In the article we are sharing the major amendment in Gujarart Cooperative Society Act 1961 related to Housing Societies and Housing Service Societies.
It shall come into force on such date as the State Government may, by notification in the Official Gazette
Definition added for Cooperative Housing Society, Services Society and Flat
2.7B “co-operative housing society” means —
- a society, the object of which is to provide its members with open plots for housing, dwelling houses or flats and to provide its members common amenities and services;
- a society, the object of which is to allot the plots to its members to construct the dwelling unit or flats thereon or to allot the dwelling units already constructed and where land is held either on lease hold or free hold basis by the society and houses are owned or to be owned by the members;
- a society, the object of which is to allot the flats already constructed or to be onstructed to its members and where both land and building or buildings are held either on freehold or lease-hold basis by the society;
- “co-operative housing service society” means a society formed by the owners of flats in a building for the purpose of maintenance of the building and provision of common amenities and services;
Sec 2.10A: Flat
“flat” means block, chamber, dwelling unit, apartment, office, showroom, shop, godown, premises, suit, tenement, unit or by any other name, means a separate and self-contained part of any immovable property, including one or more rooms or enclosed spaces, located on one or more floors or any part thereof, in building or on a plot of land, used or intended to be used for any residential or commercial use such as residence, office, shop, showroom or godown or for carrying on any business, occupation, profession or trade, or for any other type of use ancillary to the purpose specified;”
Minimun Number to Register Housing Societies Reduced to 8 from 10
Sec 6.1
No society other than a federals society shall be registered under this Act unless it consist of atleast ten person (Eash bening a member of different familty) and in case of co-operative housing society or cooperative housing service society at least eight persons (each of such persons being a member of different family)”
Sec 8.2.aa
In case of co-operative housing society or co-operative housing service society, at least eight persons (each of such persons being a member of different family) who are qualified under this Act,
Transfer fee for Co-operative Housing Society and Co-operative Housing Service Society
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 “
New section 159A will empowers the State Government to prescribe by rules, the transfer fees for Co-operative Housing Societies or Co-operative Housing Service Societies.
Transfer Fee As per Current Circulars
This part is not part of amendment but sharing for reference of readers.
- Service Society: Rs 0: Circular
- Housing Society: Rs 500 to 50,000: Circular. Will be sharing a separate article on Transfer fee for Housing Society in few days.
Gujarat Cooperative Societies 
Is there any limit of charging penal interest rate on late payment by the housing society in Gujarat Cooperative Society ACT/RULES or any general rules are applicable for cap of maximum penal interest rate??
Iti s not specified in Act nor Byelaws. Our advice to society is to charge reasonable rates
What is reasonable rate? Is there any criteria to be followed by the society?
A commercial and co-op hzg society limited in Gujarat having only 11 members, can it run on its own rules ignoring rules and audit requirements of law of Gujarat co-op hzg society Act 1961? PL comment
No. It has to run as per Act and byelaws
transfer fee applicable in gift deed as new bill amendment
Rules are yet to be published.
Is the managing committee authorised to waive off interest on maintenance charges of a member or offer a discount. Please advise
How many maximum committee members can be kept in co. Op. Housing service society?
There are two conditions to it.
– As per act maximum committee member in a cooperative society cannot be more than 21
– But exact number of committee members for a society is mentioned in byelaws or amendment there off.
So please check you society’s byelaws
Who elect President, Secretory & Treasure ? Is it AGM ?
Does President has right to elect committee members ? or is it in AGM?
Does President has right to overrule decision taken in AGM ???
1. Committee members are elected through an election process conducted by election officer
2. Committee members decide on the position of Chairman, Secretary and other positions.
3. Chairman is bound by Cooperative Society Act, Byelaws, Registrar Circular and decision taken in AGM
Thanks you very much sir.
One more doubt,
Who will be eligible to become committee member ? We have very old co-operative society (50 yrs old) One of the new member who become member just 6 months back and want to be come President and he want to rule the society per his way.
Need to know By-laws that if members needs to be at least 1 or 3 years old to become committee members and then to get elected as President or secretory ? so as he/she become well verse on how to run society following by-laws.
Does Gujarat CS act has any such provision regarding recovery of dues from members? If yes, request reference details, please.
Byelaws already have provision where members services can be stopped on non payment of dues
What can be the maximum non occupancy charge in Ahmedabad.
If charge more than 10% of total maintenance then what we can do.
There is no such limitation in Gujarat Cooperative Society Act or Byelaws
Any administrative rules formed by the committee have to be approved by AGM / SGM. If it is approved the same can be implemented. There is nothing in the Cooperative Society Act against it.
Any administrative rules formed by committee has to be approved by AGM / SGM. If it approved same can be implement. There is nothing in Cooperative Society Act against it.
Can the managing committee of coop hsg service society, waive off interest charges, levied on delayed payments
How the transfer of share to legal heir governed in case of death of a member in Co-op Housing Society? What to do if society does no agree to transfer shares?
Refer below article for transfer incase of death
Share Transfer on Death of Member Without Nomination
Even after following above process, if transfer is not done, a case can be filed Board of Nominee Court or complain can be raised in registrar office.