Co-operative Housing Society

Society should issue NOC within seven days.

July 13, 2021

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In Co-operative housing societies, a No Objection Certificate is demanded for various reasons like Selling, mortgaging, repairing, renting, etc. of flats, Numerous Complaints registered regarding rejection or delay in issuance of NOC by the chairman or secretary of the society, So the Co-operative commissioner made regulations to give NOC within 7 days in circular dated 01 Jan 2017. Society and members have disputes over terms and conditions in NOC in many cases and Registrar also receives lots of complaints about this. So to minimize the number of complaints following instructions are given in the circular dated 01 Jan 2017.

1. Society members should mention the reason for the demand for society NOC in the written application and must take the receipt. If the committee does not accept the application or does not give acknowledgement, the application should be sent to the committee by Register AD / Speed Post.

2. The committee should present the NOC to the nearest Management Committee meeting to be held after the date of receipt of the application. And NOC should be given to the member immediately after taking a decision in that meeting.

3. The member for which the no-objection certificate is required from the Society will have to fulfil all the requirements. Moreover the due must be paid by the member to the society, if any and society must give NOC after recovery of the dues.

4. The Model Bye-Law provides for the purchase of flats/flats by the employer, bank, LIC. It will not be necessary to obtain a No Objection Certificate from the Society (society NOC) for taking a loan from etc. However, it will be mandatory for the Society to issue such No Objection Certificate if requested by the members. Also, such authoritirs require a NOC in a specific format. In such a case, on the basis of the documents available with the society, the society should issue a NOC to the member in the specified form requested.

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5. If for any reason the Management Committee meeting cannot be held in the near future after receiving the NOC Application and if the member needs it urgently, the No Objection Certificate (society NOC) should be issued with the joint signature of the Chairman and Secretary within 7 days after receipt of the application.

6. If committee do not take any decision in the nearest committee meeting or If the Chairman and Secretary of the Society do not issue such certificate within the above mentioned time despite the urgent need of the members or if rejected without appropriate reasons member can file application to Registrar, Upon receipt of such application, the Registrar will give opportunity to their views of all concerned and order the Society to issue no-objection certificate. Following the instructions given above, the Society should issue NOC to the member.

This might help you:Model Tenancy Act, 2020

7. If the member has not submitted a specific form along with the application, the organization should issue a society NOC to the member in the form given below.