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Mahesh Soneji   07 October 2022

Model bye-laws in maharashtra

I shall appreciate to know whether the Model Bye-laws in Maharashtra/Mumbai have been duly notified / gazetted by the Govt. of Maharashtra?

If yes, the date on which notified/gazetted and the link to see the notified/gazetted document of model bye-laws. 

Also, if the Society has not adopted the Model Bye-laws, whether it is mandatory to adopt the model bye-laws?

If the provisions in the model bye-laws are relied by any member, can legal provision be enforceable?

Thanks for enlightening.  



Learning

 8 Replies

M V Gupta (Advocate)     07 October 2022

I think the Registrar issues model by-laws under Section 79 AA of the Act to be adopted by the societies. It is mandatory for societies to adopt them as yit is or with modifications. The bye-laws as amended or otherwise have to be submitted to the Registrar for approval. 

Mahesh Soneji   07 October 2022

Thanks for your response and guidance. However if society has not adopted and sent to Registrar, in such situation, can model bye laws have enforceable effect?

Shall appreciate your guidance on this point. 

Thanks.. 

Sourav Das (Advocate Supreme Court of India)     07 October 2022

Issue legal notice to society. Then complaint before registrar of society.

Mahesh Soneji   07 October 2022

Thanks Mr. Das for your guidance. 

M V Gupta (Advocate)     08 October 2022

@ Mahesh Soneji comment dt. 7 October. Your comment is hypothetical. Society will not be registered by the Registrar without submission of bye-laws by the Promoters. 

Mahesh Soneji   08 October 2022

It is not so. The real situation is the society is registered in 2012. Model Bye laws are notified from which date? If subsequent, then whether the provisions of model Bye laws be enforceable if not adopted. That's the real question. 

Shall appreciate your guidance. 

Thanks. 

M V Gupta (Advocate)     09 October 2022

Model bye-laws were in existence in 2012. No revised bye-laws were issued by the registrar thereafter. It is reported that after the amendment of the MCS Act in 2019 by introducing a separate chapter for Housing Societies, the Registrar is yet to issue revised bye-laws. Hence all societies are following the extant version of the bye-laws unless they are contrary to the Act provisions. If any bye-law is contrary to the Act provisions the society should follow the Act provisions.

Mahesh Soneji   09 October 2022

Thanks for your response and guidance. It's very useful. 

Thanks once again 

Soneji 


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