PROCEEDINGS OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES

IN KARNATAKA, BANGALORE-32

Guidelines for identifying genuine members:

Ref: 1) Government. Order No. CMW. 91. CHS. 92, dated 07-10-1998
  1. Government. Order No. CMW. 91 CHS. 92, Bangalore, dated 27-10-1992

1) The genuine membership should be considered after these Co-operative Societies adopt the model by laws proposed by the Government in Order No. CMW. 91. CHS. 92, dated 14-08-1992.

2) An affidavit should be obtained from every member declaring his domicile and that he/she does not possess any site or appartment/flat /house in the ares of operationa of the Society and the City of Municipal limits in which the society s situated, if not already obtained.

Consequent to the above, the following action will have to be taken by the various

Authorities as under:--

  1. The Registrar of Co-operative Societies to apply these guidelines to each and every House Building

Society and arrive at the genuiness of the Housing Societies.

2) The Registrar of Co-operative Societies should suitably recommend the proposals of each Society individually to the Government in Co-operation Department.

3) The Societies shall prepare the layout plan and get it approved by BDA in the capacity of Town planning Authority. Accordingly layout to be brought up.

4) The Registrar of Co-operative Societies should apply the guideline for identification of Genuine members and recommend the proposals to the Government in Co-operation Department.

5) The Government in Co-operation Department after due examination suitably instruct the Registrar with respect to distribution sites to individual members: and

6) Only after that, the society shall hand over the sites to individual genuine members as per the directions of the Registrar.

The identification of genuine HBCS and genuine members would require some time and in the meantime it is apprehend that before completion of these formalities the societies may, if not prevented, get the allotment of lands made in their favour and also allot them to members who may be later found to be ineligible. In order to achieve the purposes of these guidelines given by the Government it is felt necessary an desirable in public interest to issue the following orders to prevent the ineligible House Building Co-operative Societies from acquisition of lands and also to prevent the House Building Co-operative Societies from distributing sites to ineligible members. Hence the following order.

No. RSR/222/XMA/92-93 Dated 31st October 1992.

O R D E R

For the reasons stated in the preamble and being satisfied that it is necessary in public interest and in the interest of the members of the House Building Co-operative Societies, to issue directions for preventing the affairs of the House building Co-operative Societies from being conducted in a manner determental to the interest of the members there off. I, B.C. Thaosen, I.A.S., Registrar of Co-operative Societies in Karnataka, Bangalore under the powers under Section 30-B of Karnataka Co-operative Societies Act, 1959, vested in me under Government. Order No. RDC 211 CLM. 84 dated 24/10/1984, do here by direct the Housing Building Co-operative Societies shall acquire, allot or distribute land & sites only after the guidelines issued by Government indicated in the preamble are Complied wit at each stages enunciated herein force with immediate effect.

B.C. Thaosen

Registrar of Co-operative Societies

Bangalore.

 

OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES

KARNATAKA STATE : BANGALORE

No: HSG 47 HHS 93 – 94 Dated: 16-09-1993

DIRECTION NO. 8

Sub : Regarding issue of directions under Section 30 – B of Co-operative Societies Act, 1959 regarding

publication of the list of the sites allocated and seniority list of depositors for sites in respect of

members of the House Building Co-operative Societies in the State.

PREFACE

Many complaints have been received from members of House Building Co-operative Societies, that the prescribed list of seniority of their members, seniority list of Depositors for site, and the list allotting the sites have not been published. On account of this an impression of disappointment has been created in the minds of the members and has also created mistrust among them and many complaints have been received from members by the Government and the Registrar. It is the right of the members to know the policy and the mode of release of sites by the House Building Co-operative Societies. On account of the policy and mode not being informed, difference of opinion among the Managing Committee and the members has been created and has given rise to frustration. Therefore, in the interest of the general public and to provide for proper management by the House Building Co-operative Societies in such a way as to not jeopardise the interest of members and the depositors for sites, it has been found necessary to issue directions under Section 30 – B of Co-operative Societies Act, 1959. Hence the following directions are issued:

O R D E R

For the reasons stated in the preamble, all the House Building Co-operative Societies in the State are instructed to notify the seniority list of their members and seniority list of depositors for sites in the notice board of their Societies. Also the Progress in the matter of acquisition of land for allotment of sites to the members and the information regarding other developments has to be published once in three months. The above a information has to be published within thirty days from the date of this order and thereafter also from time to time. After the said notification is issued the same has to be sent to the registrar, within seven days.

This order is issued in exercise of the powers conferred on me under Section 30 – B of Co-operative Societies Act, 1959.

Sd/-

Registrar of Co-operative Societies

Karnataka State, Bangalore

To :

Secretary, …………………………………

House Building Co-operative Society Ltd …………………. (City).

Copy of this is sent to the following for information and further action:

  1. Joint Registrars of Co-operative Societies of all Divisions
  2. 2) All the Deputy Registrars of Co-operative Societies for serving on the House Building Co-operative Societies in their District – Sufficient copies of the order are sent herewith, with a request to serve the order on all the Societies in their District. A copy of the acknowledgement issued by such Societies may also be sent to this office.

  3. All the Asst . Registrars of Co-operative Societies for information and further action.

"Translated Copy"

 

Office of the Registrar of Co-operative Societies in Karnataka State

No. 1, Ali Askar Road

Bangalore – 560 052.

No. HSG : HHS : 92-93 Dated : 04-10-1993

DIRECTIONS NO. 9

Sub : Regarding adoption of New Model Bye-laws the House Building Co-operative Societies in the state.

Ref : 1) Order No. HSG 150 HHS 87-88, dated 30-09-1990 of 1990-91 of the Registrar of Co-operative

Societies under section 30-B of the Co-operative Societies Act.

2) Government Order No. CMW / 81/CHS/92, dated 14 -08-1992

3) Letter of the Office No. SSG/90/HHS/92-93, dated : 19-08-1992

4) Order of the Registrar No. RSR/222?XMA/92-93, dated : 31-10-1992

5) Government Order No. CMW/91 and CHS/92, dated 23-09-1993 and 29-09-1993.

P R E A M B L E

According to reference (1) cited above, the House Building Co-operative Societies working within the jurisdiction of the Corporation of the city of Bangalore and Bangalore Development Authority, an order under Section 30 – B of the Co-operative Societies Act were directed not to allot any sites to their members until further orders. To solve the shortage of housing sites in Bangalore and other important cites in the State all officers of the department were directed vide the letter referred to at (3) above to ensure that all House Building Co-operative Societies adopt the model bye-laws issued under Reference (2) cited above by the Government. Vide reference (4) cited above, all the House Building Co-operative Societies were directed to adopt these model bye-laws.

But certain deficiencies were found in these bye-laws and having realised that if the House Building Co-operative Societies were to adopt these bye-laws, they will have to confront certain difficulties and having considered the representations received from different House Building Co-operative Societies and according to the suggestions made to the Government with regard to the amendment of the existing bye-laws wherever necessary from this office, Government Vide reference (5) cited above having approved the new model bye-laws has directed all the House Building Co-operative Societies in the state to adopt these bye-laws. Arrangements have been made to ensure that these model bye-laws are available for sale in Karnataka Co-operative Federation, Race Course Road , Bangalore and at all the offices of District Co-operative unions.

Considering the above developments and in the interest of the public for purposes of providing proper management by the House Building Co-operative Societies, it is found necessary to direct all the House Building Co-operative Societies in the state to adopt the model bye – laws which have been approved by Government according to reference NO. (5) cited above.

Accordingly the following order is issued.

O R D E R

In view of the reasons stated in the preamble, and also according to Government Notification No. RDC/211/CLM/84, dated 24-10-1984 and in exercise of the powers vested in me under Section 30-B of Karnataka Co-operative Societies Act, I, Shanthanu Consel, Registrar of Karnataka State Co-operative Societies hereby direct all the House Building Co-operative Societies in the State to adopt the model bye-laws approved by Government according to reference (5) cited above within 40 (forty) days from the date of this order by all the karnataka State House Building Co-operative Societies and where the bye-laws of any House Building Co-operative Society is not in accordance with these model bye – laws, such societies shall amend their bye-laws according to these model bye-laws.

This is issued under my signature and the seal of this office on 04-10-1993.

Sd/-

(Shanthanu Consel )

Registrar of Co-operative Societies,

Karnataka State, Bangalore.

……………………………………………………………………………..

To :

The Secretary …………………………..

House Building Co-operative Society Ltd ………………………. (City)

 

Copy of this has been sent to the following for further action :

  1. The Joint Registrars of Co-operative Societies of all the Divisions.
  2. All the Deputy Registrars of Co-operative Societies for serving the copies on the House Building Co-operative Societies in their respective Districts and while requesting you to sent the acknowledgement there of to this office. Sufficient copies have been enclosed.
  3. All the Asst. Registrars of Co-operative Societies for information and further action.

"Translated Copy"

Office of The Registrar of Co-operative Societies in Karnataka

No. 1, Ali Askar Road

Bangalore – 560 052.

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N0. HSG : 258 : HS : 93-94 Dated : 22-02-1994

DIRECTION NO. 12

Sub : Regarding issuing directions under Section No. 30-B of karnataka Co-operative Societies Act, 1959 that he 32 House Building Co-operative Societies in Bangalore City should not allot sites to their members until the eligible members are identified by the Registrar of Co-operative Societies.

 

Ref : 1) Directions No. HSG/105/HHS/87-88, dated 30-03-1990 issued by the Registrar of Co-operative

Societies Act, 1959.

2) Direction No. RSR/222/XMA/92-93, dated 31-10-1992 issued by the Registrar of Co-operative

Societies under Section 30-B of Karnataka Co-operative Societies Act, 1959;

3) Direction No. HSG/47/HHS/93-94, dated 16-09-1993 issued by the Registrar of Co-operative

Societies under Section 30 – B of Karnataka Co-operative Societies Act, 1959 regarding

Publication of the prescribed seniority list of members of the House Building Co-operative

Societies in the State: list of depositors for sites and the list of members identified for allotment

Of sites.

4) Government Order No. CMW/91CHS/92, dated 23-09-1993.

5) Government Order No. HUD/29/MSG/93 (P), Bangalore, dated 25-09-1993.

6) Direction No. 9. HSG/253/HHS/92-93 dated 04-10-1993, issued by the Registrar of

Co-operative Societies regarding adoption of new model bye-laws issued by the Government

For the adoption by the House Building Co-operative Societies in the State.

  1. The first meeting of 32 House Building Co-operative Societies held on 05-10-1993 in the
  2. Office of the Registrar of Co-operative Societies.

  3. This office letter No. HSG/54/HSS/93-94, dated 18-10-1993 informing the 32 House

Building Co-operative Societies to furnish necessary information to the Inspecting Officer

For identifying the eligible members.

9) The second meeting of 32 House Building Co-operative Societies held on 07-01-1994 in the

office of the Registrar of Co-operative Societies.

**************************************************

P R E A M B L E

According to reference (1) cited above, the House Building Co-operative Societies functioning in the jurisdiction of Bangalore City and the Bangalore Development Authority were earlier directed to stop allotment of sites to its members and should not allot them until further orders are issued. And in reference (2) cited above, directions have been issued to all the House Building Co-operative Societies in the state that unless they follow the guidelines issued in this direction should not allot any sites to any of their members.

As the House Building Co-operative Societies had not published the seniority list of their members there is an impression of frustration created in the minds of the members. Further there is an impression of disappointment created both among the members and the members of the Managing Committee and number of complaints have been received by the Government and the Registrar of Co-operative Societies. As it is the right of the members to know the policy and the mode followed by the House Building Co-operative Societies, all the House Building Co-operative Societies, in the state were directed to notify on their notice boards the seniority list of their members and the seniority list of depositors for sites and the progress that has been taken place in the acquisition of land for allotment of sites to the members and such other developments within 30 days from the date of issue of this notification. According to directions issued by the Government to the Registrar of Co-operative Societies as per reference (4) and (5) cited above, all the House Building Co-operative Societies in the state were directed to adopt the new model bye-laws and instructions had been issued under Section 30 – B of karnataka Co-operative Societies Act., to adopt the new model bye-laws approved by the Government within 40 days of th edirections as per reference (6) cited above.

According to the proceedings as per reference (7) mentioned above, a meeting of the representatives of 32 House Building Co-operative Societies which are operating in Bangalore City and to whom land has been acquired at present by the Government , was convened for completing the work according to the time table for 35 weeks stipulated by the Government. The co-operation of the institutions as requested and the guidelines that are to be followed was also discussed. As resolved in the said discussion, a letter was addressed according to reference cited at (8) above, to all the 32 House Building Co-operative Societies to furnish information to this office for identifying the eligible members. According to reference (9) the Registrar invited the representatives of these 32 House Building Co-operative Societies for another round of talks. It was made clear in the meeting, after discussing the delay in publishing the seniority list, delay in adopting the model bye-laws and not furnishing the information to the Inspecting Officer necessary for identifying the eligible members and such delaying policy of the Societies have been responsible for completing the examination work in 35 weeks stipulate by the Government and that there is no administrative delay from this office. The representatives of the said Societies have assured that they would furnish the said information without any delay to the Inspecting Officers so as to facilitate them to identify the eligible members.

At this juncture of the time and as the matter stood so, it has come to the notice of the Registrar that out of the 32 House Building Co-operative Societies, the Managing Committee members of some House Building Co-operative Societies have violated all the Rules and Regulations and the restrictions before identifying the eligible members; without approval of the lay-out plan by Bangalore Development Authority. Even before the lay-outs are approved by BDA certain societies have allotted sites and has got them registered. When this attitude is noticed, these 32 House Building Co-operative Societies have rendered the Government Order for identifying the eligible members futile. The possibility of ineligible members who were waiting since many years may be denied the sites. Therefore, in order to prevent the ineligible members getting sites and with abroad view of protecting the interests of the eligible members and to make it clear that the Societies should not allot sites and get them registered, it is found very necessary to issue directions under Section 30 (B) of the karnataka Co-operative Societies Act, 1959.

Hence the following directions are issued.

O R D E R

 

For the reasons explained in the preamble, I, Shanthanu Consel, Registrar of Co-operative Societies in Karnataka State in exercise of the powers conferred on me under Section 30-B of the Karnataka Co-operative Societies Act, 1959 and as per Government Notification No. RDC/211/CLM/84, dated 24-10-1984 hereby order that until eligible members are identified & certified in the 32 House Building Co-operative Societies in Bangalore annexured to this order and until Bangalore Development Authority releases the sites, no House Building Co-operative Societies shall allot sites to any of the members.

This is issued under my hand and seal of this office on 22-02-1994.

 

Sd/-

(SHANTHANU CONSEL)

Registrar of Co-operative Societies

Karnataka State

……………………………………………………….

 

 

 

 

 

 

To :

The Secretary,

House Building Co-operative Society Ltd, Bangalore.

Copy to :

    1. The Deputy Registrar of Co-operative Societies, Bangalore District I & II, while sending
    2. Sufficient number of copies of this direction, it is requested that it served personally today alone on the 32 House Building Co-operative Societies mentioned in the list coming within your jurisdiction and send the acknowledgements to the Additional Registrar (Industry and Miscel laneous ) personally.

    3. Copy to the joint Registrar of Co-operative Societies, Bangalore Division, Bangalore - for information – He is instructed to ensure that the Deputy Registrars serve this direction of all the Co-operative Societies.

"Translated Copy "