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Showing contexts for: common open plot in Sukhsagar Co-Operative Housing ... vs State Of Maharashtra And Ors. on 22 June, 2004Matching Fragments
11. In deciding this matter, it would, at the outset, be necessary to advert to the relevant provisions of the Maharashtra Co-operative Societies Act, 1960. Section 2(16) of the Act defines the expression "housing society" to mean a society, the object of which is to provide its members with open plots for housing, dwelling houses or flats; or if the open plots, the dwelling houses or flats are already acquired, to provide its members common amenities and services. Thus the definition in Section 2(16) comprehends two situations : one where the object of the society is to provide its members with open plots, dwelling houses or flats but these are yet to be realised; and the second where the premises have already been acquired. The first part of the definition brings within the fold of the expression, a society whose object is to provide its members with residential accommodation of the nature specified therein. The society is formed with the object of providing its members dwelling units, an object which will be pursued by the society. By Section 4 of the Act, a society, which has its objects the promotion of the economic interests or general welfare of its members or of the public, in accordance with co-operative principles or a society established with the object of facilitating the operation of any such society, may be registered under the Act. The proviso to Section 4 lays down that no society shall be registered if it is likely to be economically unsound, or the registration of which may have an adverse effect on development of the co-operative movement, or the registration of which may be contrary to the policy, directives which the State Government may issue. Under Section 6, a society to be registered has to consist of at least ten persons or such higher number of persons as the Registrar may determine from time to time. Each of such persons must be qualified to be a member under the Act and must reside in the area of operation of the society. Under Section 9, the Registrar is under a duty to register the society within two months of the receipt of the application if he is satisfied that the proposed society has complied with the provisions of the Act or rules or any other law for the time being in force, or with the policy directives issued by the State Government under Section 4 and that the proposed bye-laws are not contrary to the Act or to the rules. By Sub-section (3), the Registrar is required to communicate his decision where he refuses to register the proposed society together with reasons to the person making the application.