Formation of co-operative housing service society

Unless it is provided in the bye-laws, you can not get any concession or exemption for the payment of maintenance charges even if the flat is un-occupied or vacant. But if your flat is lying vacant, you have to write to the society about such vacancy who in turns must inform the Municipal Corporation to claim vacancy benefit.

To claim vacancy benefit, the assesse has to inform in prescribed form within stipulated time before the assessment of such property. There is no provision under the Municipal Act to claim refund of the Tax paid for which no intimation was given to the Municipality or Municipal Corporation. You can not get any refund either fully or partly or for any period prior to the year 2003. If you give an intimation to claim vacancy benefit, you must give now the notice, when the Inspector from Municipal Corporation will visit and submit the report. In such event you may get the benefit only for the period October, 2003 to March 2004.

@ramachary64 Sir, Thanks for your valuable reply. These are not flats but open plots/land. They are in 46 in numbers. This plots are vacant and today only 15 owners have constructed there house on it while rest are vacant. The society was form in 1996 and at that time only two houses were under construction. Request you to put some light on point no 1 & 2 also.

Answers to your questions will depend on the State in which you are.

This question pertain to Gujarat State

It appears that yours is a co-operative premises society and not a co-operative housing society. In every State a minimum number of members is stipulated to form a co-operative society. Gujarat Co-operative Societies Act and Rules also would have specified this number. If your Society has been registered they would have satisfied this requirement. The Act may be available on the website. Please check.

If your society is registered they would also be having the bye-laws approved by the Registrar. Every member has a right to get a copy of the bye-laws from the society on payment.. You may get a copy. If your Society does not give, you can make an application to the Registrar with the Registration No. of your Society.

It is not possible give a blank statement that a society cannot levy any charges on vacant land. The bye-laws will say what levies the society can collect. Please see the bye-laws. If some members have constructed buildings and others have left their plots vacant the latter cannot be exempted from payments.

Also when a society applies for registration as a co-operative society the application for registration should give particulars of the area and the boundaries of the area under its jurisdiction. Internal roads will be required for access to the individual plots owned by members whether they have constructed houses there or not. This also applies to utilities such as water, electricity and drainage. The society will have expenditure in constructing and maintaining these services. Members who have not yet constructed their houses cannot be exempted from paying for these expenditures.