INTRODUCTION : In order to have better Management and better living it is said that implementation and enforcement of Fundamental Duties in the Co-operative Housing Societies is the need of the present time.

1. The directive principle of State Policy contemplates orderly development, with a view to provide orderly development of co-operative movement in the State of Maharashtra. In accordance with relevant principle of State Policy enunciated in the Constitution of India, the Government and the citizens were expected that they should discharge their duties towards building modern and prosperous India.

2. Similarly it was expected that in a Co-operative Housing Society, the members of Society would discharge and perform their duties. However, it is found that Co-operative Court are over burdened by unwarranted litigations. In order to create a confidence in better management and better living, it is necessary to follow the provisions of the Co-operative Societies Act and Rules thereunder and Bye-laws of the Society and request the Government to make the necessary changes wherever necessary.

3. The Constitutional Review Committee has recommended that first week of January should be celebrated as Fundamental Duties Week and 3rd January as Fundamental Duties Day.

4. The duties and the rights of the members and Societies mentioned in a Co-operative Societies Act, 1960 and rules thereunder, which required to be read with the provisions of Constitution of India.

5. Chapter III of the Co-operative Societies Act refers that the duties and rights are the two sides of the one point, if one discharges his duties is entitled for the better right. The members of the Co-operative Society are like spokes in the Dharma Chakra of National Flag.

6. They have to help each other and also to the society in times of happiness and difficulties, they are like members of the family. Where there is better management and business, there is a greater happiness and prosperity. The members must know how to reduce their maintenance charges by reducing expenses as universal security without sacrificing minimum services.

7. Some of the duties of the members of the Societies are as under :-

Duty to disclose the correct status regarding individual membership regarding the firm, partnership firm or Company and other particulars at the time of enrollment as a member.
Duty to pay the maintenance charges and other dues regularly (Section 26)
To keep the premises clean and not to cause any damage to the premises or inconveniene to the members.
Duty to not to do any act contrary to the provisions of Maharashtra Co-operative Societies Act, 1960, Rules there under and Bye-laws of the Society.
Duty to not to any act which is detrimental to the interest of the member or proper management of the Society (Section 35).
Duty to attend the meeting of the Society regularly and look over Co-operative movement as a moral and social and not as business.

8. Some of the duties of the Societies are as under :-

Duty to have the Society duly registered with a perpetual succession and common seal. (Section 34)
Duty to the Society shall have address registered according to the Rules (Section 37)
Duty to the Society shall give the inspection of the books free of cost (Section 32)
Duty to the Society shall audited accounts and hold meeting regularly of the management committee and General Body as required under the law.
Duty to the Society will not do any Act, which is contrary to the provisions of Maharashtra Co-operative Societies Act, Municipal Corporation Act, Indian Penal Code or any other public policy.
Duty to the Society shall appreciate the honour the member.
Duty to the Society will avoid any damage to the property of the Society by making any unauthorized alterations or putting the unauthorized hoardings.
Duty to the Society will follow the notifications or order / issue by the Government of Maharashtra and other authorities.

    In case, one need further guidance please contact the Secretary, Flat Owners Association, at the address given below:

Gen. Secretary.

23, Hamam Street, 3rd Floor , Above Quality Machine Tools , Fort , Mumbai - 400 023
Tel : +91-22-22650284/22657291 , Fax: +91-22-22657291
© Copyright 2002, The Flat Owner's Association, Mumbai.
Updated On 30th April 2002.