MCS MAHARASHTRA COOPERATIVE HOUSING SOCIETY MODEL BYE LAWS 1 TO 100

MODEL BYE – LAWS OF

COOPERATIVE HOUSING SOCIETY

(Tenant Co‐Partnership Housing Society )

2014

I.PRELIMINARY 3

a. The Name of the Society bye Law no 1. a 3

c. The Society is classification bye Law no 1. c 3

a. The registered address of the Society bye Law no 2. a 3

II. INTERPRETATIONS BYE LAW NO 3 3

III. AREA OF OPERATION BYE LAW NO 4 6

IV. OBJECTS 7

5. The objects of the Society bye Law no 5 7

V. AFFILIATION BYE LAW NO 6 7

VI. FUNDS, THEIR UTILISATION AND INVESTMENT 7

( A ) Raising of Funds bye law no 7 7

(B)Share Capital bye law no 8 8

(C) Limit of Liabilities bye law no 11 8

(D) Constitution of the Reserve Fund bye Law no 12 8

(E) Creation of Other Funds bye law no 13 a. b. c. d. 9

b. Major Repairs Funds bye law no 13 b. 9

(F) Utilisation of the Funds by the Society bye law no 14 9

a. Reserve Fund bye law no 14 a 9

b. Repairs and Maintenance Fund bye law no 14 b 9

c. Sinking Fund bye law no 14 c 9

(G) Investment of Funds bye law no 15 10

VII. MEMBERS, THEIR RIGHTS, RESPONSIBILITIES AND LIABILITIES 10

( A ) Classes of Members bye law no 16 10

( B ) Eligibility for Membership bye law no 17 10

( C ) Conditions for Membership bye law no 19 11

( A ) Rights of Member 13

Active Member bye law no 22 c 13

( B ) Getting Copy of the Bye‐laws, Audit Report & 13

Inspection of Books & Records and getting copies thereof bye law no 23 a. b. 13

( C ) Occupation of Flats bye law no: 24 14

( D ) Restrictions on Rights of Associate and Nominal Members bye law no 25 14

( E ) Resignation of Membership bye law no 27 14

( G ) Nomination by Members bye law no 31 16

( H ) Transfer of Shares and interest in the Capital/Property of the Society Bye law no 37 17

( I ) Exchange of Flats bye law no 40 19

( J ) Sub‐letting etc. of Flats bye law no 42 19

VIII. RESPONSIBILITIES AND LIABILITIES OF MEMBERS 20

( A ) Maintenance of Flats by Members Flats to be maintained bye law no 44 ‐ 47

( B ) Expulsion of a Member bye law no 48 21

( C ) Cessation of Membership bye law no 54 22

( D ) Restrictions on Holding more than One Flat bye law no 59 23

( E ) Liabilities of a Member and the Past Member bye law no 60 23

( F ) Other Matters bye law no 62 23

IX. LEVY OF CHARGES OF THE SOCIETY BYE LAW NO 64 , 65 , 66, 67 , 68, 69, 70 25

X. INCORPORATION, DUTIES AND POWERS OF THE SOCIETY 27

XI. GENERAL MEETINGS BYE LAW NO 84 ‐ 108 30

( A ) First General Meeting bye law no 84 30

( B ) Annual General Body Meetings bye law no 93 32

( C ) Special General Body Meetings bye law no 95 32

XII . MANAGEMENT OF SOCIETY BYE LAW NOS 109 ‐ 139 34

XIII . MAINTENANCE OF ACCOUNT BOOKS AND REGISTERS 140 - 146 42

Subject Index

Particulars bye law no page no

XIV. APPROPRIATION OF PROFITS BYE LAW NO 147 45

XV. TO WRITE OFF OF IRRECOVERABLE DUES. BYE LAW NO 148 45

XVI. AUDIT OF ACCOUNTS OF THE SOCIETY BYE LAW NO 150 ‐ 152 45

XVII. CONVEYANCE / DEEMED CONVEYANCE OF THE PROPERTY, AND

REDEVELOPMENT AND REPAIRS/MAINTAINCE OF THE PROPERTY 46

XVIII. OTHER MISCELLANEOUS MATTERS 49

XIX. REDRESSAL OF MEMBERS COMPLAINTS 52

XX REGARDING

REDEVELOPMENT OF SOCIETIES BUILDINGS 55

I . PRELIMINARY

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 subclass

"Tenant Ownership / Tenant Co-partnership / Other

Housing Society."

a. The registered address of the Society shall be as under:

…….. …… ….. ….. ….. ….. ….. ….. …. …. …. … …. …. …. ….

.. ….. …… … …….. …… ….. ….. ….. ….. ….. ….. …. …. …. …

…. …. …. …. .. ….. …… …….. …… ….. ….. ….. ….. ….. ….. ….

…. …. … …. …. …. …. .. ….. …… …….. …… ….. ….. ….. …..

….. ….. …. …. …. … …. …. …. …. .. ….. ……

b. Address for Correspondence ( as decided by the Managing Committee)

…….. …… ….. ….. ….. ….. ….. ….. …. …. …. … …. …. …. ….

.. ….. …… … …….. …… ….. ….. ….. ….. ….. ….. …. …. …. …

…. …. …. …. .. ….. …… …….. …… ….. ….. ….. ….. ….. ….. ….

…. …. … …. …. …. …. .. ….. …… …….. …… ….. ….. ….. …..

….. ….. …. …. …. … …. …. …. …. .. ….. ……

c. 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.

d. Any change in the registered address of the Society shall be

made after following the procedure laid down in Rules.

e. 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.

I I . I N T ERPRETATIONS

3. Unless otherwise separately provided in these bye-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.

Name of the Society

Procedure for

changing the

Classification

Address of the

Society

Address for

Correspondence

Procedure for

changing the

address of the

Society

Exhibition of

Name Board

Interpretations of

the words and

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 Society Federation' means the federation of cooperative

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,

basement, podium , mechanized parking;

a. ‘Parking Slot’ means demarcated and numbered individual parking

slot for a single vehicle ( for four wheeler LMV or two wheeler ) within

the Parking Space available with the Society

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, stair-ways, lifts / escalators , fire

escapes and entrances and exits of the building;

c. the basements, cellars, yards, gardens, parking areas undemarcated

/ demarcated parking slots, 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, water

storage and water heating, water harvesting, pump houses,

refrigeration, air conditioning, generators, roof top solar devices,

common antennas and mass communication and data sharing

devices,

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 who holds the right, title and

interest in the property individually or jointly;

a. “Active Member” means

i. One who has purchased and owns a Flat / Unit in the Society.

ii. One who attends at least one General Body Meeting of the Society

in the previous five consecutive years.

Provided that nothing in this clause shall apply to the members

whose absence has been condoned by the General Body Meeting

of the Society.

iii. Who has paid the Society Maintenance Service and other charges

at least once in previous consecutive five years.

b. "Associate Member" means a Members who holds the right, title

and interest in the property individually or jointly with others, but

whose name does not stand first in the share certificate;

c. "Nominal Member" means a person who does not hold the right,

title and interest in the property individually or jointly admitted to

Membership as such after registration ;

xxv. "Family" means Group of persons which includes husband, wife,

father, mother, sister, brother, son, daughter, son-in-law, brother-inlaw,

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 notified.

xxxi. “Expert Director” means and includes a person having experience in

the field of Housing, cooperation 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 discharges 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, President, Secretary, Joint

Secretary, Treasurer, Joint Treasurer, Member of the Committee,

Manager, and any other person elected or appointed to give directions

in regard to the business of such Society.

III. AREA OF OPERATION

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

............................................. ………. ……… …….. ……

Explanation :

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

2) For the Societies at other places, insert City Survey no / Gat no. / Final Plot no / Ward /

Corporation- Municipal limits / Town / Village of.............................. ........ ...... ................. Taluka

...................................District .............................

Area of Operation

IV. OBJECTS

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

a) To obtain conveyance from the Owner/ Promoter Builder, in accordance

with the provisions of the Ownership Flats Act and the Rules made there

under, of the right, title and interest, in the land with building/buildings

thereon, the details of which are as hereunder :

The building / buildings known / numbered as ..................................

constructed on the plot / plots nos............../ Survey no. ............. / CTS

no.................... of ..................................( village / taluka ) admeasuring

..................... sq. meters, more particularly described in the application for

registration of the Society;

OR ( APPLICABLE FOR PLOT PURCHASED TYPE SOCIETY )

*(a) To buy or take on lease a plot or plots nos........ ..../Survey no. ..........

.... / CTS no .................. of.............. admeasuring. .............. sq. mts. and

to construct flats thereon for allotment to the Members of the Society for

their authorised use.

To purchase a building or buildings known as .....................

.......Constructed on the plot / plots nos / survey no. / CTS

no............................of ................ admeasuring.................. sq. mts.for

allotment of flats therein to the Members of the Society for their authorized

use.

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 Recreational activities;

e) To provide Co-operative Education and Training to develop co-operative

skills of 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. AFFILIATION

6. The Society, immediately after its registration, shall become a Member of the

Co-op Housing Federation of the District / Ward / Taluka, the District Central

Co-operative Bank. of the District, and shall pay sums, from time to time,

payable by it, under the bye-laws of the respective organisations referred to

above.

VI. FUNDS, 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:

Modes of raising the funds of the

Objects of the

Society

Affiliation of the

Society to other

Coop Institutions

Modes of raising

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,

assignment

h. by premium on transfer of occupancy right over the flats,

i. by corpus fund from Promoter Builder

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

k. by way of statutory requirements.

l. by way of non-occupancy charges, leasing / hiring of open spaces

m. by way of corpus fund, in case of redevelopment

(B)Share Capital

8. The Authorised Share Capital of the Society shall be Rs

................................divided into ............... shares of Rs. 50 each.

9. a.) A Share Certificate, prescribed in bye-laws, bearing distinctive number and

indicating the name of the Member, the number of shares issued and the value

paid there on, shall be issued by the Society to every Member for the shares

subscribed by him, within a period of six months of the allotment of the shares.

b) the Committee of the Society shall issue a duplicate share certificate, “So

Marked”, on application to its members on production of following documents.

1. if the share certificate is lost - copy of police complaint lodged, and an

affidavit in that regard.

2. if the share certificate is soiled, burnt, torn, disfigured etc. affidavit in that

regard.

10. Every such Share Certificate shall bear the seal of the Society and be

signed and by the Chairman, the Secretary and one Member of the Committee,

duly authorised by the Committee. The same shall be issued by the Secretary

of the Society.

11. Deposits from Members and loans may be received by the Society for such

period and at such rate of interest and upto such amount and on such terms

and conditions as may be determined by the Committee, provided that at no

time, the total amount of such liabilities shall exceed the limit prescribed under

Rule 35 of the MSCS Rules.

(D) Constitution of the Reserve Fund

12.

a. The Reserve Fund of the Society shall comprise of —

i. all entrance fees received by the Society from its Members;

Authorised

Share Capital

Issue of Share

Certificates to the

Members of the

Society

Society's seal and

signature of office

bearers on every

share certificate

Restriction on

incurring liabilities

by the Society

How the

Reserve

Fund shall be

constituted

ii. all transfer fees received by the Society from its Members on

transfers of the shares, along with the occupancy rights;

iii. all premium received by the Society from its Members on

transfers of their interest in the capital or property of the

Society;

iv. the amounts carried to the said fund, from year to year, out of

the net profit / surplus of that year, subject to the provisions of

Section 66 (1) and (2) of the Act;

v. all donations received by the Society, except those received by

it for the specific purpose.

b. The Society shall, while finalising the accounts for the preceding

cooperative year, appropriate all amounts referred to in the bye-law

No. 12(a)(i) to (v) to the Reserve Fund of the Society.

(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’s

buildings/property.

b. Major Repairs Funds, as and when required and decided by the by

the General Body at the rate fixed pro-rata 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 contribution by the

Members Rs 10 per month / per unit or as decided by the General

Body.

(F) Utilisation of the Funds by the Society

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 Fundmay

be utilised 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

Appropriation of

amounts to the

Reserve Fund of

the Society

Other Funds to be

created by the Society

Creation of

Repairs &

Maintenance Fund

Creation of Major

Repairs Fund

Creation of

Education &

Training Fund

Utilisation of

Reserve Fund

Utilisation of

Reserve Fund

Utilisation of

Sinking Fund

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

Utilisation of all the Funds shall be with the specific prior approval of

Society’s General Body.

(G) Investment of Funds

15. The funds of the Society, when not deployed in its objects, may be invested

or deposited as required under Section 70 of the Act. Provided that Society's

funds collection shall be invested on long term basis, along with the interest

earned thereon by one of the modes permitted under the said section of the

Act.

VI I . 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. Individual 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

Utilisation of

Education &

Training Fund

Utilisation of

all Funds with

approval of

General Body

Investment of

Funds

Classes of

Members

Eligibility for

Membership

of the Society

Eligibility of Minor or a

Person of unsound

mind for Membership

of the Society

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 approval of the concerned

Competent Authorities such as Collector of the District and the land

grant terms as applicable, (provided if the Society has been given land

by Government/CIDCO/MHADA/SRA” or any other authority )

Note (1) : "Family" means as defined under Bye law No. 3 (xxv)

Note (2) : Signatories to the application for Registration of the Society shall be

Deemed to be the Members of the Society after its Registration.

Note (3): The number of Members in the Society shall be limited to the number

of Flats/ Units constructed in the building/buildings. It shall be binding

on the committee to restrict the Members to the extent of the number

of Flats/Units in the Society.

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 / applicant who is eligible to be the Member and who has

applied for Membership of the Society in the prescribed form, may admitted

as Member by the Committee on complying with the following conditions :-

i. applicant has fully tendered the value of at least Ten shares of the Society,

along with his Application for Membership;

ii. applicant has paid the Entrance Fee of Rs. 100/-, along with the Application

for Membership;

iii. applicant has submitted the application as prescribed, of 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. applicant has submitted undertaking in the prescribed form to the effect that

he shall use the flat / unit for the purpose for which it was purchased by him;

v. applicant has furnished an undertaking in the prescribed form, if he / she has

no independent source of income;

vi. applicant has submitted, along with the application for Membership of the

Society, a certified copy of the agreement, duly stamped and registered

entered into by him / her/ them with the Promoter Builder or Transferor under

Section 4 of the Maharashtra Ownership of Flats Act;

Eligibility of

Corporate Bodies

for Membership of

the Society

Conditions for

Individuals

desiring to be

Member of the

Society

vii. applicant 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.

viii. In case of Societies registered under the jurisdiction of special planning

Authority like CIDCO / MHADA / SRA / MMRDA etc. the applicant should be

eligible person as per the provision of respective Act and the directives of the

Govt. / the Planning Authorities, if any.

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 shall apply through Member in the

prescribed form for such Membership, along with the entrance fee of Rs.

100/-, may be admitted as Associate Member by the Committee.

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

has made an application for Membership of the Society in the prescribed form

may be admitted as a Member by the Committee of the Society on complying

with the following conditions :-

i. applicant 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, authorizing to sign the application.

ii. applicant has paid, along with application for Membership, full value of

at least 10 shares and entrance fee of Rs. 100/-.

iii. applicant 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.

iv. applicant 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 sublettee, a licensee, a care-taker, or occupant who is eligible to be a

Nominal Member and who shall apply through Member for such Membership in

the prescribed form applicable, along with entrance fee of Rs. 100/- may be

admitted as Nominal Member by the Committee.

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.

Conditions for

Individuals desiring

to be Member of the

Society

Conditions for

Membership for

Corporate bodies

desiring to become

Society

Conditions for

Nominal

Membership

of the Society

Procedure for

disposal of

Membership

Applications

II .RIGHTS AND DUTIES OF MEMBERS

( A ) Rights of Member

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 Membership, or acquired such interest in the

Society.

b. Provided further that, in case of increase in minimum contribution of

Member in share capital to exercise right of Membership, the Society

shall give a due notice of demand to the Members and give

reasonable period of time to comply with.

Active Member

c. A Member shall be termed as an 'Active Member' if he / she fulfill

the following conditions: viz.

i. He / She has attended at least One General Body Meeting in

previous consecutive period of five years,

Provided that nothing in this clause shall apply to the member

whose absence has been condoned by the General Body Meeting

of the Society.

ii. He / She has purchased and owns Flat / Unit in the Society, and

iii. He / She has paid the Society Maintenance Service and other

charges regularly

d. A Member who is not an 'Active Member' shall be 'Non-Active

Member'.

e. Society shall classify the Members as 'Active' or ‘Non-Active' Member

at the close of every financial year.

i. 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 - -----

ii. In case of a dispute about classification of a Member being

Active or Non-Active, an appeal shall lie with the Registrar within a

period of 60 days from the date of communication of such

classification.

f. A ' Non Active Member’ can be reclassified as 'Active Member' from the

date he satisfies the conditions laid down under Byelaw no. 22(c).

( B ) Getting Copy of the Bye-laws, Audit Report &

Inspection of Books & Records and getting copies thereof

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 Approved Bye-laws,

Audit Report of the Society, on payment of charges prescribed thereof.

Active

Member

Inspect Society’s

record and

getting copies

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 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.

( D ) 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 and he fulfills the conditions

of bye-law 22(a)

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 from Membership after giving three months notice in

the prescribed form to the Secretary of the Society as provided under Rule

21(1) of the Rules.

(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.

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 3months from the date of the receipt of the notice of the

resignation.

(e) Where any resignation is rejected, the Committee shall record the reasons

therefore and communicate the same to the Member concerned within three

months from the date of receipt of notice of resignation.

( 2 ) Resignation by 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

No rights of

Membership for

Associate

Member except

that under Section

27 (2)

Notice of

resignation of

Membership of

the Society.

Resignation not to be

accepted unless

charges of the Society

Caroem fumlluynpicaaidti.o n of

outstanding charges

due to Society from

the Member

Acceptance of

resignation

where no charges of

the Society are

outstanding.

Communication of

reasons for rejection

of resignation.

Resignation by

an Associate

Member

No rights of

Membership to a

nominal Member.

recommended by the Member for acceptance by the Committee. The decision

of the Committee, accepting the resignation of the Associate Member shall be

communicated by the Secretary of the Society to the Member and his associate

Member within 15 days of the decision by the Committee. If the resignation is

rejected, the Committee shall record the reasons therefore in the minutes of its

meeting and the Secretary shall communicate the same to the Member and his

associate Member within the time specified above.

( 3 ) Resignation by a Nominal Member, occupying the flat on behalf of the

Firm, Company or any other Body Corporate

28. If there is a nominal Member, occupying the flat on behalf of a firm, company or

any other body corporate, he/she may resign his nominal Membership, at any

time, by writing the letter of the resignation to the Secretary of the Society

through the firm, the company or any other body corporate, on whose behalf he

is occupying the flat. The Secretary of the Society shall place the letter of

resignation, before the meeting of the committee, held next after the receipt of

the letter of the resignation of the Nominal Member, duly recommended by the

firm, the company or any other body corporate for acceptance by the

Committee. The decision of the Committee, accepting the resignation shall be

communicated by the Secretary of the Society to the firm, company or the body

corporate and the nominal Member, within 15 days of the decision by the

Committee. If the resignation is rejected, the Committee shall record reasons

therefor in the minutes of its meeting and the Secretary shall communicate the

same to the firm, company or the body corporate and the nominal Member

within the time specified above.

( 4 ) Resignation by a Nominal Member, who is Sub-lettee, Licensee,

Caretaker etc.

29. A sub-letter, licensee, caretaker or possessor of a flat or part thereof, who has

been admitted as a nominal Member of the Society may resign his nominal

Membership at any time, by writing the letter of the resignation to the Secretary

of the Society, through the Member who has been permitted by the Committee

to sub-let, give on leave and licence or caretaker basis the flat or part thereof or

part with its possession in any other manner. The Secretary of the Society shall

place the letter of the resignation before the meeting of the Committee, held

next after the receipt of the letter of the resignation duly recommended by the

Member concerned for acceptance by the Committee. The decision of the

Committee, accepting the resignation shall be communicated by the Secretary

of the Society to the Member concerned and his sub-lettee the licensee, the

caretaker, or as the case may be, the possessor of the flat or part thereof,

within 15 days of the decision by the Committee. If the resignation is rejected,

the Committee shall record reasons there for in the minutes of its meeting and

the secretary of the Society shall communicate the same to the Member

concerned and his sub-lettee, licensee or caretaker etc. within the time

specified above.

30. 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.

Resignation by a

Nominal Member,

occupying the flat on

behalf of a firm,

company or any

other body

corporate.

Resignation by a

sublettee.

licensee- or

caretaker

Acquisition of shares

and interest of the

Member in the

capital/property of the

Society.

( G ) Nomination by Members

31. A Member and / or Associate Member of the Society may by writing under his

hand, in the prescribed form, nominate a person or persons to whom the

whole or part of the shares and / or interest of the Member in the capital /

property of the Society shall be transferred in the event of his death. The

acknowledgement of the nomination by the Secretary, shall be deemed to be

the acceptance of nomination by the Secretary. No fees shall be charged for

recording the first nomination. A Member may revoke or revise his nomination,

at any time, by making an application, in writing, under his hand, to the

Secretary of the Society. The acknowledgement of the variation in nomination /

subsequent nomination by the Secretary, shall be deemed to be the

cancellation of earlier nomination. Every revision of the nomination shall be

charged a fee of Rs. 100/-

32. On receipt of the Nomination form, or the letter for revocation of the earlier

nomination, the same shall be placed before the meeting of the Committee.

held next after the receipt of the Nomination form, or the letter of revocation of

the earlier nomination, by the Secretary of the Society for recording the same in

the minutes of the Committee. Every such nomination or revocation thereof

shall be entered in the register of nominations by the Secretary of the Society

within 7 days of the meeting of the Committee, in which it was recorded.

33. Subject to the provisions of the Section 30 of MCS Act. 1960 bye-law No. 17A

or 19, on the Death of a Member, the Society shall transfer the shares and

interest of the deceased Member in the Capital/Property of the Society to the

Nominee/Nominees and in proportion with the shares and interest held by the

deceased Member, in case property is purchased by Member and associate

Member jointly. In the event of death of the Member, Nominee/Nominees shall

submit the Application for Membership, within six months from the death of a

Member. If there are more than one Nominee, on the death of a Member, such

Nominees shall make Joint Application to the Society and indicate the name of

the Nominee who should be enrolled as Member. The other nominees shall be

enrolled as Joint/Associate Members unless the nominees indicate otherwise.

The nominees shall also file an Indemnity Bond in the prescribed form

Indemnifying the Society against any claims made to the shares and interest of

the deceased Member in the Capital/Property of the Society by any of them, in

case only one nominee is indicated by the Nominees for Membership of the

Society.

Note:- In case of acquiring Membership on the basis of Nomination, such Member

shall hold the flat / unit in 'trust' till all the Legal Heirs are brought on record

and shall not have the right to ownership and shall not create third party

interest or alienation in any way whatsoever.

34. 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

Procedure for

Nomination

by a Member and

its revocation /

revision.

Recording of

Nomination

or revocations

/ revisions

thereof.

Transfer of

shares and

interest of the

deceased

Member in the

capital /

property of the

Transfer of shares

and interest of the

deceased Member in

the capital/property

otf the Society to the

heir

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.

35. If there is the single nominee and if he demands payment of the value of

Shares and interest of the deceased Member, in the capital / property of the

Society, the Society shall acquire the same and pay him the value thereof as

provided under the bye-law No.63. If, however, there are more nominees than

one and if they demand payment of the value of the shares and interest of the

deceased Member in the capital/property of the Society, the Society shall

acquire the same and pay them value thereof as provided under the bye-law

referred to above in the proportion mentioned in the nomination form. If no

proportion is mentioned in the nomination form, the payment shall be in equal

proportions.

36. If, in the opinion of the Committee, there is only one heir / legal representative

of the deceased Member and if he demands payment of the value of the

shares and interest of the deceased Member in the capital/property of the

Society, the Society may acquire the same and pay him the value thereof as

provided under the bye-law No. 63 after obtaining the indemnity bond referred

to in the bye-law No. 34. If, in the opinion of the Committee, there are more

heirs/legal representatives than one and if they demand payment of the value

of Shares and interest of the deceased Member in the capital/property of the

Society, the Society may acquire the same and pay them value thereof in equal

proportion as provided under the bye-law No. 66, after obtaining the Indemnity

Bond referred to in the bye-law No. 35, from all the heirs/legal representatives

jointly.

( H ) Transfer of Shares and interest in the Capital/Property of the Society

37.

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-fascia eligible to

transfer his shares and interest in the capital/property of the Society, in

view of the provisions of Section 29(2)(a) of the Act.

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.

Payment of the

value of

Shares and

interest of

the deceased

Member in the

capital /

Payment of the value

of Shares and interest

of the deceased

Member in the capital /

property of the Society

to the heir / legal

Representative

Notice of transfer of

Shares and interest in

the capital/property of

the Society

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 fulfill

compliance as under:

i. application in the prescribed form, for transfer of his shares and interest

in the capital / property of the Society, along with the Share Certificate;

ii. application in the prescribed form for Membership of the proposed

Transferee ;

iii. resignation in the prescribed form Member / Transferor;

iv. Registered Agreement with Stamp Duty paid;

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 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.

38.

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. 62 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 interest in the capital/property of the Society

except on the ground of noncompliance

of the provisions of the Act,

the Rules and the Bye-laws of the Society or any other law or order

issued by the Government in exercise of the statutory powers vested

in it.

Disposal of transfer

applications

Committee / General

Body not to ordinarily

refuse any application

for Membership or

transfer of Shares

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 three months of its receipt, the transfer application shall be

deemed to have been accepted and the transferee shall be deemed to

have been admitted as a Member of the Society as provided under

Section 22(2) of the Act.

d. Any transfer made in contravention of the Act, Rules or the Bye-laws

shall be void and not effective against the Society

39. 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.

( I ) Exchange of Flats

40. The Members, desiring to exchange their flats, shall make a joint application to

the Secretary of the Society, containing the following details:

a. The names of the Members concerned;

b. The distinctive numbers of their respective flats;

c. The carpet areas (in sq. metres), of their respective flats;

d. The building number/numbers or name/names of the building/buildings in

which the respective flats are situated;

e. The reasons for exchange of flats.

41. The procedure for disposal of applications for exchanges of flats as indicated in

the bye-law No. 62 shall be followed by the Secretary and the Committee of the

Society.

( J ) Sub-letting etc. of Flats

42. (1) A member shall intimate to the society, of subletting his flat or giving on

leave and license basis or care taker basis or parting with its possession in any

other manner, however the member shall submit a copy of leave and license

agreement and copy of intimation report to the police station.

(2) No permission of the Society is required to sublet the flat / shop. However the

intimation needs to be given to the society 8 days before such subletting.

43. No Member of the Society shall assign, mortgage or create any charge on his

occupancy right in the flat without the previous permission in writing of the

Society.

Provided that such permission of the Society will not be required for

assigning, mortgaging or creating any charge on the occupancy right in the

flat for the purpose of obtaining loan, either for purchase of the flat or for

liquidating the liability incurred by him for the said purpose by way of loan or

advance from the employer or the Member or from the Life Insurance

Corporation of India or from a Bank or the Society or any other agency

approved by the Commissioner for Co-operation and Registrar, C.S.M.S.

Pune.

Deemed to have

been Admitted

-if not

communicated

within three

months

Unauthorised

transfer void.

Rights of

Membership

when to be

exercised

by the transferee.

Application for

exchange

of flats by the

Members of the

Disposal of

applications

for exchanges of

flats by Members.

Sub-letting etc. not

permissible except

under the Society's

permission.

Application for

permission to sublet

etc

Restrictions on

assignment of

occupancy right in

the flat.

V I I I . R ESPONSIBILITIES AND LIABILITIES OF MEMBERS

( A ) Maintenance of Flats by Members Flats to be maintained

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

45.

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.

46.

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.

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.

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.

47. 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.

Additions and

alterations

in a flat

permissible with

the Committee's

Application for

permission for

Making additions

and alterations

in a flat

Examination of

flats and report

about Repairs to

Flats

Notice to the Member

about carrying out

repairs in his flat by the

Society at its cost.

Notice to the

Memberfor carrying

out repairs to his flat

at his cost.

Restrictions on storing

of certain goods.

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 sou-moto or on receipt of the

complaint from any Member, to take steps to stop all such practices referred

to in the bye-law No. 47(a) forthwith.

( B ) Expulsion of a Member

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

Member

a. has persistently failed to pay the charges due to the Society,

b. has willfully deceived the Society by giving false information,

c. has used his flat for immoral purposes or misused it for illegal purposes

habitually,

d. 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,

e. has furnished false information or omitted to furnish the material

information to the Registering Authority at the time of registration of the

Society.

f. 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

49.

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 Rule 28

and 29 of MSCS 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.

50. The Member, duly expelled from Membership of the Society, shall cease to be

the Member of the Society, with effect from the date on which the resolution of

expulsion from the Membership of the Society is approved by the Registering

Authority'. The forfeiture of shares may take effect simultaneously with

expulsion. Handing over vacant possession of the flat by the expelled Member.

51. The Member, who has been duly expelled from the Membership of the Society,

shall not be entitled to continue in occupation of his flat and he shall arrange to

hand over peaceful and vacant possession of his flat to the Secretary of the

Society, within such period as the Committee may allow. On his failure to do so,

he shall be liable to be evicted from his flat. Acquisition of the Shares and

interest of the expelled Member.

52. 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

Not to do

anything causing

inconvenience,

to other

Members.

Committee to

take action on

complaints

Grounds on

which a

Member could be

expelled.

Procedure for

expulsion

of a Member.

Member

Effect of expulsion

Membership of the

Society.

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.

53. 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.

( C ) Cessation of Membership

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

a. On his resignation from Membership of the Society having been accepted

by the committee.

b. On transfer of all his shares and interest in the capital/property of the

Society.

c. On his death.

d. On his expulsion from the Membership of the Society.

e. On being adjudged as an insolvent or legally disabled from continuing as

Member.

f. 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.

g. On cessation of right/title & interest of a Member in the property of the

Society, by way of legal attachment or sale.

h. Any transfer if void as provided under bye law number 38 (d)

The Committee shall take further action in the matter as indicated in the

bye-law No.61.

55. The person shall cease to be the Associate Member of the Society, when the

Member, whose name stands first, ceases to be the Member of the Society or

on the death of the Associate Member or on the acceptance of the resignation

of the Associate Member by the Committee,

However the associate member shall not cease to be Associate Member when

the First Member ceases to be the member of the society if Associate Member

holds title and interest in the property jointly with the member.

The Committee shall take further action in the matter as indicated in the Bye-law

No. 61.

56. 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 :

a. On his death.

b. On the acceptance of his resignation by the Committee.

c. On cessation of Membership of the original Member on whose behalf he

occupies the flat in the Society.

d. On cessation of his nomination on account of expulsion of the original

Member.

e. On intimation from the original Member of termination of the occupants

nomination.

Circumstances

under which a

person ceases to

be a Member

Eligibility of

the expelled

Member for

readmission

Circumstances

under which

the person

occupying the

flat onbehalf of

the firm /

company

ceases tobe

the nominal

Member.

Circumstances

under which the

person shall cease

to be Associate

Member.

The Committee shall take further action in the matter as indicated in the bye-law

No.58.

57. The Nominal Member, who is the sublettee, licensee or care-taker or possessor

in any other manner of the flat or the part thereof shall cease to be as such

Member of the Society:

a. On his death.

b. On his resignation having been accepted by the Committee.

c. On the cessation of the Membership of the original Member.

d. 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. 54, 55, 56 and 57

mean the Member, with whom the Associate Member/s hold the shares of

the Society jointly, the Firm, the Company or any other Body Corporate,

on whose behalf the nominal Member occupies fiat in the Society's

building or the Member who has been permitted to sub-let, give on leave

and license or care-taker basis his flat or part thereof or part with its

possession in any other manner. The Committee shall take further action

in the matter as indicated in the bye-law No. 58.

58. The Committee shall record the facts of cessation of Members Membership of

the Society under the bye-law No. 54 and of Associate and Nominal Member's

Membership respectively under the bye-laws Nos. 55, 56 and 57, 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 ) Restrictions on Holding more than One Flat

59. 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

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

the Society.

61. The liability of the past Members of the Society for the debts of the Society, as

they stood on the date of the cessation of his Membership and the liability of the

estate of the. deceased Member of the Society for the debts of the Society as

they stood on the date of his death shall continue for the period of 2 years from

the date of his cessation or death respectively as per the provisions of Section

33(1) of the Act.

( F ) Other Matters

62.

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) intimation for subletting

Circumstances

under which a

Sub lettee,

licensee

.carelaker

ceases to be the

nominal Member

Action by the

Committee

on cases of

cessation of

Membership

of the Society

Holding of multiple

flats

by Member.

Liability limited

to unpaid

amount on

Shares-

Liability of the

past

Member.

or giving flats or parts thereof on leave and license or care-taker basis, (iv)

permission for additions and alterations in flats, (v) allotment of parking

spaces and stilts (vi)permission for exchange of flats (vii) permission for

holding, additional flats, (viii)permission for assigning, mortgaging or creating

charge or interest in fiats, (ix) permission for use of terrace, and (x)

complaint application of the members (xi) for any other purpose provided

under the byelaws but not specifically mentioned above, shall be addressed

to the Secretary of the Society. Every application received by the Secretary

shall be acknowledged by him.

b. On receipt of the applications, the Secretary of the Society shall scrutinize

them and bring any short-coming therein to the notice of the Members

concerned within 15 days of their receipt for compliance;

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; except application for subletting.

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.

63. 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 :

a. The value of Shares or interest in the share capital of the society shall be

decided in accordance with the provisions of Section 29 read with Rule 23

of the MSCS Rules,

b. The interest of the expelled Member in the property/capital of the Society,

shall be valued by the Government approved valuer.

c. 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.

d. On receipt-of the offers, the Committee, in its meeting, shall scrutinize 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.

e. 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/-.

f. On realisation 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,

i. To the Member whose resignation has been accepted by the

Committee, or

ii. 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

iii. To the expelled Member Together with the value of the shares as

determined under (i) above and after deducting the following

a. outstanding amounts, if any, due from such Member.

b. the entire expenses of the publication of the notice.

c. 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.

IX. LEVY OF CHARGES OF THE SOCIETY

64. The contribution to be collected from the Members of the Society, towards

outgoing and establishment of its funds, referred to in these bye-laws as 'the

charges' may be in relation to the following : (i) Property Taxes, (ii) Water

Charges, (iii) Common Electricity Charges, (iv) Contribution to Repairs and

Maintenance Fund, (v) Expenses on repairs and maintenance of the lifts of the

Society, including charges for running the lift. (vi) Contribution to the Sinking

Fund, (vii) Service Charges, (Viii) Car Parking Charges, (ix) Interest on the

defaulted charges, (x) Repayment of the installment of the loan and interest, (xi)

Non-occupancy Charges, (xii) Insurance Charges, (xiii) Lease rent, (xiv) Nonagricultural

tax. (xv) Education and Training Fund (xvi) Election Fund (xvii) Any

Other Charges.

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

following:

a. Salaries of the office staff, liftmen, watchmen, malis and any other

employees of the Society.

b. Where the Society has independent Office, the property taxes, electricity

charges, water charges etc. for the same.

c. Printing, Stationery and Postage,

d. Travelling Allowance and conveyance charges to the staff and the Members

of the Committee of the Society.

e. Sitting fees paid to the Members of the Committee of the Society,

f. Subscription to the Education Fund of the Maharashtra Rajya Sahakari

Sangh Ltd.

g. Annual Subscription of the Housing Federation and any other co-operative

institution to which the Society is affiliated.

h. Entrance fees for affiliation to the Housing Federation and any other

cooperative institution.

i. Audit Fees for internal, Statutory and reaudit, if any.

j. Expenses incurred at meetings of the general body, the Committee an the

Sub-Committee, if any

Composition of

the

Charges of the

Society.

Break-up of

ServiceCharges

of the Society.

k. Retainer fees, legal charges, statutory enquiry fees.

l. Common electricity charges.

m. 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.

66.

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 size of 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 percent per annum, of the construction

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 / units.

vii. 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 byê-law No.

43(b)(iii).

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 / unit.

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

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

xv. Election Fund : Equally by the Members and as prescribed by

the Election Authority in the Rules

xvi. Any other charges : As may be decided by the General Body

Meeting 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, 66 (a).

67. The following repairs and maintenance of the property of the Society shall be

carried out by the Society at its costs:

a. ( i ) All internal roads, (ii) Compound walls, (iii) External water pipe lines, (iv)

Water pumps,(v) Water storage tanks, (vi) Drainage lines, (vii) Septic tanks,

(viii) Stair cases, (ix) Terrace and parapet walls, (x) Structural repairs of roofs

of all flats, (xi) Stair-case lights, (xii) Street lights, (xiii) External walls of the

building/ buildings, (xiv) All leakages of water including leakages due to rain

water, and leakages due to external common pipe line and drainage line,

(xv) Electric lines upto main switches in the flats (xvi) Lifts, (xvii) The

damaged ceiling and plaster thereon in the top floor flats, on account of the

leakage of the rain water through the terrace.(xviii) Generators,(xvix)

Sharing of the

Society's Charges

by the Members. at

its meeting.

Committee to fix

Society's Charges

in respect of every

flat.

Security Appliances (CCTV, Intercom, Group Mobile, Mass Data Sharing

Devices, Siren Bell) (xx) Rain Water Harvesting,(xxi) Sewerage, Storm water

Drain & Water Treatment Plant (xxii) Common areas not specifically allotted

,Swimming Pool, Gym, Sauna Bath, Coffee House (xxiii) Common Parking

Space (xxiv) Solar and alternate energy devices. (xxv) Garden (xxvi)

Community hall

b. All the repairs, not covered by the byelaw

No. 158(a) shall be carried out

by the Members at their cost. The expenditure of the internal leakage due to

toilet, sink etc. should be borne by concerned flat holders, with intimation to

the Society.

68. The Secretary of the Society, shall prepare bill/demand notice in respect of the

charges of the Society payable by Members on the basis of the bye-law No. 70

(a) and issue the same to all the Members on or before the date fixed by the

Committee in that behalf. Every Member of the Society shall pay the amount

mentioned in the bill /demand notice in full within such period as may be fixed

by the Committee.

69.

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 101

of the Act.

70. A Member shall be required to pay simple interest at twenty one percent per

annum, or, at such lower rate as may be fixed by the General Body, on the

outstanding dues to the Society, from the date the amount was due as

prescribed under Bye-law no. 69, till full and final payment by the Member

X. I N C ORPORATION, DUTIES AND POWERS OF THE

SOCIETY

71. 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.

72. The Common Seal of the Society shall be in the custody of the Secretary of the

Society and shall be used under the authority by means of a resolution of the

Committee on the Deeds of conveyance, share certificate or any other

documents, to which the seal is affixed on behalf of the Society, shall be

attested by the Chairman, the Secretary and one Member of the Committee,

authorised by the Committee in that behalf along with their name and

designation.

Payment of the

Society's Charges.

Review of

payment defaults

cases of

Society charges.

Incorporation.

Common Seal.

73. 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.

74.

a. The Member, person/firm who had purchased the flat under an agreement

under Section 4 of the Ownership Flats Act, or acquired interest in the flat on

transfer of the same by existing Member with previous permission of the

Society, shall be deemed to have been allotted the same flat by the Society

subject to the terms and conditions set out in the letter of allotment in the

prescribed form, including subsequent modifications made by the Society

b. The allotment of flats in the building/buildings of the Society shall be made

to its Members on the basis of (i) the first come first served, (ii) full

payment of the demands, made by the Society from time to time or (iii) by

drawing lots as may be decided by the General Body Meeting. The Secretary

of the Society shall issue letters of allotment of flats in the prescribed form to

the respective Members and obtain confirmation letters from them

c. Where any Member fails to pay any calls made by the Society under the

bye-law No. 74(a), within the time allowed to him by the committee the

allotment of flat made in his favour, shall stand cancelled and the Secretary

of the Society, under instructions from the Committee, shall inform the

Member accordingly. Where such cancellation has been made, the flat may

be allotted to other applicant approved by .the committee, if a Member,

whose allotment is cancelled, makes payment of the calls and Committee at

its meeting may consider the matter regarding re allotment of any other flat

to him if it is available for allotment

d. No Member shall be eligible to get possession of the flat allotted to him

unless he has made full payment towards shares, cost of construction,

repayment of the loan instalments, which have fallen due and/or any other

charges demanded by the Society, under these bye-laws.

e. No Member of the Society shall use the flat / unit deemed to have been

allotted to him under (a) above, for a purpose other than that mentioned

in the letter of allotment, without the previous consent in writing of the

Committee.

75.

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

follows

i. for buildings aged between 15 to 30 years.. .. once in 5 years

ii. for buildings aged more than 30 years .. .. .. once in 3 years

b. Such Structural Audit by Societies which are in Municipal Corporations

limits shall be conducted by approved Engineers from the Corporations

panel. In case of other Societies such structural audit shall be carried by the

Govt. Approved Structural Engineers / Architect, and maintain record

thereof

c. The Society shall undertake to carry out periodical Fire Audit of its property

as per the State Fire Policy, and maintain record thereof

d. The Society shall carry out periodical Inspection of Lifts / Elevators and

maintain record thereof

Handing over

possession of

flats.

Policy for allotment

of flats

Change of user not

permissible without

the sanction of the

Committee.

Flat

purchased is

deemed to

have been

allotted.

Charge and set off

in respect of

Shares and

interest of a

Member of the

Society.

Society to carry out

Structural Audit.

Cancellation

of allotment

of flats.

76. The committee shall, after getting occupation or completion certificate from

the local authority, scrutinize the allotment register from time to time and issue

instructions to the Secretary of the Society to hand over possession of flats to

the respective Members who have complied with the provisions of the bye-law

no. 17 / 19.

77.

a. The Society shall in the General Body meeting frame and adopt Parking

Rules to regulate the Parking slots, in accordance with the Act and Rules

there under

b. The allotment of Parking Space shall be made by the Committee on the

basis of "First Come First Served", for available parking slots However the

Member shall have no right to sell or transfer the Parking Slot allotted by the

Society.

c. No Member shall be entitled to utilize more parking slots than that officially

allotted to him by the Society

78. Where any parking slots have been built or open space in the Society's

compound is available for parking of cars, the Society shall number and

demarcate the stilts and / or the open space in such a way that no

inconvenience would be caused to any of the Members of the Society. The

Committee shall ensure that the space is used by the Members for the purpose

for which it is allotted to them.

79. A Member having a vehicle will be eligible to have parking slot. Normally no

Member shall be eligible for being allotted more than one parking slot. The

vehicles may be owned by him or allotted to him by his employer, or the firm of

which he is the partner or the company of which he is the director. If any

parking slots remain unallotted for want of applicants, additional parking slots

may be allotted to such Members who already have a slot allotted to them in

normal course. Such allotment of additional parking slots shall be made on year

to year basis, provided the same are not required by other Members, who have

not been allotted even a single parking slot.

80. In case the number of eligible Members for parking slots is in excess of the

available parking slots, then the Managing Committee shall allot parking slots

on annual basis by fair and transparent process, in concurrence with the

General Body regulations.

81. The Member, desiring to have parking slot, may make an application to the

Secretary of the Society giving necessary details. The procedure laid down

under the bye-law No. 64 for disposal of applications, shall be followed by the

Secretary and the Committee of the Society.

82. Every Member shall pay the for parking charges for the number of slots allotted

to him / her at such rate as may be decided by the General Body of the Society

at its meeting, irrespective of the fact whether he actually parks his vehicle or

not.

83. Every Member, having a scooter, a motor cycle, or an autorickshaw shall obtain

prior permission of the Committee for parking his vehicle in the compound of

the Society and pay the charges fixed by the General Body of the Society at its

meeting.

To obtain

certificate

of possession from

the allottee

Policy for allotment

of parking slots

Marking of

parking slots

Restriction on

parking slots

Eligibility for

allotment of

parking slots.

Applications for

allotment of

parking slot.

Payment of

charges for

parking of

vehicles.

Parking of other

vehicles.

XI. GENERAL MEETINGS

( A ) First General Meeting

84. The First General Body meeting of the Promoters, who have signed the

Application for Registration of the Society, shall be held within the period

of three months of the date of the registration of the Society, as provided

under Rule 59 of the Rules. It shall be the responsibility of the Chief

Promoter Society to convene First General Body meeting within the stipulated

period.

85. On failure of the Chief Promoter of the Society to hold the First General

Body meeting within the period mentioned in bye-law no 86, the

Registering Authority shall cause it to be convened.

86. Clear fourteen days Notice of the First General Body Meeting of the

Society shall be given by the Chief Promoter of the Society or as the case

may be, by the Officer Authorized by the Registering Authority, to all the

promoters, who have signed the application for Registration of the Society.

87.

a. At the First General Body Meeting of the Society, the following

business shall be transacted :

i. Election of a President for the meeting,

ii. Admission of new Members (other than the promoters) who have

applied for Membership of the Society.

iii. Receiving and Approving the Statement of Accounts, as prepared by

the Chief Promoter of the Society, as on fourteen days prior to the

date of the First General Meeting of the Society ( ie: as on the Date of

Notice ).

iv. Constitution of a Provisional Committee until regular elections are held

under bye-laws of the Society. The Provisional Committee shall have

the all powers and functions as that of the Committee elected in

accordance with the Act, Rules & Bye-laws.

v. Fixing the limit up to which funds may be borrowed.

vi. Authorising the Committee to secure conveyance of the right, title and

interest in the property in the name of the Society, from the Promoter

Builder,

vii. Appoint internal Auditor of the Society for the year, if necessary and fix

his remuneration.

viii. Authorise One of the Members of the Provisional Committee to call

the first meeting of the Provisional Committee,

ix. Consider affiliation of the Society as Member of the Housing

Federation of the District and other institutions mentioned in bye-law

no. 6,

x. Consider any other matter to be brought before the meeting with the

permission of the Chair, excepting those requiring proper notice.

(IN ADDITION FOLLOWING ARE APPLICABLE FOR

PLOT-PURCHASED TYPE SOCIETY)

xi. To review and approve the Report of the Chief Promoter of the

Society regarding the work done and proposed to be done with

reference to the financial and physical aspects of the scheme of

construction.

Holding of the first

General Meeting within

the stipulated period.

Calling the first general

meeting by the

Registering Authority.

Period of notice for the

first general meeting

Functions of the first

General Meeting

xii. To confirm the agreement for purchase of the plot/building for the

Society entered into by the Chief Promoter of the Society with the

vendors.

xiii. To approve the site plan and the scheme of construction.

xiv. To confirm the appointment of Architect of the Society made by the

Chief Promoter of the Society or to appoint an Architect if no such

appointment is made by the Chief Promoter of the Society or -to

appoint a new architect in place of the one already appointed.

b. Where the First General Meeting fails to elect a Provisional Committee, the

Registering Authority shall be competent to Nominate such a Committee,

including the Chairman and the Secretary of the Society for a period of one

year.

88. The person, who presides over the First General Meeting shall record the

Minutes of the Meeting, sign them and hand them over to the Secretary of the

Society elected at the first meeting of the Provisional Committee or nominated

by the Registration Authority under the bye-law no. 87(b).

89. The Chief Promoter of the Society shall, immediately after election of the

Office Bearers of the Society, at the first meeting of the Provisional Committee

or its nomination by the Registering Authority under the bye-law no. 87(b), hand

over to the Chairman of the Society or any Member of the Provisional

Committee authorised by it on that behalf :-

a. all records of the Society, particularly the copy of the application for

registration of the Society, received back from the Registering Authority,

b. the copy of the by-laws of the Society registered by the Registering

Authority,

c. the certificate of registration of the Society,

d. the challans for amounts credited into the bank,

e. the counterfoils of the used cheques and the unused cheques, forms

f. the bank pass books,

g. the copies of all the agreements entered into by him with different parties,

h. the statement of accounts as prepared by him,

i. the applications for Membership,

j. the statement of information of the promoters,

k. the vouchers for amounts expended,

l. the cash balance, if any,

m. the site plan/ the scheme of construction (for plot purchase type)

n. the minutes of the first general meeting of the Society,

o. the files of the correspondence with the Registering Authority, the Local

Authority,

p. and all such other records, also in digital form and assets of the Society

as are in his possession, not withholding anything with him.

q. prepare a documents handover report

90. The Provisional Committee or the Nominated Committee shall have the all

powers and functions as the committee duly elected in accordance with the Act,

Rules & Bye-laws of the Society.

91. The Provisional Committee or the Nominated Committee shall be in office for a

period of one year or until the regular elections are held under the Bye-laws of

the Society.

92. The Chairman of the Provisional Committee or the Nominated Committee shall

handover charge of all the assets and documents & papers of the Society to

the' Chairman of the newly elected Committee at the time of its first meeting,

Nomination of a

provisional

committee by the

Registering

Authority.

Recording of

minutes at the first

General Mmeeting.

Handing over

records by the

Chief Promoter of

theSociety.

Powers of the

Provisional

Committee.

Handing over

charge by the

Provisional

Committee.

leaving nothing with him/them including the record mentioned under bye-law

no. 89.

( B ) Annual General Body Meetings

93.

a. The Annual General Body Meeting of the Society shall be held on or before

30th September each year as provided under Section 75(1) of the Act. (as

there is no provision for extension of time to hold AGBM )

b. In case of default in calling the Annual General Body Meeting as stipulated

in bye-law 93(a) above, shall attract disqualification and action as provided

under section 75(5) of the Act.

94. The Annual General Body Meeting of the Society shall transact the following

business :

a. to read the minutes of the last annual General Body Meeting of the Society

and the Special General Body Meeting of the Society, if any, and to note the

action taken thereon,

b. to receive from the committee, the Annual Report of its activities on the

preceding co-operative years working, together with the statement of

accounts in form 'N' prescribed under Rule 62(1) of the Rules, showing the

Income And Expenditure during the preceding cooperative year and the

Balance Sheet as at the close of the preceding co-operative year.

c. to consider Audit Report, received from the Auditor appointed as provided in

section 75(2A) of the Act for the previous co-operative year ,

d. to receive from committee the Audit Rectification Report and Action taken

thereon

e. to place Annual Budget for the next Financial Year for consideration.

f. to appoint an Auditor, for the Audit, from the panel approved by State

Government.

g. to receive from the Committee the Annual Return as stipulated in section

75(2) & 95 (1b)

h. to consider any other matters, specifically requiring decisions, concurrence or

sanction of the General Body Meeting of the Society, by virtue of the

provisions in the Act, Rules and the Bye-laws of the Society,

i. to consider any important communications received from the Registering

Authority, the Statutory Auditor, Government, Collector, Local Authority or any

other Competent Authority.

j. to declare date and conduct of election of its Committee when due,

k. to consider any other matter, with the permission of the Chair, excepting

those requiring proper notice, after the regular agenda is over and which are

permitted under the provision of the Act, Rules & Bye-laws..

( C ) Special General Body Meetings

95. A Special General Body Meeting of the Society may be called at any time at the

instance of the Chairman or by the decision of the majority of the Committee

and shall be called within one month of the date of the receipt or requisition, in

writing signed by at least 1/5th of the Members of the Society or from the

Registering Authority or from the Housing Federation, to which the Society is

affiliated. The meeting so convened shall not transact any business, other than

that mentioned in the Notice of the Meeting, fixing date, time and place for a

Special General Body Meeting requisitioned.

Holding of AGM

Meeting

When a special

general body

meeting should be

convened.

Functions of the

annual general body

meeting of the

Society.

96. The requisition for the special general body meeting of the Society, under the

bye-law no. 95 shall be placed within 7 days of its receipt, before the Meeting of

the Committee, by the Secretary of the Society, for fixing the date, time and

place for the Special General Body Meeting of the Society.

97. The committee shall decide the date, time and place of every General

Body Meeting of the Society and the business to be transacted thereat;

provided that the business to be transacted at the requisitioned Special General

Body Meeting shall be only that mentioned in the requisition. The notice

convening the General Body Meeting shall be issued by the Secretary of the

Society as provided in Bye-law no. 161. On his failure to issue the notice, the

Chairman shall issue it.

98. In case of the Annual General Body Meeting, 14 clear day's Notice and in

the case of the special general body meeting, 5 clear day's notice of the

meeting shall be given to all the Members of the Society, as provided under

Bye-law No. 161, under intimation to the Federation and to the Registering

Authority. In case of an emergency, the Special General Body Meeting may be

called even at a shorter notice, if the Committee unanimously decides to call

the Special General Body Meeting at a shorter notice. The Agenda of such

emergency meeting and the reasons of emergency for which the meeting is

called shall be communicated in writing to all the Members. Also the decision of

such meeting shall be communicated in writing to all the Members, within two

days of such meeting.

99. The quorum for every general body meeting of the Society shall be

2/3rd of the total number of Members of the Society or 20, whichever is less.

100. If within half an hour after the time appointed for general body meeting of

the Society, there is no quorum, the meeting, if convened upon the requisition

of the Members, shall be dissolved. In any other case, it shall be adjourned to a

later hour on the same day and at the same place, as may have been specified

in the notice, calling the general body meeting of the Society or to a subsequent

date, not earlier than 7 days and not later than 30 days and at such adjourned

general body meeting, the business on the agenda of the original general body

meeting shall be transacted, whether there is requisite quorum or not.

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MCS MAHARASHTRA COOPERATIVE HOUSING SOCIETY MODEL BYE LAWS 1 TO 100

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