Society bye law preparation

It is not like that, if i have home and i don' want to let it out to any bachelor it is not violation of any constitutional right but it is my choice. It is my property and i have full rights upon it to use and utilize it. If the majority of members in your society are of the opinion that they want to restrict the use of premises for bachelors or groups for having reasons , it is fine and does not voilates   rights; 

you may not discriminate on the basis of cast, creed, or religion that will be unconstitutional and can be challenged in the color.

Thanks for your response Sir! I was referring below youtube link, it seems, there are some gap. Seeking your further advise!

https://www.youtube.com/watch?v=jf0NC82La_A&ab_channel=sahakarbhann

Regards

Arijit

Originally posted by : Real Soul....

It is not like that, if i have home and i don' want to let it out to any bachelor it is not violation of any constitutional right but it is my choice. It is my property and i have full rights upon it to use and utilize it. If the majority of members in your society are of the opinion that they want to restrict the use of premises for bachelors or groups for having reasons , it is fine and does not voilates   rights; you may not discriminate on the basis of cast, creed, or religion that will be unconstitutional and can be challenged in the color.

With due respect I have a different opinion. Though a individual apartment onwner certainly has such a discretion, the Housing Society cannot impose any such condition on the individual owners. It makes no difference even if it is the mojority decision. More than the discrimination against the prospective tennants it an infringement of the right of the of the individual owner as to the best use and enjoyment of his property. 

The youtube link places entire issue in the correct legal perspective.

Mr P. Venu Sir

I am completely in-line with your thought. Any individual owner has right to choose the tenant within legal boundary i.e. marital status, food habit etc. Having said that society bye laws can’t impose it to all the owners.

I am proposing to add following clauses in the bye law, hope, it is not violating any fundamental right of the individuals. Seeking your advice.

1. Owners can’t rent out her/his premises to group of individuals.
2. Sub-renting is not permissible within the society.
3. Co living is not permissible within the society

Thanks

Arijit

Hello Arijit,

Addressing society bye law concerns:

1. Regarding renting, avoid discrimination based on marital status (Art 14).
2. Explore alternatives for mess accommodation without violating the constitution.

Hi Sanjana Mohanty Ji

Need some guidance on point #2.

"Explore alternatives for mess accommodation without violating the constitution."

Are you asking to change the wordings or something else?

Thanks

Arijit
 

I am afraid the discuassion drifting to incorrect premises.

The crux of the matter is that primacy, in the given context, is that of the owner of the apartment. It is the ordinary (nay, a constitutional right) to make use of his property at his discretion. This right could be regulated or curtailed only on the strenght of the law enacted by the Legislature, and not otherwise. A byelaw or a condition laid down by the Executive Committee or the General Body of the Association is of no force of law.

Basically the bylaws cannot be made by any individual group discussion.

There is a set of bylaws to be incorporated to the association as prescribed by government as guidelines, which can be found with the Dy Registrar of cooprative societies.

If any additional bylaws are to be included, it shgould be debated in the general or extra meeting of the society and a resolution to be passed on the legally valid bylws that the society would like to include in its set of bylaws.

The Indian Constitution does not contain any provisions prohibiting the rental of a home to bachelors. Any law that violates your fundamental rights may be questioned in court.

• Even if your society decides anything depending on the number of votes, such judgement will not stand up in court.
• The only limitations that the Society may set are on whether the property may be rented out for a profit.
• Society may establish activity regulations for the protection of the residents.
• The housing society rules do not have the same authority as the law.
• Societies cannot disregard fundamental rights or adopt legislation that is unconstitutional.

Thanks to all the experts!! 

You are welcome