Maharashtra has digitalized its cooperative housing rental system far before we knew what power do the two words: rental system hold.
Except Maharashtra, every state in India has an informal and unorganized rental system with unregistered pop-ups in between.
All india Co-operative Housing Societies Welfare Association has been playing an active role in helping the victims via Mr. Jeby Patel & Mr. Vijay Patel.
Now, Tamil Nadu has stepped up since 2017 bringing rent authority officer in major districts;
and Uttar Pradesh has brought out the horns with the ordinance.
How to deal with Co-operative Housing Societies actions against tenants/landlords/paying guest accomodation:
Keeping any peaceful human being in your ownership flat amounts to sub-letting of your flat.
Byelaw Nos. 20, 43 and 63, governs subletting of the flat.
Bye-law No.20: A Sublette, licensee or care-taker is to be admitted as Nominal Member of the Society, by charging one time entrance fee Rs 100/-. Nominal member can attend Society’s General Body meetings in the absence of owner of the flat, which is sublet to such person.
Byelaw No. 43(a): To have a registered agreement with each sublette
Informing their details in a prescribed form to nearest police station, and
copy of such document be given to the Society.
Byelaw No. 43(b): No permission of the Society is required to sublet the flat/ shop, but should be informed to the Society within 8 days of subletting (as stated in 43(a) above).
Since nowhere in above two byelaws, restriction of keeping types of person is stated. By restricting tenants i.e. not allowing to keep bachelors as paying guests in landlord’s owned flat,
Society has violated the Bye-laws No. 63 (a)(iii), (b), (f) & (g).
In order to restrict its members in sub-letting their flats/shops:
- Society has to amend their Byelaws, under Byelaw No. 166.
- Then circulate the amended Byelaw to the members, giving them 14 days, and call a Special General Body Meeting thereafter, to pass the amended Bye-law, by 2/3rd majority in the meeting.
- Such amended Byelaw has to be sent to the Deputy Registrar, for his approval.
- Only when Deputy Registrar’s approval is received, such amended Bye-law becomes operational.
Such a byelaw is in violation of Fundamental Rights of the Constitution of India, so the Deputy Registrar will not approve the amendment of the Byelaw, restricting subletting the flats to bachelors or any single men or women or any type of caste based allotment to sublettees.
Under above provisions, if the Society objects for keeping bachelors in flat as paying guests or sub-lettees:
- Write a complaint to the Society, informing that such restriction is in violation of Byelaws Nos. 20, 43(b), 63 (a)(iii) and (g)
- Write a complaint to Deputy Registrar under Bye-law No. 63(g) and MCS Act, 22(2), if such restriction is continued.
Ensure that the society agrees to not create illegal byelaws in writing, do not accept verbal or digital communication.
Contact CM Helpline: 24×7 (Toll Free) No .: 18001208040
https://sahakarayukta.maharashtra.gov.in/SITE/Information/Complaints.aspx
Commissioner for Cooperation Registrar of Cooperative Societies
Tel.: 020 2612 2846