The Maharashtra Co-operative
Societies (MCS) Act, 1960(MCS Act 1960 in short), governs the Co-operative Housing
Societies. This Act came into effect on
09/05/1961 to ensure that the Co-operative Housing Societies within the
Maharashtra State is in accordance with the directive principles of the State
policy under the constitution of India.
Amendment of this is an ongoing process, as and when required, in line
with the changing scenario in the Co-operative Housing Sector and hence MCS Act
1960 has been amended from time to time.
The latest amendments which took place in 2013 namely MCS (Amendment)
Act, 2013.
In order to conduct and regulate
the business of Societies and also to carry out the purposes of the MCS Act,
1960, the Maharashtra Co-operative Societies Rules, 1961 was also introduced on
23rd December, 1961. Amendment
to The MCS Rules, 1961 is also subject to the changing scenario in the
Co-operative Housing Sector.
Also, in order to resolve issues
with require urgent remedial measures the State Government may also bring out
GR, the rules of which needs to be followed by any Co-operative Housing Societies
in Maharashtra State.
Last but not the least is the
Bye-laws, as the MCS Act, 1960 and MCS Rules, 1961 being an elaborated laws and
wherein the terms used were more or less technical nature and not easily
understood by the people and also keeping in view that that issues faced by the
Societies are evolving and changing as years goes by, there was a need to have
a shorter version of the Act so that this can be referred by those running the
Co-operative Housing Societies and which can be changed by a Housing Society,
to suit their purpose, the Bye-laws were introduced. As the Co-operative Housing Societies were
not in a position to frame the wordings of the Bye-laws, the State of
Maharashtra took onus of responsibility and framed a common Bye-laws for the
Co-operative Housing Societies in Maharashtra State and these Bye-laws are also
subject to amendment as per the changing scenario in the Housing Sector. The Bye-laws amendment have taken place in
1984, 2001, 2009, 2011, 2013 and 2014 being the latest and further expected to
be amended in the year 2018 since new issues and to cope up with the dynamism
of the socio-economic situations and the need of the Society.
Society can also frame their own
Bye-laws keeping in mind that such Bye-laws rules and regulations should be
framed within the framework of the existing and current MCS Act, 1960 and MCS
Rules, 1961 and also the following the procedure for making their own Bye-laws.
Thus, the importance of knowledge
of the MCS Act, 1960, MCS Rules, 1961 and the Bye-laws are very important and
the Managing Committee of the Housing Society should make themselves aware of
these Acts, Rules & Bye-laws.
