MODEL BYE–LAWS OF COOPERATIVE HOUSING SOCIETY

Bye Law No 1(a) Name of the Society

The Name of the Society shall be …

Bye Law No 1(b) Procedure for changing the name

The Society shall follow the procedure laid down under Section 15 of the Act and Rule 14 of the Rules for the change of its name.

Bye Law No 1(c) Classification

The Society is classified under major class “Housing” with subclass “Tenant Ownership / Tenant Co-partnership / Other Housing Society.”

Bye Law No 2. 

Bye Law No 2(a) Address of the Society

The registered address of the Society shall be as under:
_________________ ______

Bye Law No 2(b) Intimation of change in the address of the Society

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 such change.

Bye Law No 2(c) Procedure for changing the address of the Society

Any change in the registered address of the society shall be made after the following procedure laid down in Rule 31 of the Rules of 1961.

Bye Law No 2(d) Exhibition of Name Board

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.

Bye Law No 3. Interpretations of the words and terms 

Unless otherwise separately provided in these bye-laws, the following shall have the meaning assigned to them here in:

Bye Law No 4. Area of Operation 

The area of operation of the Society shall be confined to ____________

Explanation:

1. For the Society in the Bruhan Mumbai insert City Survey no / Gate no. / Final Plot no / Ward no
2. For the Societies at other places, insert City Survey no / Gate no. / Final Plot no / Ward / Corporation – Municipal limits / Town / Village of………………………… …….. …… …………….. Taluka ………….. …………. ……..District ………. ……….. ……..

Bye Law No 5. Objects of the Society 

The objects of the society shall be as under:

Bye Law No 5(a)

To obtain conveyance from the Owner/Promoter Builder, in accordance with the provisions of the Ownership Flats Act and the Rules made there under, of the right, title and interest, in the land with building/buildings thereon, the details of which are as hereunder:
The building / buildings known / numbered as ………….. ………. ….. constructed on the plot / plots nos ……….. / Survey no. ………….. / CTS no ……………….. of ……………………………. (village/taluka) admeasuring ………….. sq. meters, 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…….. …./Survey no. ………. …. / CTS no ……………… 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 / survey no. / CTS no……………………….of ……………. admeasuring……………… sq. mts.for allotment of flats therein to the Members of the Society for their authorized use.

Bye Law No 5(b)

To manage, maintain and administer the property of the Society;

Bye Law No 5(c)

To raise funds for achieving the objects of the Society;

Bye Law No 5(d)

To undertake and provide for, on its own account or jointly with a cooperative or Other Institution Social, Cultural or Recreational activities;

Bye Law No 5(e)

To provide Co-operative Education and Training to develop co-operative skills of its Members, Committee Members, Officers and Employees of the Society.

Bye Law No 5(f)

To do all things, necessary or expedient for the attainment of the objects of the Society, specified in these bye-laws.

Bye Law No 6. Affiliation of the Society to other Coop Institutions 

The Society, immediately after its registration, shall become a Member of the Co-op Housing Federation of the District / Ward / Taluka, the District Central Co-operative Bank of the District, and shall pay sums, from time to time, payable by it, under the bye-laws of the respective organisations referred to above.

Bye Law No 7. Modes of raising Funds of the Society 

The funds of the society may be raised in one or more of the following ways;

Bye Law No 8. Authorised Share Capital 

The Authorised Share Capital of the Society shall be Rs ………………………………………………. divided into ……………………………. shares of Rs. 50 each.

Bye Law No 9. Issue of Share Certificates to the Members of the Society 

Bye Law No 9(a) 

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 there on, shall be issued by the Society to every Member for the shares subscribed by him, within a period of six months of the allotment of the shares.

Bye Law No 9(b) The Committee of the Society shall issue a duplicate share certificate, “So Marked”, on application to its members on production of following documents.

Bye Law No 10. Society’s seal and signature of office bearers on every share certificate 

Every such Share Certificate shall bear the seal of the Society and be signed and by the Chairman, the Secretary and one Member of the Committee, duly authorised by the Committee. The same shall be issued by the Secretary of the Society.

Bye Law No 11. Restrictions on incurring liabilities by the Society 

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 MSCS Rules.

Bye Law No 12.(a) How the Reserve Fund shall be constituted

The Reserve Fund of the Society shall comprise of —

Bye Law No 12(b) Appropriation of amounts to the Reserve Fund of the Society

The Society shall, while finalising the accounts for the preceding cooperative year, appropriate all amounts referred to in the bye-law No. 12(a)(i) to (v) to the Reserve Fund of the Society.

Bye Law No 13. Other Funds to be created by the Society 

The Society shall create and establish the following funds by collecting contributions from its Members at the rates mentioned hereunder:

Bye Law No 13(a) Creation of Repairs & Maintenance Fund

The Repairs and Maintenance Fund, at the rate fixed at the general body subject to the minimum of 0.75 per cent per annum of the construction cost of each flat, incurred during the construction of the building of the Society and certified by the Architect, for meeting expenses of normal recurring repairs of the Society’s buildings/property.

Bye Law No 13(b) Creation of Major Repairs Fund

Major Repairs Funds, as and when required and decided by the by the General Body at the rate fixed pro-rata on area basis.

Bye Law No 13(c) Creation of Sinking Fund

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 incurred during the construction of the building of the Society and certified by the Architect, excluding the proportionate cost of the land.

Bye Law No 13(d) Creation of Education & Training Fund

To create Education and Training Fund from contribution by the Members Rs 10 per month / per unit or as decided by the General Body.

Bye Law No 14(a) Utilisation of the Reserve Fund

Reserve Fund: The Reserve Fund of the Society may be utilised for the expenditure on repairs, maintenance and renewals of the Society’s property.

Bye Law No 14(b) Utilisation of the Repairs and Maintenance Fund

Repairs and Maintenance Fund The Repairs and Maintenance Fund may be utilised for meeting the expenditure on maintenance of the Society’s property and repairs and renewals thereof.

Bye Law No 14(c) Utilisation of Sinking Fund

Sinking Fund: On the resolution passed at the meeting of the general. Body of the Society, 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 maybe certified by the Architect and on approval of General Body.

Bye Law No 14(d) Utilisation of Education & Training Fund

The Education & Training Fund be utilized as provided under section 24(A) of the Act

Utilisation of all the Funds shall be with the specific prior approval of Society’s General Body.

Bye Law No 15. Investment of Funds 

The funds of the Society, when not deployed in its objects, may be invested or deposited as required under Section 70 of the Act. Provided that Society’s funds collection shall be invested on long term basis, along with the interest earned thereon by one of the modes permitted under the said section of the Act.

Bye Law No 16. 

The Membership of the Society shall consist of (i) Members, including Associate Members and (ii) Nominal Members.

(B) Eligibility for Membership: Bye Law No 17, 18

Bye Law No 17(a) Eligibility for Membership of the Society 

No individual shall be admitted as a Member of a Society except the following that is to say –

Bye Law No 17(b) Eligibility of Minor or a Person of unsound mind for Membership of the Society

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 or legal representative on an application in the prescribed form, along with undertakings / declarations, in the prescribed forms, mentioned in the application.

Bye Law No 17(c) Admission of person to society’s membership subject to the collector’s approval

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 Competent Authorities such as Collector of the District and the land grant terms as applicable, (provided if the Society has been given land by Government/CIDCO/MHADA/SRA” or any other authority)

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/ Units constructed in the building/buildings. It shall be binding on the committee to restrict the Members to the extent of the number of Flats/Units in the Society.

Bye Law No 18. Eligibility of Corporate Bodies for Membership of the Society 

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 Corporate, 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 notifications issued by the State Government from time to time under the Second Provision to Section 22 of the Act.

Note: For existing terms and conditions of the Government Notification referred to above, see Annexure to these bye-laws.

(C) Conditions for Membership: Bye Law No 19, 20, 21

Bye Law No 19(a) Conditions for Individuals desiring to be Member of the Society 

An individual / applicant who is eligible to be the Member and who has applied for Membership of the Society in the prescribed form, may admitted as Member by the Committee on complying with the following conditions :-

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.

Bye Law No 19(b) Conditions of associate membership of the Society

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 shall apply through Member in the prescribed form for such Membership, along with the entrance fee of Rs. 100/-, may be admitted as Associate Member by the Committee.

Bye Law No 19(c) Conditions for Membership for Corporate bodies desiring to become Society

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 has made an application for Membership of the Society in the prescribed form may be admitted as a Member by the Committee of the Society on complying with the following conditions:-

Note: The conditions at (i) and (iii) shall not be applicable to the firm/ company of the Promoter Builder, applying for Membership of the Society in respect of the unsold flats.

Bye Law No 20. Conditions for Nominal Membership of the Society 

A sublettee, a licensee, a care-taker, or occupant who is eligible to be a Nominal Member and who shall apply through Member for such Membership in the prescribed form applicable, along with entrance fee of Rs. 100/- may be admitted as Nominal Member by the Committee.

Bye Law No 21. Procedure for disposal of Membership Applications 

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.

Bye Law No 22(a) Rights of Members

A Member shall be entitled to exercise such rights as provided in the Act, Rules and Bye-laws. Provided that no Member shall exercise the rights of Member of a Society, until he has made such payment to the Society in respect of Membership, or acquired such interest in the Society.

Bye Law No 22(b) 

Provided further that, in case of increase in minimum contribution of Member in share capital to exercise right of Membership, the Society shall give a due notice of demand to the Members and give reasonable period of time to comply with.

Active Members

Bye Law No 22(c) 

A Member shall be termed as an ‘Active Member’ if he / she fulfill the following conditions: viz.

Bye Law No 22(d)

A Member who is not an ‘Active Member’ shall be ‘Non-Active Member’.

Bye Law No 22(e) 

Society shall classify the Members as ‘Active’ or ‘Non-Active’ Member at the close of every financial year.

Non-Active Members

Bye Law No 22(f) 

A ‘Non Active Member’ can be reclassified as ‘Active Member’ from the date he satisfies the conditions laid down under Byelaw no. 22(c).

(B) Getting Copy of the Bye-laws, Audit Report & Inspection of Books & Records and getting copies thereof
(Bye Law No. 23) 

Bye Law No 23. Inspect Society’s record and getting copies thereof

Bye Law No 23(a) Rights of inspection of documents and getting copies thereof

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.

Bye Law No 23(b) Inspection of Books of Records

A Member shall be entitled to receive a copy of the Approved Bye-laws, Audit Report of the Society, on payment of charges prescribed thereof.

(C) Occupation of Flats (Bye Law No 24) 

Bye Law No 24.(a)

The Member, who is deemed to have been allotted the flat under the Bye-law No. 76(a) of the Society shall have a 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.

Bye Law No 24(b) 

The Associate/Nominal Member may have a right to occupy the flat with the consent of the Member and written intimation to the Society, subject to the conditions set out by the General Body Meeting.

(D) Restrictions on Rights of Associate and Nominal Members (Bye Law No 25 and 26)

Bye Law No 25. No rights of Membership for Associate Member except that under Section 27(2) 

No Associate Member shall have any rights or privileges of an active Member except as provided under Section 27(2) of the Act and he fulfills the conditions of bye-law 22(a)

Bye Law No 26. No rights of Membership to a nominal Member 

A nominal Member shall have no rights such as Member.

(E) Resignation of Membership

(1) Resignation by a Member (Bye Law No 27) 

Bye Law No 27(a) Notice of resignation of Membership of the Society.

A Member may resign from Membership after giving three months notice in the prescribed form to the Secretary of the Society as provided under Rule 21(1) of the Rules.

Bye Law No 27(b) Resignation not to be accepted unless charges of the Society are fully paid

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.

Bye Law No 27(c) Communication of outstanding charges due to Society from the Member

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 of resignation, advising him to make payment thereof within 30 days of the date of intimation.

Bye Law No 27(d) Acceptance of resignation where no charges of the Society are outstanding

Where there 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 the date of the receipt of the notice of the resignation.

Bye Law No 27(e) Communication of reasons for rejection of resignation

Where any resignation is rejected, the Committee shall record the reasons therefore and communicate the same to the Member concerned within three months from the date of receipt of notice of resignation.

(2) Resignation by a Associate Member (Bye Law No 28) 

Bye Law No 28. Resignation by an Associate Member

An Associate Member may resign his Membership any 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 within 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.

(3) Resignation by a Nominal Member, occupying the flat on behalf of the Firm, Company or any other Body Corporate (Bye Law No 29)

Bye Law No 29. Resignation by an Associate Member 

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 any time, 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 the 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 therefor 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

(4) Resignation by a Nominal Member, who is Sub-lettee, Licensee, Caretaker etc. (Bye Law No. 30 and 31)

Bye Law No 30. Resignation by a sublettee. licensee or caretaker 

A sub-letter, 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 any time, 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 Committee, 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 there for 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.

Bye Law No 31. Acquisition of shares and interest of the Member in the capital/property of the Society 

On acceptance of the resignation of the Member, under bye-law No. 27, the Society shall acquire the shares and interest of the Member in the capital/ property of the Society and pay him the value thereof as provided under the bye-law No. 66.

(F) Nomination by Members (Bye Law No 32, 33, 34, 35, 36 and 37)

Bye Law No 32. Procedure for Nomination by a Member and its revocation / revision 

A Member and / or Associate 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 the acceptance of nomination by the Secretary. No fees shall be charged for recording the first nomination. A Member may revoke or revise 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 revision of the nomination shall be charged a fee of Rs. 100/-

Bye Law No 33. Recording of Nomination or revocations / revisions thereof 

On receipt of the Nomination form, or the letter for revocation of the earlier nomination, the same shall be placed before the meeting of the Committee. held next after the 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.

Bye Law No 34. Transfer of shares and interest of the deceased Member in the capital / property of the Nominee/Nominees 

Subject to the provisions of the Section 30 of MCS Act. 1960, bye-law No. 17A or 19, on the Death of a 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 the Nominees for Membership of the Society.
Note: In case of acquiring Membership on the basis of Nomination, such Member shall hold the flat / unit in ‘trust’ till all the Legal Heirs are brought on record and shall not have the right to ownership and shall not create third party interest or alienation in any way whatsoever.

Bye Law No 35. Transfer of shares and interest of the deceased Member in the capital/property of the Society to the heir 

Where a Member of the Society dies without making a nomination, or no nominee comes forward for transfer, the Society shall invite within six 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 the Society. It shall also publish such notice in at least two local news papers, 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 claims 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 representative of the deceased Member. Such a person will be eligible to be a Member of the Society subject to the provisions of the bye-laws 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 shares and interest of the deceased Member in the capital/ property of the Society, at any time in future, by any person. If there are more claimants than 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.

Bye Law No 36. Payment of the value of Shares and interest of the deceased Member in the capital / property of the society to the nominee/nominees 

If there is the single nominee and if he demands payment 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.63. If, however, there are more nominees than 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 form, the payment shall be in equal proportions.

Bye Law No 37. Payment of the value of Shares and interest of the deceased Member in the capital / property of the Society to the heir / Legal Representative 

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. 63 after obtaining the indemnity bond referred to in the bye-law No. 34. If, in the opinion of the Committee, there are more heirs/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 the bye-law No. 66, after obtaining the Indemnity Bond referred to in the bye-law No. 35, from all the heirs/legal representatives jointly.

(G) Transfer of Shares and Interest in the Capital/Property of the Society (Bye Law No. 38, 39 and 40)

Bye Law No 38(a) Notice of transfer of Shares and interest in the capital/property of the Society 

A Member, desiring to transfer his shares and interest in the capital/property of the Society shall give 15 days’ 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.

Bye Law No 38(b) Secretary to place such notice before next Committee Meeting

On receipt of such notice, the Secretary of the Society shall place the same before the meeting of the Committee, held next after the receipt of the notice, pointing out whether the Member is prima-fascia 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 .

Bye Law No 38(c) Informing ineligibility within 8 days

In the event of ineligibility (in view of the provisions 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.

Bye Law No 38(d) No Objection Certificate not required but if required may be issued within 1 month

“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.

Bye Law No 38(e) Documents to be submitted by the Transferor/Transferee.

The Transferor / Transferee shall submit following documents and fulfill compliance as under:

Note: The condition at sr. no. (ix) above shall not apply to transfers of shares and interest, of the transferor in the capital / property of the Society to the Member of his family or to his nominee or his heir / legal representative after his death and in case of mutual exchange of flats amongst the Members.

Bye Law No 39(a) Disposal of transfer applications 

The procedure for disposal of applications for transfers of shares and/ or interest of Members in the capital/property of the Society as laid down under the bye-law No. 62 shall be followed by the Secretary and the Committee of the Society.

Bye Law No 39(b) Committee / General Body not to ordinarily refuse any application for Membership or transfer of Shares

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 noncompliance 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.

Bye Law No 39(c) Deemed to have been Admitted if not communicated within three months

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 three 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.

Bye Law No 39(d) Unauthorised transfer-null and void

Any transfer made in contravention of the Act, Rules or the Bye-laws shall be void and not effective against the Society

Bye Law No 40. Rights of Membership when to be exercised by the transferee 

The Transferee shall be eligible to exercise the rights of Membership on receipt of the letter in the prescribed form from the Society or order under section 22 or 23 of the Act from the Registrar; subject to the provisions of the MCS Act 1960, Rules and Bye-laws.

(H) Exchange of Flats (Bye Law No 41 and 42)

Bye Law No 41. Application for exchange of flats by the Members of the 

The Members, desiring to exchange their flats, shall make a joint application to the Secretary of the Society, containing the following details:

Bye Law No 42. Disposal of applications for exchanges of flats by Members 

The procedure for disposal of applications for exchanges of flats as indicated in the bye-law No. 62 shall be followed by the Secretary and the Committee of the Society.

(I) Sub-letting etc. of Flats (Bye Law No 43 and 44)

Bye Law No 43. 

(1) A member shall intimate to the society, of subletting his flat or giving on leave and license basis or care taker basis or parting with its possession in any other manner, however the member shall submit a copy of leave and license agreement and copy of intimation report to the police station.

(2) No permission of the Society is required to sublet the flat / shop. However the intimation needs to be given to the society 8 days before such subletting.

Bye Law No 44. 

No Member of the Society shall assign, mortgage or create any charge on his occupancy right in the flat without the previous permission in writing of the Society.

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 from the employer or the Member or from 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.

Bye Law No 45. Flats to be kept clean 

Every Member shall keep his flat / unit in good maintenance.

Bye Law No 46(a) Additions & alterations in the flat permissible with the committee’s permission 

No Member shall, without the previous permission of the Committee in writing, make any additions to or alterations in his flat.

Bye Law No 46(b) Application for permission for Making additions and alterations in a flat

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 the bye-law No. 65.

Bye Law No 46(c)

No structural changes are permissible, without the prior permission of the concerned competent authority.

Bye Law No 47(a) Examination of flats and report about Repairs to Flats 

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.

Bye Law No 47(b) Notice to the Member about carrying out repairs in his flat by the Society at its cost

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 the 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.

Bye Law No 47(c) Notice to the Member for carrying out repairs to his flat at his cost

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.

Bye Law No 48. Restrictions on storing of certain goods 

No Member, without the previous permission of the Committee, in writing shall stock or store any kind of goods or materials, which are combustible obnoxious or other goods, for the storing of which requires permit / sanction of the competent authority under any law relating thereto.

Bye Law No 48(a) Not to do anything causing inconvenience, to other Members

No Member shall do or suffer anything to be done in his fiat which may cause nuisance, annoyance or inconvenience to any of the Members of the Society or carry on practices which may be repugnant to the general decency or morals of the Members of the Society.

Bye Law No 48(b) Committee to take action on complaints

It shall be competent for the Committee either sou-moto or on receipt of the complaint from any Member, to take steps to stop all such practices referred to in the bye-law No. 47(a) forthwith.

Bye Law No 49. Grounds on which a Member could be expelled 

A Member may be expelled from the. Membership of the Society, if such a Member

Bye Law No 50(a) Procedure for expulsion of a Member 

The cases of expulsion from the Membership of the Society shall be dealt with in the manner provided under Section 35 of the Act, read with Rule 28 and 29 of MSCS Rules.

Bye Law No 50(b) Forfeiture of shares of the expelled member

Expulsion from Membership may involve forfeiture of the shares held by the Member. Where the Committee decides that expulsions from Membership should also involve forfeiture of the shares, it shall make necessary reference to the proposed forfeiture of the shares in the notice to be issued under Rule 29 of the Rules.

Bye Law No 51. Effect of explusion on membership of the society 

The Member, duly expelled from Membership of the Society, shall cease to be the Member of the Society, with effect from the date on which the resolution of expulsion from the Membership of the Society is approved by the Registering Authority’. The forfeiture of shares may take effect simultaneously with expulsion. Handing over vacant possession of the flat by the expelled Member.

Bye Law No 52. Handling over vacant possession of the flat by the expelled member 

The Member, who has been duly expelled from the Membership of the Society, shall not be entitled to continue in occupation of his flat and he shall arrange to hand over peaceful and vacant possession of his flat to the Secretary of the Society, within such period as the Committee may allow. On his failure to do so, he shall be liable to be evicted from his flat. Acquisition of the Shares and interest of the expelled Member.

Bye Law No 53. Acquisition of the shares and interest of the expelled member 

If the meeting of the general body of the Society has decided not to forfeit the shares, the interest of the expelled Member in the capital/property of the Society and the value thereof shall be acquired by the Society and the value thereof shall be paid to the expelled Member, within 3 months of his handing over possession of his flat or his eviction from it, after following the procedure as laid down under the bye-law No. 66 in respect of payment of the value of the shares and interest in the capital/property of the Society acquired by the Society.

Bye Law No 54. Eligibility of the expelled Member for re-admission 

No Member of the Society, who has been expelled from its Membership, shall be eligible for readmission to Membership in the Society, until expiry of the period of one year from the date of his expulsion, provided that on the recommendations of the meetings of the general body of the Society, the expelled Member may be re admitted to its Membership, as a special case before the expiry of the period of one year, with the prior permission of the Registering Authority

Bye Law No 55. Circumstances under which a person ceases to be a Member 

The person shall cease to be the Member of the Society:

The Committee shall take further action in the matter as indicated in the bye-law No.61.

Bye Law No 56. Circumstances under which the person shall cease to be Associate Member 

The person shall cease to be the Associate Member of the Society, when the Member, whose name stands first, ceases to be the Member of the Society or on the death of the Associate Member or on the acceptance of the resignation of the Associate Member by the Committee,

However the associate member shall not cease to be Associate Member when the First Member ceases to be the member of the society if Associate Member holds title and interest in the property jointly with the member.

The Committee shall take further action in the matter as indicated in the Bye-law No. 62.

Bye Law No 57. Circumstances under which the person occupying the flat onbehalf of the firm / company ceases to be the nominal Member 

If there is a Nominal Member, occupying the flat on behalf of the firm, company or any other body corporate he shall cease to be as such Member of the Society:

The Committee shall take further action in the matter as indicated in the bye-law No.58.

Bye Law No 58.Circumstances under which a Sub lettee, licensee, caretaker ceases to be the nominal Member 

The Nominal Member, who is the sublettee, licensee 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:

Note: The words ‘original Member’ used in the bye-laws Nos. 55, 56, 57 and 58 mean the Member, with whom the Associate Member/s hold the shares of the Society jointly, the Firm, the Company or any other Body Corporate, on whose behalf the nominal Member occupies fiat in the Society’s building or the Member who has been permitted to sub-let, give on leave and license 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. 58.

Bye Law No 59. Action by the Committee on cases of cessation of Membership of the Society 

The Committee shall record the facts of cessation of Members Membership of the Society under the bye-law No. 55 and of Associate and Nominal Member’s Membership respectively under the bye-laws Nos. 56, 57 and 58, 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.

Bye Law No 60. Holding of multiple flats by Member 

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”.

Bye Law No 61. Liability limited to paid up Shares Amount 

The liability of a Member of the Society shall be limited to his shares-holding in the Society.

Bye Law No 62. Liability of the Past and Deceased Member 

The liability of the past Members 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.

Bye Law No 63(a) Disposal of Application 

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) intimation for subletting or giving flats or parts thereof on leave and license 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 fiats, (ix) permission for use of terrace, and (x) complaint application of the members (xi) for any other purpose provided under the byelaws 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.

Bye Law No 63(b) Scrutiny by the Secretary and intimating short-comings to Member

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 15 days of their receipt for compliance;

Bye Law No 63(c) Secretary to place the Application before next Committee Meeting

The Secretary shall place all the applications, complete 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;

Bye Law No 63(d) Decisions on Applications

The Committee or the General Body, as the case may be, shall consider all such applications at its meetings and take decisions thereon;

Bye Law No 63(e) Disposal Applications within 3 months/sub-letting Application within 1 month

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; except application for subletting.

Bye Law No 63(f) Reason of Rejection to be recorded

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;

Bye Law No 63(g) Communication of decision within 15 days

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, with reasons, where the applications are rejected by 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.

Bye Law No 64. Payment of the value of shares and interest of member or past member of the Society 

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 :

Bye Law No 65. Composition of the Charges of the Society 

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 Charges, (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 installment of the loan and interest, (xi) Non-occupancy Charges, (xii) Insurance Charges, (xiii) Lease rent, (xiv) Nonagricultural tax. (xv) Education and Training Fund (xvi) Election Fund (xvii) Any Other Charges.

Bye Law No 66. Break-up of Service Charges of the Society. 

The Service charges of the Society referred to at 64 (vii) above shall include the following:

Bye Law No 67(a) Sharing of the Society’s Charges by the Members 

The Committee shall apportion the Share of each Member towards the charges of the Society on the following basis:

Bye Law No 67(b) Committee to fix Society’s Charges is respect of every flat

The Committee shall fix in respect of every flat the Society charges on the basis laid as down under the bye-law No, 67(a).

Bye Law No 68. Repairs and Maintenance to be carried out by the Society 

The following repairs and maintenance of the property of the Society shall be carried out by the Society at its costs:

Bye Law No 69. Payment of the Society’s Charges 

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. 70 (a) and 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.

Bye Law No 70(a) Review of payment defaults cases of Society charges 

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 73CA 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.

Bye Law No 70(b) In case of default by member in payment of maintenance and service charges

In case of default by Member in payment of maintenance and service charges, the committee shall initiate a recovery proceeding under section 101 of the Act.

Bye Law No 71. Interest on defaulted charges 

A Member shall be required to pay simple interest at twenty one percent per annum, or, at such lower rate as may be fixed by the General Body, on the outstanding dues to the Society, from the date the amount was due as prescribed under Bye-law no. 69, till full and final payment by the Member

Bye Law No 72. Incorporation 

The registration of the Society shall render it a body corporate by the name under which it is registered, with perpetual 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.

Bye Law No 73. Common Seal 

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 a resolution of the Committee on 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 along with their name and designation.

Bye Law No 74. Charge and set off in respect of Shares and interest of a Member of the Society 

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 there payment of such charges, as provided under Section 46 of the Act.

Bye Law No 75(a) Flat purchased is deemed to have been allotted. 

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

Bye Law No 75(b) Policy for allotment of flats

The allotment of flats in the building/buildings of the Society shall be made to its Members on the basis of (i) 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 form to the respective Members and obtain confirmation letters from them

Bye Law No 75(c) Cancellation of allotment of flats

Where any Member fails to pay any calls made by the Society under the bye-law No. 74(a), within the time allowed to him by the committee the allotment of 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 re allotment of any other flat to him if it is available for allotment

Bye Law No 75(d) Handing over possession of flats

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

Bye Law No 75(e) Change of user not permissible without the sanction of the Committee.

No Member of the Society shall use the flat / unit deemed to have been allotted to him under (a) above, for a purpose other than that mentioned in the letter of allotment, without the previous consent in writing of the Committee.

Bye Law No 76(a) Society to carry out Structural Audit 

The Society shall cause to undertake the Structural Audit of the building as follows

Bye Law No 76(b)

Such Structural Audit by Societies which are in Municipal Corporations limits shall be conducted by approved Engineers from the Corporations panel. In case of other Societies such structural audit shall be carried by the Govt. Approved Structural Engineers / Architect, and maintain record thereof

Bye Law No 76(c) Fire Audit

The Society shall undertake to carry out periodical Fire Audit of its property as per the State Fire Policy, and maintain record thereof

Bye Law No 76(d) Inspection of Lifts

The Society shall carry out periodical Inspection of Lifts / Elevators and maintain record thereof

Bye Law No 77. To obtain certificate of possession from the allottee 

The committee shall, after getting occupation or completion certificate from 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-law no. 17 / 19.

Bye Law No 78(a) Policy for allotment of parking slots 

The Society shall in the General Body meeting frame and adopt Parking Rules to regulate the Parking slots, in accordance with the Act and Rules there under

Bye Law No 78(b)

The allotment of Parking Space shall be made by the Committee on the basis of “First Come First Served”, for available parking slots However the Member shall have no right to sell or transfer the Parking Slot allotted by the Society.

Bye Law No 78(c) Restriction of Parking Slots

No Member shall be entitled to utilize more parking slots than that officially allotted to him by the Society

Bye Law No 79. Marking of Parking slots 

Where any parking slots have been built or open space in the Society’s compound is available for parking of cars, the Society shall number and demarcate the stilts and / or the open space in such a way that no inconvenience would be caused to any of the Members 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.

Bye Law No 80. Eligibility for allotment of parking slots 

A Member having a vehicle will be eligible to have parking slot. Normally no Member shall be eligible for being allotted more than one parking slot. The vehicles may be 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 parking slots remain unallotted for want of applicants, additional parking slots may be allotted to such Members who already have a slot allotted to them in normal course. Such allotment of additional parking slots shall be made on year to year basis, provided the same are not required by other Members, who have not been allotted even a single parking slot.

Bye Law No 81. If more eligible Members and less Parking Slots 

In case the number of eligible Members for parking slots is in excess of the available parking slots, then the Managing Committee shall allot parking slots on annual basis by fair and transparent process, in concurrence with the General Body regulations.

Bye Law No 82. Applications for allotment of parking slot 

The Member, desiring to have parking slot, may make an application to the Secretary of the Society giving necessary details. The procedure laid down under the bye-law No. 64 for disposal of applications, shall be followed by the Secretary and the Committee of the Society.

Bye Law No 83. Payment of charges for parking of vehicles 

Every Member shall pay the for parking charges for the number of slots allotted to him / her 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 vehicle or not.

Bye Law No 84. Parking of other vehicles 

Every Member, having a scooter, a motor cycle, or an autorickshaw shall obtain prior permission of the Committee for parking his vehicle in the compound of the Society and pay the charges fixed by the General Body of the Society at its meeting.

Bye Law No 85. Holding of the first General Meeting within the stipulated period 

The First General Body meeting of the Promoters, who have signed the Application for Registration of the Society, shall be held within the period of three 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 Society to convene First General Body meeting within the stipulated period.

Bye Law No 86. Calling the first general meeting by the Registering Authority 

On failure of the Chief Promoter of the Society to hold the First General Body meeting within the period mentioned in bye-law no 85, the Registering Authority shall cause it to be convened.

Bye Law No 87. Period of notice for the first general meeting 

Clear fourteen days Notice of the First General Body Meeting of the Society shall be given by the Chief Promoter of the Society or as the case may be, by the Officer Authorized by the Registering Authority, to all the promoters, who have signed the application for Registration of the Society.

Bye Law No 88(a) Functions of the first General Meeting 

At the First General Body Meeting of the Society, the following business shall be transacted:

(IN ADDITION FOLLOWING ARE APPLICABLE FOR PLOT-PURCHASED TYPE SOCIETY)

Bye Law No 88(b) Nomination of a provisional committee by the Registering Authority

Where the First General Meeting fails to elect a Provisional Committee, the Registering Authority shall be competent to Nominate such a Committee, including the Chairman and the Secretary of the Society for a period of one year.

Bye Law No 89. Recording of minutes at the first General Meeting 

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. 88(b).

Bye Law No 90. Handing over records by the Chief Promoter of the Society 

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. 87(b),hand over to the Chairman of the Society or any Member of the Provisional Committee authorised by it on that behalf:-

Bye Law No 91. Powers of the Provisional Committee 

The Provisional Committee or the Nominated Committee shall have the all powers and functions as the committee duly elected in accordance with the Act, Rules & Bye-laws of the Society.

Bye Law No 92. Period of office of the Provisional Committee 

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.

Bye Law No 93. Handing over charge by the Provisional Committee 

The Chairman of the Provisional Committee or the Nominated Committee shall handover charge of all the assets and documents & 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. 90.

Bye Law No 94(a) Period within which annual general body meeting should be held 

The Annual General Body Meeting of the Society shall be held on or before 30th September each year as provided under Section 75(1) of the Act. (as there is no provision for extension of time to hold AGBM)

Bye Law No 94(b)

In case of default in calling the Annual General Body Meeting as stipulated in bye-law 94(a) above, shall attract disqualification and action as provided under section 75(5) of the Act.

Bye Law No 95. Functions of the annual general body meeting of the Society 

The Annual General Body Meeting of the Society shall transact the following business:

Bye Law No 96. When a Special General Meeting should be called 

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 1/5th 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, fixing date, time and place for a Special General Body Meeting requisitioned.

Bye Law No 97. Fixing date, time and place for a Special General Meeting Requisitioned 

The requisition for the special general body meeting of the Society, under the bye-law no. 95 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.

Bye Law No 98. Notice of a General Body Meeting 

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 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 as provided in Bye-law no. 162. On his failure to issue the notice, the Chairman shall issue it.

Bye Law No 99. Period of notice of a general body meeting 

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, as provided under Bye-law No. 162, 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 decides 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.

Bye Law No 100. Quorum for the General Body Meeting 

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.

Bye Law No 101. Holding of the adjourned General Body Meeting 

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, the business on the agenda of the original general body meeting shall be transacted, whether there is requisite quorum or not.

Bye Law No 102. Postponement of the General Body Meeting which cannot complete the business on the Agenda 

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 is convened, the meeting shall be postponed to any other suitable date as may be decided by the Members present at the meeting, however not later than 30 days from the date of the meeting.

Bye Law No 103. Chairman of the Society to preside over all General Body Meetings 

The Chairman of the Society shall preside over all General Body Meetings of the Society, in case 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 the meeting.

Bye Law No 104. Restrictions on attending a general body meeting by a proxy 

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.

Bye Law No 105. Voting right of a Member 

Voting right of a Member and the Associate Member of the Society shall be regulated in accordance with the provisions of Section 27 of the Act.

Bye Law No 106. One Member One vote 

At the General Body Meeting of the Society, every Active 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.

Bye Law No 107. How decisions shall be taken 

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 Members present and voting at the meeting.

Bye Law No 108. Recording of the minutes of the general body meetings 

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 the draft minutes were finalised. 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, at 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.

Bye Law No 109. Cancellation of the previous resolution of the general body meeting 

No resolution can be brought at a General Body Meeting of the Society, cancelling its previous resolution, unless six clear months have elapsed, after passing of the previous resolution.

Bye Law No 110. General body meeting to be the supreme authority 

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.

Bye Law No 111. Management of the Society to vest in the Committee 

The Management of the affairs of the Society shall vest in the Committee duly constituted in accordance with the provisions of the Act, the Rules and the Bye-lawsof the Society.

Bye Law No 112. Exercise of powers by the Committee 

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. 138.

Bye Law No 113. Opening of Banking Account and Investment of Funds 

A Banking Account shall be opened by the Society in the nearest State or District Central Co-op Bank / a Scheduled Bank having awarded “ A “ Audit Class in last three consecutive years, , nationalised Bank, and in any other mode permitted by general or special order of the State Government, as provided under section 70 of the Act and the account shall be operated upon and all acquaintances and discharges shall be signed by the Secretary jointly with the Chairman or Treasurer.

Bye Law No 114. Strength of the Committee 

The Committee shall consist of *11 / 13 / 15 / 17 / 19 Members of the Society. This strength includes the reservation of seats as provided under section 73B and 73C of the Act.
Note: *The strength of the managing committee and strength of the quorum for conducting the meeting would be as under:-

*Quorum for the Meeting will be simple majority of the existing Committee Members

Bye Law No 115. Election of the Committee 

Bye Law No 115(a)

Election of all the Members of the Committee shall be held once in 5 years, before the expiry of its term, in accordance with the provisions of Sec 73- CB of the Act and the Rules / procedure framed there under. It shall be the duty of the Committee to intimate to the State Election Authority for holding of its election before expiry of its term. On failure the Committee Members shall cease to hold office after expiry of its term, and attract action by the Registrar under section 77 A.

Bye Law No 115(b)

The Committee of the Society may co-opt two “Expert Directors” relating to the objects and activities under taken by the Society..The number of such co-opted Members shall not exceed two in addition to the strength of the committee as provided in bye-laws No. 113., such co-opted Members shall not have the right to vote in any election of the Society in their capacity as such Member or to be eligible to be elected as office bearers of the committee.

Bye Law No 115(c)

The Committee of the Society may co-opt two “Functional Directors”, such Members shall be excluded for the purposes of counting the total numbers of the committee and shall have no right to vote.

Bye Law No 115(d)

In respect of housing society having contribution of the Government towards its share capital, then the members of the committee shall include two officers of the Government nominated by the State Government, which shall be in addition to the number of members specified as above, and as provided under section 73 AAA of the Act.

Bye Law No 115(e)

The Election of the Society shall be conducted by the State Cooperative Election Authority under section 73CB

Bye Law No 116. Prohibition against being interested in the Society 

No Officer of the Society shall have any interest, directly or indirectly, otherwise than as such officer: (a) In any contract made with the Society.(b) In any property sold or purchased by the Society. (c) In any other transaction of the Society, except 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.

Bye Law No 117. Disqualification for being elected on the Committee 

Bye Law No 117(a)

he / she has been convicted of the offence, involving moral turpitude, unless the period of six years has elapsed since his conviction ;

Bye Law No 117(b)

he / has 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 registered post, demanding the payment of dues ;

Bye Law No 117(c)

he /she has been held responsible under Section 79 / 88 / 147 of the Act or has been held responsible for the payment of the costs of enquiry under Section 85 of the Act;

Bye Law No 117(d)

In case of an Associate Member, non-submission of the no-objection certificate and undertaking, as prescribed under these bye-laws, by the Member ;

Bye Law No 117(e)

he is not an Active Member ;

Bye Law No 117(f)

he has without previous permission in writing has sublet his flat or part thereof or given it on leave and license or care taker basis or has parted with its possession in any other manner or has sold his shares and interest in the society

Bye Law No 118. Constitution of the Committee 

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, the committee has, for whatever reason, has not been so far constituted, forward their names together with their permanent addresses to the Registrar, 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 Constitution of the Committee 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.

Bye Law No 119(a) Cessation of a Member of the Committee. 

A person shall cease to be the Member of the Committee, if:

Bye Law No 119(b) Intimation of Cessation of Membership of the Committee.

If a Member of the Committee attracts any of the disqualifications under the bye-law no. 119 (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 on the order of the Registrar

Bye Law No 120. 

No Member of the Committee shall be present at the consideration of any matter, in which he is directly or indirectly interested.

Bye Law No 121. Period of Office of the elected Committee 

The period of office of the Committee elected under the bye-law No. 115(a) shall be for 5 years from the date of assuming the office.

Bye Law No 122(a) First Meeting of new Committee 

The first meeting of the newly elected jointly with outgoing Committee shall be held within 30 days from the date of constitution of the new committee as per bye-law No. 117 and the provisions of Section 73AAA.

Bye Law No 122(b) 

Subject to the provisions of the bye-law No. 122(a) the Secretary of the outgoing Committee shall issue notice of the first meeting to the Members of the newly elected Committee and the outgoing Committee thereof. On the failure of the Secretary of the outgoing Committee to convene the joint meeting, the Chairman of the outgoing Committee shall call it. On the failure of both, the Registration Authority may call such a meeting.

Bye Law No 123. Custody of the records of the Society 

All records of the Society shall be kept at its premises, convenient to the secretary, with the approval of the Committee of the Society.

Bye Law No 124. Outgoing Chairman to handover charge to new Chairman 

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 the 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 MCS Act 1960.
Note : The word ‘Paper’ used in this bye–laws and any other bye-laws shall mean all and / or any items mentioned in the bye-laws nos.141 and 142, and data / information in digital form

Bye Law No 125. Election of office bearers of the Society 

Bye Law No 125(a) At the first meeting New Committee to Elect New Office Bearers

Every Committee, at its first meeting, after its election shall elect a Chairman, Secretary and Treasure from amongst the Members of the Committee.

Bye Law No 125(b) Tenure of Office of Office Bearers

The Officer of the Society shall hold office for the period of 5 years from the date on which he is elected to be the Chairman 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 Officer, if the motion of No Confidence is moved in the special meeting of the Committee called and presided by the Registrar or such officer not below the rank of a Assistant Registrar upon the notice given by 1/3rd Members of the Committee and the motion of No confidence is passed by the 2/3rd Members present at such meeting, who are entitled to vote at the election of such Chairman, Secretary or 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 preceding motion of the No Confidence.

Bye Law No 126. Quorum must for Committee Meetings 

The Committee meeting shall be normally held in the premises of the Society. The quorum for Committee Meeting shall be as mentioned in Bye-law No. 113. 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.

Bye Law No 127. Number of Committee Meetings to be held in a month 

Bye Law No 127(a) Committee meeting once in a month

The Committee shall meet as often as necessary but at least once in a month.

Bye Law No 127(b) 

in case of emergency, the Committee may place a resolutions and get the same passed by the Committee Members, however the same be placed before the next subsequent meeting.

Bye Law No 128. Filling up Casual Vacancy on Committee 

The Committee may fill a casual vacancy on the Committee by nomination out of a same class of Active Members in respect of which the casual vacancy has arisen as per section 73 CB and as per the instruction issued by State Cooperative Election Authority

Bye Law No 129. The period of office of the co-opted Member of the Society 

The period of office of the co-opted Member of the Committee shall be coterminous with tenure of Office of the Committee.

Bye Law No 130. Resignation of Committee Member of the Society 

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 or the period of one month from the date of the receipt of the letter or resignation by the Chairman or the Secretary of the Society, whichever is earlier.

Bye Law No 131. Resignation of office bearers of the Society 

Bye Law No 131(a) Resignation of the Chairman

The Chairman of the Society may resign his office as Chairman by a letter addressed to the Secretary of the Society;

Bye Law No 131(b) Resignation of the Secretary or Treasurer

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.

Bye Law No 131(c) Resignation of Office Bearers when effective

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.

Bye Law No 131(d) Resignation of Office Bearers when to accept

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 upto date the work entrusted to him and has produced the entire papers and property of the Society, in his possession, before the Committee.

Bye Law No 131(e) Resignation of the entire Committee

In case entire committee intends to resign, the resignations of the committee shall be placed before the General Body and such resignations shall be effective from the date of acceptance of such resignations by the General Body. This fact of acceptance of resignations of the entire Committee by the General Body, shall be communicated to the Registrar by the outgoing officers and Registrar may take necessary action as provided under section 77 A of the Act. However the existing Committee shall continue to carry on with only routine functioning of the Society, till alternate arrangement is made by the Registrar

Bye Law No 132. Notice of Committee Meetings 

The Secretary of the Society shall give 3 clear day’s notice of meetings 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 there at, in consultation with the Chairman of the Society. Where the Secretary of the Society fails to issue such a notice and agenda of any 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 and request may call such a meeting.

Bye Law No 133. The chairman of the Society to preside over the Meetings of the Committee 

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.

Bye Law No 134. One member One vote. Decision by Majority 

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 vote.

Bye Law No 135. A Special meeting of the Committee at the Instance of the 1/3 rd members of the Committee or bye the Chairman 

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 matter mentioned in the requisition to discuss the matter 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-laws No. 131 shall be followed

Bye Law No 136. Secretary to attend every meeting of the Committee and Record the Minutes 

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 the Chairman of the Society shall make alternate arrangement for recording minutes of the meeting.

Bye Law No 137. Joint and Several liabilities of Committee Members 

The Members of the Committee shall be jointly and severally responsible for all the decisions taken by the committee during its term relating to the business of the Society. The Members of the committee shall be jointly and severally responsible for all the acts and omissions detrimental to the interest of the Society.

Bye Law No 138. Powers, function and duties of the committee 

Subject to the bye – law 111 the Committee shall exercise the powers and discharge the functions and duties as mentioned hereunder

Bye Law No 139. Chairman’s power of overall superintendence 

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 MCS Act 1960. Rule 1961 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.

Bye Law No 140. 

The functions of the Secretary of the Society shall be those mentioned below :

Bye Law No 141. Books of Accounts, Registers and other books to be maintained 

The Society shall maintain the following books of accounts, records and Registers.

Bye Law No 142. Other Record to be Maintained Separately 

The Society shall maintain separate files for the following subjects :

Note: The Society shall also maintain separate files relating to other subjects not expressly indicated above.

Bye Law No 143. Secretary to maintain and keep upto date the Accounts Books etc 

Unless otherwise decided by the Committee, it shall be the responsibility of the Secretary of the Society to maintain and keep up to date the Account Books, Registers and other Records mentioned under the bye-laws Nos. 141 and 142.

Bye Law No 144. Limit for cash on Hand limit 

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 every day, a sum, not exceeding Rs. 5,000 (Rupees Five Thousand only),for petty expenses. If due to unavoidable circumstances, the cash in hand has exceeded the above limit, the excess cash shall be credited into the bank within the next three days by the Secretary or any other person authorised by the Committee to keep cash in hand.

Bye Law No 145. Payment beyond certain Limit by Cheques 

All payments in excess of Rs.1500/- (Rupees Fifteen Hundred) shall be made by means of crossed a/c payee’s cheques.

Bye Law No 146. Finalization of Accounts 

Bye Law No 146(a) Finalisation of Accounts

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 Statement, 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 MCS Rules 1961 alongwith the list of Active Members and Non-Active Members as at the close of the preceding co-operative year, with amounts to their credit in the share capital account and deposits, if any, the schedules of investments, the debtors, the creditors, the furniture, the fixtures and the office equipments etc. .

Bye Law No 146(b) Filling of Annual Returns

The Society shall prepare and file Annual Returns as prescribed in the Act & the Rules. The Society shall file Annual Returns on or before 30th September of every year with the Registrar including the following matters, namely

Bye Law No 147. Security by the Employees 

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 MCS Rules 1961.

Bye Law No 148. Contribution to the Statutory Reserve Fund of the Society. 

Bye Law No 148(a) Contribution to Statutory Reserve Fund

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 MCS Act 1960 and Rule 49A of MCS Rules 1961, twenty five percent (25%) 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.

Bye Law No 148(b) Distribution of remaining profit of the Society

The remaining seventy five percent (75%) of the net profit of the Society shall be utilised as provided under Rule 50, 51, 52, 53 of MCS Rule 1961.

Bye Law No 149. Amounts which could be written off: 

Subject to the bye-law no. 150, the Society may write off 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.

Bye Law No 150. Procedure to be followed before writing off any Account 

The amounts mentioned in the bye-law no. 149 shall not be written off unless:

Bye Law No 150(a) 

the meeting of the General Body of the Society has given due sanction for writing off the amounts.

Bye Law No 150(b) 

the approval of the financing agency to the writing off of the amounts, if the Society is indebted to it.

Bye Law No 150(c) 

the approval of the Registering Authority is obtained.

Provided that, if the Society is affiliated to the District Central Cooperative 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 at the 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 Bad Debt Fund, specially created for the purpose to cover the amount proposed to be written off.

Bye Law No 151(a) Appointment of Auditors 

The Society shall appoint the Statutory Auditor in its General Body Meeting from the panel of Auditors approved by State Govt. and same Statutory Auditor shall not be appointed for more than two consecutive years. The Statutory Auditor shall submit his Audit Report as provided in section 81 of the Act.

Bye Law No 151(b) Responsibility of the Committee to get the Accounts Audited

It shall be the responsibility of the Committee to get the Accounts Audited within a period of six months from the closure of financial year and in any case before issuance of Notice of the holding of the Annual General Body Meeting.

Bye Law No 151(c) The Remuneration of Auditors

The Remuneration of Auditors so appointed shall be decided by the General Body Meeting of the Society.

Bye Law No 151(d) 

The Society may, if it considers it necessary, appoint an internal Auditor, to audit the accounts of the Society, at the Annual General Body Meeting

Bye Law No 152. Secretary to produce books, register, records etc. to Internal/Statutory Auditors 

The Society shall appoint the Statutory Auditor in its General Body Meeting from the panel of Auditors approved by State Govt. and same Statutory Auditor shall not be appointed for more than two consecutive years. The Statutory Auditor shall submit his Audit Report as provided in section 81 of the Act.

Bye Law No 153(a) Preparation of Audit Rectification Report 

On 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 the Audit rectification Report in form ‘0’ prescribed under Rule 73 of the MCS Rules 1961 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. The Audit Rectification shall be done by the Committee within three months from the date of audit report. The committee shall submit Audit Rectification Report to the Registrar and the Annual General Body Meeting of the Society.

Bye Law No 153(b)

If the Committee of the Society fails to submit Audit Rectification Report to the Registrar and the Annual General Body Meeting, all the Members of the Committee shall be deemed to have committed an Offence under section 146 of the Act and shall be liable for Penalty under section 147 of the Act.

Bye Law No 154. Conveyance/Deemed Conveyance 

Bye Law No 154(a) Steps to be taken by the Committee

The committee shall with the approval of General Body, take necessary steps for Conveyance/Deemed Conveyance of the land/building/buildings in favour of the Society.

Bye Law No 154(b) Finalisation of Deed of Conveyance

The Committee shall examine, in consultation with the Advocate of the Society, the Deed of the Conveyance/Deemed Conveyance of the land and the building/buildings thereon and place the same before the Meeting of the General Body of the Society for its approval.

Bye Law No 154(b) Execution of Deed of Conveyance

On approval of the Draft Deed by the General Body Meeting of the Society, the Committee shall execute it as per law.

Bye Law No 155. Committee’s responsibility to maintain the Society’s Property 

It shall be the responsibility of the Committee to maintain the property of the Society in good condition at all times and to redevelop the Society buildings/property, if necessary, as per Government directives from time to time and as per prevailing laws.

Bye Law No 156(a) Inspection of Society’s property for repair 

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(if necessary along with technical expert appointed for the purpose), 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.

Bye Law No 156(b)

the Members of the Society shall allow access and cooperate in the inspection of the premises for repairs & maintenance

Bye Law No 157(a) Limit for expenses on repairs 

The Committee shall be competent to incur expenditure on the repairs and maintenance of the Society’s property once in a financial year, the onetime expenditure does not exceed :

Bye Law No 157(b) General Body approval if limit exceeds

If one time expenditure on repairs and maintenance of the Society’s property exceeds the limit as mentioned under bye-law No. 157(a) prior sanction of the meeting of the General Body of the Society shall be necessary.

Bye Law No 157(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 limit, 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 Architect (if appointed) and the Contractor.

Bye Law No 157(d) Appointment of Architect for Redevelopment

The appointment of An Architect : In respect of redevelopment of Society buildings the procedure to be followed as per Government Resolutions (as amended from time to time) and provisions in Architect Act 1972.

Bye Law No 157(e) Appointment of Architect if builder has not appointed one

If no appointment of an Architect is made by the Promoter ,the meeting of the General Body of the Society shall appoint an Architect on such terms and conditions as it deems fit and as per the provisions of Architect Act 1972.

Bye Law No 157(f) Contractor with Architect

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 as per the provisions of Architect Act 1972.

Bye Law No 157(g) Plans and estimates of construction

The Architect shall prepare the plans and estimate and feasibility report 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 as per the feasibility report of the the of the construction of the building/buildings, approved by the meeting of the General Body of the Society to the Local Authority for sanction as per finally approved tenders.

Bye Law No 157(h) Inviting Tenders for Redevelopment

As per procedure mentioned in redevelopment G.R. dated 03-01-2009 the Committee shall invite tenders in consultation with the Architect appointed by Society.

Bye Law No 157(i) Opening and approval of Tenders

The Secretary shall open the tenders received by him in the meeting of the Committee, which shall scrutinize 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.

Bye Law No 157(j) Settlement of Disputes

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 shall be referred to sole Arbitrator appointed by the Society.

Bye Law No 158. Work on Repairs and Redevelopment 

Subject to the provisions of the bye-law no. 157 , the Committee shall proceed to carry out the construction, repairs and maintenance of the property of the Society and Redevelopment of the Society buildings as per Govt Directives from time to time It shall be the responsibility of the Committee till the completion of the work and to see that the repairs and redevelopment of Society buildings are carried out as per the provisions of the contract executed by the Society.

Bye Law No 159. 

The following repairs and maintenance of the property of the Society shall be carried out by the Society at its costs:

Bye Law No 159(a) Repair and Maintenance at Society’s Costs

Bye Law No 159(b) Repair at member’s Cost

All the repairs, not covered by the bye-law No. 158(a) shall be carried out by the Members at their cost. The expenditure of the internal leakage due to toilet, sink etc. should be borne by concerned flat holders, with the intimation to the Society.

Bye Law No 160(a) Building Insurance 

The Society shall insure its building/s necessarily against risk of natural calamities, fire, flood, earthquake, third party liability and like

Bye Law No 160(b) Emergency Plans

The managing Committee of each and every Housing Society shall chalk out Emergency Planning Scheme, which include below mentioned details in respect of the Society and the surrounding area. (1) Probability of danger and analysis thereof. (2) Evaluation of risk in pursuance disaster management. (3) Response Machinery eg. Police/Fire Brigade/Municipal council etc.(4) Important Telephone Numbers.

Bye Law No 161. 

No Member of the Society shall destroy, deface or cut down any trees in the compound of the Society. Any action, any contravention of the above provision may render the Member concerned liable for action.

Bye Law No 162. Modes of communication of Notices, Resolutions, Decisions etc. 

Bye Law No 162(a)

It shall be open to the Society, having regard to the importance of the matter and the specific provision made thereof under the MCS Act1960, the MCS Rules 1961 and the Bye-laws of the Society, to give notice of every General body 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:

Bye Law No 162(b)

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 given or communication 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.

Bye Law No 163. Accounting Year 

The accounting year of the Society shall be that commencing on 1st April and ending on the 31st March of the subsequent year.

Bye Law No 164. Notice Board 

The Society shall have its Notice Board, fixed at a conspicuous part of the building/s, on which shall be exhibited all notices and communications referred to in the bye-law No.161 (a), 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 MCS Act 1960 and, the MCS Rules 1961 and the Bye-laws of the Society. If there is more than one building, the similar Notice Board shall be fixed in all the buildings.

Bye Law No 165. Penalties for breaches 

Bye Law No 165(a) 

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 byelaw/byelaws. The General Body Meeting, after considering the Say of the Member and after giving him hearing, may levy penalty to the extent of maximum consolidated penalty not exceeding Rs.5,000/- in any one financial year.

Bye Law No 165(b) 

Save except other provision in the Act, the A.G.M / Special G.B.M. can penalize a Member for committing breaches in his Responsibilities. Such penalty should be reasonable and equal to all such erring Members. A.G.M./Special G.B.M. is empowered to frame the penalty amount. The managing committee shall recover such penalties with proper care.

Bye Law No 166. Alteration/Amendment of Bye Laws 

No bye-law shall be made, altered or abrogated unless

Bye Law No 167. Operation of Lifts, Solar Water Heaters etc. 

The Committee shall regulate the operation of the lifts, solar water heaters taking into consideration the convenience of the majority of the Members of the Society.

Bye Law No 168. Restriction on Playing Games 

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 impose.

Bye Law No 169. Prohibition on letting out open/common spaces 

The Society shall not let out or give on leave and license basis or permit any subletting, any open space available under the Staircases, Terraces/Open ground/Lawns/Club house/ Common Hall etc. to any person whether the Member of the Society or not, for any purpose whatsoever.

Bye Law No 169(a) Penalties for encroachment of common spaces

All open /common area meant for use of all Members for eg. staircase, steps, landing areas, parking spaces, lift, corridor, and such other spaces, cannot be occupied by any Member for his own use. The use of such areas shall be restricted to the cause for which these are meant. Any Member found to be violating the above condition by encroachment shall have to vacate the encroachment and further he/she shall pay an amount equal to five times the monthly maintenance charges per month for the period for which he/she has encroached such spaces and further Members must not carry out any constructions, structural changes over and above the sanctioned plan without prior permission of the Society and Concerned Municipal Authorities / Competent Authorities.
Also Members must use the flat /unit for purpose it was meant/sanctioned.
Any Member violating the above directives shall pay an amount equal to five times the monthly maintenance charges, per month with retrospective effect for the period for which such violation is existed.

Bye Law No 170. Temporary use of the Terrace/Open Space by any Member 

Notwithstanding the provisions under the bye-law no. 168, 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 any Member /Members want to install a solar energy water heating systems or solar energy electrical system, then space shall be made available to such Member/Members on the terrace as per availability.

The said systems may include

Bye Law No 171. Fees of supply of copies of the documents 

The Member of the Society, requiring copies of the documents shall pay copying fees and other charges at the rates mentioned against them :

Bye Law No 172. Complaint application to be submitted to the Society 

Member/Members shall submit their complaint application to any of the Office bearers of the Society, in writing, giving thereby the details of the complaint.

Bye Law No 173. Committee’s action on the Complaint Application 

After receipt of such, complaint application, the committee shall take decision thereof, in the immediate next Managing Committee meeting. Such decision shall be communicated to the concerned Member, within 15 days thereafter.

Bye Law No 174. If the action is not taken within stipulated period by the society then to whom the complaint to be made 

If the Member/Members are not satisfied by the decision of the Committee, or does not receive any communication from the committee within 15 days, the complainant Member may approach below mentioned Competent Authority.

Bye Law No 174(a) THE REGISTRAR

Bye Law No 174(b) CO-OPERATIVE COURT

Disputes between the Members and/or the Members and Society, which falls under Section 91 of the MCS Act 1960 such as:-
Disputes pertaining to:-

Bye Law No 174(c) CIVIL COURT

Disputes pertaining to :-

Bye Law No 174(d) MUNICIPAL CORPORATION/LOCAL AUTHORITY

Matters pertaining to:-

Bye Law No 174(e) POLICE

Matters pertaining to:-

Bye Law No 174(f) GENERAL BODY MEETING

Matters pertaining to:-

Bye Law No 174(g) FEDERATION -DISTRICT / STATE

Matters pertaining to:-

Bye Law No 175. Redevelopment of the Property/Building of the Society 

Bye Law No 175(a) Redevelopment strictly as per Directives dated 3rd January, 2009

Redevelopments of the Property / Building of the Society including vacant spaces shall be done strictly in accordance and confirmation with the Directions issued by the Government of Maharashtra vide Government Resolution no. CHS 2007/M.No. 554/14-S dated 03 January 2009, under section 79{A} of the Maharashtra Cooperative Societies Act 1960 (as amended from time to time).

Bye Law No 175(b) If the Development Agreement is not executed with the developer

If the development Agreement is not executed with the developer in that case, the Society after cancelling the same resolution, the Society may appoint a new developer from the short list of approved developer, and if it is not possible, fresh procedure can be initiated.

The Representative of the Registrar must be invited for the aforesaid General Body Meeting and his attendance is compulsory.

Bye Law No 175(c) Increasing Authorised Share Capital if member are increased after Redevelopment

In case of increase of membership on account of redevelopment the Society shall increase the Authorised Share Capital and amend the bye laws accordingly and the list of new members be submitted to the Registrar for appropriate approvals

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