In Maharashtra, housing societies are governed by the Maharashtra Cooperative Societies Act, 1960, and the Maharashtra Cooperative Societies Rules, 1961. The Act and Rules provide a framework for the functioning of cooperative societies, including housing societies.
The procedure of changing the name of a housing society is laid down under Section 15 of the Maharashtra Cooperative Societies Act and Rule 14 of the Maharashtra Cooperative Societies Rules.
To gist out, the procedure to change the name of the housing society as per the bye-laws are as follows:
- Passing a resolution: The first step is to pass a resolution in a general body meeting of the society. The resolution should state the proposed new name of the society and the reasons for the change.
- Approval from the Registrar: The society should then submit an application to the Registrar of Cooperative Societies seeking approval for the change of name. The application should be accompanied by a copy of the resolution passed in the general body meeting, along with other relevant documents.
- Publication in the Government Gazette: Once the Registrar approves the change of name, the society should publish a notice in the Official Gazette of the Government of Maharashtra and in two local newspapers, one in the regional language and the other in English. The notice should state the old name of the society, the new name, and the date of the Registrar’s approval.
- Update records: The society should then update its records and documents, such as the registration certificate, memorandum of association, and bank accounts, to reflect the new name.
It is important to note that the procedure for changing the name of the society may vary depending on the specific provisions of the society’s by-laws and any applicable laws or regulations. It is advisable to consult a legal expert or seek guidance from the Registrar of Cooperative Societies for a detailed understanding of the procedure and requirements.
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