“Bye-law No 38 prescribes a list of documents required for selling a flat, but nowhere is it mentioned that the society’s NOC is mandatory,’’
“The model bye-laws of March, 2001, are clear that an NOC is not required from a society,’’
“The 2009 model bye-laws, which will be issued soon, do not contain any such clause either. Apart from this, Section 23 of the Maharashtra Cooperative Societies Act clearly emphasises the concept of open membership, where there is no scope for discrimination.’’
THE LAW SAYS
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Bye-law No 38 under the Maharashtra Cooperative Societies Act does not list an NOC from the housing society among the documents required to sell a flat. A society that refuses an NOC must give its reasons in writing.
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Section 23 of the Act emphasises open membership and nondiscrimination. A Bombay high court judgment in 2000 rejected the contention of a society that amended its bye-laws to restrict membership to Catholics.
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In another case, the Supreme Court ruled that a Churchgate society could not bar the admission of a member who met with qualifications laid down under the bye-laws.
‘Hsg societies must adopt 2001 bye-laws’
Divisional joint registrar of cooperative societies, Mumbai, M P Kalyankar is categorical that all societies are expected to adopt the 2001 model bye-laws. “If at all a transferor or transferee of a flat want an NOC from the society for their personal reasons, the society will have to issue it within a month of receiving the application,’’ says Kalyankar. Adds Wader, “If a society refuses an NOC, the law requires it to give its reasons in writing.’’
