Copy of bye laws of pune district co-operative housing society limited
Tayib
(Querist) 01 February 2013
This query is : Resolved
Where can i find an on-line soft Copy of the Bye Laws for a society registered under the Maharashtra state Co-op HS act in Pune. The society has stated that the Bye-Laws are exactly as the one published by Govt.
Nadeem Qureshi
(Expert) 01 February 2013
Dear Querist
you should search through Google or contact concerened dept. website
R.K Nanda
(Expert) 01 February 2013
search google.
Tayib
(Querist) 01 February 2013
Of course i did try to search but not able to lay my hands on it. Let me find out more and will share the link if i get it.
V R SHROFF
(Expert) 01 February 2013
You need to buy one from Housing federation , Pune.
I don't think, it is on line.
You may get 99% of bye laws in a file that I attach for you.
BYE-LAWS COOP SOCIETY:::::::::
I. PRELIMINARY
1 (a) The name of the society shall be ……………………………………….
…………………………………………………………………………. Name of the Society
(b) The society shall follow the procedure laid down under the Section 15 of the Act and Rule 14 of the Rules for the change of its name. Procedure for Changing the name.
(c) The society is classified under major class *Housing* with sub-class *Tenant Ownership/ Tenant CO-partnership Housing Society. * Classification
2 (a) The registered address of the society shall be as under
……………………………………………………………………………...
……………………………………………………………………………...
……………………………………………………………………………...
Address of the Society.
(b) Any change in the registered address of the society shall be intimated by it to the Registering Authority and all others concerned within 30 days of change. Intimation of change in the address of the society
(c) Any change in the registered address of the society shall be made after following the procedure laid down in Rule 31 of the Rules. Procedure for changing the address of the society.
(d) The Society shall exhibit at a conspicuous place at the main entrance of the building, a Board indicating its name, Registration number and the registered address. Exhibition of Name Board.
II. INTERPRETATIONS
3. Unless otherwise separately provided in these bye-laws, the following words and terms shall have the meaning assigned to them herein : Interpretations of the words and terms.
(i) ‘Act’ means the Maharashtra Co-operative Societies (Act; (MCS Act) 1960;
(ii) ‘Bye-laws’ means the registered bye-laws of the society;
(iii) ‘Chief Promoter’ means the person who is elected by the Promoters, in their first meeting, or in their subsequent meetings in case the post of the Chief promoter lies vacant, till the first general meeting.
(iv) ‘Committee’ means the committee of members or other directing body to which the management of the affairs of the society is entrusted;
(v) ‘……………Days’ Clear Notice means the number of calendar days intervening between the day of posting the notice and the day of the meeting;
(vi) ‘Flat’ means a separate and self contained set 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, or coaching classes, or planaghar, beauty parlour, the premises forming part of a building and includes an apartment;
(vii) ‘Housing Federation’ means the federation of co-operative housing societies, registered under the Act;
(viii) ‘Ownership Flats Act’ means the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act. 19636;
(ix) ‘Papers’ means all or any of the item mentioned in the bye-laws Nos. 142 and 143;
(x) ‘Parking Space’ means open space within the premises of the society earmarked by it for parking of vehicles and includes a still;
(xi) ‘Prescribed Form’ means the form included in the Annexure II indicating the bye-law No. under which it s prescribed and the Appendix at which it is enclosed;
(xii) ‘Promoter’ means a person, who has signed the application for registration of the society.
(xiii) ‘Builder-Promoter’ means a person who constructs or causes to be constructed a block or building of flats or apartments for the purpose of selling some or all of them to other persons, or a company, co-operative society or other association of persons, and includes his assignees; and where the person who builds and the person who sells are different persons, the terms includes both.
(xiv) ‘Rules’ Means the Maharashtra Co-operative Societies Rules, 1961;
(xv) ‘Reserve Fund’ means the fund constituted under the provisions of Section 66(1) of the Act and the bye-law No. 12(i);
(xvi) ‘Repairs and Maintenance Fund’ means the fund constituted under the bye-law No. 13(a);
(xvii) ‘Sinking and Maintenance Fund’ means the fund constituted under the Bye-law No. 13(a);
(xviii) ‘Major Repair Funds’ means a Fund created by the society and constituted under Bye-law No. 13(b), for the purpose of Major Repairs, such as Plastering, building of compound wall, pavement, total painting, reconstrauction.
(xix) ‘Municipal Act means’ the Maharashtra Municipalities Act 1965 (Mah. XL of 1965).
(xx) ‘Open space’ means An Area, forming a integral part of the site, left open to sky.
(xxi) ‘Open terraces’ means terraces which are otherwise not in the exclusive possession of any of the members.
(xxii) ‘Common Areas and Facilities’ means
(a) the land on which the building is located;
(b) the foundations, columns, girders, beams, supports, main walls, roots, halls, corridors, lobbies, stairs, stair-ways, fire escapes and entrances and exits of the building;
(c) the basements, cellars, yards, garden, parking areas (unless not specifically sold), and storage spaces;
(d) the premises for the lodging of janitors or persons employed for the management of the property;
(e) installations of central services, such as power, light, gas, hot and cold water, heating, refrigeration, air conditioning and generators.
(f) The elevators, tanks, pumps, motors, fans, compressors, ducts and in general all apparatus and installations existing for common use;
(g) Such community and commercial facilities as may have been provided for,
(h) All other parts of the property necessary or convenient to its existence, maintenance and safety, or normally in common use;
(xxiii) ‘Society means the …………………………………………………
Co-operative Housing Society Ltd ………………………………...
(xxiv) “Member” means a person joining in an application for the Registration of a Co-operative Society which is subsequently registered, of a person duly admitted to membership of a society after Registration and includes a Nominal and Associate member;
(a) “Associate Member” means a member who holds jointly a share of a society with others, but whose name does not stand first in the share certificate;
(b) “Nominal Member” means a person admitted to membership as such after registration in accordance with the Bye laws;
(xxv) “Family” means Group of persons, which include husband, wife, father, mother, sister, brother, son, daughter, son-in-law, brother-in-law, sister-in-law, daughter-in-law, grandson/daughter.
(xxvi) ‘Transfer Fees’ means the sum payable by a transferor to the society for the transfer of his shares along with occupancy right as provided under the bye-law No. 38(e) (vii).
(xxvii) ‘Premium’ shall mean and include the amount payable to the society by the member, transferring his shares and interest in the capital/property of the society, in addition to the transfer fee as provided under bye-law No. 38(e)(ix);
(xxviii) “Working Capital” means funds at the disposable of the society inclusive of the paid up capital, share capital, funds created out of profits, and money raised by borrowing or by any other means.
III. AREA OF OPERATION
4. The area of operation of the society shall be confined to ………………….
……………………………………………………………………………... Area of operation of the society.
Explanation :
i) for the society in the Bruhan Mumbai insert ward in the gap.
ii) For the society at other place, insert Corporation/Municipal limits/Town/Village of ……………………………………….
Taluka …………………… District ……………………. In the gap.
IV. OBJECTS
Objects of the Society 5. The objects of the society shall be as under :
(a) To obtain conveyance from the owner/Promoter (Builder), in accordance with the provisions of the Ownership Flats Act and the Rules made thereunder, of the rights, title and interest, in the land with building/buildings thereon, the details of which are as hereunder :
The buildings/buildings known/numbered as …………………………... constructed on the plot/plots Nos……………………. of ………………. Admeasuring …………………………… sq. meteres. More particularly described in the application for registration of the Society;
OR
(APPLICABLE FOR PLOT-PURCHASED TYPE SOCIETY)
(a) To buy or-take on lease a plot or plots nos…….. of …….. admeasuring …………. Sq mts. and to construct flats thereon for allotment to the members of the society for their authorised use.
OR
To purchase a building or buildings known as ……………. Constructed on the plot/plots nos………… of ……………... admeasuring ……… sq. mts. for allotments of flats therein to the members of the society for their authorised use.
(b) To manage, maintain and administer the property of the society;
(c) To raise funds for achieving the objects of the society;
(d) To undertake and provide for, on its own account or jointly with a co-operative institution, social cultural or recreative activities;
(e) To do all things, necessary or expendient for the attainment of the objects of the society, specified in these bye-laws.
V. AFFILIATION
Affillation of the society to other co-op institutions 6. The society, immediately after its registration, shall become a member of Housing Federation of the Disytrict/Area, the District Central Co-operative Bank of the District, and shall pay sums, from time, payable by it, under the bye-laws of the respective organisations referred to above.
VI. FUNDS, THEIR UTILISATION AND INVESTMENT
(A) Raising of Funds
7. The funds of the society may be raised in one or more of the following wats:
(a) by entrance fees,
(b) by issue of shares,
(c) by loans and subsidies,
(d) by deposits.
(e) By voluntary donations, but not from Transferor and transferee.
(f) By contributions towards cost of building or buildings,
(g) By fee on transfer of shares, along with the occupancy right,
(h) By premium on transfer of occupancy right over the flats,
(i) By any other mode permitted under these bye-laws.
(j) By way of statutory requirements Modes or raising the funds of the society.
(B) Share Capital
8. The authorised share capital of the society shall be Rs…………… dividend into………….. shares of Rs. 50 each. Authorised share capital of the society.
9. A share certificate, prescribed in bye-laws, bearing distinctive number and indicating the name of the member, the number of shares issued and the value paid thereon, shall be issued by the society to every member for the shares subscribed by him, within a period of six months of the allotments of the shares. Issue of share certificate to the members of the society.
10. Every such share certificate shall bear the seal of the society and be signed by the chairman, the Secretary and one member of the committee, duly authorised by the committee in that behalf. The same shall be issued by the Secretary of the society. Society’s seal and signatures of office bearers on every share certificate.
(C) Limits of Liabilities
11 Deposits from members and loans may be received by the society for such period and at such rate of interest and upto such amount and on such terms and conditions as may be determined by the committee, provided that at no time, the total amount of such liabilities shall exceed the limit prescribed under Rule 35 of the Rules. Restriction on incurring liabilities by the society.
(D) Constitution of the Reserve Fund
12. (i) The Reserve fund of the Society shall comprise of -- How the Reserve Fund shall be constituted.
(a) the amounts carried to the said fund, from year to year, out of the net profit of that year, subject to the provisions of Section 66 (1) and (2) of the Act;
(b) all entrance fees received by the society form its members;
(c) all transfer fees received by the society from its member on transfers of the shares, along with occupancy rights;
(d) all premium received by the society from its members on transfers of their interest in the capital or property of the society;
(e) all donations received by the society, except those received by it for the specific purpose.
(II) The society shall, while finalising the accounts for the preceding co-operative year, appropriate all amounts referred to in bye-law No. 12(i) (b) to (e) to the Reserve Fund of the society Appropriation of the amounts to the Reserve Fund of the society
(E) Creation of other funds
13 The society shall create and establish the following funds by collecting contributions from its members at the rates mentioned hereunder; Other Funds to be created by the society.
(a) The Repairs and Maintenance Fund, at the rate fixed at the general body from time to time, subject to the minimum of 0.75 per cent per annum of the construction cost each flat for meeting expenses of normal recurring repairs; Creation of the Repairs and Maintenance Fund by the society.
(b) Major repairs funds, as and when required and decided by the General Body at the rate fixed on area basis. Creation of the Sinking Fund by the Society.
(c) The Sinking Fund at the rate decided at the meeting of the general body, subject to the minimum of 0.25 per cent per annum of the construction cost of each flat, excluding the proportionate cost of the land.
(F) Utilisation of the Funds by the Society
14. The society may utilise its funds in the manner indicated below:
(a) Reserve Fund: The Reserve Fund of the society may be utilised for the expenditure on repairs, maintenance and renewals of the society’s property.
Utilisation of the Reserve Fund
(b) Repairs and Maintenance Fund: the Repairs and Maintenance Fund may be utilised by the Committee for meeting the expenditure on maintenance of the society’s property and repairs and renewals thereof. Utilisation of the Repairs and Maintenance Fund.
(c) Sinking Fund: On the resolution passed at the meeting of the general body of the society and with the prior permission of the registering Authority, the Sinking Fund may be used by the society for reconstruction of its building/buildings or for carrying out such structural additions or alteration to the building/buildings, as in the opinion of the Society’s Architect, would be necessary to strengthen it/them or for carrying out such heavy repairs as may be certified by the Architect and on approval of General Body. Utilisation of the sinking Fund
(d) Notwithstanding anything contained in any other by-laws, a member may be paid remuneration at such rate, as may be decided by the general body meeting for the services rendered by him to the society. Payment of remuneration to a member for services rendered by him to the society.
(e) Utilisation of major repairs fund with the prior permission of General Body;
(G) Investment of Funds
15. The funds of the society, when not employed in its business, may be invested or deposited as required under Section 70 of the Act, Provided that the sinking fund collections shall be invested on long term basis, along with the interest earned thereon by one of the modes permitted under the said section.
VII. MEMBERS, THEIR RIGHTS, RESPONSIBILITIES AND LIABILITIES
I. MEMBERSHIP
(A) Classes of Members
16. The membership of the society shall consist of (i) members, including associate members and (ii) nominal members. Classes of member
(B) Eligibility for Membership
17. (a) No individual shall be admitted as a member of a society expect the following that is to say-- Eligibility of individuals for membership of the society.
1) who is component to contact under the Indian Contract Act. 1872;
2) a firm, company or any other body corporate constituted under any law for the time being in force, or a society registered under the societies Registration Act, 1860;
3) a society registered, or deemed to be registered, under the Act;
4) the Sate Government or the Central Government;
5) a local authority;
6) a public trust registered under any law for the time being in force for the registration of such trusts;
(b) A minor or a person of unsound mind, inheriting shares and/or interest of the deceased member in the capital/property of the society, or if nominated may be eligible for admission to membership of the society through his guardian of legal representative on an application in the prescribed from, along with undertaking/declarations, in the prescribed forms, mentioned in the application.
Eligibility of a minor or a person of unsound mind for membership of the society.
(c) “Notwithstanding anything contained in these bye-laws, admission of a person to membership of the society directly or as a result of transfer of shares and interest of the existing member, in the capital/property, of the society, shall be subject to the approval of the concerned component authorities such as collector of the District, if the Society has been given land by the Government/CIDCO/MHADA.” Admission of a person to society’s membership subject to the collector’s approval.
Note (1) : “Family” means as defined under Bye law No. 3 (xxv)
Note (2) : “Signatories to the application for registration of the society shall be deemed to be the members of the society after its registration.
Note (3) : The number of members in the society shall be limited to the number of Flats constructed in the building/buildings.
18. A firm registered under the Indian Partnership Act, 1932, a company registered under the Indian Companies Act, 1949, a society registered under the Societies Registration Act. 1860 or a Co-operative Society registered or deemed to be registered under the Maharashtra Co-op/ Societies Act, 1960, a local authority the State/Central Government, a public trust or any other body cooperate, registered under the law for the time being in force, as provided under Section 22(1) (b), (c), (d), (e), and (f) of the Act may be eligible for admission to membership of the society. However, admission of firms and companies to membership of the society and holding of flats by them shall be regulated in accordance with the notification issued by the State Government from time to time under the Second Proviso to Section 22 of the act. Eligibility of Corporate Bodies for membership of the society.
Note : For existing terms and conditions of the Government Notification referred to above, see Annexure 1 to these bye-laws.
(C) Conditions for Membership
19. A) An individual who is eligible to be the member and who has applied for membership of the society in the prescribed from, may be admitted as member by the committee on complying with the following conditions:- Conditions for individuals desiring to be members of the society
(i) he has fully paid the value of at least five shares of the society, along with his application for membership;
(ii) he has paid the entrance fee of Rs. 100/- along with the application for membership;
(iii) he has given the application, as prescribed the particulars in regard to any house, plot or flat owned by him or any of the members of his family, anywhere in the area of operation of the society;
(iv) he has given the undertaking in the prescribed form to the effect that he shall use the flat for the purpose for which it was purchased by him;
(v) he has furnished an undertaking in the prescribed form, if he has no independent source of income;
(vi) he has sent, along with the application for membership of the society a certified copy of the agreement, duly stamped entered into by him with the promoter (Builder) or transferor under Section 4 of the Ownership Flats Act;
(vii) he has furnished such other undertakings/declarations, in the prescribed forms as are required under any law for the time being in force and such other information as is required under the Bye-laws of the society along with the application for membership.
Note : The conditions at (iii), (iv), (v) and (vii) above shall not be applicable to the Promoter (Builder), applying for membership of the society, in respect of the unsold flats.
B) An individual, a firm, a company or a body corporate, registered under any law for the time being in force, who/which is eligible to be an associate member and who/which has made an application in the prescribed form for such membership, along with the entrance fee of Rs. 100/- may be admitted as such member by the committee. Conditions of associate membership of the society.
C) A firm, company or any other body corporate, registered under any law for the time being in force, which is eligible to be a member of the society and which has made an application for membership of the society in the prescribed from may be admitted as a member by the general body meeting of the society on complying with the following conditioned :- Conditions of membership for bodies corporate desiring to become members of the Society.
(j) it has sent, along with application for membership of the society, a certified copy of the agreement duly stamped entered into by it, with the Promoter (Builder) or transferor under Section 4 of the Ownership Flats Act.
(ii) it has paid, along with application for membership, full value of atleast 10 shares and entrance fee of Rs. 100/-
(iii) the firm or the company has complied with the conditions mentioned in the notifications, issued by the State Government, from time to time, under the Second Proviso to Section 22 of the Act.
(iv) the firm or the company has furnished the undertakings/declarations in the prescribed forms required under any law for the time being in force along with the application for membership.
Note : The conditions at (i) and (ii) shall not be applicable to the firm/company of the promoter (Builder), applying for membership of the society in respect of the unsold flats.
20. A sublettee, a licensee or a care-taker, or occupant who/which is eligible to be a nominal member and who shall apply through original member for such membership in the prescribed form, applicable to him/it, along with entrance fee of Rs. 100/- may be admitted as such member by the committee. Conditions for nominal membership of the society.
21. The procedure for disposal of application for membership of the society, as laid under the bye-law No. 65 (a) to (g) shall be followed by the Secretary and the committee of the society Procedure for disposal of applications for membership.
II RIGHTS OF MEMBERS
(A) Getting Copy of the Bye-laws
22. A member shall be entitled to receive a copy of the registered by-laws of the society on payment of the price thereof. Right to get a copy of the bye-laws of the society.
(B) Inspection of Books and Records
23. A member shall have right to inspect free of cost books, registers documents etc. as provided in Section 32 (1) of the Act and get copies of the documents as provided under Section 32(2) of the Act, on payment of the fees prescribed under the bye-law No. 172. Right of inspection of documents and getting thereof.
(C) Occupation of Flats
24. (a) The member, who is deemed to have allotted the flat under the Bye-law No. 76(a) of the Society shall have right to occupy the flat subject to the terms and conditions set out in the letter in the prescribed form under the said bye-law.
(b) The associate/nominal member may have a right to occupy the flat with the consent of the member and permission of the society, subject to the conditions set out by the society. Right of occupation of the Flat
(D) Restrictions on Rights of Associate and Nominal Members
25. No associate member shall have any rights or privileges of a member ship expect as provided under Section 27(2) of the Act. No right of membership to an associate member expect that under section 27(2) of the Act.
26. A nominal member shall have no rights such as member. No rights of membership to a nominal member.
(E) Resignation of Membership
(1) Resignation by a Member
27. (a) A member may assign his membership after giving three months notice in this prescribed form to the Secretary of the society as provided under Rule 21(1) of the Rules.
Notice of resignation of membership of the society
(b) No resignation of a member of the society shall be accepted unless such member has made payment of the charges payable to the society in full. Resignation not to be accepted unless charges of the society are fully paid
(c) Where any charges are found payable by the member to the society the Secretary of the society shall intimate the same giving full details and reasons of dues thereof to the member within 15 days of the receipt of the notice or resignation, advising him to make payment thereof within 30 days of the date of the date of intimation. Communication of the amount of charges of the society outstanding to the member
(d) Where the are no charges of the Society outstanding with the member the committee shall accept the resignation of the member and the Secretary of the society shall communicate the same to the member within a period of 3 months from date of the receipt of the notice of the resignation. Acceptance of resignation where no charge of the societies are outstanding.
(e) Where any resignation is rejected, the Committee shall record the reasons therefore and communicate the same to the member concerned within 3 months from date of receipt of notice of resignation. Communication of reasons for rejection of resignation.
(2) Resignation by an Associate Member
28. An Associate Member may resign his membership ant time by writing the letter of resignation to the Secretary of the society, through the member, with whom he held the shares of the society jointly. The Secretary of the society shall place the letter of the resignation of the Associate Member, before the meeting of the Committee, held next after the receipt of the letter of the resignation, duly recommended by the member for acceptance by the Committee. The decision of the Committee, accepting the resignation of the Associate Member shall be communicated by the Secretary of the society to the member and his associate member 15 days of the decision by the Committee. If the resignation is rejected, the committee shall record the reasons therefore in the minutes of its meeting and the Secretary shall communicate the same to the member and his associate member within the time specified above. Resignation by an associate member
(3) Resignation by a Nominal Member, occupying the flat on behalf of the Firm, Company or any other Body Corporate
29 If there is a nominal member, occupying the flat on behalf of a firm, company or any other body corporate, he/she may resign his nominal membership, at anytime, by writing the letter of the resignation to the Secretary of the society through the firm, the company or any other body corporate, on whose behalf he is occupying the flat. The Secretary of the society shall place the letter of resignation, before the meeting of the committee, held next after receipt of the letter of the resignation of the Nominal Member, duly recommended by the firm. The company or any other body corporate for acceptance by the committee. The decision of the Committee, accepting the resignation shall be communicated by the Secretary of the society to the firm, company or the body corporate and the nominal member, within 15 days of the decision by the Committee. If the resignation is rejected, the Committee shall record reasons therefore in the minutes of its meeting and the Secretary shall communicate the same to the firm, company or the body corporate and the nominal member within the time specified above. Resignation by a Nominal Member occupying the flat on behalf of a firm company or any other body corporate.
(4) resignation by a Nominal Member, who is Sub-lettee, Licensee, caretaker etc.
30 A sub-lettee, licensee, caretaker or possessor of a flat or part thereof, who has been admitted as a nominal member of the society may resign his nominal membership at anytime, by writing the letter of the resignation to the Secretary of the society, through the member who has been permitted by the Committee to sub-let, give on leave and licence or caretaker basis the flat or part thereof or part with its possession in any other manner. The Secretary of the society shall place the letter of the resignation before the meeting of the Communities held next after receipt of the letter of the resignation before the meeting of the Communitee held next after the receipt of the letter of the resignation duly recommended by the member concerned for acceptance by the Committee. The decision of the Committee, accepting the resignation shall be communicated by the Secretary of the society to the member concerned and his sub-lettee the licensee, the caretaker, or as the case may be, the possessor of the flat or part thereof within 15 days of the decision by the Committee. If the resignation is rejected the committee shall record reasons therefore in the minutes of its meeting and the Secretary of the Society shall communicate the same to the member concerned and his sub-lettee, licensee or caretaker etc. within the time specified above. Resignation by a sublettee, licensee or caretaker.
31. On acceptance of the resignation of the member, under bye-law No. 27, the society shall require the shares and interest of the member in the capital/property of the society and pay him value thereof as provided under the bye-law No. 66. Acquisition of shares and interest of the member in the capital/property of the society.
(F) Nomination by Members
32. A member of the society may, by writing under his hand, in the prescribed form, nominate a person or persons to whom the whole or part of the shares and/or interest of the member in the capital/property of the society shall be transferred in the event of his death. The acknowledgement of the nomination by the Secretary, shall be deemed to be acceptance of nomination by the Secretary. No fees shall be charged for recording the first nomination. A member may revoke or vary his nomination, at any time, by making an application, in writing, under his hand, to the Secretary of the Society. The acknowledgement of the variation in nomination/subsequent nomination by the Secretary, shall be deemed to be the cancellation of earlier nomination. Every fresh nomination shall be charged a fee of Rs. 50/- Procedure for Nomination by a member and its revocation
33. On receipt of the nomination form, or the letter or revocation of the earlier nomination, the same shall be placed before the meeting of the Committee held next after receipt of the nomination form, or the letter of revocation of the earlier nomination, by the Secretary of the Society for recording the same in the minutes of the Committee. Every such nomination or revocation thereof shall be entered in the register of nominations by the Secretary of the society within 7 days of the meeting of the committee, in which it was recorded. Recording of Nomination or revocations thereof.
34. Subject to the provisions of the Section 30 of MCS Act. 1960 bye-law No. 17A or 19, on the Death of member, the society shall transfer the shares and interest of the deceased member in the Capital/Property of the Society to the Nominee/Nominees and in proportion with the shares and interest held by the deceased member, In case property is purchased by member and associate member jointly.
In the event of death of the member Nominee/Nominees shall submit the Application for membership, within six months from the death of a member.
If there are more than one nominee, on the death of a member, such Nominees shall make Joint Application to the Society and indicate the name of the Nominee who should be enrolled as member. The other nominees shall be enrolled as Joint/Associate Members unless the nominees indicate otherwise.
The nominees shall also file an indemnity Bond in the prescribed form indemnifying the society against any claims made to the shares and interest of the deceased member in the Capital/Property of the society by any of them, in case only one nominee is indicated by Nominees for membership of the society. Transfer of shares and interest of te deceased member in the capital/property of the society to the nominee.
35. Where a member of the society dies without making a nomination, or no nominee comes forward for transfer, the society shall invite within one month from the information of his death, claims or objections to the proposed transfer of shares and interest of the deceased member in the capital/property of the society, by a public notice, in the prescribed form, exhibited on the notice board of the society. It shall also publish such notice in atleast two local news paper, having wide circulation. The entire expenses of publication of the notice shall be recoverable from the value of shares and interest of the deceased member in the capital/property of the society. After taking into consideration the claimed or objections received, in response to the said notice, and after making such inquiries as the committee considers proper in the circumstances prevailing, the committee shall decide as to the person, who in its opinion is the heir or legal representatives of the deceased member. Such a person will be eligible to be a member of the society subject to the provisions of the bye-law Nos. 17 (a) or 19, provided that he gives an indemnity bond along with his application for membership in the prescribed form, indemnifying the society against any claims made to the share and interest of the deceased members in the capital property of the society, at any time in future. By any person.
If there are more claimants that one, they shall be asked to make the affidavit as to who should become a member of the society and such person, named in the affidavit shall furnish the indemnity bond as indicated above along with application for membership, referred to above. If however, the committee is not able to decide as to the person who is the heir/legal representative of the deceased member or the claimants do not come to the agreement, as to who should become the member of the society, the committee shall call upon them to produce succession certificate from the Competent Court. If, however, there is no claimant, the shares and interest of the deceased member in the capital/property of the Society shall vest in the Society. Transfer of shares and interest of the deceased member in the capital/property of the society to the heir.
36. If there is the single nominee and if he demands payments of the value of Shares and interest of the deceased member, in the capital/property of the society, the society shall acquire the same and pay him the value thereof as provided under the bye-law No. 66. if, however, there are more nominees then one and if they demand payment of the value of the shares and interest of the deceased member in the capital/property of the society, the society shall acquire the same and pay them value thereof as provided under the bye-law referred to above in the proportion mentioned in the nomination form. If no proportion is mentioned in the nomination from, the payment shall be in equal proportion Payment of the value of Shares and interest of the deceased member in the capital/property of the society to the nominee/nominees.
37. If, in the opinion of the Committee, there is only one heir/legal representative of the deceased member and if he demands payment of the value of the shares and interest of the deceased member in the capital/property of the society, the society may acquire the same and pay him the value thereof as provided under the bye-law No. 66 after obtaining the indemnity bond referred to in the bye-law No. 35, If , in the opinion of the Committee there are more heir/legal representatives than one and if they demand payment of the value of Shares and interest of the deceased member in the capital/property of the society, the society may acquire the same and pay them value thereof in equal proportion as provided under bye-law No. 66. after obtaining the indemnity bond referred to the bye-law No. 35, form all the heirs/legal representatives jointly. Payment of the value of Shares and interest of the deceased member in the capital property of the society to the heir/legal representatives.
(G) Transfer of shares and interest in the Capital/property of the Society
38. (a) A member, desiring to transfer his shares and interest in the capital/property of the Society shall give 15 day’s notice of his intention to do so to the Secretary of the Society in the prescribed form, along with the consent of the proposed transferee in the prescribed form.
Notice of transfer of Shares and interest in the capital/property of the society.
(b) On receipt of such notice, the Secretary of the Society shall place the same place the same before the meeting of the Committee, held next after the receipt of the notice, pointing out whether the member is prima-facia eligible to transfer his shares and interest in the capital/property of the Society, in view of the provisions of Section 29(2)(a) of the Act.
(c) In the event of ineligibility (in view of the provision of section 29(2)(a) & (b) of the act) of the member to transfer his shares and interest in the capital/property of the Society, the Committee shall direct the secretary of the society to inform the member accordingly within 8 days of the decision of the Committee.
(d) “No objection Certificate” of the society is not required to transfer the shares and interest of the transferor to transferee. However in case such a certificate is required by the transferor or transferee, he shall apply to the society and committee of the society may consider such application on merit, within one month.
(e) The Transferor/ Transferee shall submit following documents and make the compliance as under :
(i) application, for transfer of his shares and interest in the capital/property of the society, in the prescribed form, along with the share certificate;
(ii) application for membership of the proposed transferee in the prescribed form;
(iii) resignation in the prescribed from;
(iv) stamp duty paid agreement;
(v) valid reasons for the proposed transfer
(vi) undertaking to discharge all the liabilities to the society by transferor
(vii) payment of the transfer fee of Rs. 500/-
(viii) remittance of entrance fee of Rs. 100/- payable by the proposed transferee;
(ix) payment of amount of premium at the rate to be fixed by the general body meeting but within the limits as prescribed under the circular, issued by the Department of Co-operation/Government of Maharashtra from time to time.
No additional amount towards donation or contribution to any other funds or under any other pretext shall be recovered from transferor or transferee.
(x) submission of ‘No objection’ certificate, required under any law for the time being in force or order or sanction issued by the Government any financing agency or any other authority;
(xi) the undertaking/declaration in compliance with the provision of any law for the time being force, in such form as is prescribed under these bye-laws.
Note : The conditions at Sr. No. (ix) above shall not apply to transfer of shares and interest of the transferor in the capital/property of the society to the member of his family or to his heir/legal representative after his death and in case of mutual exchange of flats amongst the members.
39. (a) The procedure for disposal of applications for transfers of shares and on interest of members in the capital/property of the Society as laid down under the bye-law No.65 shall be followed by the secretary and the committee of the society Disposal of applications for transfer of Shares and interest of the member in the capital/ property of the society.
(b) A meeting of the committee or the General Body, as the case may be shall not refuse any application for admission to membership of transfer of shares and interest in the capital/property of the society except on the ground of non-compliance of the provisions of the Act, the Rules and the Bye-laws of the society or any other law or order issued by the Government in exercise of the statutory powers vested in it. The Committee/ General Body not to or transfer of shares and/or interest in the capital/ property of the society.
(c) If the decision of the Committee/ General Body meeting as the case may be, on the application for transfer of shares and/ or interest in the capital/ property of the society is not communicated to the applicant within 3 months of its receipt, the transfer application shall be deemed to have been accepted and the transferee shall be deemed to have been admitted as a member of the society as provided under Section 22(2) of the Act. When application for transfer of Shares and interest in the capital / property of the Society deemed to have admitted.
(d) Any transfer made in contravention of the Act. Rules or the bye-laws shall be void and not effective against the Society Unauthorised transfer void.
40. The transferee shall be eligible to exercise the rights of membership on receipt of the letter in the prescribed form from the society; subject to the provisions of the MCS Act 1960 & Rules made thereunder. Rights of membership when to be exercised by the transferee.
(H) Exchange of Flats
41 The membership, desiring to exchange their flats, shall make a joint application to the Secretary of the Society, containing the following details; Application for exchange of flats by the members of the society.
(1) The names of the members concerned;
(2) The distinctive numbers of their respective flats;
(3) The carpet areas ( in sq. meters) . of their respective flats;
(4) The building number/numbers or name/names of the building/buildings in which the respective flats are situated;
(5) The reasons for exchange of flats.
42. The procedure for disposal of application for exchange of flats as indicated in the bye-law No. 65 shall be followed by the Secretary and the Committee of the Society. Disposal of application for exchanges of flats by the members of the society
(I) Sub-letting etc. of Flats
43. (1) A member may, apply to the society, of his intention of sub-letting of of his flat and on receipt of the permission in writing of the committee, sublet or give on leave and license basis or care-taker basis his flat or part thereof or part with its possession in any other manner under the following circumstances : Sub-letting etc. not permissible except under the Society’s permission.
(i) Where the member is required to go out of the area of operation of the society for a long duration on account of exigencies of services or business or on account of the prolonged illiness;
(ii) Where the member is unable to occupy the flat owing to absence of facilities for education of his children or is unable to secure admission to the school in the locality for them;
(iii) Where the employer, with a view to ensure efficient discharge of duties, requires him to stay in the accommodation allotted to him by his employer;
(iv) Where a member satisfies the committee about his inability to occupy or continue to occupy the flat for any other genuine reasons.
(2) No member shall be permitted by the committee to sub-let, give on leave and license basis or care-taker basis his flat or any part thereof or part with its possession in any manner unless; Application for permission to sub-let etc.
(i) he has made an application in the prescribed form;
(ii) he has furnished the application for normal membership of the proposed sub-letee, licensee, care-taker or possessor in the prescribed form;
(iii) his application contains the undertaking that-
(a) he shall, by joining the society as a party to the proceedings, initiate necessary legal proceedings against the sub-letee, licensee, care-taker or possessor, on his failure to get vacant possession of the flat or part thereof on expiry of the period of subletting giving on leave and license or care-taker basis the flat or part thereof or parting with its possession in any other manner and meet the cost of the legal proceedings required to be incurred by the society;
(b) he shall pay the charges of the society every month during the period of sub-letee, license etc.
(c) he shall pay non-occupancy charges to society, Non-occupancy charges shall be charged in accordance with the circular issued by the Government of Maharashtra/Commissioner for co-operation form time to time and shall not be levied if the flat is occupied by the “Family” of the member as defined under these bye-laws
Provided that while permitting sub-letting, giving on leave and licence or care-taker basis the flat or part thereof or permitting parting with its possession in any other manner, the committee shall restrict the period thereof 11 months or for more period as desired by the Managing Committee which may, on the request of the member be extended for similar period or part thereof form time to time.
(d) Non-occupancy charges shall not be levied to the flat purchaser who is attending to become a member and who submits the documentary evidance thereof.
44. The procedure for disposal of the application for permission for sub-letting, giving a leave and licence or care-taker basis, flats or part thereof or parting with their possession in any manner, as laid down under bye-law No.65 shall be followed by the Secretary and the Committee of the society. Procudure for disposal of applications for sub-letting etc.
45. No member of the society shall assign, mortgage or create any charge his occupancy right in the flat without the previous permission in writing the committee.
Provided that such permission of the society will not be required for assigning mortgaging or creating any charge on the occupancy right in the flat for the purpose of obtaining loan, either for purchase of the flat or for liquidating the liability incurred by him for the said purpose by way of loan or advance form the employer of the member or form the life Insurance Corporation of India or from a Bank or the Society or any other agency approved by the Commissioner for Co-operation and Registrar, C.S.M.S. Pune. Restrictions on assignments of occupancy right in the flat.
III. RESPONSIBILITIES AND LIABILITIES OF MEMBERS
(A) Maintenance of flats by Members
46. Every member shall keep his flat clean. Flats to be kept clean.
47. (a) No member shall, without the previous permission of the Committee in writing, make any additions to or alterations in his flat. Addition and alterations in a flat permissible with the Committee’s permission.
(b) The member, desirous of making any additions to or alterations in his flat shall make an application to the Secretary of the society, giving all the required particulars. Further action on such application shall be taken by the Secretary and the Committee of the society as provided under bye-law No. 65. Applications for permission for making additions and alterations in a flat.
48. (a) For facilitating discharge of functions mentioned under the bye-law No. 156 by the Committee, every member shall allow the Secretary of the Society, accompanied by any other member of the committee, to enter upon his flat with prior intimation to the member, to examine its condition for ascertaining the repairs, if any, necessary. The Secretary of the society shall make a report to the committee, indicating therein the particulars of the repairs to be carried out by the society at its cost and those by the members at their cost. Examination of flats and report about Repairs to Flats.
(b) On receipt of such report, the committee shall ascertain the cost involved in the repairs, which are required to be carried out by the society at its cost as provided under the bye-law No. 160(a) and cause the notice to be served on the member for such period as 5the committee thinks adequate, of its intention to carry out the repairs and there-upon the member concerned shall allow the workmen engaged by the society directly or through its architect, access to his flat for carrying out the repairs. If the member concerned fails to give access to his flat, without reasonable and convincing reasons, the Secretary of the society shall have authority to enter upon the flat and carry out the work under the supervision of the member of the Committee duly authorised by it in that behalf or the architect appointed by the society. Notice to the member about carrying out repairs in his flat by the society at its cost
(c) In respect of the repairs to be carried out by the member at his cost, the committee shall cause the notice to be served on the member, indicating therein, the particulars of repairs necessary at his flat and calling upon him to carry out the repairs to his flat to the satisfaction of the architect approved by the society, if any, at his cost, within such period as the Committee may allow. On his failure to comply with the notice, the Secretary of the Society or the architect appointed by the society shall have authority to enter upon the flat and cause the repairs to be carried out after giving due notice to the member concerned. The amount spent by the Society on such repairs shall be recoverable from the member concerned. Notice to the member for carrying out repairs to his flat at his cost.
49. No member, without the previous permission of the Committee, in writing shall stock or store any king of goods or materials, which are combustible abnoxious or other goods, for the storing of which requires permit/sanction of the competent authority under any law relating thereto. Restriction on storing of certain goods
On the notice board of the society, invite offers for price proposed to be paid for acquiring interest in the flat, within such period as is mentioned in the notice.
(iv) On receipt of the offers, the committee, in its meeting, shall scrutinize the same and decide to accept the offer which is highest, which shall not be less than the approved value as determined in (ii) above.
(v) The Committee shall then advise the person, offering the highest price to make an application for membership of the society, in the prescribed form alongwith a demand draft for the price offered, value of 5 Shares of the Society and the entrance fee of Rs. 100/-.
(vi) On realization of the demand draft and within one month of the admission of the said person to membership of the Society, the committee shall arrange to pay the value of the interest in the flat realized by the society.
(a) To the member whose resignation has been accepted by the committee, or
(b) To the nominee/s legal heir/s of the deceased member who demanded payment of the value of the shares and the interest in the capital or property of the society or
(c) To the expelled member Together with the value of the shares as determined under (i) above and after deducting the following
(1) outstanding amounts, if any, due from such member.
(2) The entire expenses of the publication of the notice.
(3) Expenses incurred for the disposal of the interest of the member in the property/capital of the society
The payment shall be made in the manner provided under the bye-laws Nos 36,37 and 55 to the nominee/nominees ir heir/heirs, respectively.
VIII. LEVY OF CHARGES OF THE SOCIETY
67. The contribution to be collected from the members of the Society, towards, outgoing and establishment of its funds, referred to in these bye-laws as ‘the charges’ may be in relation to the following :
(i) Property Taxes, (ii) Water Charges, (iii) Common Electricity, (iv) Contribution to Repairs and Maintenance Fund, (v Expenses on repairs and maintenance of the lifts of the Society, including charges for running the lift, (vi) Contribution to the Sinking Fund, (vii) Service Charges, (viii) Car Parking Charges, (ix) Interest on the defaulted charges, (x) Repayment of the instalments of the loan and interest, (xi) Non-occupancy Charges, (xii) Insurance Charges, (xiii) lease rent, (xiv) Non-agricultural tax; (xv) Any other Charges. Composition of the Charges of the society.
68. The service charges of the society referred to awt (vii) above shall include the following:
(1) Salaries of the office staff, liftman, watchmen, malis and any other employees of the Society.
(2) Where the society has Independent Office, the property taxes, electricity charges, water charges etc. for the same.
(3) Printing, stationery and postage,
(4) Travelling Allowance and conveyance charges to the staff and the members of the committee of the society.
(5) Sitting lees paid to the members of the Committee of the Society
(6) Subscription to the Education Fund of the Maharashtra Rajya Sahakari Sangh Ltd.
(7) Annual Subcription of the Housing federationand any other co-operative institution to which the society is affillated.
(8) Entrance fees for affiliation to the Housing federation and any other cooperative institution.
(9) Audit Fees for internal, Statutory and reaudit, if any
(10) Expenses incurred at meetings of the general body, the committee and the Sub-Committee, if any
(11) Retainer fees, legal charges, statutary enquiry fees.
(12) Common electricity charges
(13) Any other charges approved by the General Body at its Meeting. However such charges should not contradict the provisions of the Act, Rules and bye-laws of the society. Break-up of Service Charges of the society.
69. (a) the committee shall apportion the share of each towards the charges of the society on the following basis :
(1) Property taxes : As fixed by the local Authority
(2) Water Charges : On the basis of total number and size of inlets provided in each flat.
(3) Expenses on repairs and maintenance of the buildings/buildings of the society: At the rate fixed at the general body from time to time, subject to the minimum of 0.75 percent per annum of the construction cost of each flat for meeting expenses of normal recurring repairs.
(4) Expenses on repairs and maintenance of the lift, including charges for running the lift : Equally by all the members of the building in which lift is provided, irrespective of the fact whether they use the lift or not.
(5) Sinking Fund : As provided under the bye-law No. 13(c).
(6) Service Charges : Equally divided by number of flats.
(7) Parking Charges : At the rate fixed by the general body of the society at its meeting under the bye-law No. 84/85.
(8) Interest on the delayed payment of charges: At the rate fixed under the bye-law No. 72 to be recovered from the dafaulter member.
(9) Repayment of the instalment of the loan and interest : The amount of each instalment with interest fixed by the financing agency.
(10) Non-occupancy charges : At the rate fixed under the bye-law No. 43(2)(iii)(c).
The Committee shall take further action in the matter as indicated in the bye-law No. 61 Sharing of the Society’s Charges by the members.
60. The nominal member, who is the sublettee or care-taker or possessor in any other manner of the flat or the part thereof shall cease to be as such member of the society;
(1) In his death.
(2) On his resignation having been accepted by the Committee.
(3) On the cessation of the membership of the original member.
(4) On the expiry of the period for which the flat or part thereof was permitted to be sub-let, given on leave licence or care-taker basis or occupied in any other manner.
Note : The words ‘original member’ used in the bye-laws Nos. 57, 58, 59 and 60 mean the member, with whom the associate members held the shares of the society jointly, the firm, the Company or any other Body Corporate, on whose behalf the nominal member occupies flat in the society’s building or the member who has been permitted to sub-let, give on leave and licence or care-taker basis his flat or part thereof or part with its possession in any other manner.
The Committee shall take further action in the matter as indicated in the bye-law No.61. Circumstances under which a Sublettee, licence, care-taker ceases to be the nominal member.
61. The committee shall record the facts of cessation of members membership of the society under the bye-law No.57 and of associate and nominal member’s membership respectively under the bye-laws Nos. 58,59,and 60, in the minutes of its meetings and accordingly the Secretary of the society shall inform the concerned members in writing within 7 days of the dates of such decision of the committee. Action by the Committee on cases of cessation of membership of the society.
(D) Restrictions on Holding more than One Flat
62. Individual member of the Society may hold more than one flat, in the building/s of the society in his name or in the name of any of the members of his family subject to the conditions as provided under the provisions of section 6 of the “Act” Holding of flats by member.
(E) liabilities of a Member and the Past Member
63. The Liability of a member of the society shall be limited to his shares-holding in the society. Liability limited to unpaid amount on Shares.
64. The liability of the past member of the Society for the debts of the Society, as they stood on the date of the cessation of his membership and the liability of the estate of the deceased member of the Society for the debts of the society as they stood on the date of his death shall continue for the period of 2 years from the date of his cessation or death respectively as per the provisions of Section 33(1) of the Act. Liability of the past member.
(F) Other Matters
65. (a) All the applications for(i) admission to membership of the Society, including associate and nominal membership, (ii) approval to the transfers of Shares and interest in the capital/property of the Society, (iii) permission for subletting or giving flats or parts thereof on leave and licence or care-taker basis, (iv) permission for additions and alterations in flats, (v) allotment of parking spaces and stilts, (vi) permission for exchange of flats, (vii) permission for holding, additional flats,(viii) permission for assigning, mortgaging or creating charge or interest in flats, (ix) permission for use of terrace, and (x) for any other purpose provided under the bye-laws but not specifically mentioned above, shall be addressed to the Secretary of the Society, Every application received by the Secretary shall be acknowledged by him.
(b) On receipt of the applications, the Secretary of the Society shall scrutinize them and bring any short-coming therein to the notice of the members concerned within 7 days of their receipt for compliance.
(c) The Secretary shall place all the applications, compete in all respects, or incomplete, before the meeting of the Committee or the general body, as the case may be held next after receipt of the applications.
(d) The Committee or the general Body, as the case may be, shall consider all such applications at its meetings and take decisions thereon.
(e) The Committee shall ensure that all the applications received by the Secretary of the Society are disposed off within the maximum period of 3 months from the dates of their receipt.
(f) If the Committee or the General Body, as the case may be, rejects any applications, it shall record, in the minutes of its meetings, the reasons for rejection of the applications.
(g) The Secretary of the Society shall communicate the decisions of the Committee or the General Body, as the case may be, to the applicants concerned within 15 days of the decisions of the Committee or the General Body, as the case may be. If the society does not communicate the decision to the applicant within three months from the date of receipt of application for membership; including nominal or associate membership, the applicant shall be deemed to have been admitted as a member as provided under Section 22(2) of the Act. Disposal of applications.
66. Wherever the question of payment of the value of the shares and the interest of any member of the society, in its capital/property ,as the result of acquisition of the same by the society arises, the following procedure shall be followed :
(1) The value of Shares shall be decided in accordance with the provisions of Rule 23 of the Rules,
(2) The interest of the expelled member in the property/capital of the society shall be valued by the Government approved valuer.
(3) Within one month of the date of demand for payment of the value of the shares and interest n the capital/property of the Society, or acquisition of the same by the Society, the Committee shall, by publication of the notice in atleast two widely circulated news paper and exhibition thereof.
(4) Insurance Charges : The built up areas of each flat, provided that if there is increase in the Insurance premium due to storing any specific goods in any flat, used for commercial purposes, the extra burden of Insurance premium in proportion of the built up areas to their flats.
(xii) Lease Rent : The built up area of each flat.
(xiii) Non-Agricultural tax : As may be decided by the general body of the society as its meeting. Payment of the value of shares and interest of a member or past member of the Society.
(b) The Committee shall fix in respect of every flat that the society charges or the basis laid down under the bye-law No. 69 (a). Committee to fix Society’s Charges in respect of every flat.
70. The Secretary of the Society, shall prepare bill/demand notice in respect of the charges of the society payable by members on the basis of the bye-law No. 69 (a) an issue the same to all the members on or before the date fixed by the Committee in that behalf. Every member of the Society shall pay the amount mentioned in the bill/demand notice in full within such period as may be fixed by the committee. Payment of the Society’s Charges.
71. A member shall be deemed to have committed default in payment of the charges of the Society, if the payment mentioned in the demand notice/bill is not made within the period as prescribed under Section 73FF(c) of the Act. The Secretary of the society shall bring the cases of defaults in payment of the Society’s charges to the notice of the Committee for taking further necessary action. Review of the cases of defaults in payment of the charges of the Society.
72. A member shall be required to pay simple interest at such rate as is fixed by the general body of the society at its meeting, subject to the maximum of 21 percent per annum, on the charges of the Society, from the date the amount was delayed till its payment not paid by the member within the period as prescribed under bye-law No. 70. Interest on the defaulted charges.
IX. INCORPORATION, DUTIES AND POWERS OF THESOCIETY
73. The registration of the society shall render it a body corporate by the name under which it is registered, with perpertual succession and common seal and with power to acquire, hold and dispose of the property, to enter into contracts and other legal proceedings and to do all such things as are necessary for the purpose for which it is constituted. Incorporation
74. The common seal of the Society shall be in the custody of the Secretary of the Society and shall be used under the authority by means of resolution of the committee and the deeds of conveyance, share certificate or any other documents, to which the seal is affixed on behalf of the Society, shall be attested by the Chairman, the Secretary and one member of the Committee, authorised by the Committee in that behalf. Common Seal.
75. The society shall have a charge on the shares and/or interest of a member present or past, in the capital/property of the society and upon any dividend, bonus or profits, payable to a member in respect of any charges due from such member or past member to the society and may set off any sum credited by or payable to a member, in or towards the repayment of such charges, as provided under Section 46 of the Act. Charge and set off in respect of shares and interest of a member of the Society
76. (a) The member, person/firm who had purchased the flat under an agreement under Section 4 of the Ownership Flats Act, or acquired interest in the flat on transfer of the same by existing member with previous permission of the society, shall be deemed to have been allotted the same flat by the society subject to the terms and conditions set out in the letter of allotment in the prescribed form, including subsequent modifications made by the society to it. Flat purchased is deemed to have been allotted
(b) No member of the Society shall use the flat deemed to have been allotted to him under (a) above, for a purpose other then that mentioned in the letter of allotment, without the previous consent in writing of the Committee Change of user not permissible without the sanction of the committee
OR
(APPLICABLE FOR PLOT-PRUCHASED TYPE SOCIETY)
76. (a) The allotment of flats in the building/buildings of the society shall be made to its members on the basis of (1) the first come first served, (ii) full payment of the demands, made by the society from time to time or (iii) by drawing lots as may be decided by the General Body Meeting. The Secretary of the society shall issue letters of allotment of flats in the prescribed from to the respective members and obtain confirmation letters from them. Policy for allotment of flats.
(b) 1) No member shall be eligible to get possession of the flat allotted to him unless he has made full payment towards shares, cost of construction, repayment of the loan instalments, which have fallen due and/or any other charges demanded by the society, under these bye-laws. Handing over possession of flats.
2) The committee shall, after getting occupation or completion certificate form the local authority, scrutinize the allotment register from time to time and issue instructions to the Secretary of the Society to hand over possession of flats to the respective members who have complied with the provisions of the bye-laws No. 76(a), as per allotment register and obtain certificates of possession from the allottee members. To obtain certificate of possession from the allotee members.
(c) Where any member fails to pay any calls made by the society under the bye-law No. 76(a), within the time allowed to him by the committee the allotment of the flat made in his favour, shall stand cancelled and the Secretary of the society, under instructions from the Committee, shall Inform the member accordingly. Where such cancellation has been made, the flat may be allotted to other applicant approved by the committee, if a member, whose allotment is cancelled, makes payment of the calls and committee at its meeting may consider the matter regarding are allotment of any other flat to him if it is available for allotment. Cancellation of allotment of flats.
d) No member of the society shall use the flat deemed to have been allotted to him under (a) above, for a purpose other then that mentioned in the letter of allotment, without the previous consent in writing of the Committee. Change of user not permissible without the sanction of the Committee.
77. The Society shall cause the STRUCTURAL AUDIT of the building of the society as follows:;-
1) For the building ageing between 15 to 30 years ___________ once in 5 years.
2) For the building ageing, above 30 years _______________ once in 3 years.
Such STRUCTURAL AUDIT shall be conducted by the Architects from the panel of the Municipal Corporations in case of the societies, which are in the limits of Municipal Corporations. Incase of their societies such structural audit shall be carried by the Govt.Approved Architect. Society to carry out structural Audit.
78. (a) Member may hold Parking Space/stilt if he has purchased the same, and he shall have right to sell the same to transferee or other eligible member of the same society.
(b) The allotment of Parking Space/stilts shall be made by the Committee on the basis of “First Come First Served”, for unsold and available parking spaces. However in case of parking Space/stilts allotted by the society the member shall have no right to sell or transfer the said allotted Parking Space/stilts, to anybody. Policy of allotment of parking spaces, and stilts.
79. No member shall be entitled to utilize more parking spaces/stilts than what is allotted to him by the committee, or which he has purchased. Restriction on parking spaces, stilts.
80. Where any stilts have been built or open space in the Society’s compound is available for parking of cars, the society shall number the stilts or open space in such a way that no inconvenience would be caused to any of the member of the society. The Committee shall ensure that the space is used by the members for the purpose for which it is allotted to them. Marking of parking spaces, or stilts.
81. A member, having a motor vehicle, will only be eligible to have stilts or a parking space. No member shall normally be eligible for being allotted more than one stilts or a parking space for parking the car owned by him or allotted to him by his employer, or the firm of which he is the partner or the company of which he is the director, if any stilts or parking spaces may be allotted to the same member who has earlier been allotted the stilt or parking space. Such allotment of 2nd or 3rd stilts/parking space shall be made on year to year basis, provided the same is not required by another member, who is not allotted even a single stilt/parking space. Eligibility for allotment of stilts or parking spaces.
82. In case the number of vehicles of eligible members are in excess then the available parking space/stilts, the menaging committee shall allot such parking space/stilts by “lot” on yearly basis.
83. The member, desiring to have stilt or a parking space, may make an application to the Secretary of the society giving necessary details. The procedure for disposal of applications for permission under this bye-law, as laid down under the bye-law No. 65, shall be followed by the Secretary and the Committee of the Society. Application for allotment of stilts or parking spaces.
84. Every member, who has been allotted the stilt or the parking space shall be required to pay the parking charges at such rate as may be decided by the general body of the society at its meeting, irrespective of the fact whether he actually parks his motor vehicle or not. Where a member has been allotted more than one stilt/parking space, he shall pay parking charges is respect of every such stilt or parking space, as decided by the General Body Meeting. Payment of charges for parking of vehicles.
85. Every member, having a scooter, a motor cycle, or an auto rickshaw shall obtain prior permission of the Committee for parking his vehicle in a compound of the society and pay the charges fixed by the General Body of the Society at its meeting. Parking of other vehicles.
X. GENERAL MEETINGS
(A) First General Meeting
86. The first general body meeting of the promoters, who have signed the application for registration of the Society, shall be held withing the period of 3 months of the date of the registration, of the society, as provided under Rule 59 of the Rules. It shall be the responsibility of the chief Promoter of the Society to convene the said meeting withing the stipulated period. Holding of the first general meeting within the stipulated period.
87. On failure of the Chief Promoter of the society to hold the first general body meeting within the period, mentioned in the bye-law No. 86, the Registering Authority shall cause it to be called. Calling the first general meeting by the Registering Authority.
88. Forteen clear days Notice of the first general body meeting of the Society shall given by the Chief Promoter of the Society or as the case may be, by the officer authorised by the Registering Authority, to all the promoters, who have signed the application for registration of the society. Period of notice for the first general meeting.
89. (a) At the first general meeting of the society, the following business shall be transasacted.
(1) Election of a president for the meeting.
(2) Admission of new members (other than the promoters ) who have applied for membership of the society.
(3) Receiving and approving the statement of accounts, as prepared by the Chief Promoter of the Society, upto 14 days prior to the date of the first general meeting of the Society.
(4) Constitution of a Provisional Committee until regular elections are held under bye-laws of the society. The Provisional Committee shall have the same powers and functions as the committee elected in accordance with the bye-laws.
(5) Fixing the limit upto which funds may be borrowed.
(6) Authorizing the committee to secure conveyance of the right, title and the interest in the property, in the name of the Society, from the Promoter (Builder).
(7) Appoint internal auditor of the Society for the year, it necessary and fix his remuneration.
(8) Authorise one of the members of the provisional Committee to call the first meeting of the Provisional Committee.
(9) Consider affiliation of the society as member of the Housing Federation of the District and other institutions mentioned in the bye-law No. 6.
(10) Consider any other matter to be brought before the meeting with the permission of the Chair, expecting those requiring proper notice. Functions of the first general meeting.
(IN ADDITION FOLLOWING ARE APPLICABLE FOR PLOT-PURCHASED TYPE SOCIETY)
(11) To review and approve the report of the Chief Promoter of the Society regarding the work done with reference to the financial and physical aspects of the scheme of construction.
(12) To confirm the agreement for purchase of the plot/building for the society, entered into by the Chief Promoter of the society with the vendors.
(13) To approve the site plan and the scheme of construction.
(14) To confirm the appointment of the architect of the society made by the Chief Promoter of the society or to appoint an architect if no such appointment is made by the Chief promoter of the Society or to appoint a new architect in place of the one already appointed.
(b) Where the first general meeting fails to elect a Provisional Committee the Registering authority shall able component to nominate such a committee, including the Chairman and the Secretary on the society for a period of one year. Nomination of a provisional committee by the Registering Authority.
90. The person, who presides over the first general meeting shall record the minutes of the meeting, sign them and hand them over to the Secretary of the society elected at the first meeting of the provisional Committee or nominated by the Registration Authority under the bye-law No. 89(b). Recording of minutes a the first general meeting.
91. The Chief Promoter of the Society shall, immediately after election of the office-bearers of the society, at the first meeting of the Provisional Committee or its nomination by the Registering Authority under the bye-law No. 89(b), hand over to the Chairman of the Society or any member of the Provisional Committee authorised by it in that behalf:-
(1) all records of the society, particularly the copy of the application for registration of the society, received back form the registering Authority.
(2) The copy of the bye-laws of the society registered by the Registering Authority.
(3) The certificate or registration of the society.
(4) The challans for credit of amounts into the bank.
(5) The counterfoils of the used cheques and the unused forms of the cheques.
(6) The bank pass books.
(7) The copies of all the agreements entered into by him with different parties.
(8) The statement of accounts as prepared by him.
(9) The application for membership.
(10) The statement of information of the promoters
(11) The vouchers for amounts spent,
(12) The cash balance, if any.
(13) The site plan/The scheme of construction (for plot purchase type)
(14) The minutes of the first general meeting of the society.
(15) The files of the correspondence with Registering Authority, the Local Authority.
(16) And all such other records and assets of the society as are in the possession, leaving nothing with him. Handing over records by the Chief Promoter of the Society.
92. The Provisional Committee or the Nominated Committee shall have the same powers and the functions as the committee duly elected in accordance with the bye-laws of the society. Powers of the provisional Committee.
93. The Provisional Committee or the Nominated Committee shall be in office for a period of one year, or until the regular elections are held under the Bye-Laws of the society. Period of Office of the Provisional Committee.
94. The Chairman of the Provisional Committee or the Nominated Committee shall hand over charge of all the assets and papers of the Society to the Chairman of the newly elected Committee at the time of its first meeting, leaving nothing with him/them including the record mentioned under bye-law No. 91. Handing over charge by the Provisional Committee.
(B) Annual General Body Meetings
95. The annual general body meeting of the society shall be held on or before 14th August each year or within the extended period as provided under Section 75(i) of the Act. Period of AGM meeting.
96. The annual general body meeting of the Society shall transact the following business:-
(1) to read the minutes of the last annual general body meeting of the society and the special general body meeting of the society, if any to note the action taken thereon,
(2) to receive from the committee, the report on the preceding co-operative year’s working, together with the statement of accounts in from ‘N’ prescribed under Rule 62(1) of the Rules, showing the income and expenditure during the preceding co-operative year and the balance sheet as at the close of the preceding co-operative year.
(3) To consider audit memorandum, if received from the Statutory Auditor, for the previous co-operative years or years, along with audit rectification report of the committee thereon.
(4) To declare the result of election to the committee. If election to the committee has taken place prior to the annual general body meeting of the Society;
(5) To appoint an auditor, for the Statutory Audit, from the panel maintained by the Registrar.
(6) To consider any other matters, specifically requiring decisions, concurrence or sanction of the general body meeting of the society by virtue of the provisions in the Act, Rules and the bye-laws of the society,
(7) To consider any important communications received from the Registering Authority, the Statutory Auditor, Government, Collector, Local or any other competent authority,
(8) To consider any other matter, with the permission of the Chair, expecting those requiring proper notice, after the regular agenda is over and which are permitted under the provision of the Act, Rules & bye-laws. Functions of the annual general body meeting of the society.
(C) Special General Body Meetings
97. A special general body meeting of the society may be called at any time at the instance of the Chairman or by the decision of the majority of the Committee and shall be called within one month of the date of the receipt or requisition, in writing signed by at least 1/5 th of the members of the society or from the Registering Authority or from the Housing Federation, to which the Society is affiliated. The meeting so convened shall not transact any business, other than that mentioned in the notice of the meeting. When a special general body meeting should be called.
98. The requisition for the special general body meeting of the Society, under the bye-law No.97 shall be placed within 7 days of its receipt, before the meeting of the Committee, by the Secretary of the Society, for fixing the date, time and place for the special general body meeting of the Society. Fixing date, time and place for a special general body meeting requisitioned.
99. The committee shall decide the date, time and place of every general body meeting of the society and the business to be transacted thereat; provided that the business to be transacted thereat; provided that the business to be transacted at the requisitioned special general body meeting shall be only that mentioned in the requisition. The notice convening the general body meeting shall be issued by the Secretary of the Society accordingly. On his failure to issue the notice, the chairman shall issue it. Notice of a general body meeting.
100. In case of the annual general body meeting 14 clear day’s notice and in the case of the special general body meeting, 5 clear day’s notice of the meeting shall be given to all the members of the society, under intimation to the federation and to the Registering Authority. In case of an emergency, the special general body meeting may be called even at a shorter notice, if the Committee unanimously decided to call the special general body meeting at a shorter notice. The agenda of such emergency meeting and the reasons of emergency for which the meeting is called shall be communicated in writing to all the members. Also the decision of such meeting shall be communicated in writing to all the members, within two days of such meeting. Period of notice of a general body meeting.
101. The quorum for every general body meeting of the society shall be 2/3rd of the total number of members of the society or 20, whichever is less. Quorum for the general body meeting.
102. If within half an hour after the time appointed for general body meeting of the Society, there is no quorum, the meeting. If convened upon the requisition of the members, shall be dissolved. In any other case, it shall be adjourned to a later hour on the same day and at the same place, as may have been specified in the notice, calling the general body meeting of the Society or to a subsequent date, not earlier than 7 days and not later than 30 days and at such adjourned general body meeting shall be transacted, whether there is quorum or not. Holding of the adjourned general body meeting.
103. If all the business on the agenda of the general body meeting of the Society cannot be transacted on the day on which the general body meeting held. The meeting shall be postponed to any other suitable date, nor later than 30 days from the date of the meeting, as may be decided by the members present at the meeting. Postponement of the general body meeting which cannot complete the business of the agenda.
104. The chairman of the society shall preside over all general body meetings of the society, provided that if the chairman is absent or if present and is unwilling to preside, the members present may elect a person from amongst themselves to preside over it. Chairman of the Society to preside over all the general body meetings.
105. No proxy or a holder of power of attorney or letter of authority shall be eligible to attend a general body meeting of the society on behalf of a member of the society. Restricition on attending a general body meeting by a proxy.
106. Voting right of a member and an associate member of the society shall be regulated in accordance with the provisions of Sections 27(1) and (2) (3) & (3) A of the Act. Voting right of a member.
107. At a general body meeting of the society, every member of the society and in his absence, his associate member shall have one vote only. In case of equality of votes, the Chairman of the meeting shall have a casting vote. One member One vote.
108. Unless otherwise specifically provided under the Act, the Rules and the Bye-laws of the society, all questions at a general body meeting of the society shall be decided by a simple majority of those present and voting at the meeting. How decisions shall be taken.
109. The committee shall finalise the draft minutes of every general body meeting of the society within 3 months of the date of the meeting and circulate the draft minutes amongst all the members of the society within 15 days of the meeting of the committee at which draft minutes were finalized. The members of the society may communicate to the secretary of the Society, their observations, if any, on the draft minutes, within 15 days of the date of their circulation. The committee, as its subsequent meeting, shall prepare the final minutes of the general body meeting after taking into consideration the observations, if any, made by the members on the draft minutes and cause them to be recorded in the minutes book, by the Secretary of the Society or any other person authorised in that behalf. Recording of the minutes of the general body meetings.
110. No resolution can be brought at a general body meeting of the society, canceling its previous resolution, unless 6 clear months have expired, after passing of the previous resolution. Cancellation of the previous resolution of the general body meeting.
XI. MANAGEMENT OF THE AFFAIRS OF THE SOCIETY
111. Subjects to the provisions of the Act, the Rules and the Bye-laws of the Society, the final authority of the society shall vest in its general body meeting summoned in such manner as is specified in these bye-laws. General body meeting to be the supreme authority.
112. The Management of the Affairs of the society shall vest in the Committee duly constituted in accordance with provisions of the Act, the Rules and the Bye-laws of the Society. Management of the society to vest in the Committee.
113. Subject to the direction given or regulation made by a meeting of the general body of the society, the Committee shall exercise all powers, expressly conferred on it and discharge all functions entrusted to it under the bye-law No. 139. Exercise of powers by the Committee.
114. A Banking Account shall be opened by the society in the nearest state or District Central Co-op Bank or it’s branch and the account shall be operated upon and all acquaintances and discharges shall be signed by the Secretary jointly with the Chairman or treasurer. Opening to Banking Account.
115. The Committee shall consist of 5*/7/9/11 members of the society. This strength includes the reservation of seats for women members as provided under section 73 BBB of the Act. Strength of the Committee.
Note :- *The strength of the managing committee and strength of the quorum for conducting the meeting would be as under:-
No. Members Strength of the M.C Quorum in M.C.
General Women Total
Upto 50 4 1 5 3
51 to 100 6 1 7 4
101 to 300 8 1 9 5
301 and above 9 2 11 6
*Stike out whichever is not required.
*Explanation :- In case women members are not available or not willing to represent on the committee, the seats reserved for them may be filled from other eligible members.
116. (a) Election of all the members of the Committee shall be held once in 5 years in accordance with the Election Regulations annexed hereto (vide Annexure iii) the retiring members of the committee shall be eligible for re-election. Election of the Committee.
(b) In the event of receipt of inadequate valid nominations, required to constitute the full committee, the General body at its meeting shall fill in the vacancles by election. On the failure of the general body meeting to elect the required number of members to constitute the Committee.. the elected members of the committee shall be completent to fill in the same by co-option whether they form the quorum or not, not withstanding the provisions of the bye-law No. 127 regarding the quorum. Actions if the nominations received are less than the number of seats to be filled in.
117. No officer of the Society shall have any interest, directly or indirectly, otherwise than as such officer :-
(a) In any way contact made with the society.
(b) In any property sold or purchased by the society,
(c) In any other transaction of the society, expect as investment made in or loan taken from the society for provision of residential accommodation by the society to any paid employee of the society. Prohibition against being interest in the society.
118. No person shall be eligible for being elected as a member of the Committee or co-operated on it, if :
(1) he has been convicted of the offence, involving moral turpitude, unless the period of six years has elapsed since his conviction,
(2) he defaults the payment of dues to the society within three months from the date of service of notice in writing, served either by hand delivery or by post (under certificate of posting). Demanding the payment of dues.
(3) He has been held responsible under Section 79 or 88 of the Act or has been held responsible for the payment of the costs of enquiry under Section 85 of the Act.
(4) He has without the previous permission of the society, in writing, sublet his flat or part thereof or given it on leave and licence or caretaker basis or has parted with its possession in any other manner or has sold his shares and interest in the society.
(5) In case of an associate member, non-submission of the no-objection certificate and undertaking, as prescribed under these bye-laws, by the member. Disqualification for election to the committee.
119. In a general election of members of the committee of a society, on the election of two-thirds or more number of members, the returning officer or any other officer or authority conducting such election shall within seven days after the declaration of results of the election of such members, or where such election is held before the date of commencement of the Maharashtra Co-operatives Societies, (Second Amendment) Act, 1986 (Mah. XXXVII of 1986), and such number of members have been elected but the committee has, for whatever reason, not been so far constituted, forward their names together with their permanent addresses to the Regstrar, who shall, within fifteen days from the date of receipt thereof by him, publish or cause to be published such names and addresses by affixing a notice on the Notice Board or at any prominent place in his office; and upon such publication , the committee of the society shall be deemed to be duly, constituted. In determining two-thirds of the number of members, a fraction shall be ignored. Constitution of the Committee.
120. (1) A person shall cause cease to be the member of Committee, if :
(a) He has incurred any of the disqualifications mentioned under the byelaw No. 118 or:
(b) He has failed to attend any three consecutive monthly meetings of the committee, without the leave of absence. Cessation of a member of the committees
(2) If a member of the Committee attracts any of the disqualifications under the bye-law No. 120 (1), the committee shall record the fact in the minutes of its meeting and the Secretary of the Society shall inform the member and Registrar accordingly. Such member shall cease to be the member of Managing Committee
Intimation of cessation of the Committee.
121. No member of the committee shall be present at the consideration of any matter, in which he is directly or indirectly interested. Restrictions on being present at the time of consideration of a matter in which a member of the Committee is interested and voting on such matter.
122. The period of office of the Committee elected under the bye-law No. 116(a) shall be for 5 years. Period of Office of the elected Committee.
123. (a) The first meeting of the newly elected and outgoing Committee shall be held within 30 days from the date of constitution of the new committee as per bye-law No. 119. The first meeting of the newly elected committee to be held within 30 days of its election.
(b) Subject to the provisions of the bye-law No. 123(a) the Secretary of the outgoing Committee shall issue notice of the first meeting of the newly elected Committee and the outgoing Committee to the members thereof. On the failure of the Secretary of the outgoing Committee to convence the said meeting, the chairman of the outgoing Committee shall call it. On the failure of both, the Registering Authority may call such a meeting. Issue of notice of the first meeting of newly elected committee.
124. All records of the society shall be kept at its premises, convenient to the Secretary, with the approval of the committee of the Society. Custody of the records of the society.
125. When the new Committee is elected, the Secretary of the outgoing Committee shall prepare the list of papers and property of the society in his custody and hand over the charge thereof to the outgoing Chairman. The retiring Chairman shall hand over charge of the office of the committee and all papers and property of the society, in his possession to the chairman of the new Committee, as per provisions contained in Section 160 of the Act. Handing over charge by the outgoing committee.
Note: The Word “paper” used in this bye-law and any other bye-laws shall mean all or any items mentioned in the bye-law Nos.142 and 143.
126. (a) Every Committee, at its first meeting, after its election, shall elect a Chairman, Secretary and Treasurer from amongst the member of the Committee. Election of office bearers of the Society.
(b) The chairman, Secretary and Treasurer of the society shall hold office for the period of 5 years from the date on which he is elected to be the Chairman or as the case may be the Secretary and Treasurer, but not beyond the expiry of term of the Committee.
Provided that he shall cease to be the Chairman, or as the case may be the Secretary or treasurer of the Society, if the motion of ‘No Confidence’ is moved in the special meeting of the committee called and presided by Registrar or such officer not below the rank of a Assistant Registrar, upon the notice given by 1/3rds members of the committee and the motion of ‘No Confidence’ is passed by 3/4th members present at such meeting, having attendance of at least 2/3rd members of the committee, who are entitled to vote at the election of such chairman, secretary and treasurer.
Provided further that another motion of ‘No Confidence’ shall not be brought against the Chairman or as the case may be the Secretary or Treasurer of the society unless the period of 6 months has elapsed from the date of the preceding motion of the ‘No Confidence’ Period of office of the Chairman/Secretary and ‘No Confidence’ motion against either.
127. The quorum for a Committee meeting shall be *3/4/5/6 members of the Committee. It shall not be competent for the committee to transact any business unless there is the quorum at the time of consideration of every item on the agenda of the meeting of the Committee. Quorum for Committee meeting.
128. The Committee shall meet as often as necessary but at least once in a month. Number of Committee meeting to be held in month.
129. In the event of vacancies in the committee, caused on account of the death, resignation, disqualification or removal of any members of the Committee, by the Registrar the Committee may fill in such vacancies by co-option on the Committee of any other members eligible to be on the Committee, irrespective of the fact whether there is quorum or not, not withstanding anything contained in the bye-law No. 127. Casual vacancies in the Committee to be filled in by co-option.
130. The period of office of the co-opted member of the Committee shall be co-terminus with tenure of office of the Committee. The period of office of the member co-opted on the committee.
131. A member of the Committee may, by a letter, addressed to the chairman of the Society, resign his membership of the Committee. The resignation shall be effective from the date it is accepted by the Committee or on expiry of the period of one month from the date of the receipt of the letter of the resignation by the Chairman or the Secretary of the society, whichever is earlier. Resignation by a member of the committee.
132. (a) The chairman of the Society may resign his office as chairman by a letter addressed to the Secretary of the society.
(b) The Secretary or Treasurer of the society may resign his office as Secretary or Treasurer by a letter addressed to the Chairman of the society.
(c) Chairman/Secretary/Treasurer’s resignation will be effective only after its acceptance and handing over the charge to the newly elected Chairman/Secretary/Treasurer, as the case may be.
(d) The Committee may accept the resignation of the office of the chairman/secretary/treasurer only after it is satisfied that the chairman or as the case may be the Secretary or Treasurer of the society has brought uptodate the work entrusted to him and has produced the entire papers and properly of the society, in his possession, before the Committee.
(e) In case entire committee intends to resign, the resignation of the committee shall be placed before the General Body. The committee shall continue in office till alternate arrangement is made for the management of the society. Resignation of office bearship of the society.
133. The Secretary of the society shall give 3 clear day’s notice of every meeting of the committee to all the members of the Committee, which shall state the date, time and place of the meeting and the business to be transacted thereat, in consultation with the chairman of the society, where the meeting of the Committee, the chairman of the society shall issue it. If the Chairman and the Secretary of the society fail to issue a notice and agenda of any meeting of the committee, the concerned Housing Federation, of which society is affiliated, on its receipt of such information, may call such a meeting. Notice of meeting of the Committee.
134. The chairman of the society shall preside over all the meetings of the committee, provided that if at any meeting of the Committee, he is absent, those members of the Committee present shall elect one of them to be the Chairman for that occasion, who shall preside over the meeting. The chairman of the society to preside over the meetings of the Committee.
135. Every member of the Committee shall have one vote. However, in case of equality of votes, the chairman of the meeting will have a second or casting vote. All decisions shall be taken by majority of votes. One member one vote. Decisions by majority of the committee.
136. On a requisition by 1/3rd of the members of the Committee, the Secretary of the Society shall convene a special meeting of the committee within 7 days of the date of receipt of the requisition to discuss the matters mentioned in the requisition. On the failure of the Secretary of the society to convene such a meeting, within the time stipulated, the procedure laid down under the bye-law No. 133 shall be followed. A special meeting of the Committee at the instance of the 1/3rd members of the committee.
137. The Secretary of the society shall attend every meeting of the Committee and record its minutes and place the same for confirmation before the next meeting of the Committee, after the minutes are signed by the Secretary of the society and the chairman of the meeting. In the absence of the Secretary of the society, the chairman of the society shall make alternate arrangement for recording minutes of the meeting. Attending meetings of the committee and recording their minutes by the Secretary of the society.
138. The members of his Committee shall be jointly and severally liable for making good any loss, which the society may suffer on account of their negiligence or mission to perform any of the duties and functions cast on them under the Act. Rules and the bye-laws of the society. Joint and several liability of the members of the Committee.
139. Subjects to the bye-law No. 113 the Committee shall exercise the powers and discharge the functions and duties as mentioned hereunder : Powers, duties and functions of the committee.
Sr. No. Items of the powers, functions and duties The bye-law No. under which the power, function or duty falls
(1) (2) (3)
1. To consider acceptance of deposits from members and raising of funds. 11
2. To consider and recommend to the meeting of the general body, the rates of contribution of the Repairs and Maintenance Fund and the Sinking Fund. 13(a) and 13(c)
3. To consider all matters relating to the creation, investment and utilization of the Repairs and Maintenance Fund, Reserve Fund and sinking Fund. 12(i) and (ii) 14(a), (b) and (c) 15
4. To consider and decide the resignations received form members, associate members and nominal members. 27 to 30
5. To ensure that nominations and revocations thereof are recorded in the minutes of the meetings of the Committee. 33
6. To take action on the report of the Secretary on inspection of the flats. 48(b)
7. To take action on cases of cessation of membership, including associate and nominal membership. 61
8. To consider and decide the applications for various purposes received by the Society. 65
9. To consider and decide cases of refund of shares and interest in the Capital/Property of the Society where the shares and interest in the capital/property are acquired by the society. 66
10. To fix the rate of insurance premium in respect of commercial use of the flats. 69(a) (xi)
11. To fix in respect of every flat society’s charges on the basis of the proportion laid down under the bye-law No. 69(a). 69(b)
12. To review the position of recovery of the Charges due to the society from members and to initiate action against defaulting members 71
13. To verify compliance of the provisions relating to charging of interest in defaulted charges of the society. 72
14. To authorise a member of the Committee to attest deed of conveyance, share certificates and any other documents to which the seal of the society is affixed. 74
15. To issue letters of allotment of flats to those who have purchased flats from the promoter (Builder) 76(a)
OR
(FOR PLOT PURCHASED TYPE SOCIETY)
15 (1) To decide, subject to the Policy laid down by the meeting of the General Body, allotment of flats and to consider cancellation thereof.
76(a)
(2) To Scrutinise, the register of Allotment of flats and ensure handing over the possession of flats.
76(b)(ii)
16. To ensure holding of every annual meeting of the general body within the prescribed period. 95
17. To ensure that all matters required to be considered at an annual meeting of the general body are kept on the agenda of the meeting. 96
18 To call a special meeting of the general body when required. 97.
19 To arrange for election of a new Committee prior to expiry of the period of the existing Committee. 116(a)
20. To ensure that after elections new committee is duly constituted 119
21. To elect office-bearers of the society. 126(a)
22. To ensure that a meeting of the committee is held once in a month. 128
23 To fill in vacancies on the Committee. 129
24. To consider resignation of a member of the committee. 131
25. To consider resignation of an office bearer of the society. 132(c) (d)
26. To obtain securities from the paid employees of the society. 148
27 To approve the audit rectification reports of statutory and internal audits and to forward them to the authorities concerned. 154
28. To execute deed of conveyance of the land and building/buildings thereon. 155(b)
29. To take steps to maintain the property of the society in good condition and to carry out repairs to it and renewals thereof. 159
30 To insure the property of the society 161
31. To suggest to the general body meeting the rates of penalties for breaches of bye-laws and to issue show cause notices. 166
32. To regulate operation of the lift of the society 168
33. To suggest to the meeting of the general body the games to be allowed to be played in the compound of the society. 169
34. To consider and decide any other matters provided under the Act, the rules and the Bye-laws of the society but not expressly indicated hereinabove
35. To regulate parking in the society. 78 to 85
36 To ensure that the society is affiliated to Housing Federation and its subscription is regularly paid. 6
37. To take the decision on the complaint application in the coming committee meeting and inform the concerned member of its decision accordingly. 174
(IN ADDITION FOLLOWING ITEMS AT SR. NOS. 38 AND 39 ARE APPLPICABLE TO PLOT PURCHASED TYPE SOCIETY)
38. To enter into contract with the Architect of the society 158(f)
39. To scrutinize the tenders, received for construction work and to submit the same along with Committee’s report to the meeting of the General Body and to enter into contact with the contractor. 158(i)
140. The chairman of the society shall have the power of overall superintendence, control and guidance in respect of management of the affairs of the society, within the frame-work of the Act, the rules and the bye-laws of the society. In case of any emergency , the chairman of the society may be competent to exercise any of the powers of the Committee. However while doing so he shall record the reasons thereof in writing. Any decision, so taken by the Chairman of the Society shall, be got ratified in the next meeting of the committee. Powers of the chairman of the society.
141. The functions of the secretary of the society shall be those mentioned below: Functions of the Secretary.
Sr. No. Items of the Functions Bye-law No. under which it falls
(1) (2) (3)
1. To issue share certificate to members within the stipulated period and in the prescribed manner. 9 and 10
2. To dear with resignations from members including associate and nominal members. 27 to 30
3. To enter nominations and revocations thereof in the Nomination Register. 33
4. To inspect the property of the society 48(a) and 159
5. To issue notices regarding repairs to be carried out in flats. 48(b) (c)
6. To deal with cases of expulsion of members 51 to 56
7. To deal with cases of cessation of membership, including associate and nominal membership. 61
8. To deal with the applications for various purpose received by the society. 65
9. To prepare and issue demand notices/ bills for payment of the society’s charges . 70
10. To bring cases of defaults in payment of the society’s charges to the notice of the Committee. 71
11. To issue letter of allotment of flats 76(a)
12. To issue notices and agenda of al meetings of the general body 99
13. To record the minutes of all the meetings of the general body. 109
14. To call the first meeting of the newly constituted Committee. 123(b)
15. To issue notices of all the meetings of the Committee. 133
16. To attend meetings of the Committee and to record minutes thereof. 137
17. To maintain account books, registers and other records, unless otherwise decided by the Committee. 144
18. To finalise account of the society in the required manner. 147(a)
19. To produce records of the society before different authorities concerned with the working of the society with the consent of the Chairman. 153
20. To prepare the audit retification reports in respect of audit memos received from the Statutory and internal Auditors. 154
21. To bring breaches of the bye-laws by the members to their notices under instructions from the committee. 166
22. To discharge such other function under the Act, the Rules and the Bye-laws of the society and directions of the Committee and the general body meetings, as are not expressly mentioned hereinabove.
23. To place the complaint application with facts, before the Committee, in the coming meeting 174
(IN ADDITION THE FOLLOWING ITEMS AT SR. NOS. 24 AND 25 ARE APPLICABLE TO PLOT PURCHASED TYPE SOCIETY)
24. To issue letters of allotment of flats or cancellation thereof. 76(a)&(c)
25. To hand over possession of flats to members under instructions from the committee. 76(b)(ii)
XII. MAINTENANCE OF ACCOUNT BOOKS AND REGISTERS
142. The society shall maintain the following books of accounts, records and the registers. :
(1) The Register of Members in “I” form, prescribed under Rule 32 of the Rules.
(2) The list of Members in “J” from, prescribed under Rule 33 of the rules.
(3) The cash Book.
(4) The General Ledger.
(5) The Personal Ledger.
(6) The Property Register.
(7) The Share Register.
(8) The Sinking Fund Register.
(9) The Audit Retification Register in “O” form, prescribed under Rule 73 of the Rules.
(10) The investment Register.
(11) The Nomination Register.
(12) The Loan Register (if loan is raised).
(13) The Mortgage Register (if the property is mortgaged).
(14) The Minutes book for the meetings of the Committee of the society.
(15) The Minutes Book for the meetings of the general body of the society.
(16) Register of deposits made with Local Authority, the Electric Supply Company and any other Authorities.
(17) The Register of Functions, Fixture and Office Equipments.
(18) The Register of Library Books.
(19) The Register of Allotment of Flats.
(20) Structural Audit Register (Whenever applicable)
Books of accounts Registers and other Books to be maintained.
143. The society shall maintain separate files for the following items:
(1) Application for membership.
(2) Application for associate membership.
(3) Application for nominal membership.
(4) Letters of resignations of membership including associate and nominal membership.
(5) Applications for transfer of shares and/or interest in the capital/property of the society.
(6) Cases of expulsion of members.
(7) Nominations made by members including revocations thereof.
(8) Separate file for correspondence entered into with each member.
(9) Correspondence with Registering Authority.
(10) Correspondence on property taxes including Non-agricultural taxes.
(11) Correspondence on water charges.
(12) Correspondence on electric supply.
(13) Correspondence about conveyance of the property.
(14) Agreement, contract deeds with papers connected thereto.
(15) Approved plans of construction and correspondence thereon.
(16) Application for exchange of flats.
(17) Correspondence about allotment of flats.
(18) Applications for allotment of parking spaces and stilts.
(19) Vouchers, along with the bills relating thereto arranged in order of entries in the cash book and the journal.
(20) Counterfoils of challans for credits of amounts into the bank, arrange in order of dates of credits.
(21) Counterfoils of cheques issued.
(22) Counterfoils of share certificates.
(23) Applications for duplicate share certificates.
(24) Applications for registration of the society, the copy of the bye-law and amendments thereto.
(25) A certificate of registration fully framed.
(26) Counterfoils of receipts or carbon copies of receipts issued by the society.
(27) Counterfoils of bills or carbon copies of bills for the society’s charges.
(28) Correspondence about loan received and property of the society mortgaged.
(29) Noticed and agenda of the meetings of the general body of the society.
(30) Periodicals statements of accounts prepared by the society.
(31) Committee’ annual reports on the working of the society.
(32) Audit memos received from the Statutory Auditors, with rectification reports thereon.
(33) Audit reports received from the internal Auditors, with rectifications reports thereon.
(34) Notice and agenda of the meetings of the Committee.
(35) Papers pertaining to the election to the Committee.
(36) Complaint from the members and correspondence thereof. Other records to be maintained.
Note: The society shall also maintain separate files relating to other subjects not expressly indicated above.
144. Unless otherwise decided by the Committee, it shall be the responsibility of the secretary of the society to maintain and keep uptodate the account books, registers and other records mentioned under the bye-laws Nos. 142 and 143. Responsibility for maintenance of account books registers, records etc.
145. The Secretary of the society or the paid employee, authorised by the Committee in that behalf, may retain in his personal custody, at the close of everyday, a sum. Not exceeding Rs. 300 (rupees three hindered only), for petty expenses. If due to unavoidable circumstances, the cash on hand has exceeded the above limit, the excess cash shall be credited into the bank within the next 3 days by the Secretary or any other person authorised by the Committee to keep cash on hand. Limit for maintaining cash on hand
146. All payments in excess of the following limits shall be made by means of crossed A/c payee’s cheques.
Upto 20 members Rs. 1500/-
21 to 50 members Rs. 3000/-
Above 50 members Rs. 4500/- Payment beyond certain limit by cheques.
147. (a) Within 45 days of the close of every co-operative year, the Secretary of the society or any other person, authorised by the Committee in that behalf, shall finalise the accounts of the preceding co-operative year, prepare the Receipts and payments statements, the income and Expenditure statement for the said year and the balance sheet as at the close of the said year in the forms prescribed under Rule 62(i) of the Rules, along with the list of members, as at the close of the preceding co-operative year, with amounts to their credit in the share capital account an deposits, if any, the schedule of investments, the debtors, the creditors, the furniture, the fixtures and the office equipments etc.
Finalisation of accounts.
(b) In case it is not possible to finalise the annual Statements of Accounts within the period mentioned in the bye-law No. 147(a), the extension of time shall be sought for under Rule 61 of the Rules, from the Registering Authority, by furnishing a copy of the resolution of the committee meeting, explaining the reasons for the delay. Extension of time for finalisation of accounts.
148. Every paid employee, holding any office in the society and handling cash and/or securities of the society, shall furnish such security, as is provided under Rule 107B of the Rules. Security by the employee.
XIII. APPROPRIATION OF PROFITS
149. (a) After providing for the interest upon any loans and deposits and after making such other deductions as required under Section 65 (1) and 66 of the Act and Rule 49 A. Twenty five percent of the net profit of all the business carried on by or on account of the society, shall be placed at the credit of the Reserve Fund of the society. Contribution to the Statutory Reserve Fund of the society.
(b)The remaining 75 percent of the net profits of the society be utilised as provided under Rule 50, 51, 52, 53.
(1) To pay dividend not exceeding 15 percent per annum, upon the paid up share capital at such rate as the Committee may recommended and the annual general body meeting may approve. The dividend on shares shall be paid to be registered holders of shares according to the books of the society as on the last day of the preceding cooperative year.
(2) To pay honorarium to office-bearers of the society not exceeding 15 percent of the net profit to reward them for the sacrifice of their valuable time for the working of the society.
(3) To allocate to a common welfare fund, such part of the profit as the annual meeting of the general body may determine, to be utilised in furtherance of the objects specified in the bye-law No. 5(d).
(4) The balance, if any, shall be carried forward or dealt with in such manner as the annual meeting of the general body, on the recommendations of the Committee, may determine.
Distribution of the remaining profit of the society.
XIV WRITING OFF OF OUTSTANDING FOUND IRRECOVERABLE
150 Subject to the bye-law No, 151, the society may write off any loan and interest thereon, Society’s charges due from the members, the expenses incurred on recovery thereof and the accumulated losses, which are certified as irrecoverable by the Statutory Auditor, appointed under Section 81 of the Act. Amounts which could be written off.
151. The amounts mentioned in the bye-law No. 150 shall not be written off unless:
(1) the meeting of the general body of the society has given due sanction for writing of the amounts;
(2) the approval of the financing agency to the writing off the amounts, if the society is indebted to it, is obtained;
(3) the approval of the Registering Authority is obtained.
Provided that, if the society is affiliated to the District Central Co-operative Bank or any other financing agency but is not indebted to it, the permission of the Bank or the Financing agency is not necessary.
Provided further that. if the society is classified as A or B as last Audit, no such permission of the Bank or the financing agency or the Registering Authority is necessary, if there is sufficient balance in the ad debt fund, specially created for the purpose to cover the amount proposed to be written off. Procedure to be followed before writing off any amount.
XIV. AUDIT OF ACCOUNTS OF THE SOCIETY
152. The society may, if it considers it necessary, appoint an Auditor, to audit the accounts of the society, at the annual meeting of the general body and fix his remuneration. Appointment of an Auditor.
153. The Secretary of the society shall produce or cause to be produced all the books, registers, records before the internal auditor and the Statutory Auditor, in the office of the society or where the records are normally kept and furnish such information as may be required by him for the conduct of the audit of the accounts of the society. Production of books and records for audit.
154. In receipt of the audit reports from the Statutory and Internal Auditors, the Secretary of the Society shall prepare draft audit rectification reports on the objections raised and suggestions made, in from ‘O’ prescribed under Rule 73 of the Rules and place the same before the meeting of the Committee, held next after the date of the receipt of the audit reports, for its approval. Further action on the audit rectification report shall be taken as provided under the said Rule. Preparation of the Audit rectification report.
XVI. CONVEYANCE OF THE PROPERTY, AND REPAIRS TO AND MAINTENANCE OF THE PROPERTY
155. (a) The committee shall in consultation with the General Body, take necessary steps for conveyance of the land/buildings in favour of the society.
(b) The Committee shall examine, in consultation with the Solicitor or the Advocate of the society, the deed of the conveyance of the land and the building/buildings thereon prepared by the builder and place the same before the meeting of the general body of the society for its approval.
(c) On approval of the draft deed by the general body meeting of the society, the committee shall excute it. Finalisation of the deed conveyance.
Execution of the deed of the conveyance.
OR
(FOLLOWING SHALL BE APPLIACBLE TO PLOT PURCHASED TYPE SOCIETY)
155. (a) The committee shall in consultation with the General Body, take necessary steps for conveyance of the land/building/buildings in favour of the society. Finalisation of the deed of conveyance
(b) The Committee shall examine, in consultation with Solicitor or the Advocate of the society, the deed of the conveyance of the land prepared by the vendor or the lessor and place the same before the meeting of the General Body of the Society for its approval. Execution the deed of conveyance.
(c) On approval of the draft deed by the General Body meeting of the society, the Committee shall execute it.
156. It shall be the responsibility of the Committee to maintain the property of the society in good condition at all times. Committee’s responsibility to maintain the property of the society.
157. The Secretary of the society, on receipt of any complaints about the maintenance of the property of the society from any members of the society or on his own motion, shall inspect the property of the society from time to time and make the report to the Committee, stating the need of the repairs, if any, considered necessary. The Committee shall consider the report made by the Secretary of the society and decide as to which of the repairs should be carried out. Inspection of the property of the society to see itf it needs repairs.
158 (a) The Committee shall be competent to incur expenditure on the repairs and maintenance of the society’s property, if the one time expenditure does not exceed :
Upto 25 members Rs. 25,000/-
26 to 50 members Rs. 50,000/-
51 and above Upto Rs. 1,00,000/- Limits for incurring expenditure on repairs and maintenance of the society’s property.
(b) If one time expenditure on repairs and maintenance of the society’s property exceeds the limits as mentioned under bye-law No. 158(a). prior sanction of the meeting of the general body of the society shall be necessary.
(c) The meeting of the general body of the society shall decide :
The limit upto which the expenditure on repairs and maintenance of the property of the society could be incurred by the Committee without calling for tenders for the work. In respect of the work, the cost of which exceeds the limits, so fixed, the committee shall follow the procedure of inviting tenders, placing them before the general body meeting for approval and entering into contract with the artichect (if appointed) and the contractor.
(IN ADDITION FOLLOWING SHALL BE APPLICABLE TO PLOT PURCHASED TYPE SOCIETY)
(d) The appointment of the Architect, if made by the Chief Promoter of the society, under the specific authority given by him, by the promoters in their meeting, may be confirmed at the first General Body meeting.
Confirmation of the appointment of the Architect made by the Chief Promoter.
(e) If no appointment of an Architect is made by the Chief Promoter of the society, the meeting of the General Body of the society shall appoint an Architect in such terms and conditions as it deems fit. Appointment of an Architect, if the Chief Promoter has not made it.
(f) The Committee shall enter into the contract with the Architect, on the basis of the terms and conditions approved at the meeting of the General; Body of the society in that behalf. Committee to enter into contract with Architect.
(g) The Architect shall prepare the plans and the estimate of the construction of the building/buildings in consultation with the committee, which shall place the same before the meeting of the General Body of the society. The Architect shall submit the plans and the estimates of the construction of the building/buildings, approved by the meeting of the General Body of the society to the local Authority for sanction. Preparation of the plans and estimates of the constructions.
(h) After approval of the plans of the construction of the building/buildings by the local Authority, the Committee shall invite tenders in consultation with the Architect of the society. Inviting Tenders for Construction of building’s.
(i) The Secretary shall open the tenders received by him in the meeting of the Committee, which shall strutinise them and prepare its report along with the draft of the terms and conditions, in consultation with the Architect of the society and place the same before the meeting of the General Body for its decision. After the approval of the General Body, the Committee shall then enter into the contract with the Contractor. Approval of the Meeting of the General Body.
(j) The Contract deeds, entered into with the Architect of the society and the Contractor, shall provide a stipulation for settlement of the disputes arising out of execution of the Contracts, under Section 91 of the Act. The Contractor Deeds shall be registered under the Registration Act 1908. Settlement of disputes with the Architect and the Contractor.
159. Subject to the provisions of the bye-law No. 158(a), (b) and (c), the Committee shall proceed to carry out the repairs and maintenance of the property of the society. It shall be the responsibility of the Committee to see that the repairs are carried out as per the contract. The Committee to execute the work of repairs and maintenance of the society’s property.
160. The following repairs and maintenance of the property of the society shall be carried out by the society at its cost:
(a) (i) all internal roads, (ii) Compound walls, (iii)External water pipe lines, (iv) Water pumps, (v) Water storage tanks, (vi) Drainage lines, (vi) septic tanks, (viii) Stair cases, (ix) Terrace and parapet walls, (x) Structural repairs of roofs of all flats. (xi) Stair-case lights, (xii) Street Lights, (xiii) Outside walls of the building/buildings, (xiv) All leakages of water including leakages due to rain water, and leakages due to external common pipe line and drainage line. (xv) Electric lines upto main switches in the flats (xvi) Lifts, (xvii) The damaged ceiling and plaster thereon in the top floor flats, on account of the leakage of the rain water through the terrace.
(b) All the repairs, not covered by the bye-law No. 160(a) shall be carried out by the members at their cost.
Various Items of repairs and maintenance to be carried by the society at its cost
Repairs by the members at their cost.
161. The society shall insure its building/buildings necessarily against risk of fire and earthquake. Insurance of the building/buildings of the society.
162. No member of the society shall destroy, deface or cut down any trees in the compound of the society. Any action, in contravention of the above provision may render the member concerned liable for action. Trees in the compound of the society.
XVII. OTHER MISCELLANEOUS MATTERS
163. (1) It shall be open to the society, having regard to the importance of the matter and the specific provision made thereof under the Act, the Rules and the Bye-laws of the society, to give notice of every General meeting and communicate the resolution or the decision, to the members of the society on their last known addresses, by one of the following modes:
(a) hand delivery,
(b) dispatch through post office under the certificate of posting or by registered post, with or without acknowledgement due.
(2) A copy of such notice/communication of the decision/resolution shall be displayed on the notice board of the society and thereupon, the notice shall be deemed to have been duly made and the complaints received or made that the notice/communication was not received or was not sent to the correct address shall not affect the validity of the notice or the communication.
Service of notice of the meeting, Communication of resolution or decision.
164. The accounting year of the society shall be that commencing on 1st April and ending on the 31st March. Co-operative year.
165. The society shall have its Notice Board, fixed at a conspicuous part of the building, on which shall be exhibited all notices and communications referred to in the bye-law No. 163(ii), the statement of Accounts, the Annual Reports of the Committee and other matters, of which notices are required to be given to all the members of the society under the Act, the Rules and the Bye-Law of the society. If there is more than one building, the similar Notice Board shall be fixed in all the other buildings. Notice Board of the society.
166. The meeting of the general body of the society may prescribe penalties for different breaches of the bye-laws of the society. The Secretary of the society under instructions from the Committee, shall bring to the notice of the member concerned, the breach/breaches of the bye-law/bye-laws committed by him. If the member persists in continuing the breach/breaches, the Committee shall give the notice to the member to show cause as why the penalty should not be inflicted on him for breach/breaches of the bye-law/bye-laws. The general body meeting, after considering the say of the member and after giving him hearing, may levy penalty at the rate fixed by the meeting of the general body of the society. Penalties for breaches of the bye-laws of the society.
167. No bye-law shall be made, altered or abrogated unless (i) a proposal to do so has been communicated to all members, 14 days before the meeting of the general body of the society, at which it is proposed to be considered. (ii) the resolution is passed by not less than 2/3rd majority of the members present and voting at the meeting of the general body of the society and (iii) the making, alteration or abrogation is approved and registered by the Registering Authority. Amendments to the bye-laws of the society.
168. The Committee shall regulate the operation of the lifts, taking into consideration the convenience of the majority of the members of the society. Hours of operation of the lift.
169. The meeting of the general body of the society may, after taking into consideration the location of the building or buildings of the society and their surroundings and the open space available for playing games by the members of the society and their children, allow such games to be played during such hours as may be fixed by the meeting of the general body of the society and subject to such restrictions, charges and penalties as it may impost. Restrictions of playing games in the society’s compound.
170. The society shall not let out to give on leave and licence basis or permit and subletting, giving on leave and licence basis any open space available under the staircases or to any person whether the member of the society or not, for any purpose whatsoever. Restriction on letting or giving on leave and licence basis open space.
171. Notwithstanding the provisions under the bye-law No. 170, the committee may allow temporary use of the terrace or available open space of the society’s building by any member, on his written application, for any function, subject to such restrictions and on payment of such charges to the society as the meeting of the general body of the society may decide. The committee may with the previous permission of the local Authority, if needed, allow exhibition of advertisement boards on any part of the building including terrace, on such terms and conditions as are approved by the general body meeting. Permission for use of terrace or open space of the Society.
172. The member of the society, requiring copies of the following documents shall pay copying fees at the rates mentioned against them : Copying fees for supply of copies of documents to members of the society.
1. Bye-laws of the Society Rs. 10/- more than the cost
price
2. Amendment of the bye- Rs. 2/- per page.
laws of the society
3. Last audited Balance Rs. 10/- per page.
Sheet of the society
4. Application for member Rs. 5/-
ship of the society.
5. Second and Subsequent Rs. 5/-
Nomination by the Mem-
ber of the society
6. Share Certificate of the Rs. 50/-
Society
7. List of members of the Rs. 5/-per page.
Society.
8. Correspondence (related Rs. 5/- per page
to the member)
9. Minutes of the general Rs. 5/- per page
body meetings and
Committee meetings
10. Indemnity Bond Rs. 10/-
XVIII REDRESSAL OF COMPLAINTS
173. Member/Members shall submit their compliant application to any of the Office bearers of the society, in writing, giving thereby the details of the complaint. Complaint application to be submitted to the society.
174. After receipt of such complaint application, the committee shall take decision thereof, in the coming Managing Committee Meeting. Such decision shall be communicated to the concerned member, within 15 days thereafter.
175. If the Member/Members are not satisfied by the decision of the Committee, or does not receive any communication from the committee within the time specified above, he/they may approach the Competent Authorities, depending upon the nature of the complaints, as enumerated below:-
R.K Nanda
(Expert) 02 February 2013
now u got it.
