Laws inconsistent to any of the constitutional provisions keep playing mischief till the competent Court declares such law to be ultra-virus the Constitution of India in terms of requirements laid down for any law under Article 245(1) of the Constitution of India; QUOTE: Subject to the provisions of this Constitution, Parliament may make laws for the whole or any part of the territory of India, and the Legislature of a State may make laws for the whole or any part of the State. UNQUOTE Courts have power to declare a law unconstitutional if judicial review of a law so concludes. Article 32 and 226 confer this power to Supreme Court of India and High Courts of the States respectively, As an exception to the rule that law is good as long as not held ultra-vires, any provision of a State cooperative society law which is inconsistent to any provisions of “Part IXB: The Cooperative Societies” of the Constitution of India that stands superseded after 12 months of breathing time by the corresponding constitutional provision as declared vide Article 243ZT. The D day was to which almost every State gave a mindless miss.

Laws pertaining to AGM of housing societies, in Maharashtra. As well as penalties for members who fail to attend. Every housing society has to adopt bye-laws, for its management and administration. The government of Maharashtra has provided model bye-laws, which can be adopted with or without changes by societies. 2017 Maharashtra.

Cooperative appears to be the last priority in Indian politics that even after nearly two years a pioneering State Maharashtra is barely ready to fully align cooperative law to 97CAA. Pdf buku peraturan dan disciplines online. The last incumbent to C&RC office now occupies the office of the State Cooperative Election Commissioner (SCEC).

Before moving Madhukar Chaudhri, the SCEC gave approval to the latest Model Bye-Laws supposedly aligning to 1.the 97CAA “Part IXB: The Cooperative Societies” of the Constitution of India 2.the Maharashtra Cooperative Societies (Amendment) Act 2013, [ Amending Act in short] [Effective 15 2 2013] 3.the Maharashtra Co-operative Societies (1st Amendment) Rules, 2014 and [Amendment Rules 2014 in short] [Effective 30 8 2014] 4.the Maharashtra Co-operative Societies Election to Committee Rules, 2014. [Societies Election Rules 2014 in short] [Effective 11 9 2014] Mumbai District Cooperative Housing Federation Limited Fort Mumbai has started distribution of this Model Bye-Laws at Rupees 80 per set along with an optional (Priced Rupees 20 for 7 pages) CIRCULAR printed on its letter head. The CIRCULAR has an Appendix A, form of letter from the cooperative housing society to be sent by the Chairmen (of existing cooperative housing societies) affixing Rupees 25 stamp to the Registering Authority of the concerned Ward in Mumbai The Appendix is to accompany 5 enclosures I to V. This is an application to register amendment to Bye-Laws by replacing the registered Bye-laws being in force. The adoption is voluntary. For those Looking forward to a soft copy of Model 2014 there is a site ( Marked as 2014 on the cover page) Every new Model of the Bye-laws reflects renewed wisdom of C&RC and changes made to the Act after approval of the Previous Model.

It is advisable to align the registered Bye-Laws to the Act which needs undertaking a democratic process of amending the registered Bye-Laws. The Registrar has also been empowered to direct cooperative societies to amend Bye-laws to align to the State Law and 97CAA, since a contradictory Bye-law provision is inoperative any way. As per the basic philosophy of cooperatives at least ten independent family members come to gather and decide to form a cooperative society to meet their common needs. The Law lists out matters that a new cooperative society must incorporate in the bye laws and make sure that in the Bye-Laws nothing is provided which may result in to cooperative society or its members violating any law including the M C S Act 1960 and the M.C.S.