97th Amendment to the Constitution has unified the Bylaws for Cooperative Housing Societies for all states in India. These Bylaws contains a new Byelaw No.169(a) which stipulates a fine @ 5 times the Maintenance Charges per month with Retrospective effect for encroachment made by a member on the open space ( as defined in the said Byelaw) for the period for which the encroachment exists/existed. Whether it is mandatory on all Co-operative Housing Societies to adopt the Model Bylaws (2014) and if so, while adopting the Model Byelaws (2014) , can they delet the aforesaid Byelaw No.169(a) in particular ? is an issue, on which a firm and reliable answer appears necessary as an important guidence to the Cooperative Housing Societies.
