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Comparision of Old and New Bye Laws (2009 & 2013)

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Model bye-laws 2009

Fresh Bye-laws as per 97th Constitutional Amendment and MCS Amendment Ordinance, 2013

 

Name of the society

1. (a) The name of the Society shall be. .......................................................

 

(b) 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.

 

(c) The society is classified under major class “Housing” with sub-class “Tenant Co-partnership Housing Society”.

 

Name of the society

1. (a) The name of the society shall be .....................................

 

(b) The society shall follow the procedure laid down under Procedure for Section 15 of the Act and Rule 14 of the Rules for the Changing the change of its name.

 

(c) The society is classified under major class "Housing” with sub-class “Tenant Co-partnership Housing Society."

(a) The registered address of the society shall be as under:

..................................................................................................................

 

(b) 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.

 

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

 

(d) The society shall exhibit at conspicuous place at the main entrance of the building, a Board indicating its name, registration number and the Registered address.

(a) (i) The registered address of the society shall be as under:

(ii) Address for Correspondence (as decided by the Managing Committee)

 

(b) Any change in the registered address of the society Procedure for shall be intimated by it to the Registering Authority and the all others concerned within 30 days of such change.

 

(c) Any change in the registered address of the society shall be made after following the procedure laid down in Rules.

 

(d) 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.

II. Unless otherwise separately provided in these bye-laws, the following words and terms shall have the meaning assigned to them herein:

 

(i) “Act” means the Maharashtra Co-operative Societies Act, 1960;(MCS Act)

 

(ii) “Bye-laws” means the registered bye-laws of the society

 

 

(iii)“Chief Promoter” means the person who is elected by the Promoters, in their first meeting, or in their subsequent meetings in case the post of the Chief Promoter lies vacant, till the first general meeting.

 

(iv)“Committee” means the Committee of the members or other directing body of the management of the affairs of the Society is entrusted;

 

 

 

(v) “.....Days” Clear Notice means the number of calendar days intervening between the day of posting the notice and the day of the meeting;

 

(vi) “Flat” means a separate and self contained set of premises used or intended to be used for residence, or office, or showroom, or shop, or godown and includes a garage, or dispensary, or consulting room, or clinic, or flour mill, the coaching classes, or palna ghar or beauty parlour, the premises forming part of a building and includes an apartment;

(vii) “Housing Federation” means the federation of Co-operative Housing Societies, registered under the Act;

 

(viii) “Ownership Flats Act” means the Maharashtra Ownership Flats (Regulation of the Promotion ofConstruction, Sale, Management and Transfer) Act, 1963;

 

(ix) “Papers” means all or any of items mentioned in the bye-laws Nos. 142 and 143;

 

(x) “Parking Space” means open space within the premises of the society earmarked by it for parking of vehicles and includes a stilt;

 

(xi) “Prescribed Form” means the form included in the Annexure II indicating the bye-law No. under which it is prescribed and the Appendix at which it is enclosed;

 

(xii) “Promoter” means a person, who has signed the application for registration of the society.

 

(xiii) “Builder-Promoter” means a person who constructs or causes to be constructed a block or building of flats or apartments for the purpose of selling some or all of them to other persons, or to a company, Co-operative Society or other association of persons, and includes his assignees; and where the person who builds and the person who sells are different persons, the term includes both;

 

(xiv) “Rules” means the Maharashtra Co-operative Societies Rules, 1961;

 

(xv) “Reserve Fund” means the fund constituted under the provisions of Section 66(1) of the Act and the Bye- Law No. 12(i);

 

(xvi) “Repairs and Maintenance Fund” means the fund constituted under the Bye-law No.13(a);

 

(xvii) “Sinking Fund” means the fund constituted under the Bye-law No.13(c);

  1.  

(xviii) “Major Repair Funds” means a Fund created by the society and constituted under Bye-law No 13 (b) for the purpose of Major Repairs, such as Plastering, building of compound wall, pavement, total painting, reconstruction;

 

(xix) ‘Municipal Act” means the Maharashtra Municipalities Act 1965 (Mah.XL of 1965);

 

(xx)” Open space” means an Area, forming an integral part of the site, left open to sky;

 

(xxi)” Open terraces” means terraces which are otherwise not in the exclusive possession of any of the members;

 

(xxii)” Common Areas & Facilities” means

a) the land on which the building is located;

b) the foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors, lobbies, stairs, stair-ways, fire escapes and entrances and exits of the building;

c) the basements, cellars, yards, gardens, parking areas (unless not specifically sold) and storage spaces;

d) the premises for the lodging of janitors or persons employed for the management of the property;

(e) installations of central services, such as power, light, gas, hot and cold water, heating, refrigeration, air conditioning and generators;

f) the elevators, tanks, pumps, motors, fans, compressors, ducts and in general all apparatus and installations existing for common use;

g) such community and commercial facilites as may have been provided for;

h) all other parts of the property necessary or convenient to its existence, maintenance and safety or normally in common use;

 

(xxiii)‘Society’ means the ........................................ Co-operative Housing Society Ltd.,

 

(xxiv)” Member” means a person joining in an application for the Registration of a Co-operative Society which is subsequently registered, or a person duly admitted to membership of a Society after Registration and includes a Nominal and Associate member.

 

 

 

 

 

 

 

 

 

3. Unless otherwise separately provided in this bye - Interpretations of - laws, the following words and terms shall have the meaning assigned to them here in:

(i) 'Act' means the Maharashtra Co-operative Societies Act; (MCS Act) 1960.

 

(ii) Bye-laws' means by-laws consistent with Act and registered under this Act for the time being in force and includes registered amendments of such bye-laws.

 

(iii) 'Chief Promoter' means the person who is elected by the Promoters, in their first meeting, or in their subsequent meetings in case the post of the Chief Promoter lies vacant, till the first general meeting.

 

(iv) "Committee" means the Committee of management or board of directors or the governing body or other directing body of a cooperative Housing society, by whatever name called, to which the management of the affairs of a society is entrusted and vested under section 73 of the Act

 

(v) ' ----- Days' Clear Notice means the number of calendar days intervening between the day of posting the notice and the day of the meeting.

 

(vi) Flat' means a separate and self contained set of premises used or intended to be used for residence, or office, or show-room, or shop, or godown and includes a garage, or dispensary, or consulting room, or clinic, or flour mill, or coaching classes, or palnaghar, beauty parlour, the premises forming part of a building and includes an apartment.

(vii) 'Housing Federation' means the federation of co-operative housing societies, registered and notified under the Act.

 

(viii)'Ownership Flats Act' means the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963.

 

(ix) 'Papers' means all or any of the items mentioned in the bye-laws Nos. 142 and143.

 

(x) 'Parking Space' means open space within the premises of the society earmarked by it for parking of vehicles and includes a stilt.

 

(xi) 'Prescribed Form' means the form included in the Annexure II indicating the bye-law No. under which it is prescribed and the Appendix at which it is enclosed.

 

(xii) 'Promoter' means a person, who has signed the application for registration of the society.

 

(xiii) "Promoter Builder" means a person and includes a partnership firm or a body or association of person, [whether registered or not] who constructs or causes to be constructed a block or building of flats [or apartments] for the purpose of selling some or all of them to other persons, or to a company, Co-operative Society or other association of persons, and includes his assignees; and where the person who builds and the person who sells are different persons, the term includes both.

(xiv) 'Rules' means the Maharashtra Co-operative Societies Rules, 1961.

 

(xv) 'Reserve Fund' means the fund constituted under the provisions of Section 66 (1) of the Act and the Bye-law No. 12(i).

 

(xvi) 'Repairs and Maintenance Fund' means the fund constituted under the Byelaw No. 13(a).

 

(xvii) 'Sinking Fund' means the fund constituted under the Bye-law No. 13(c).

 

(xviii) ‘Major Repair Funds’ means a Fund created by the society and constituted under Bye-law No. 13 (b), for the purpose of Major Repairs including Plastering, building of compound wall, pavement, total painting, reconstruction.

 

(xix) ‘Municipal Act' means the Maharashtra Municipalities Act 1965 (Mah. XL of 1965).

 

(xx) ‘Open space' means an Area, forming a integral part of the site, left open to sky.

 

(xxi)‘Open terraces’ means terraces which are otherwise not in the exclusive possession of any of the members.

 

(xxii) ‘Common Areas and Facilities’ means

a) The land on which the building is located;

b) The foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors, lobbies, stairs, stair-ways, fire escapes and entrances and exits of the building;

c) The basements, cellars, yards, gardens, parking areas (unless not specifically sold), and storage spaces.

d) The premises for the lodging of janitors-or persons employed for the management of the property;

e) Installations of central services such as power, light, gas, hot and cold water, heating, refrigeration, air conditioning and generators.

f) The elevators, tanks, pumps, motors, fans, compressors, ducts and in general all apparatus and installations existing for common use;

g) Such community and commercial facilities as may have been provided for,

h) All other parts of the property necessary or convenient to its existence, maintenance and safety, or normally in common use;

 

(xxiii) 'Society' means the................................... Co-operative Housing Society Ltd registered under the Act.

 

(xxiv) ‘Member’ means a person joining in an application for the Registration of a Cooperative Housing Society which is subsequently registered, or a person duly admitted to membership of a Society after Registration and includes Active Member, Associate member and Nominal Member;

 

 

(a)"Active member" means a person:

1) Who has purchased and/or owns the Flat / Unit in the Society.

2) Who attends at least one General Body Meeting of the Society in the previous Five consecutive Years?

3) He has at least paid the amount equivalent to one Year of society Maintenance and Service charges, within a consecutive period of Five years.

 

a) “Associate Member” means a member who holds jointly a share of a Society with others, but whose name does not stand first in the share certificate.

 

b) “Nominal Member” means a person admitted to membership as such and registration in accordance with the Bye-laws.

 

(xxv)” Family” means Group of persons, which includes husband, wife, father, mother, sister, brother, son, daughter, son-in-law, brother-in-law, sister-in-law, daughter-in-law, grandson/daughter.

 

(xxvi)” Transfer Fees’ means the sum payable by a Transferor to the Society for the transfer of his shares along with occupancy right as provided under the Bye-law No. 38(e)(vii).

 

(xxvii)” Premium’ shall mean and include the amount payable to the Society by the member, transferring his shares and interest in the capital/ property of the Society, in addition to the transfer fee as provided under bye-law no.38(e)(ix).

 

(xxviii)” Working Capital” means funds at the disposable of the Society inclusive of the paid up capital, share capital, funds created out of profits and money raised by borrowing or by any other means.

 

(b) "Associate Member" means a member who holds jointly a share of a society with others, but whose name does not stand first in the share certificate.

 

(c) "Nominal Member" means a person admitted to membership as such after registration in accordance with the Bye laws.

 

(xxv) ‘Family’ means Group of persons which includes husband, wife, father, mother, sister, brother, son, daughter, son-in-law, brother-in-law, sister-in-law, daughter-in-law, grandson /daughter.

 

(xxvi) 'Transfer Fees' means the sum payable by a transferor to the society for the transfer of his shares along with occupancy right as provided under the Bye-law No. 38(e) (vii).

 

(xxvii) 'Premium' shall mean and include the amount payable to the society by the member, transferring his shares and interest in the capital/ property of the society, in addition to the transfer fee as provided under bye-law No. 38(e)(ix).

 

(xxviii) ‘Working Capital’ means funds at the disposable of the society inclusive of the paid up capital, share capital, funds created out of profits, and money raised by borrowing or by any other means.

 

(xxix) ‘Authorized person’ means a person duly authorized to take action under the provisions of this Act.

 

(xxx) ‘State Co-operative Election Authority’ means an authority constituted or nominated by the State Government for the purposes of superintendence, direction, and control of the preparation of the electoral roll for and conduct of the elections of committee of a society or such class of societies as may be notated.

 

(xxxi) ‘Expert director’ means and includes a person having experience in the field of Housing and the field relating to the objects and activities undertaken by the society.

 

(xxxii) ‘Functional director’ means and includes a Chief Executive Officer or Manager or by whatever designation called, nominated by a committee and who is available for whole time to look after the working of the society and discharge the duties and functions as may be assigned to him by the committee.

 

(xxxiii) ‘Officer’ means a person elected or appointed by a society to any office of such society and includes any office bearer such as a chairman, vice-chairman, chairperson, secretary, treasurer, manager, member of the committee and any other person elected or appointed to give directions in regard to the business of such society.

 

II. The area of operation of the Society shall be confined to ----------

 

Explanation :-

For the Societies in Bruhan Mumbai , insert City Survey Number/Gat Number and Ward in the gap.

 

For the Societies at other places , insert City Survey Number/Gat Number and Municipal Corporation /City/Village……………………………… Taluka……………………………… District………………………

4. The area of operation of the society shall be confined to ........................

 

Explanation:

(i) For the Society in the Bruhan Mumbai insert City Survey no / Gat no. / Final Plot no /Ward in the gap.

 

(ii) For the Society at other place, insert City Survey no / Gat no. / Final Plot no / ward Corporation/Municipal limits/Town / ViIIage of .............................. ……… …...... Taluka ................................... District …………………

IV.The objects of the Society shall be as under:*

 

IV. OBJECTS

5. The objects of the society shall be as under:

(a) To promote peaceful co-habitation amongst the members on the Co-operative Principles and ensure Voluntary formation, Democratic Member Control, Member - Economic Participation and Autonomous Functioning.

 

(b) To provide co-operative education and training to develop co-operative skills to its members, committee members, officers and employees of the society.

 

(c) To initiate Redevelopment of the building as per the norms of the authority.

(a) To obtain conveyance from the 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. ___________ of _________________ admeasuring _____ Sq. metres, more particularly described in the application for registration of the Society.

 

 

 

 

 

 

 

 

*(d) 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 ................. of ................................. 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 .................. 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 ..................... C.T.S. No ............... of ................ admeasuring .................. sq. mts. for allotment of flats therein to the members of the society for their authorized use.

(b) To manage, maintain and administer the property of the society

 

(c) To raise funds for achieving the objects of the society

 

(d) to undertake and provide, for on its own account or jointly with cooperative institution, social cultural or recreative activities.

 

 

 

 

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

 

(b) To manage, maintain and administer the property of the society

 

(c) To raise funds for achieving the objects of the society;

 

(d) To undertake and provide for, on its own account or jointly with a cooperative or Other Institution social, cultural or recreative activities;

 

(e) To provide co-operative education and training to develop co-operative skills to its members, committee members, officers and employees of the society.

 

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

 

V. The Society, immediately after its registration, shall become a member of the Housing Federation of the District/Area, 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 organizations referred to above.

 

V. AFFILIATION

6. The society, immediately after its registration, may 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.

VI. FUNDS RAISING, THEIR UTILISATION AND INVESTMENT

 

A) Raising of Funds

7. The funds of the Society may be raised in one or more of the following ways:

 

(a) by entrance fees,

(b) by issue of shares,

(c) by loans and subsidies,

(d) by deposits,

(e) by voluntary donations, (but not from Transferor and Transferee;)

(f) by contributions towards cost of building or buildings,

(g) by fee on transfer of shares, along with the occupancy right,

(h) by premium on transfer of occupancy rights over the flats, [ As per G.R.]

(i) by any other mode permitted under these bye-laws.

(j) by corpus fund from the Developer. (However, such fund cannot be taken while transferring tenement, flats, and right of society to the capital)

(k) by way of statutory requirement.

VI. FUNDS, THEIR UTILISATION AND INVESTMENT

 

(A) Raising of Funds

7. The funds of the society may be raised in one or more Modes of raising of the following ways: the funds of the society.

(a) by entrance fees,

(b) by issue of shares,

(c) by loans and subsidies

(d) by deposits,

(e) by voluntary donations, (but not from Transferor and Transferee)

(f) by contributions towards cost of building or buildings

(g) by fee on transfer of shares, along with the occupancy right,

(h) by premium on transfer of occupancy right over the fiats,

(i) by and for Election Fund.

(j) by any other mode permitted under these bye-laws,

(B) Share Capital.

 

8. The authorized share capital of the Society shall be Rs.___ /- divided into___shares of Rs. 50 each.

 

9. 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 thereon, 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.

 

 

10. Every such share certificate shall bear the seal of the society and be signed by the Chairman, the Secretary and one member of the Committee, duly authorized by the Committee in that behalf. The same shall be issued by the Secretary of the society.

 

(C) Limit of Liabilities

 

11. Deposits from members and loans may be received by the society for such period and at such rate of interest and up to 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 MCS Rules 1961

 

(B) Share Capital

 

8. The Authorised share capital of the society shall be Rs ......... divided into ......... shares of Rs. 50/- each.

 

9. A share certificate, prescribed in bye-laws, bearing distinctive number and in- issue of share indicating the name of the member, the number of shares issued and the value paid thereon, 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.

 

10. Every such share certificate shall bear the seal of the society and be signed Society's Chairman, the Secretary and one member of the committee, duly authorised by the Committee in that behalf. The same shall be issued by the Secretary of the society.

 

(C) Limit of Liabilities

 

11. Deposits from members and loans may be received by the society for such period and at such rate of interest and up to 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 Rules.

 

(D) Constitution of the Reserve Fund

 

12. (i)The Reserve Fund of the society shall comprise of

a. The amounts carried to the said fund, from year to year, out of the net profit of that year, subject to the provisions of Section 66 (1) and (2) of the Act;

b. all entrance fees received by the society from its members,

c. all transfer fees received by the society from its members on transfers of the shares, along with the occupancy rights;

d. all premium received by the society from its members on transfers of their interest in the capital or property of the society;

e. all donations received by the society, except those received by it for the specific purpose.

ii) The Society shall, while finalizing the accounts for the proceeding Co-operative year, appropriate all amounts referred to in the bye-law No.12 (i) (b) to (e) to the Reserve Fund of the society.

 

(D) Constitution of the Reserve Fund

 

12.(i) The Reserve Fund of the society shall comprise of-

(a) The amounts carried to the said fund, from year to year, out of the net profit of that year, subject to the provisions of Section 66 (1) and (2) of the Act;

(b) All entrance fees received by the society from its members;

(c) All transfer fees received by the society from its members on transfers of the shares, along with the occupancy rights;

(d) All premium received by the society from its members on transfers of their interest in the capital or property of the society;

(e) All donations received by the society, except those received by it for the specific purpose.

(ii) The society shall, while finalising the accounts for the preceding co-operative- year, appropriate all amounts referred to in the bye-law No. 12(|) (b) to the Reserve Fund of the society.

 

(E) Creation of Other Funds

13. The society shall create and establish the following funds by collecting contributions from its members at the rates mentioned hereunder:

 

(a) The Repairs and Maintenance Fund, at the rate fixed at the General Body from time to time, subject to the minimum of 0.75 per cent per annum of the construction cost of each flat for meeting expenses of normal recurring repairs.

 

 

(b) Major repairs fund, as and when required and decided by the General Body at the rate fixed on area basis.

 

(c) The Sinking Fund at the rate decided at the meeting of the general body, subject to the minimum of 0.25per cent per annum of the construction cost of each flat, excluding the proportionate cost of the land.

 

(E) Creation of Other Funds

13. The society shall create and establish the following funds by collecting contributions from its members at the rates mentioned hereunder:

 

(a) 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 buildings/property.

 

(b) Major repairs funds, as and when required and decided by the General Body at the rate fixed on area basis.

 

(c) 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

 

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

 

(F) Utilization of the Funds by the Society

14.The Society may utilize its funds in the manner indicated below:

(a) Reserve Fund: The Reserve Fund of the society may be utilized for the expenditure on repairs, maintenance and renewals of the Society’s property.

(b) Repairs and Maintenance Fund: The Repairs and Maintenance Fund may be utilized by the Committee for meeting the expenditure on maintenance of the society’s property and repairs and renewals thereof.

(c) 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 alterations 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 may be certified by the Architect and on approval of General Body.

(d) The society may create and utilize the corpus fund by making Rules With the approval of the general body. However, such fund cannot be taken from the person transferring flat/tenement/right to share/share Capital in the society.

(e) Notwithstanding anything contained in any other bye-laws, a member may be paid remuneration at such rate, as may be decided by the general body meeting for the services rendered by him to the society.

(f) Utilization of major repairs funds with the prior permission of General Body.

(F) Utilisation of the Funds by the Society

14. 14. The society may utilise its funds in the manner indicated below:

 

(a) Reserve Fund: The Reserve Fund of the society may be utilised for the expenditure on repairs, maintenance and renewals of the society's property.

(b) Repairs and Maintenance Fund: The Repairs and Maintenance Fund may be utilised by the Committee for meeting the expenditure on maintenance of the society's property and repairs and renewals thereof.

(c) 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.

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

 

 

 

 

 

(e) Utilisation of all funds with the prior permission of General Body.-

 

(G) Investment of Funds

 

15. The funds of the society, when not employed in its business, may be invested or deposited as required under Section 70 of the Act. Provided that the sinking fund collections shall be invested on long term basis, along with the interest earned thereon by one of the modes permitted under the said section.

 

(G) Investment of Funds

 

15. The funds of the society, when not employed in its business, may be invested or deposited as required under Section 70 of the Act. Provided that society's funds collections 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.

 

VII. MEMBERS, THEIR RIGHTS, RESPONSIBILITIES AND LIABILITIES

 

(I) MEMBERSHIP

 

(A) Classes of Members

16. The membership of the society shall consist of (i) Members, including associate members and (ii) nominal members.

 

(B) Eligibility for Membership

 

17. (a) No individual shall be admitted as a member of the society except for the following, that is to say-

 

(1) Who is competent to contract under the Indian Contract Act, 1872;

 

(2) a firm, co-operative society, company or any other body corporate constituted under any law for the time being in force, or a society registered under the societies registration act, 1860;

 

(3) a society registered, or deemed to be registered, under the MCS Act 1960

 

(4) the State Government or the Central Government;

 

(5) a local authority;

 

(6) a public trust registered under any law for the time being in force for the Registration of such trusts.

 

(b) 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.

 

(c) “Notwithstanding anything contained in these bye-laws, admission of a person to membership of the Society direct 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, if the society has been given land by Government/CIDCO/MHADA or any other authority for constructing Houses thereon.

 

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 constructed in the building. Excess members shall not have right, title or interest in the society’s property or shall not be eligible for voting. It shall be binding on the committee to induct the members to the extent of the number of flats.

 

VII. MEMBERS, THEIR RIGHTS, RESPONSIBILITIES AND LIABILITIES

 

I. MEMBERSHIP

 

(A) Classes of Members

16. The membership of the society shall consist of (i) Members, including associate members and (ii) nominal members.

 

(B) Eligibility for Membership

 

17. (a) No individual shall be admitted as a member of a society except the following that is to say –

 

i) who is competent to contract under the Indian Contract Act, 1872;

 

ii) a firm, company or any other body corporate constituted under any law for the time being in force, or a society registered under the Societies Registration Act, 1860;

 

iii) a society registered, or deemed to be registered, under the Act;

 

iv) the State Government or the Central Government;

 

v) a local authority;

 

vi) a public trust registered under any law for the time being in force for the registration of such trusts;

 

(b) 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.

 

(c) 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 land grant terms if applicable vide approval of the concerned competent authorities such as collector of the district, (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 induct the Members to the extent of the number of Flats/Units in the society.

18. A firm registered under the Indian Partnership Act, 1932, a company registered under the Indian Companies Act,1956, a Society registered under the Societies Registration Act, 1860 or a Co-operative Society registered under the Maharashtra Co-operative 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(i) (b), (c), (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.

 

18. 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 Proviso 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

 

19. (A) An individual who is eligible to be the member and who has applied for membership of the Society in the prescribed form, may be admitted as member by the committee on complying with the following conditions:-

 

(i) he has fully paid the value of at least ten shares of the society, along with his application for membership;

 

(ii) he has paid the entrance fee of Rs.100/-, along with the application for membership;

 

(iii) he has given the application in a prescribed form as prescribed the particulars in regard to any house, plot or flat owned by him or by any of the members of his family, anywhere in the area of operation of the society;

 

(iv) he has given an undertaking in the prescribed form to the effect that he shall use the flat for the purpose for which it was purchased by him;

 

(v) he has furnished undertaking in the prescribed form, if he has no independent source of income:

 

(vi) he has sent, along with the application for membership of the society, a certified copy of the agreement, duly stamped entered into by him with the Promoter (Builder) or transferor under Section 4 of the Ownership Flats Act, 1963

 

(vii) he has furnished such other undertakings /declarations, in the prescribed forms as are required under any law for the time being in force and such other information as is required under the bye-laws of the society along with the application for membership.

 

Note: The conditions at (iii), (iv), (v) and (vii) above shall not be applicable in respect of the unsold flats.

 

(C) Conditions for Membership

 

19. (A) An individual who is eligible to be the member and who has applied for membership of the society in the prescribed form, may be admitted as member by the committee on complying with the following conditions:-

 

(i) He has fully paid the value of at least Ten shares of the society, along with his application for membership;

 

(ii) He has paid the entrance fee of Rs. 100/-, along with the application for membership;

 

(iii) He has given the application, as prescribed the particulars in regard to any house, plot or flat owned by him or any of the members of his family, anywhere in the area of operation of the society; -

 

(iv) He has given the undertaking in the prescribed form to the effect that he shall use the flat for the purpose for which it was purchased by him;

 

(v) He has furnished an undertaking in the prescribed form, if he has no independent source of income;

 

(vi) He has sent, along with the application for membership of the society, a certified copy of the agreement, duly stamped entered into by him with the Promoter (Builder) or transferor under Section 4 of the Ownership Flats Act;

 

(vii) He has furnished such other undertakings / declarations, in the prescribed forms as are required under any law for the time being in force and such other information as is required under the Bye-laws of the society along with the application for membership.

 

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.

 

(B) 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 has made an application in the prescribed form for such membership, along with the entrance fee of Rs. 100/- may be admitted as such member by the Committee.

 

(C) 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 which has made an application for membership of the Society in the prescribed form may be admitted as a member by the General Body Meeting of the Society on complying with the following conditions:-

 

(i) it has sent, along with the application for membership of the Society, a certified copy of the agreement duly stamped entered into by it, with the Promoter (Builder) or transferor under Section 4 of the Ownership Flats Act, 1963.

 

(ii) it has paid, along with the application for membership, full value of at least 20 shares and entrance fee of Rs. 100/-

 

(iii) the firm or the company has complied with the conditions mentioned in the notifications, issued by the State Government, from time to time, under the Second provision to Section 22 of the MCS Act, 1960;

 

(iv) the firm or the company has furnished the undertakings/declarations in the prescribed forms required under any law for the time being in Force along with the application for membership.

 

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.

 

(B) An individual, a firm, a company or a body corporate, Conditions of registered under any law for the time being in force, associate who/which is eligible to be an associate member and membership of who/which has made an application in the prescribed the society form for such membership, along with the entrance fee of Rs. 100/-, may be admitted as such member by the Committee.

 

(C) 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 which has made an application for membership of the society in the prescribed form may be admitted as a member by the Committee in the meeting of the society on complying with the following conditions:-

 

(i) it has sent, along with application for membership of the society, a certified copy of the agreement duly stamped entered into by it, with the Promoter (Builder) or transferor under Section 4 of the Ownership Flats Act.1963 with certified copy of resolution of the firm or company as the case may, before authorizing to sign the application.

 

 

 

(ii) The firm or the company has complied with the conditions mentioned in the notifications, issued by the State Government, from time to time, under the Second Proviso to Section 22 of the Act.

 

(iii) The firm or the company has furnished the undertakings/declarations in the prescribed forms required under any law for the time being in force along with the application for membership.

 

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.

 

20. A Sub lettee, a licensee or a care-taker, or occupant who/which is eligible to be a nominal member and who shall apply through original member for such membership in the prescribed form, applicable to him/it, along with entrance fee of Rs. 100/- may be admitted as such member by the Committee.

 

21. 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.

20. A sublettee, a licensee or a care-taker, or occupant who/which is eligible to be a nominal member and who shall apply through original member for such membership in the prescribed form, applicable to him/it, along with entrance fee of Rs. 100/- may be admitted as such member by the Committee.

 

21. 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

 

II. RIGHTS OF MEMBERS

22. (A) Getting Copy of the Bye-Laws

 

A member shall be entitled to receive a copy of the registered bye-laws of the society on payment of the price thereof as per clause 172

 

 

II. RIGHTS AND DUTIES OF MEMBERS

22. (A). 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 10 shares of Rs. 50/- each along with the entrance fee of Rs. 100/-, to the society in respect of membership, or acquired such interest in the society.

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 to comply with.

 

ACTIVE MEMBER:

22. (B) (1) A member shall be called as 'Active Member' if:-

a. He has purchased and owns the Flat I Unit in the Society.

b. He has attended at least One General Body Meeting within a consecutive period of Five years.

c. He has at least paid the amount equivalent to one year of society Maintenance and Service charges, within a consecutive period of Five years.

 

A member who is not an 'Active Member' shall be the 'non-Active Member'.

(2) Society shall classify the members as 'Active' or Non-Active' member at the close of every financial year.

(3) Society shall communicate to every Non-Active member about his classification, within a period of 30 days from 31st March of every year as prescribed under these By-laws as per Appendix - -

(4) lf a question, of a member being Active or Non-Active arises, an appeal shall lie to the Registrar within a period of 60 days from the date of communication of such classification.

(5) The ' Non-Active' member can be reclassified as 'Active member' if he satisfies the conditions laid down under Byelaw no. 22(B)(1).

 

22 (B) Inspection of Books and Records

A member shall have right to inspect free of cost books, registers documents etc. as provided in Section 32 (1) of the MCS Act 1960 and get copies of the documents as provided under Section 32(2) of the MCS Act 1960, on payment of the fees prescribed under the bye-law No. 172.

 

Inspection of Books and Records Getting Copy of the Bye-laws.

23. (a) 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.

 

(b) A member shall be entitled to receive a copy of the registered bye-laws and Audit Report of the society, on payment of the price thereof.

 

(C) Occupation of Flats

 

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 of allotment in the prescribed form under the said bye-law.

 

(b) The associate/nominal member may have a right to occupy the flat with the consent of the member and permission of the Society, subject to the conditions set out by the Society.

 

D) Restrictions on Rights of Associate and Nominal Members

 

25. No associate members shall have any rights or privileges of a member

except as provided under Section 27(2) of the MCS Act, 1960

 

26. A nominal member shall have no rights as such member.

Occupation of Flats

 

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.

 

 

(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.

 

Restrictions on Rights of Associate and Nominal Members

 

25. No Associate member shall have any rights or privileges of an Active member except as provided under Section 27(2) of the Act.

 

26. A nominal member shall have no rights such as member.

(E) Resignation of Membership

(1) Resignation by a Member

27. (a) A member may resign his membership after giving three months notice, in the prescribed form to the Secretary of the Society asprovided under Rule 21 (1) of the MCS Act, 1961.

 

(b) 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.

 

(c) Where any charges are found payable by the member of 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 the intimation.

 

(d) 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. If nothing is communicated during the said period, then it shall be deemed that resignation is accepted.

 

(e) Where any resignation is rejected, the Committee shall record the reasons therefor and communicate the same to the member concerned within 3 months of the date of receipt of notice of resignation.

(D) Resignation of Membership

(1) Resignation by a Member

27. (a) A member may resign his 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.

 

(b) 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.

 

(c) 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.

 

(d) 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.

 

 

 

(e) Where any resignation is rejected, the Committee shall record the reasons there for and communicate the same to the member concerned within 3 months from the date of receipt of notice of resignation

(2) Resignation by an Associate Member

28. 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 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 there of 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. If the resignation is not granted within the said period then the same shall be deemed to be accepted.

(2) Resignation by an Associate Member

28. 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 therefor 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

29. 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 therefore 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. if the committee does not take any decision there of within 3 months, the said registration shall be deemed to be accepted.

 

(3) Resignation by a Nominal Member, occupying the flat on behalf of the Firm, Company or any other Body Corporate

29. 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 there for 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.

30. A sub-lettee, 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, given 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 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 therefore 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. If the committee does not take any decision thereof within 3 months, then it shall be deemed that the resignation is accepted.

 

(4) Resignation by a Nominal Member, who is Sub lettee, Licensee, Caretaker etc.

30. 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 license 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 therefor 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.

 

31. 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.

 

31. 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

 

32. A 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 or nomination by the Secretary.

 

No fees shall be charged for recording the first nomination. A member may revoke or vary 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 the earlier nomination. Every fresh nomination shall be charged a fee of Rs. 100/-

 

33. On receipt of the nomination form, or the letter of 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.

Nomination by Members

 

32. A 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 vary 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 fresh nomination shall be charged a fee of Rs. 100/-.

 

33. On receipt of the nomination form, or the letter or 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.

 

34. Subject to the provisions of the Section 30 of the M.C.S Act, 1960, bye-lawsNos. 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 the 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 such member such nominee shall make joint application to the society and indicate the name of the nominee who should be enroll 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 the 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.

 

 

 

 

 

 

 

34. Subject to the provisions of the Section 30 of Maharashtra Co-operative Societies Act, 1960 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 Heirs are brought on record and shall not have the right to ownership and shall not create the third party interest.

 

35. Where a member of the Society dies without making a nomination, or no nominee comes forward for transfer, the society shall invite, within one 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 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 share and interest of the deceased member in the capital/ property of the society. After taking in to 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 opinions, 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 share 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.

35. 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.

36. If there is a 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. 66. 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 the 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 proportion.

 

36. 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.66. 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.

 

37. 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.66 after obtaining the indemnity bond referred to in the bye-law No.35. 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 their heirs/legal representatives jointly.

 

37. 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 of the deceased pay him the value thereof as provided under the bye- member in the law No. 66 after obtaining the indemnity bond referred to in the bye-law No. 35. 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.

Transfer of Share and Interest in the capital/Property of the Society

 

38. (a) A member, desiring to transfer his shares and interest in the capital/property of the Society shall give 15days 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.

 

(b) 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-facie eligible to transfer his shares and interest in the capital/property of the Society, in view of the provisions of Section 39 (2) (a) of the Act 1960.

 

(c) In the event of ineligibility (in view of the provisions of Section 29 (2) (a) and (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.

 

Transfer of Shares and interest in the Capital/ Property of the Society

 

38. (a) 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.

 

(b) 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-facia facie 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.

 

(c) 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.

 

(d)“No Objection Certificate” of the Society is not required to transfer the shares and interest of the Transferor to the 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 a application on merit within one month.

 

(e) The Transferor/ Transferee shall submit following documents and make the compliance as under:

(i) application for transfer of his shares and interest in the capital/property of the Society, in the prescribed form along with the share certificate;

(ii) application for membership of the proposed transferee in the prescribed form,

(iii) resignation in the prescribed form;

(iv) stamp duty paid agreement;

(v) valid reasons for the proposed transfer.

(vi) undertaking to discharge the liabilities to the Society by the transferor;

(vii) payment of the transfer fee of Rs.500/-.

(viii) Remittance of the entrance fee of Rs. 100/- payable by the proposed transferee.

 

(d) "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.
 

(e) The Transferor/Transferee shall submit following Documents and make the compliance as under:

i) Application, for transfer of his shares and interest in the capital/property of the society, in the prescribed form, along with the share certificate;

ii) Application for membership of the proposed transferee in the prescribed form;

iii) Resignation in the prescribed form;

iv) Stamp duty paid agreement;

v) Valid reasons for the proposed transfer;

vi) Undertaking to discharge all the liabilities to the society by transferor;

vii) Payment of the transfer fee of Rs. 500/-

viii) Remittance of entrance fee of Rs. 100/- payable by the proposed transferee;

 

(ix) payment of premium at the rate to the fixed by the General Body Meeting but within the limits as prescribed under the circular, issued by the Department of Co- operation Government of Maharashtra from time to time

 

 

(x) submission of ‘No objection’ certificate, required under any law for the time being in force or order or sanction issued by the Government any financing agency or any other authority .

(xi) the undertaking/declaration in compliance with the provisions of any law for the time being in force in such form as is prescribed under these bye-laws.

 

Note : -The condition at Sr. No. (ix) above shall not apply to transfer 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.

 

ix) Payment of amount of premium at the rate to be fixed by the general body meeting but within the limits as prescribed under the circular, issued by the Department of Co-operation/Government of Maharashtra from time to time. No additional amount towards donation or contribution to any other funds or under any other pretext shall be recovered from transferor or transferee.

x) submission of 'No objection' certificate, required under any law for the time being in force or order or sanction issued by the Government, any financing agency or any other authority;

(xi) the undertaking/declaration in compliance with the provisions of any law for the time being in force, in such form as is prescribed under these bye-laws.

 

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.

 

39. (a) 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.65 shall be followed by the Secretary and the Committee of the Society.

 

(b) A meeting of the Committee or the General Body, as the case may be, shall not refuse any application for admission to membership or transfer of shares and interest in the capital/property to the Society except on the ground of non compliance of the provisions of the Act, the Rules and Bye-laws of the Society or any other law or order issued by the Government in exercise of the statutory powers vested in it.

 

(c) 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 3 months of its receipts, the transfer application shall be deemed to have been accepted and the transferee 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.

 

(d) The transfer made in contravention of the Act, Rules or the bye-laws shall be void and not effective against the society

 

39. (a) 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. 65 shall be followed by the Secretary and the Committee of the society.

 

 

(b) 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 to interest in the capital/property of the society except on the ground of non-compliance 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.

 

(c) 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 3 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.

 

 

(d) Any transfer made in contravention of the Act, Rules or the bye-laws shall be void and not effective against the society.

 

40. The transferee shall be eligible to exercise the rights of membership on receipt of the letter in the prescribed form from the Society; subject to the provisions of the MCS Act 1960 & Rules made there under.

 

40. 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

 

41. The members, desiring to exchange their flats, shall make a joint application to the Secretary of the society, containing the following details:

(1) The names of the members concerned;

(2) The distinctive numbers of their respective flats;

(3) The carpet areas (in sq. meters) of their respective flats;

(4) The building number / numbers and name / names of the building /buildings in which their respective flats are situated;

(5) The reason for exchange of flats.

Exchange of Flats

 

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

(1) The names of the members concerned;

(2) The distinctive numbers of their respective flats;

(3) The carpet areas (in sq. meters), of their respective flats;

(4) The building number/numbers or name/names of the building/buildings in which the respective flats are situated;

(5) The reasons for exchange of flats.

 

42. The procedure for disposal of applications for exchanges of flats as indicated in the bye-law no.65 shall be followed the Secretary and the Committee of the Society

42. The procedure for disposal of applications for exchanges of flats as indicated in the bye-law No. 65 shall be followed by the Secretary and the Committee of the Society.

 

(1)Sub-letting etc. of Flats

 

43. (1) A member may, apply to the Society, of his intention of sub-letting of his flat and on receipt of the permission in writing of the Committee, sub-let or give on leave and licence basis or care-taker basis his flat or part thereof or part with its possession in any other manner under the following circumstances

(i) Where the member is required to go out of the area of operation of the Society for a long duration on account of exigencies of service or business or on account of the prolonged illness;

(ii) Where the member is unable to occupy the flat owing to absence of facilities for education of his children or is unable to secure admission to the school in the locality for them.

(iii) Where the employer, with a view to ensure efficient discharge of duties, requires him to stay in the accommodation allotted to him by his employer.

(iv) Where a member satisfies the Committee about his inability to occupy or continue to occupy the flat for any other genuine reasons;

 

(2) No member shall be permitted by the Committee to sub-let, give on leave and licence basis or care-taker basis, his flat or any part thereof or part with its possession in any manner unless:

(1) Sub-letting etc. of Flats

 

43. (1) A member shall intimate to the society, of his intention of sub-letting of his flat and on receipt of the permission in writing of the Committee, sublet or give on leave and license basis or care-taker basis his flat or part thereof or part with its possession in any other manner under the following circumstances :

i) Where the member is required to go out of the area of operation of the society for a long duration on account of exigencies of service or business or on account of the prolonged illness;

ii) Where the member is unable to occupy the flat owing to absence of facilities for education of his children or is unable to secure admission to the school in the locality for them;

iii) Where the employer, with a view to ensure efficient discharge of duties, requires him to stay in the accommodation allotted to him by his employer;

iv) Where a member satisfies the committee about his inability to occupy or continue to occupy the flat for any other genuine reasons.

 

(2) No member shall be allowed by the Committee to sub- let, give on leave and license basis or care-taker basis his flat or any part thereof or part with its possession in any manner unless:

 

  1. He has made an application in the prescribed from;

 

(ii) He has furnished the application for nominal membership of the proposed sub-lettee, licensee, care-taker or possessor in the prescribed form;

 

(iii) His application contains the undertaking that-

 

(a) he shall, by joining the Society as a party to the proceedings, initiate necessary legal proceedings against the sub-lettee, licensee, care-taker or possessor, on his failure to get vacant possession of the flat or part thereof on expiry of the period of sub-letting, giving on leave and licence or care-taker basis the flat or part thereof or parting with its possession in any other manner and meet the cost of the legal proceedings required to be incurred by the Society;

 

(b) he shall pay the charges of the Society every month during the period of sub-letting, licence etc.;

 

  1. He has intimated in the prescribed form;

 

  1. He has furnished the application for nominal membership of the proposed sub-lettee, licensee, care-taker or possessor in the prescribed form;

 

(iii) His application contains the undertaking that-

 

a. he shall, by joining the society as a party to the proceedings, initiate necessary legal proceedings against the sub-lettee, licensee, care-taker or possessor, on his failure to get vacant possession of the flat or part thereof on expiry of the period of subletting giving on leave and license or care-taker basis the flat or part thereof or parting with its possession in any other manner and meet the cost of the legal proceedings required to be incurred by the society;

 

b. he shall pay the charges of the society every month during the period of sub-letting, license etc;

 

(c) he shall pay non-occupancy charges to the Society. Non-occupancy charges shall be charged in accordance with the circular issued by the Government of Maharashtra/ Commissioner for Co-operation from time to time and shall not be levy if the flat is occupied by the “Family” of the member has defined under these bye-laws.

Provided that while permitting the sub-letting, giving on leave and licence or care-taker basis the flat or part thereof or permitting parting with its possession in any other manner, the Committee shall restrict the period thereof to 11 months or for more period as desired by the Managing Committee, which may, on the request of the member be extended for similar period or part thereof from time to time.

 

(d) Non-occupancy charges shall not be levied to the flat purchaser who is intending to become a member and who submits the documentary evidence thereof.

 

c. he shall pay non-occupancy charges to society. Non-occupancy charges shall be charged in accordance with the circular issued by the Government of Maharashtra! Commissioner for Cooperation from time to time and shall not be levied if the flat is occupied by the "Family" of the member as defined under these bye-laws.

 

d. Provided that while permitting sub-letting, giving on leave and license or care-taker basis the flat or part thereof or permitting parting with its possession in any other manner, the Committee shall restrict the period thereof to 11 months or for more period as desired by the Managing Committee which may, on the request of the member be extended for similar period or part thereof from time to time.

 

 

e. Non-occupancy charges shall not be levied to the flat purchaser who is intending to become a member and who submits the documentary evidence thereof.

44. The procedure for disposal of the application for permission for sub-letting, giving on leave and licence or care-taker basis, flats or part thereof or parting with their possession in any other manner, as laid down under the bye-law No. 65 shall be followed by the Secretary and the Committee of the Society.

 

44. The procedure for disposal of the application for permission for sub-letting, giving on leave and license or care-taker basis, flats or part thereof or parting with their possession in any other manner, as laid down under the bye-law No. 65 shall be followed by the Secretary and the Committee of the society. Subletting etc.

 

45. 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 committee. 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 of the member or from the Life Insurance Corporation of India or from the Bank or the Society or any other agency approved by the Commissioner for Co-operation and Registrar

45. 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 Committee. 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 to 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.

 

III. RESPONSIBILITIES & LIABILITIES OF MEMBERS

(A) Maintenance of Flats by Members

 

46. Every member shall keep his flat clean.

 

47. (a) No member shall, without the previous permission of the committee in writing, make any additions or alterations in his flat.

 

(b) The member, desirous of making any additions 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.

 

RESPONSIBILITIES AND LIABILITIES OF MEMBERS

(A) Maintenance of Flats by Members

 

46. Every member shall keep his flat clean.

 

47. (a) No member shall, without the previous permission of the Committee in writing, make any additions to or alterations in his flat.

 

(b) 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.

 

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

48 (a) 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 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.

 

 

(b) On receipt of such report, the Committee shall ascertain the cost involved in the repairs, which are required to be carried 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 thereupon 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 any reasonable and convincing reasons, the Secretary of the Society shall have the authority to enter upon the flat and carry out the work under the supervision of the member of the Committee duly authorized by it in that behalf or the Architect appointed by the Society.

 

(c) 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.

 

49. 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.

48. (a) 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.

 

f. (b) 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.

 

(b) 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.

 

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

 

50. (a) No member shall do or suffer anything to be done in his flat which may cause nuisance, annoyance or in convenience 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.

 

(b) 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.50(a) forthwith.

 

(B)Expulsion of a Member

 

51. A member may be expelled from the membership of the Society, if such a member:

(i) Has persistently failed to pay the charges due to the Society,

(ii) Has willfully deceived the Society by giving false information,

(iii) Has used his flat for immoral purpose or misused it for illegal purpose habitually,

(iii) Has been in the habit of committing breaches of any of the provisions of the bye-laws of the Society which, in the opinion of the Committee, are of serious nature,

(iv) Has furnished false information or omitted to furnish the material information to the Registering Authority at the time of registration of the Society.

 

50. (a) 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.

 

(b) It shall be competent for the Committee either suo 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. 50(a) forthwith.

 

Expulsion of a Member

 

51. A member may be expelled from the membership of the society, if such a member

i) has persistently failed to pay the charges due to the society,

ii) has willfully deceived the society by giving false information,

iii) has used his flat for immoral purposes or misused it for illegal purposes habitually,

iv) has been in the habit of committing breaches of any of the provisions of the byelaws of the society, which, in the opinion of the Committee, are of serious nature,

v) has furnished false information or omitted to furnish the material information to the Registering Authority at the time of registration of the Society.

vi) Is classified as a Non-Active member who does not attend at least one meeting of the general body in next five years from the date of classification as Non-Active member with the intimation to such member and Registrar.

 

52. (a) 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 Rules 28 and 29 of the rules.

 

(b)Expulsion from membership may involve forfeiture of the share held by the member. Where the Committee decides that expulsion 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.

 

53. 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 the shares may take effect simultaneously with expulsion.

 

52. (a) 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 Rules 28 and 29 of Rules.

 

(b) 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.

 

53. 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.

 

54. 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 and 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.

 

55. 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, the value thereof shall be acquired by the Society and the value there of shall be paid to the expelled member, within 3 months of his handing over possession of his flat or his flat or his eviction from it, after following the procedure as laid down under the bye-law no.66 in respect of the Society, payment of the value of the shares and interest in the capital/property of the Society acquired by the Society.

54. 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.

 

55. 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.

56. No member of the Society, who has been expelled from its membership, shall be eligible for re-admission 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 this Society, the expelled member may be readmitted to its membership, as a special case, before the expiry of the period of one year, with the prior permission of the Registering Authority.

 

(C) Cessation of Membership

57. The person shall cease to be the member of the Society.

(i) on his resignation from membership of the Society having been accepted by the Committee.

(ii) on transfer of all his shares and interest in the capital/property of the Society.

(iii) on his death.

(iv) on his expulsion from the membership of the Society.

v) On being adjudged as an insolvent or legally disabled from continuing as member.

(vi) If the whereabouts of the member are not known for continuous seven years and if his shares and interest in the property/capital of the Society is not claim by anybody else.

(vii) On cessation of right/title and interest as a member in the property of the Society by way of Legal attachment or sale.

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

 

56. 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.

 

 

Cessation of Membership

57. The person shall cease to be the member of the society.

i) On his resignation from membership of the society having been accepted by the committee.

ii) On transfer of all his shares and interest in the capital/property of the Society.

iii) On his death

iv) On his expulsion from the membership of the Society.

v) On being adjudged as an insolvent or legally disabled from continuing as member.

vi) If the whereabouts of the member are not known for continuous seven years and if his shares & interest in the property/capital of the society is not claimed by anybody else

vii) On cessation of right/title & interest of a member in the property of the society, by way of legal attachment or sale.

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

58. The person shall cease to be the associate member of the Society when the original member ceases to be the member of the Society or on the death of the associate member or on the acceptance of the title/ resignation of the associate member by the Committee. The Committee shall take further action in the matter as indicated in the Bye-law No. 61.

 

 

58. The person shall cease to be the associate member of the society, when the original member 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, The Committee shall take further action in the matter as indicated in the Bye-law No. 61.

59. 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.

(i) On his death,

(ii) On the acceptance of his resignation by the Committee,

(iii) On cessation of membership of the original member on whose behalf he occupies the flat in the Society,

(iv) On cessation of his nomination on account of expulsion of the original member,

(v) On intimation from the original member of termination of the occupant’s nomination, The Committee shall take further action in the matter as indicated in the bye-law no.61.

59. 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

i) On his death

ii) On the acceptance of his resignation by the Committee

iii) On cessation of membership of the original member on whose behalf he occupies the flat in the Society

iv) On cessation of his nomination on account of expulsion of the original member

v) On intimation from the original member of termination of the occupants nomination.

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

60. The nominal member, who is the sub-lettee, licensee or care taker or possessor in any of the manner of the flat or the part thereof shall cease it be as such member of the Society:

(i) On his death,

(ii) On his resignation having been accepted by the Committee,

(iii) On the cessation of the membership of the original member,

(iv) On the expiry of the period for which the flat or part thereof was permitted to be sub-let, given on leave and license or caretaker basis or occupied in any other manner.

 

Note: The words “original member” used in the by-laws Nos. 57, 58, 59 and 60 mean the member, with whom the associate member held the shares of the Society jointly, the Firm, the Company or any other Body Corporate, on whose behalf the nominal member occupies flat in the Society’s building or the member who has been permitted to sub-let, give on leave and licence or care-taker basis his flat or part thereof or part with its possession in any other manner.

60. The nominal member, who is the sublettee, licensee, 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:

i) On his death

ii) On his resignation having been accepted by the Committee.

iii) On the cessation of the membership of the original member

iv) On the expiry of the period for which the flat or part thereof was permitted to be sub-let, given on leave and license or care-taker basis or occupied in any other manner

Note : The words 'original member' used in the bye laws Nos. 57, 58, 59 and 60 mean the member, with whom the associate members held the shares of the society jointly, the Firm, the Company or any other Body Corporate, on whose behalf the nominal member occupies fiat flat 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. 61.”

 

61. The committee shall record the facts of cessation of members membership of the society under the bye-law no.57 and of associate and nominal members membership respectively under the bye-laws Nos. 58, 59 and 60, in the minutes of its meetings and accordingly the Secretary of the Society shall inform the concerned members in writing within seven days of the dates of such decision of the Committee

61. Circumstances under which a Sublettee, licensee caretaker ceases to be the nominal member.

The Committee shall record the facts of cessation of members membership of the society under the bye-law No. 57 and of associate and nominal member's membership respectively under the bye-laws Nos. 58, 59 and 60, 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

 

(D) Restriction on Holding more than One Flat

62. 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 provision of Section 6 of the MCS Act 1960

Restrictions on Holding more than One Flat

62. 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".

 

 

E) Liabilities of a Member and the Past Member

63. The liability of a member of the Society shall be limited to his shares holding in the Society

Liabilities of a Member and the Past Member

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

 

64. The liability of the past member 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 if 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

64. The liability of the past members of the Society for the debts of the Society, as they stood on the date of the past 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.

 

 

(F) Other Matters

 

65. (a) 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) permission of sub-letting or giving flats or parts thereof on leave and licence or care-taker basis,

(iv) permission of additions and alterations in flats,

(v) allotment of parking spaces and stilts,

(vi) permission of exchange of flats,

(vii) permission for holding additional flats

(viii) permission for assigning , mortgaging or creating charge on interest in flats,

(ix) Permission for use of terrace, and

(x) for any other purpose provided under the bye-laws 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.

 

(b) On receipt of the applications, the Secretary of the Society shall scrutinize them and bring any short comings there in to the notice of

the members concerned within 7 days of their receipt for compliance.

 

(c) 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.

 

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

 

Other Matters

 

65. (a) 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) permission 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 flats,

 

(ix) permission for use of terrace, and

(x) 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.

 

(b) On receipt of the applications, the Secretary of the Society shall scrutinise them and bring any short-coming therein to the notice of the members concerned within 15 days of their receipt for compliance;

 

(c) 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;

 

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

 

 

(e) 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.

 

 

(f) 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.

 

(g) 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 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 1960.

(e) 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 which. shall be disposed off in one month.

 

(f) 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;

 

(g) 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.

 

(h) The Society shall not tile file appeal against the order of the Registrar under section 22 and 23 of the Act, without prior approval of General Body Meeting.

 

66. Wherever the question of payment of the value of the shares and the interest of any other 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:

 

(i)The value of Shares shall be decided in accordance with the provisions of Rule 23 of the Rules,

 

(ii) The interest of the expelled member, in the property/capital of the Society shall be valued by the Government approved value.

 

(iii) Within one month of the date of demand for payment of the value of the shares and interest in the capital/ property of the Society, or acquisition of the same by the Society, the Committee shall, by publication of the notice in at least two widely circulated newspapers and exhibition thereof on the notice board of the Society, invite offers for price proposed to be paid for acquiring interest in the flat, within such period as is mentioned in the notice.

 

(iv) On receipt of the offers, the Committee, in its meeting, shall scrutinise the same and decide to accept the offer which is the highest, which shall not be less than the approved value as determined in (ii) above.

 

(v) The Committee shall then advice the person, offering the highest price, to make an application for membership of the Society, in the prescribed form, along with a demand draft for the price offered, value of five shares of the Society and the entrance fee of Rs.100/-

 

On realization of the demand draft and within one mo nth of the admission of the said person to member-ship of the Society, the Committee shall arrange to pay the value of the interest in the flat realized by the Society

(a) to the member whose resignation has been accepted by the Committee, or

(b) to the nominee/s legal heir/s of the deceased member who demanded payment of the value of the Shares and the interest in the capital or property of the Society, or

(c) to the expelled member together with the value of the shares as determined under (i) above, after deducting the following.

(1) Outstanding amounts, if any, due from such member:

(2) The entire expenses of the publication of the notice:

(3) Expenses incurred for the disposal of the interest of the member in the property/capital of the Society.

 

The payment shall be made in the manner provided under the bye laws Nos. 36, 37 and 55 to the nominee/ nominees or heir/heirs, respectively.

66. 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 :

 

(i) The value of Shares shall be decided in accordance with the provisions of Rule 23 of the Rules,

 

(ii) The interest of the expelled member in the property/capital of the society, shall be valued by the Government approved valuer.

 

(iii) Within one month of the date of demand for payment of the value of the shares and interest in the capital/property of the Society, or acquisition of the same by the Society, the Committee shall, by publication of the notice in at least two widely circulated news papers and exhibition thereof on the notice board of the Society, invite offers for price proposed to be paid for acquiring interest in the flat, within such period as is mentioned in the notice.

 

(iv) On receipt-of the offers, the Committee, in its meeting, shall scrutinise the same and decide to accept the offer which is the highest, which shall not be less than the approved value as determined in (ii) above.

 

(v) The Committee shall then advise the person, offering the highest price, to make an application for membership of the society, in the prescribed form along with a demand draft for the price offered, value of 5 Shares of the Society and the entrance fee of Rs.100/-.

 

(vi) On realization of the demand draft and within one month of the admission of the said person to membership of the Society, the Committee shall arrange to pay the value of the interest in the flat realised by the society,

(a) To the member whose resignation has been accepted by the Committee, or

(b) To the nominee/s legal heir/s of the deceased member who demanded payment of the value of the Shares and the interest in the capital or property of the Society or

(c) To the expelled member Together with the value of the shares as determined under (i) above and after deducting the following

(1) Outstanding amounts, if any, due from such member.

(2) the entire expenses of the publication of the notice.

(3) Expenses incurred for the disposal of the interest of the member in the property/capital of the society.

 

The payment shall be made in the manner provided under the bye-laws Nos. 36, 37 and 55 to the nominee/nominees or heir/heirs, respectively.

 

 

 

 

 

The contribution to be collected from the members of the Society towards outgoings and establishment of its funds, referred to in this 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 the running the lift,

 

 

 

 

 

LEVY OF CHARGES OF THE SOCIETY

 

67. 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) Non-Agricultural Tax,

 

 

 

 

 

(xv) Any Other Charges.

 

(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) Non-agricultural tax.

 

(xv) Education and Training Fund

 

(xvi) Election Fund

 

(xvii) Any Other Charges

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

 

(i) Salaries of the office staff, liftman, watchman, malis and any other employees of the Society.

 

(ii) Where the Society has independent Office, the property taxes, electricity charges, water charges etc. for the same,

 

(iii) Printing, Stationery and Postage,

 

(iv) Travelling Allowance and conveyance charges to the staff and the members of the Committee of the Society,

 

(v) Sitting fees paid to the members of the Committee of the Society.

 

(vi) Subscription to the Education Fund of the Maharashtra Rajya Sahakari Sangh Ltd.

 

(vii) Annual Subscription of the Housing Federation and any other co-operative institution to which the Society is affiliated.

 

(viii) Entrance Fees for affiliation to the Housing Federation and any other Co-operative institution.

 

(ix) Audit Fees for internal, statutory and reaudit, if any.

 

68. The Service charges of the society referred to at (vii) above shall include the following:

 

(i) Salaries of the office staff, Liftmen, watchmen, mails malis and any other employees of the Society.

 

(ii) Where the Society has independent Office the property taxes, electricity charges, water charges etc.

 

(iii) Printing, Stationery and Postage,

 

(iv) Travelling Allowance and conveyance charges to the staff and the members of the Committee of the Society.

 

(v) Sitting fees paid to the members of the Committee of the Society,

 

(vi) Subscription to the Education Fund as per section 24 A of the Act.

 

 

(vii) Annual Subscription of the Housing Federation and any other co-operative institution to which the Society is affiliated.

 

(viii) Entrance fees for affiliation to the Housing Federation and any other cooperative institution.

 

(ix) Audit Fees for internal, Statutory and re audit, if any.

 

(x) Expenses incurred at meetings of the general body, the Committee and the Sub-Committee, if any.

 

(xi) Retainer fees, legal charges, statutory enquiry fees.

 

 

 

 

(xii) Common electricity charges.

 

(xiii) Any other charges approved by the General Body at its meeting. However such charges should not contradict the provisions of the act, rules and bye-laws of the society

 

(x)Expenses incurred at meetings of the general body, the Committee and the Sub-Committee, if any

 

(xi) Retainer fees, legal charges, statutory enquiry fees. However, Legal Charges of any disputes/Litigation of whatsoever nature between member to member or member and their family in which Society is a party, in such cases Legal and litigation charges is required to be charged to the respective member/members.

 

(xii) Common electricity charges.

 

(xiii) Any other charges approved by the General Body at its Meeting. However such charges should not contradict the provisions of the Act, Rules and bye-laws of the Society.

 

(a) The Committee shall apportion the Share of each member towards the charges of the Society on the following basis:

(i) Property taxes: As fixed by the Local Authority.

(ii) Water Charges: On the basis of total number and inlets provided in each flat.

(iii) Expenses on repairs and maintenance of the building/buildings of the Society: At the rate fixed at the General body from time to time, subject to the minimum of 0.75% p.a of the cost of each flat for meeting expenses of normal recurring repairs.

(iv) Expenses on repairs and maintenance of the lift, including charges for running the lift: Equally by all the members of the building in which lift is provided, irrespective of the fact whether they use the lift or not.

(v) Sinking Fund: As provided under the bye-law no. 13(c).

(vi) Service Charges: Equally divided by number of flats.

(vii) Parking Charges: At the rate fixed by the General Body of the Society at its meeting under the bye-law No. 84/85.

69. (a) The Committee shall apportion the Share of each member towards the charges of the Society on the following basis:

  1. Property taxes: As fixed by the Local Authority

  2. Water Charges: On the basis of total number and size of inlets provided in each flat.

  3. Expenses on repairs and maintenance of the building/buildings of the Society: At the rate fixed at the general body from time to time, subject to the minimum of 0.75 percent per annum, of the construction cost of each flat for meeting expenses of normal recurring repairs

  4. Expenses on repairs and maintenance of the lift, including charges for running the lift: Equally by all the members of the building in which lift is provided, irrespective of the fact whether they use the lift or not.

  5. Sinking Fund: As provided under the bye-law No. 13(c).

  6. Service Charges: Equally divided by number of flats.

  7. Parking Charges: At the rate fixed by the general body of the society at its meeting under the bye-law No. 84/85.

 

(viii) Interest on the delayed payment of charges: At the rate fixed under the bye-law no. 72 to be recovered from the defaulter member.

(ix) Repayment of the installment of the loan and interest: The amount of each installment with interest fixed by the financing agency.

(x) Non-Occupancy charges: At the rate fixed under the bye-law no. 43(2)(iii)(c).

(xi) Insurance Charges: The built up areas of each flat, provided that if there is increase in the insur-ance premium due to storing any specific goods in any flat, used for commercial purposes, the extra burden of insurance premium shall be shared by those who are responsible for such in-creased premium in proportion of the built up areas of their flats;

(xii) Lease Rent: The built up area of each flat.

(xiii) Non-Agricultural Tax: The built -up area of each flat.

 

viii. Interest on the delayed payment of Charges: At the rate fixed under the bye-law No. 72 to be recovered from the defaulter member.

ix. Repayment of the installment of the loan and interest: The amount of each - installment with interest fixed by the financing agency.

x. Non-occupancy charges: At the rate fixed under the bye-law No. 43(2)(iii)(c)

xi. Insurance Charges: The built up areas of each flat, provided that if there is increase in the insurance premium due to storing any specific goods in any flat, used for commercial purposes, the extra burden of insurance premium shall be shared by those who are responsible for such increased premium in proportion of the built up areas to their flats

xii. Lease Rent: The built up area of each flat.

xiii. Non-Agricultural tax: The built up area of each flat

xiv. Education and Training Fund: Rs. 10 per Flat/unit per month

 

 

 

 

 

(xiv) Any other charges: As may be decided by the General body of the Society at its meeting.

 

(b) The Committee shall fix in respect of every flat the Society charges on the basis laid down as under the bye-law no. 69 (a).

 

xv. Election Fund: Equally by the members and as prescribed by the Election Authority in the Rules made thereof and as decided by the General Body meeting of the Society

xvi. Any other charges: As may be decided by the general body of the Society

 

(b) The Committee shall fix in respect of every flat the society charges on the basis laid as down under the bye-law No, 69 (a).

 

70. 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. 69 (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 fixed by the Committee.

70. 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. 69 (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.

71. 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 73FF(c) of the MCS Act, 1960. 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.

 

(a) On the Death of the defaulter member of the society, the over dues can be recovered from the legal heirs of the deceased member or from the occupant of the flat.

 

71. (a) 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.

 

(b) In case of default by member in payment of maintenance and service charges, the committee shall initiate a recovery proceeding under section 91 or section 101 of the Act

 

A member shall be required to pay simple interest at such rate as is fixed by the general body of the Society at its meeting, subject to the maximum of 21 per cent per annum, on the charges of the Society, from the date the amount was delayed till its payment not paid by the member within the period as prescribed under bye-law no. 70.

 

72. A member shall be required to pay simple interest at 21 percent per annum or such fewer rates as fixed by the general body of the Society, on the dues to the Society, from the date the amount was delayed till its payment remains unpaid by the member within the period as prescribed under bye-law No. 70.

 

IX. INCORPORATION, DUTIES AND POWERS OF THE SOCIETY

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

INCORPORATION, DUTIES AND POWERS OF THE SOCIETY

73. 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.

 

The Common seal of the Society shall be in the custody of Secretary of the Society and shall be used under the authority by means of a resolution of the Committee and the deeds of conveyance, share certificates 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, authorized by the Committee in that behalf.

 

74. 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 and 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.

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 the repayment of such charges, as provided under Section 46 of the MCS Act 1960.

 

75. 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.

 


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