Major changes in Gujarat Co-operative Societies (Amendment) Act 2024

In the article we are sharing the major amendment in Gujarart Cooperative Society Act 1961 related to Housing Societies and Housing Service Societies.

It shall come into force on such date as the State Government may, by notification in the Official Gazette

Definition added for Cooperative Housing Society, Services Society and Flat

2.7B “co-operative housing society” means —

• a society, the object of which is to provide its members with open plots for housing, dwelling houses or flats and to provide its members common amenities and services;
• a society, the object of which is to allot the plots to its members to construct the dwelling unit or flats thereon or to allot the dwelling units already constructed and where land is held either on lease hold or free hold basis by the society and houses are owned or to be owned by the members;
• a society, the object of which is to allot the flats already constructed or to be onstructed to its members and where both land and building or buildings are held either on freehold or lease-hold basis by the society;
• “co-operative housing service society” means a society formed by the owners of flats in a building for the purpose of maintenance of the building and provision of common amenities and services;

Sec 2.10A: Flat

“flat” means block, chamber, dwelling unit, apartment, office, showroom, shop, godown, premises, suit, tenement, unit or by any other name, means a separate and self-contained part of any immovable property, including one or more rooms or enclosed spaces, located on one or more floors or any part thereof, in building or on a plot of land, used or intended to be used for any residential or commercial use such as residence, office, shop, showroom or godown or for carrying on any business, occupation, profession or trade, or for any other type of use ancillary to the purpose specified;”

Minimun Number to Register Housing Societies Reduced to 8 from 10

Sec 6.1

No society other than a federals society shall be registered under this Act unless it consist of atleast ten person (Eash bening a member of different familty) and in case of co-operative housing society or cooperative housing service society at least eight persons (each of such persons being a member of different family)”

Sec 8.2.aa

In case of co-operative housing society or co-operative housing service society, at least eight persons (each of such persons being a member of different family) who are qualified under this Act,

Transfer fee for Co-operative Housing Society and Co-operative Housing Service Society

Sec 159A

“A Co-operative Housing Society or, as the case may be, a Co-operative Housing Service Society shall not collect transfer fee more than the transfer fee as may be prescribed “

New section 159A will empowers the State Government to prescribe by rules, the transfer fees for Co-operative Housing Societies or Co-operative Housing Service Societies.

Transfer Fee As per Current Circulars

This part is not part of amendment but sharing for reference of readers.

• Service Society: Rs 0: Circular
• Housing Society: Rs 500 to 50,000: Circular. Will be sharing a separate article on Transfer fee for Housing Society in few days.

Reference

1. Gujarat Co-operative Societies (Amendment) Act 2024 – English
2. Gujarat Co-operative Societies (Amendment) Act 2024 – Gujarati
3. Transfer Process in Service Society
4. Registrar Circular dt 28-Apr-2016 on Transfer Fee
5. Registrar Circular on Transfer Fee for Housing Society: 1991