Model bye laws of 2014

Prakash S. B. (Querist) 29 December 2016 This query is : Resolved
Sir,

I am one of the 10 members of the newly elected Managing Committee of a Housing Society in Mumbai. I have been elected as the Secretary of the said Society. Presently, Model Bye Laws of 2001 have been registered under the M.C.S. Act, 1960, and are applicable to the said Society.The Society is planning to go for redevelopment under the laws, as may be applicable. Being the Secretary of the Society, I would like to know whether it is mandatory and / or advisable to adopt the Model Bye Laws of 2014 by carrying out necessary amendments to the existing registered Bye Laws of the Society and getting the same approved by the General Body.

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Kishor Mehta (Expert) 30 December 2016
Sir,
It is mandatory for all CHS in Maharashtra to adopt the Model Bye-Laws of 2014.
Good luck,
Kishor Mehta

Ms.Usha Kapoor (Expert) 30 December 2016
Yes!@ you go for adoption Model bylaws of 2014 by adopting them as it is mandatory.

Rajendra K Goyal (Expert) 30 December 2016
Agree with the experts.

Ms.Usha Kapoor (Expert) 31 December 2016
i STICK TO THE SAME REPLY AS GIVEN YESTERDAY.

adv.bharat @ PUNE (Expert) 31 December 2016
You need to act according to bye law of MCS.

Dr J C Vashista (Expert) 31 December 2016
I disagree with the expert advise of Mr. Kishor Mehta since the Model Bye-laws are applicable for the CHS which are in the process of getting registered with RCS.

The existing CHS may (neither compulsory nor mandatory) amend their Bye-Laws adopted (registered with RCS) by your CHS in accordance with Model Bye-Laws 2014 and procedure prescribed in MCS Act.

The Secretary of a CHS is not a post directly elected by members of Managing Committee, which is being elected by the members of Managing Committee out of elected members, please correct me if I am wrong.

Prakash S. B. (Querist) 16 January 2017
This is with reference to Dr J C Vashista's comment on election of Secretary of a CHS. Sir, I was elected as the Secretary of the Society by the members of the newly elected Committee in accordance with the bye-laws of the Society. However, my query is different and very simple as follows: Under the MCS Act 1960 or MCS Rules 1961 or any Maharashtra Government Notification, whether it is mandatory for a Co-operative Housing Society to adopt the Model Bye-Laws of 2014 in place of the existing (registered) bye-laws? This query has remained unsolved.

Dr J C Vashista (Expert) 17 January 2017
"Model" do not mean the same, it is for guidance of the society, which can be amended by the society as per their own requirement.
It is not compulsory or mandatory to adopt the "Model" bye laws as given in the MCS or and other State Rules governing functioning of Cooperative Soceities of the State.