
As per current structure in Gujarat, at the time of purchase of flat or office, purchaser becomes the owner of the office / flat and joint owner of the land. This is mentioned in the sale deed. The Service Society is formed with the sole purpose of maintaining the common amenities.
Based on these objectives, the Registrar has given a circular asking such societies to be registered as service societies.
Registrar Circular on Service Society
So as per the main difference that you just cited, on the line of the same “No Transfer” is liable for any member to pay to the committee, right? since we have a formation as a “SERVICE” housing society..
In a service society in gujarat can a tenented flat be asked to pay 30% extra maintainence charges .
It there any govt rule for it .
गुजरात में एक सेवा समाज में एक किराएदार फ्लैट को 30% अतिरिक्त रखरखाव शुल्क का भुगतान करने के लिए कहा जा सकता है।
इसके लिए कोई सरकार का नियम है
Deciding maintenance is with the preview of Committee and nothing in cooperative society act prevent society from charging differential maintenance
it means any higher rate of penal interest can be charged by the MC of the service society
Dear Sir, Our Society is service society registered under Gujarat Co-operative Societies Act 1961. I have a query regarding membership. Recently a flat has been purchased by a power of attorney holder in our society. As power of attorney is revocable, I would like to clarify “Can power of attorney holder be a member of society and share certificate can be transferred to his/her name or principal can only be the member of society?”.
Power of Attorney holder cannot be member of housing service society. Society will have to issue share certificate in the name of the owner.
Hi sir,
I am a government servant. Can I be a committee member in a cooperative housing “service” society?
Eligible criteria of members to become committee members are given in byelaw clause 35 and 36. There is no clause in Gujarat Cooperative Society Act preventing a government servant from being a committee member. For further details on criteria, please refer to the article below.
Disqualification / Removal of Committee Member/s
Ours is cooperative housing society registered under Gujarat Cooperative Societies Act 1961. We have taken the handover from builder. From the papers, it appears that audit has not been conducted since last 4 years. When we asked to complete it, builder said that people from district registrar will approach us and that time we can complete it. So my question is that is it a standard practice or builder is lying. Thanks
As per Gujarat Cooperative Society Act, the auditor from the panel of the Registrar office has to audit every year. But it has been observed that auditors visit once in a few years and complete audits for the pending period.
I own a flat in an Appartment and is coop service society is formed. Terrace rights had been reserved by land owner for creating any temporary or permanent structure in terrace. However terrace is accessible to all flat holders for water supply maitainence, fixing dish antenna, any function for society or for individual. My question is- can the terrace rights will be transfer to society? Can land owner rent that space for like mobile tower erection or hoarding ?
હું રજિસ્ટર્ડ વિસેન્ઝા મેરીગોલ્ડ કો-ઓપરેટિવ હાઉસિંગ સર્વિસ સોસાયટીનો સભ્ય છું. અમારી સોસાયટીના 85 એકમો છે. બિલ્ડરે આજીવન મેન્ટેનન્સ ચાર્જ રૂ. 50000 એકત્ર કર્યા છે એટલે કુલ રૂ. 4250000/- તેણે માલિકો પાસેથી એકત્ર કર્યા છે. તેમાંથી માત્ર રૂ.3625000/- તેમણે માલિકોના સંગઠનને સોંપ્યા છે જે હાઉસિંગ સર્વિસ સોસાયટી લિ. તરીકે નોંધાયેલ છે. પાછળથી અમને ખબર પડી કેટલાક સભ્યોના ચેક તેના ખાતામાં અપૂરતી બેલેન્સને કારણે પરત ફર્યા અથવા રિજેક્ટ થયા છે અને તેઓએ પછી બિલ્ડરને ચૂકવણી પણ કરી નથી. એટલે કે 72 માલિકોએ રૂ. 50000/- આજીવન મેન્ટેનન્સ ચાર્જ .આપી છે. 72 માલિકોમાંથી 6 સભ્યોએ પૈસા ચૂકવ્યા છે પરંતુ તેમના નામ બેંકમાં તેમજ સોસાયટીના ખાતામાં દર્શાવવામાં આવ્યા નથી આ બાબત અમને પાંચ વર્ષ પછી જાણવા મળી. જ્યારે કમિટીના સભ્યો બદલાયા. હવે તે સભ્યો ચૂકવણી કરતા નથી અને તેઓ સમિતિના સભ્યો છે. તેમજ બંગલાના પુન:વેચાણ દરમિયાન, તેઓ નવા આવનારાઓ પાસેથી રૂ. 30000/- માંગે છે અને 28 નવા આવનારાઓ પાસેથી વસૂલ કાર્ય છે તો લાઈફ ટાઈમ મેઈન્ટેનન્સ ચાર્જ વસૂલવા માટે કયા સરકારી અધિનિયમ દ્વારા આપણે તેમની પાસેથી વસૂલ કરી શકીએ.. બીજી વાત એ છે કે જે માલિક નથી તેઓ સમિતિમાં છે. તો કયા નિયમો દ્વારા આપણે લડી શકીએ કૃપા કરીને મારા ઇમેઇલ સરનામાં પર જવાબ આપો.
It is possible to nominate any family member as a member of the committee who is not owner in housing service Society.
No. Only Owner can become members and only member can become committee member as per Gujarat Cooperative Society Act and byelaws
Respected Sir, THANKS A LOT.
આભાર સાહેબ, બીજી વાત એ છે કે અમારી હાઉસિંગ સર્વિસ સોસાયટીમાં 85 યુનિટ છે. 85 યુનિટમાંથી, માત્ર સિત્તેર એકમોએ લાઈફ ટાઈમ મેઈન્ટેનન્સ ચાર્જ તરીકે રૂ. 50000/- ચૂકવ્યા છે અને અન્ય તેર સભ્યો ચુકવતા નથી. આ ઉપરાંત દર મહિને રૂ.1000/- મેઇન્ટેનન્સ ચાર્જ ચૂકવીએ છીએ. તો પછી લાઈફ ટાઈમ ચાર્જનો અર્થ શું છે જેની અમે ચૂકવણી કરી છે. જેઓ લાઇફ ટાઇમ મેઇન્ટેનન્સ ચાર્જીસ આપતા નથી તેમના માટે કોઇપણ સરકારી નિયમો છે જેને લઈને પગલાં લઈ શકાય.
આદરણીય સાહેબ, જવાબ આપવા બદલ આભાર. હું એ જાણવા માંગુ છું કે 85 સભ્યોમાંથી 73 સભ્યોએ લાઇફ ટાઇમ મેઇન્ટેનન્સ ચાર્જ ચૂકવ્યો છે પરંતુ 13 સભ્યોએ ચૂકવણી કરી નથી. આ 13 સભ્યો કહે છે કે અમે બિલ્ડરને પૈસા ચૂકવ્યા છે. બિલ્ડર કહે છે કે કેટલાકના ચેક રિટર્ન થયા છે. મને જે લોકોના મળ્યાં તે બેંકના એકાઉન્ટમાં જમાં કર્યા છે જેની અમે પણ ખાતરી કરી લીધી છે. તો આ લોકોના પૈસા મેળવવા કોઈ રાજ્ય સરકારનો કાયદો છે. આ ઉપરાંત રિસેલમાં લીધેલા મકાન માલિકો પાસેથી, ગ્રોથફન્ડના નામે રૂ.30000 ઉઘરાવે છે. તો શું સર્વિસ સોસાયટી ઉઘરાવી શકે.
1. Sec 96 of Gujarat cooperative society is applicable for any dispute between member and society.
2. Service society cannot collect any amount from member during resale of the flat as per Registrar Notification of 2017 under any name.
can the society take transfer fee from us with the name “Welfare and Administration Charges ” levied for updating the new owner name in share certificate? If they cannot can you help me the circular stating the same pls, as I am facing this issue in my society .
Also please guide me with the steps I can take to report this requirement from the society and get the share certificate in my name.
Society cannot take any amount in any name for transfer. Submit application of transfer with Rs 5 Chq as entry fee and get a proof of acceptance. They have 90 days to approve or reject the same. Post which file a complain with Registrar or Board of Nominee Court
We are having a co-op housing service society and we issued shares to all members and also paying the transfer fees of Rs.40000 on every flat sale – is this leagal to take share transfer fees , Please reply soon
Karmvir Samrajya Co-op Housing Service Society
Service society cannot collect transfer fees as the Registrar circular issued in 2016.
Sir, can you please send me above mentioned registrar circular. Thanks
Regards
Hitesh Shah
Can you help me with the 2016 circular at the earliest if possible sir.
Sir,
I am a member of our Flat owners association. Now we want convert association it into cooperative society under cooperative society act. Builder has not still transferred land on which the flats are standing. My questions- ”
1. which should we registered as- service society OR housing society ?
2. Do we get right to stop sale/ transfer of flat without NOC from society ?
Thanks
Dhiraj Sakhia
mechntech54@gmail.com
1. For running date to date operations every association is ok. Any specific reason why you want to create Cooperative society
2. As landowners are not of society, you can only form service society
3. There is no such requirement of NOC in law. Most societies can give no due certificate.
Sir, i live in Gujarat Housing board Valsad. Can we rent flat here. As many persons have purchased more than one flat, and same is sanctioned by GHB also. Can you please clarify the same.
My flat is in Valsad Gujarat Housing Board, Now a days there is a great movement going on by the current president in our society to become a service housing society so sir please tell me what are the pros and cons of service society?
Since there are 18 Building;s (1842 flats) and no one is aware of the ongoing works, is it right to set up a service society at such a time?
1. Service Society is a society which is not the owner of land nor building. Mostly land is owned by members’ joints and flats are held individually.
2. Purpose of creating a service society is for maintenance for common assets of members and handling day to day operation
3. Whether to create a service society or not right now will depend on
A. Common resources shared by members
B. Whether gated community or not
C. Looking at the number of flats, it is advisable to create multiple service societies, instead of one.
Sir, I live in Gujarat Housing board Valsad, I want to know about [1] Advantages and Dis-advantages between Co-operative Hosing Society and Service Society. [2] According to rules which come first Election or AGM
I stay in housing Service cooperative Society.
Shortly Builder is going to handover the possession to Society. Builder had collected Rs 1.50 lakh towards maintenance deposit and Rs 1.50 lakh towards maintenance Charges from all Flat owners.
Whether Builder is bound to transfer the Maintenance deposit to Society account along with intrest?
Whether Builder is bound to give audited account of maintenance charges collected from flat owner?
If builder fail to do so then is there any remedy in law?
1. Answer will depend on how long is it from BU date that handover is happening. Let me assume here that builder was suppose to maintain for 2 year from Rs 1.5 lacs. Thus on completion of 2 year, the builder should handover deposit with interest and balance if any maintenance amount.
Professionally managed developers open society accounts and collect all amounts from members in society accounts and all expenses are done from society accounts. At the time of handover, society gets this account along with all the amounts.
2. Ideally, members should be able to audit the expense but some agree and some do not agree. Our advice is if they do not agree, take the handover and then get the book audited.
3. Remedy if developer do not agree: File a case in RERA
Our society is a service society, I would like to know.
1. Is it compulsory for all the society members to attend the society’s Regular Meeting?
2. Our society has stated that if you let your home on rent then you will be charged with double maintenance. It’s 40 k for normal and if the tenant then 80K which is too high.
3. They also passed a resolution that if you park your vehicle in front of your row house then you need to pay 12000/- additionally.
As per my question the maintenance and parking charges are very heavy, are they liable to take the above charges if we are not agreed with such a decision of the society?
Do they comply with us legally to pay such charges?
Revert On Query 1:. Byelaws – Clause 5.1 is given below. As per which member has to attend at least 2 general meeting out of 5
The person who does not provide the required information to or who shall provide incomplete information to the Society, has not attended any two out of 5 general meetings shall be liable to be removed as member by the District Registrar and, if he has entered on the basis of the false information, then also he shall be liable to be removed as member.
Revert On Query 2 and 3: There is no act prohibiting society to take such a decision. This decision can be reversed in AGM or SGM through majority if members are against it. Still if grievance is not resolved, you can file a case against society in the Board of Nominee Court.
Hi Sanjay,
One Query regarding Share Certificates, We stay in a Society at Vadodara Gujarat Registered under the Guj Co-op Society act 1961, The Documents required for the Issuance of Share Certificate includes Conveyance Deed/Sale Deed but since builder has not handed the Sale Deed of Each Flat to Society and individual Flat Owners are not ready to provide the sale deed copy by informing its a Document which can not be shared in open then how to issue share certificate. also if you can share the Act or Rules of Act under which it says that Conveyance/Sale deed has to be in record of Society for issuance of Share Certifcate
1. Assuming that yours is a service society
2. Incase of Gujarat, in most cases as per sale deed, members are joint owners of land. Thus separate conveyance deeds are not done.
3. If members are not ready to share the sale deed, ask them to share Index copy. Based on the same, you can proceed with issuance of share certificate
I live in a P Bunglows Co Op Housing Service Society Ltd. I maintain account of the society for (2019-2923) 4 years and account charges RS.54000/- (18000@3 years) is mentioned in Audited Balance sheet as on date 31.02.2022 which is signed by Chairman and Govt.Auditor. now chairman refuse to pay me my account charges of Rs.54000/-. More i have to take more 18000/- for the year 2022-23 of which balance sheet yet to make.
Kindly guide me what I can do to get my account charges? Where I have to complain ?
કોઓપરેટિવ હાઉસિંગ સર્વિસિંગ સોસાયટી મા મારો ફ્લેટ છે,એ હુ કોઈ પણ કાસ્ટ ને વેહસી શકુ કે સોસાયટી ના સૌભ્યો કહે તેજ કાસ્ટ ને વેહસી શકુ .
Except for Distrubed Area Act, member can sell flat to any one.
Sir, This above mentioned register for housing society are where ( any store location) we can obtain?
In Ahmedabad it is available at Maharanidas at below address
18, Sahajanand Trade Centre, Opposite Kothawala Flats, Pritamnagar Second Dhal Paldi, Ashram Rd, Paldi, Ahmedabad, Gujarat 380006
હું શાન્તિકુન્જ બ્લીસ હાઉસિંગ સવિઁસ સોસાયટી માં ફ્રલેટ ધારક છું મારે એક એલોટેડ પાકીઁગ છે પણ કાર બે છે બે માં થી કોઈ એક જ કાર પાકઁ કરું છું સોસાયટી દ્વારા સ્ટીમર આપવાની કામગીરી ચાલુ કરેલ છે તો એક જ ગાડી નું સ્ટીમર મલસે તેવું કહેછે બીજું સ્ટીમર નહી મલે આયઅવ્ જે ગાડી ને સ્ટીકર હસે તેજ ગાડી અંદર લાવવા દેવા માં આવસે પણ મારે ગમે તે એક ગાડી ઑઅંદર લાવવી હોય તો તકલીંફ થાય કોઈ કાયદેસર કરી શકાય
ના, તેમે કોઈ કાયદેસર કાર્યવાહી ના કરી શકો . વિનંતી થી એ શક્ય છે અથવા સોસાયટી ની જનરલ મિટિંગ માં ઠરાવ કરી જો વધારે જગ્યા હોય તો નક્કી કર્યા પ્રમાણેનું નું ભાડું ચૂકવી ને પાર્ક કરી શકો
Mine is a co-operative housing service society Ltd. What legal actions can be taken on flat owners who have defaulted on their maintenance in terms of service disconnection.
1. All services provided by society can be stopped (Byelaws Clause 55) like garbage pickup, broker entry, gym, swimming pool etc….
2. Legal Option: Action can be taken against member as per Co-operative society Act Section 47 and Section 96 of cooperative society act and section of byelaws (clause 20)
Sir, mine is the Service Housing Society in Ahmedabad for purchase of flat I am taking Bank loan my bank has asked for NOC on the following points:
1. the society has no objection in Mortgaging the flat by the new purchaser to the Bank for securing Bank loan
2. the society will note Bank’s lien on the said flat.
3. the society will not issue duplicate certificate without prior permission of the Bank.
Society is refusing to give such NOC. Please let me know how can we proceed further in the matter
From what is mentioned in the comment, the committee should not have any objection in issuing such a certificate mentioning below 3 points.
One has also note that this is a service society which is not an owner of land or flat, so practically banks do not require any NOC from society but old processes take time to change. In our experience we have seen many banks asking for certificates as per housing society for a service society.
From the committee side, it is ignorance which is stopping them from issuing such a certificate. You will have to explain the rationale and I am sure it will get sorted out. If required, you can make them speak to me.
Sir,
I am liviin co operative housing Service Society Limited at vadodara, i just want to know that as per law what are the documents and register are required?
And who is the responsible for maintain the books of accounts upto preparations of Financials a secretary or treasurer?
Also want to know the roles and responsibilities of both treasurer and secretary as per latest lawa with section.
Thanks in advance
1. i just want to know that as per law what are the documents and register are required?
Refer article: Types of Registers to be Maintained by Cooperative Society
2. And who is the responsible for maintain the books of accounts upto preparations of Financials a secretary or treasurer?
Refer Article: Duties and Responsibilities of the Secretary.
3. Also want to know the roles and responsibilities of both treasurer and secretary as per latest lawa with section.
Only roles of Chairman, Secretary and Committee defined in Byelaws. Day to Day operations are within the purview of the Secretary. Society committee can create other roles like Treasurer, Vice Chairman or other roles, but their roles have to be clearly defined by the committee and minitised.
I am a resident of Service society. I have following doubt.
1. In the recent AGM the existing working committee has resigned from their posts and If nobody is interested to replace them in the worst situation what would be the path ahead? Who will manage the society?
1. Incase nobody comes forwards, the society needs to be handed over to the Registrar, who would appoint a Caretaker. But this may take time.
2. Role of such Caretaker is to run basic operations and conduct elections for appointment of new committee.
It is advisable, members come forward to set up a new committee.
For how many years or period(s) the records of any co-op society are to be preserved
Sir can I have you contact details for legal opinion
Mobile: 9825560186, Email: sanjaymandavia@gmail.com
Dear Sir,
Our Society is registered as Cooperative housing service society. So what are the inital requirements as per act to comply with. And how managing committe is formed for how much year? what will the rotation of commitee members? what are the registers to prepare? No of members restriction in commitee?
1. Tenure of managing committee is 5 Years
2. Number of committee number will be mentioned in society byelaws. Refer clause 33 – 34 in byelaws. Same is decided at registration of society by developer.
3. Common Registers: Member Registers, Share Register, Transfer Registers, Personal Share Register and Nomination Register
4. Refer election rules Election Rules for Societies for committee formation
hello sir,
our society is going to register as co operative service society and now monthly maintenance exp is going to start 2000 rs…my property is on rent… society will charge 1.5 times maintenance exp for rental property I.e 3000…now my question is that in co operative society, the rule of non occupancy exp should not more than 10% of maintenance charges,is also applicable in service society or not?
10% clause is Maharastra Cooperative Society Act / Byelaws. There is no such provision in Gujarat Cooperative Societies Act
Any such maintenance rates has to be approved by Committee in AGM / SGM. It cannot be passed to committee meeting or circulars
Sanjaybhai, I really appreciate your efforts and blog content to spread awareness.
Dear Sir,
I need information on two aspects.
1..Is there any circular regarding collecting maintainance charges like it should be per flat? Or Per Square feet area of flat? As in our society due to large variation in size of flats many issues are going on..
2.. Is there any standard format for share certificate? We recieved without any stamp or embossed seal.. It was just singed? It is legally valid?
Regards.
Dr Chintan Solanki
1. It is not defined in Act or Byelaws. Current standard practise is to charge as per Sq Ft
2. There is no standard but it should have society name, certificate number, Share numbers (example 1 – 5), Shareholder name and address, Signature and Society Round Seal
Dear Sanjay Sir,
Our society is a co-operative housing service society Ltd. Many society member have not paid the monthly service charges since so many months now Our Society working committee members have started water service disconnection. They had informed to all member who have not paid the charges via whatsapp and also my notice issued to them. Is it legal to do water disconnection and also they have mention some charges for water re-connection also.
Our Society is also charging for transfer fee for name transfer in resell of flat, without transfer of name fee they are not changing the name in society register even after submission of Sale deed of new owner.
1. Any services provided by society, society can disconnect / stop member from using those services
2. Service Society cannot charge transfer fee. Refer Artice “Transfer Process in Service Society“
What about societies are charging extra ordinary penalty on late payment of maintenance charges i.e. Rs 100pm on 500/ maintenance charges. Is it legal?? It should be some fixed interest rate and there should be maximum limit of 21% penal interest like MCS Act.
Kindly advise on this issues faced by lot of members in Gujarat State.
sir in the case of co op housing service society can registar give any kind of approval or give permission to the service society by laws to collect the transfer fees.?
Registrar has issued circular to stop service society from accepting transfer free through circular issued in 2016. For further details please refer below article.
Transfer Process in Service Society
Government Gujarat has amended Gujarat Cooperative Societies Act 1961, added below clause. Still rules are yet to be published for the same.
Sec 159A “A Co-operative Housing Society or, as the case may be, a Co-operative Housing Service Society shall not collect transfer fee more than the transfer fee as may be prescribed “
Refer: Major changes in Gujarat Co-operative Societies (Amendment) Act 2024
SIR IS IT COMPULSORY TO KEEP ONE TIME DEPOSIT AMOUNT FD WITH CO-OPERATIVE BANK OR NATIONALISED BANK?
Please refer Article: Investment of Funds – Co-operative Society
Sir society bylaws says that only the house owner can be a part of society committee. In current scenario most of the houses are in the name of Female member because we save stamp duty. in this case can their husbands and sons are allowed to be a part of committee?
Only Member can become Committee Member. Thus answer to your question is no.