Information Power of Attorney   A Power of Attorney is a document which empowers a specific person to act on behalf of the person who is executing the same. It also includes any document by which a person is authorized to appear and act on behalf of a person who is executing the power of attorney. A power of attorney may also be given by a person to another to appear before any Court, Tribunal or Authority or before a Co-operative Society or any Body or Association. Types of Power of Attorney There are two types of Power of Attorney, namely:   1. General Power of Attorney 2. Special Power of Attorney 3. Necessity of a Power of Attorney:     1. General Power of Attorney: This type of a Power of Attorney gives general powers to the person in whose favour the document is executed. The person who is given the powers is called a "Constituted Attorney" and he is authorized to perform all kinds of acts and to execute any document on behalf of the person who has so executed that document.     2. Special Power of Attorney:   Such a Power of Attorney gives the person, power/s only for specified act/s or transactions. In this case the power has to be strictly adhered to and the Constituted Attorney cannot do anything for which he is not duly empowered by the Power of Attorney.       3. Necessity of a Power of Attorney: A Power of Attorney is generally executed when a person wants to authorize someone to carry out any activity pertaining to his property which he would have undertaken if he would be personally capable of doing the same. It is an authorization, which confers powers akin to that of the Principal on the person for a temporary period of time. If a person wants to present a document for registration at the proper registration office and if, for some reason he cannot be present, he may do so through his representative who is duly authorized by a Power of Attorney which is executed and authenticated in the prescribed manner. Power of Attorney to be authenticated by Sub-Registrar / Registrar where the principal resides As per Section 33(a) of the Registration Act, 1908, if the principal resides in any part of India where the Registration Act is in force at the time of executing the Power of Attorney, the power of attorney has to be executed before and authenticated by the Registrar or Sub-Registrar within whose District or Sub-district the Principal resides. Execution of Power of Attorney in a case when the principal resides in any part of India where the Act is not in force As per Section 33(b) of the Registration Act, 1908, if the principal at the time of executing the Power of Attorney resides in any part of India where the Act is not in force, the power of attorney is required to be executed before and authenticated by any Magistrate. Execution of Power of Attorney, if the principal at the time of its execution does not reside in India As per Section 33(c) of the Registration Act, 1908, if the principal, at the time of executing the Power of Attorney does not resides in India, then the Power of Attorney has to be executed before and authenticated by a Notary Public, or any Court, Judge, Magistrate, Indian Consul or Vice-Consul, or a representative of the Central Government in the country where the principal resides. Persons exempted from being present at any registration office for the purpose of admitting any document As per Section 38 of the Registration Act, 1908, the following persons are exempted from attending the office of the Registrar for admitting any document: Persons, who are physically incapacitated due to some infirmity and who will have to take too much of a risk or serious inconvenience in order to be present. Persons who are in jail under civil or criminal process. Persons who are exempt by law from making personal appearance in Court. Attestation of a Power of Attorney by a Registrar The Registrar or the Sub-Registrar or the Magistrate, must first satisfy himself that the Power of Attorney has been voluntarily executed by the Principal. Only after he is satisfied as regards the same, can he attest a Power of Attorney. If he is not satisfied as to the genuineness of the Power of Attorney, then he has the authority to get evidence as to the voluntary nature of the execution.     Co-operative Societies   Open Plot Societies Flat Owners Societies Tenant Ownership Co-op. Hsg. Societies Housing Board Societies.   In Open Plot Societies, members purchase or take on lease a plot of land and themselves construct the building. When a builder constructs flats and sells them to Flat Owners, the Society when formed is called Flat Owners' Society. The housing society acquires land by sale or lease, divides the land into plots and leases out the plots to members. Land belongs to society and the building thereon belongs to the member. When a Society is formed by Allottees of flats and building is constructed by the Housing Board Authorities, i.e. Mumbai Housing and Development Board, then the Society so formed is of the type of Housing Board Society. The procedure that should be followed for formation of societies of the above said types is different for different types of Societies. The procedure for Registration of a society begins with electing a Chief Promoter in a meeting of the Promoters. The builder under the Flat Owners type of co-operative society has the first right to act as the chief promoter. The developer / flat purchasers should call for a meeting of the Promoters by issuing the notice under Agenda of the meeting giving at least 14 days notice to the Promoters. In this meeting, a Chief Promoter is elected who can exercise such powers and carry out such functions as are mentioned in the minutes of the Promoters of the proposed Co-operative Society. After electing the Chief Promoter, the proposed name of the society has to he decided by the Promoters. It is a common belief that the Society should consist of atleast 10 members. If the number is less than 10 then special permission from Government has to be taken. In such cases, the garages / car parking may be allotted to other relatives of the promoter to reach number of 10. It would be of interest to note that the model bye-laws define flat as a 'Flat means a separate set and self -contained set of premises used or intended to be used for residence, or office or show-room, or shop, or godown and includes a garage, or dispensary, or consulting room, or clinic, or flour mill, the premises forming part of a building and includes an apartment'. On allotment of name and permission to open a bank account by the Registrar, the Chief Promoter has to collect Share Capital, Entrance Fees from promoters and deposit the same in the branch of the bank permitted by the Registrar. It should be noted that the amount cannot be withdrawn from the Bank till the Society is Registered or its Registration is refused, except with prior written permission of the Registrar. The Chief Promoter should submit Registration Proposal to the Registering Authority within a period of 3 months from the date of issue of Letter of Reservation in the name of the proposed Society. The documents that are normally to be submitted to the Registering as under :-   1. Application for registration of Society in Form A along with Statement A. Enclosure to application for Registration as per Rule 4(1) of Maharashtra Co-operative Societies Rules, 1961. 2. Information about proposed society in Statement 'B' (vide Govt. Circular dated 2-5-1980) 3. Information about promoter members of the proposed society in Statement 'C' (vide Govt. Circular dated. 2-5-1980) 4. A Statement of Accounts as per Form D. 5. Model Bye-laws. 6. Bank Balance Certificate. 7. R.B.I. / Treasury Challan for payment of Registration Fee of Rs. 500/- 8. Title Clearance Certificate from an Advocate. 9. A true copy of the approved Building Plan. 10. Letter of Authority granting permission to commence construction work/Completion Certificate (if applicable) 11. Affidavit on Rs.20/- Stamp Paper from at least 10 promoter members to the effect that they are residing in the area of operation of the Society (Proposed), made before a Competent Authority. 12. Affidavit from the Chief Promoter on Stamp Paper of Rs.201- executed before the Competent Authority in form 'Y'. 13. Certified True Copy of agreement made on Stamp Paper and Registered between the builder, promoter and purchasers of flat.       Contribution to be collected   The contribution to be collected from the members may be in relation to the following:   1. Property taxes. 2. Water Charges. 3. Common Electricity Charges. 4. Expenses on Repairs and Maintenance of the building/buildings of the Society. 5. Expenses on Repairs and Maintenance of the lifts of the Society, including charges for running the lift. 6. Sinking Fund. 7. Service Charges. 8. Car Parking Charges. 9. Interest on the defaulted charges. 10. Repayment of the instalment of the loan and interest. 11. Non-Occupancy Charges. 12. Insurance Charges. 13. Lease Rent. 14. Non-Agricultural Tax, and 15. Any other charges.       The apportionment of the share of each member, towards the charges of the Society, shall be on the following basis:   1. Property taxes: As fixed by the local authority. 2. Water Charges: On the basis of total number of taps, push cocks/flush etc., provided in each flat or, equally from all flats (as is mentioned in the Society''s bye-laws). 3. Common Electricity Charges: Equally for all flats. 4. Expenses on repairs and Maintenance of the building/buildings of the Society: At the rate per square foot of the carpet area of each flat, fixed by the General Body. 5. Expenses on repairs and Maintenance of the lifts of the Society, including charges for running the lift: Equally, by all the members, irrespective of whether they use the lift or not. 6. Sinking Fund: As decided by the General Body, subject to the minimum of ¼% per annum of the value of each flat, excluding the proportionate cost of land. 7. Service Charges: Equally divided by the number of flats. 8. Car Parking Charges: As decided by the General Body. 9. Interest on the defaulted charges: At the rate fixed, under Bye-law No.74 (of the Model Bye-Laws, as amended by the Society) to be recovered from defaulter members. 10. Repayment of the instalment of the loan and interest: The amount of each instalment, with interest, as fixed by the financing agency. 11. Non Occupancy Charges: Maximum 100% of Service Charges, or, as provided in Bye-Law No.45 of the Model Bye-Laws, if adopted and amended. 12. Insurance Charges: Carpet area of each flat. 13. Lease Rent: The carpet area of each flat. 14. Non-Agricultural Tax: The carpet area of each flat. 15. Any other charges: As decided by the General Body.       The following expenses on repairs and maintenance have to be incurred by the Society at its own costs.   1. All internal roads. 2. Compound Wall. 3. External Water Pipe Lines. 4. Water Pump. 5. Water Storage Tanks. 6. Drainage Lines. 7. Septic Tanks. 8. Stair case. 9. Stair case Lights. 10. Street Lights. 11. Outside walls of the building / buildings. 12. All leakages of water. 13. Electric Lines up to the main switch in the flats. 14. Lifts.       No, a member has no right to deduct any amount from the Society''s bill. He is duty bound to pay all the legitimate dues to the Society. If at all any expenses have to be carried out, the same could be carried out by the member, only after getting a written permission from the Society.