MCS MAHARASHTRA COOPERATIVE HOUSING SOCIETY BYE LAWS 101 TO END

MCS BYE LAWS CONTINUED FROM PREVIOUS POST 101 TO END

101.If all the business on the agenda of the General Body Meeting of the Society

cannot be transacted on the day on which the General Body Meeting is

convened, the meeting shall be postponed to any other suitable date as may be

decided by the Members present at the meeting, however not later than 30

days from the date of the meeting.

102. The Chairman of the Society shall preside over all General Body Meetings

of the Society, in case if the Chairman is absent or if present and is unwilling to

preside, the Members present may elect a person from amongst themselves to

preside over the meeting.

103.No proxy or a holder of power of attorney or letter of authority shall be eligible

to attend a General Body Meeting of the Society on behalf of a Member of the

Society.

104.Voting right of a Member and the Associate Member of the Society shall be

regulated in accordance with the provisions of Section 27 of the Act.

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

Society and in his absence, his Associate Member shall have one vote only. In

Notice of a General

Body Meeting.

Period of notice of a

general body

meeting.

Quorum for the General

Body Meeting.

Holding of the

adjourned General

Body Meeting.

Chairman of the

Society to

preside

over all General

Body Meetings.

Restrictions

onattending a

generalbody meeting

by aproxy.

Voting right of a

Member.

One Member

One vote.

case of equality of votes, the Chairman of the meeting shall have a casting

vote.

106.Unless otherwise specifically provided under the Act, the Rules and the

Bye-laws of the Society, all questions at a General Body Meeting of the

Society shall be decided by a simple majority of Members present and

voting at the meeting.

107.The committee shall finalise the draft minutes of every general body meeting

of the Society within 3 months of the date of the meeting and circulate the draft

minutes amongst all the Members of the Society within 15 days of the meeting

of the Committee at which the draft minutes were finalised. The Members of

the Society may communicate to the Secretary of the Society, their

observations, if any, on the draft minutes, within 15 days of the date of their

circulation. The Committee, at its subsequent meeting, shall prepare the final

minutes of the general body meeting after taking into consideration the

observations, if any, made by the Members on the draft minutes and cause

them to be recorded in the minutes book, by the Secretary of the Society or any

other person authorised in that behalf.

108.No resolution can be brought at a General Body Meeting of the Society,

cancelling its previous resolution, unless six clear months have elapsed,

after passing of the previous resolution.

X I I . MANAGEMENT OF THE AFFAIRS OF THE SOCIETY

109.Subjects to the provisions of the Act, the Rules and the Bye-laws of the

Society, the final authority of the Society shall vest in its General Body

Meeting, summoned in such manner as is specified in these Bye-laws.

110.The Management of the affairs of the Society shall vest in the Committee

duly constituted in accordance with the provisions of the Act, the Rules and

the Bye-lawsof the Society.

111.Subject to the direction given or regulation made by a Meeting of The

General Body of the Society, the Committee shall exercise all powers,

expressly conferred on it and discharge all functions entrusted to it under the

bye-law No. 137.

112.A Banking Account shall be opened by the Society in the nearest State or

District Central Co-op Bank / a Scheduled Bank having awarded “ A “ Audit

Class in last three consecutive years, , Nationalised Bank, and in any other

mode permitted by general or special order of the State Government, as

provided under section 70 of the Act and the account shall be operated upon

and all acquaintances and discharges shall be signed by the Secretary jointly

with the Chairman or Treasurer.

113.The Committee shall consist of *11 / 13 / 15 / 17 / 19 Members of the Society.

This strength includes the reservation of seats as provided under section 73B

and 73C of the Act.

Note: *The strength of the managing committee and strength of the quorum for

conducting the meeting would be as under:-

How decisions shall

be taken.

Recording of the

minutes of the

general body

meetings.

Cancellation of the

previous resolution of

the general body

meeting.

General body

meeting to be the

supreme authority.

Management of the

Society to vest in the

Committee.

Exercise of powers

by the Committee

Opening of

Banking

Account. and

Investment of

Funds

Strength of the

Committee.

No of Members

of the Society

Strength of the Managing Committee

Quorum for

General Meeting *

Reserved

Total

Women SC/ST OBC VJ/NT/SBC

Upto100 6 2 1 1 1 11 6

101 to 200 8 2 1 1 1 13 7

201 to 300 10 2 1 1 1 15 8

301 to 500 12 2 1 1 1 17 9

501 and above 14 2 1 1 1 19 10

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

Members

114.

a. Election of all the Members of the Committee shall be held once in 5 years,

before the expiry of its term, in accordance with the provisions of Sec 73- CB

of the Act and the Rules / procedure framed there under. It shall be the duty

of the Committee to intimate to the State Election Authority for holding of its

election before expiry of its term. On failure the Committee Members shall

cease to hold office after expiry of its term, and attract action by the Registrar

under section 77 A.

b. The Committee of the Society may co-opt two “Expert Directors” relating to

the objects and activities under taken by the Society..The number of such

co-opted Members shall not exceed two in addition to the strength of the

committee as provided in bye-laws No. 113., such co-opted Members shall

not have the right to vote in any election of the Society in their capacity as

such Member or to be eligible to be elected as office bearers of the

committee.

c. The Committee of the Society may co-opt two “Functional Directors”, such

Members shall be excluded for the purposes of counting the total numbers of

the committee and shall have no right to vote.

d. In respect of housing society having contribution of the Government towards

its share capital, then the members of the committee shall include two

officers of the Government nominated by the State Government, which shall

be in addition to the number of members specified as above, and as

provided under section 73 AAA of the Act.

e. The Election of the Society shall be conducted by the State Cooperative

Election Authority under section 73CB

115. No Officer of the Society shall have any interest, directly or indirectly,

otherwise than as such officer: ( a ) In any contract made with the Society.( b )

In any property sold or purchased by the Society. ( c ) In any other transaction

of the Society, except as investment made in or loan taken from the Society for

provision of residential accommodation by the Society to any paid employee of

the Society.

116. No person shall be eligible for being elected as a Member of the Committee

or co-opted on it, if :

Election of the

Committee.

Prohibition against

being interested in

the Society

a. he / she has been convicted of the offence, involving moral turpitude, unless

the period of six years has elapsed since his conviction ;

b. he / has defaults the payment of dues to the Society, within three months

from the date of service of notice in writing, served either by hand delivery or

by registered post, demanding the payment of dues ;

c. he /she has been held responsible under Section 79 / 88 / 147 of the Act or

has been held responsible for the payment of the costs of enquiry under

Section 85 of the Act ;

d. In case of an Associate Member, non-submission of the no-objection

certificate and undertaking, as prescribed under these bye-laws, by the

Member ;

e. he is not an Active Member ;

f. he has without previous permission in writing has sublet his flat or part thereof

or given it on leave and license or care taker basis or has parted with its

possession in any other manner or has sold his shares and interest in the

society

117.In a General Election of Members of the Committee of a Society, on the

election of two-thirds or more number of Members, the Returning Officer or any

other Officer or Authority conducting such election shall within seven days after

the declaration of results of the election of such Members, the committee has,

for whatever reason, has not been so far constituted, forward their names

together with their permanent addresses to the Registrar, who shall, within

fifteen days from the date of receipt thereof by him, publish or cause to be

published such names and addresses by affixing a notice on the Notice Board

or at any prominent place in his office; and upon Constitution of the Committee

such publication, the Committee of the Society shall be deemed to be duly

constituted. In determining two-thirds of the number of Members, a fraction

shall be ignored.

118.

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

i. he has incurred any of the disqualifications mentioned under the byelaw

No. 116 or ;

ii. he has failed to attend any three consecutive monthly meetings of the

Committee, without leave of absence.

b. If a Member of the Committee attracts any of the disqualifications under

the bye-law no. 118 (1), the Committee shall record the fact in the minutes

of its meeting and the Secretary of the Society shall inform the Member

and Registrar accordingly. Such Member shall cease to be the Member of

Managing Committee on the order of the Registrar

119. No Member of the Committee shall be present at the consideration of any

matter, in which he is directly or indirectly interested.

120.The period of office of the Committee elected under the bye-law No. 114(a)

shall be for 5 years from the date of assuming the office.

121.

a. The first meeting of the newly elected jointly with outgoing Committee shall be

held within 30 days from the date of constitution of the new committee as per

bye-law No. 117 and the provisions of Section 73AAA.

Cessation of a

Member of the

Committee.

Intimation of

Cessation of

Membership of

the Committee.

Period of Office of

the elected

Committee.

First Meeting of

new committee.

b. Subject to the provisions of the bye-law No. 121(a) the Secretary of the

outgoing Committee shall issue notice of the first meeting to the Members of

the newly elected Committee and the outgoing Committee thereof. On the

failure of the Secretary of the outgoing Committee to convene the joint

meeting, the Chairman of the outgoing Committee shall call it. On the failure

of both, the Registration Authority may call such a meeting.

122. All records of the Society shall be kept at its premises, convenient to

the secretary, with the approval of the Committee of the Society.

123. When the new Committee is elected, the Secretary of the outgoing

committee shall prepare the list of papers and property of the Society in his

custody and hand over the charge thereof to the outgoing Chairman. The

retiring Chairman shall hand over the charge of the office of the Committee

and all papers and property of the Society, in his possession to the Chairman

of the new Committee, as per provisions contained in Section 160 of the MCS

Act 1960.

Note : The word ‘Paper’ used in this bye–laws and any other bye-laws shall

mean all and / or any items mentioned in the bye-laws nos.141 and 142, and

data / information in digital form

124.

a. Every Committee, at its first meeting, after its election shall elect

a Chairman, Secretary and Treasure from amongst the Members of the

Committee.

b. The Officer of the Society shall hold office for the period of 5

years from the date on which he is elected to be the Chairman as the

case may be the Secretary and Treasurer but not beyond the expiry of

term of the Committee.

Provided that he shall cease to be the Officer, if the motion of No

Confidence is moved in the special meeting of the Committee called and

presided by the Registrar or such officer not below the rank of a Assistant

Registrar upon the notice given by 1/3rd Members of the Committee and

the motion of No confidence is passed by the 2/3rd Members present at

such meeting, who are entitled to vote at the election of such Chairman,

Secretary or Treasurer.

Provided further that another motion of No Confidence shall not be

brought against the Chairman or as the case may be the Secretary or

Treasurer of the Society unless the period of 6 months has elapsed from

the date of preceding motion of the No Confidence.

125.The Committee meeting shall be normally held in the premises of the Society.

The quorum for Committee Meeting shall be as mentioned in Bye-law No. 113.

It shall not be competent for the Committee to transact any business unless

there is the quorum at the time of consideration of every item on the agenda of

the meeting of the Committee.

126.

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

month.

b. in case of emergency, the Committee may place a resolutions and get the

same passed by the Committee Members, however the same be placed

before the next subsequent meeting.

Custody of the records

of the Society.

outgoing Chairman to

handover charge to

new Chairman

At the first meeting

New Committee to

.Election New Office

Bearers

Motion of no

confidence against

office bearers

127.The Committee may fill a casual vacancy on the Committee by nomination out

of a same class of Active Members in respect of which the casual vacancy has

arisen as per section 73 CB and as per the instruction issued by State Cooperative

Election Authority

128.The period of office of the co-opted Member of the Committee shall be

coterminous with tenure of Office of the Committee.

129.A Member of the Committee may, by a letter addressed to the Chairman

of the Society, resign his Membership of the committee. The resignation

shall be effective from the date it is accepted by the Committee or on

expiry or the period of one month from the date of the receipt of the letter

or resignation by the Chairman or the Secretary of the Society, whichever is

earlier.

130.

a. The Chairman of the Society may resign his office as Chairman by a

letter addressed to the Secretary of the Society;

b. The Secretary or Treasurer of the Society may resign his office as

Secretary or Treasurer by a letter addressed to the Chairman of the Society.

c. Chairman/Secretary/Treasurer’s resignation will be effective only after its

acceptance and handing over the charge to the newly elected

Chairman/Secretary/Treasurer, as the case may be.

d. The Committee may accept the resignation of the office of the

Chairman/Secretary/Treasurer only after it is satisfied that the Chairman or as

the case may be the Secretary or Treasurer of the Society has brought upto

date the work entrusted to him and has produced the entire papers and

property of the Society, in his possession, before the Committee.

e. In case entire committee intends to resign, the resignations of the committee

shall be placed before the General Body and such resignations shall be

effective from the date of acceptance of such resignations by the General

Body. This fact of acceptance of resignations of the entire Committee by the

General Body, shall be communicated to the Registrar by the outgoing

officers and Registrar may take necessary action as provided under section

77 A of the Act. However the existing Committee shall continue to carry on

with only routine functioning of the Society, till alternate arrangement is made

by the Registrar

131.The Secretary of the Society shall give 3 clear day’s notice of meetings of the

Committee to all the Members of the Committee which shall state the date, time

and place of the meeting and the business to be transacted there at, in

consultation with the Chairman of the Society. Where the Secretary of the

Society fails to issue such a notice and agenda of any meeting of the

Committee, the Chairman of the Society shall issue it. If the Chairman and the

Secretary of the Society fail to issue a notice and agenda of any meeting of the

Committee, the concerned Housing Federation, of which Society is affiliated, on

its receipt of such information and request may call such a meeting.

132.The Chairman of the Society shall preside over all the meetings of the

Committee, provided that if at any meeting of the Committee, he is absent,

those Members of the Committee present shall elect one of them to be the

Chairman, for that occasion, who shall preside over the meeting.

Resignation of office

bearers of the Society.

Resignation of

Committee Member of

the Society.

133.Every Member of the Committee shall have one vote. However in case of

equality of votes the chairman of the meeting will have a second or casting

vote. All decisions shall be taken by majority of vote.

134.On a requisition by 1/3rd of the Members of the committee, the Secretary of the

Society shall convene a special meeting of the Committee within 7 days of the

date of receipt of the requisition to discuss the matter mentioned in the

requisition to discuss the matter mentioned in the requisition. On the failure of

the Secretary of the Society to convene such a meeting within the time

stipulated the procedure laid down under the bye-laws No. 131 shall be

followed

135.The Secretary of the Society shall attend every meeting of the committee and

record its minutes and place the same for confirmation before the next meeting

of the committee, after the minutes are signed by the Secretary of the Society

and the chairman of the meeting in the absence of the Secretary the Chairman

of the Society shall make alternate arrangement for recording minutes of the

meeting.

136.The Members of the Committee shall be jointly and severally responsible for all

the decisions taken by the committee during its term relating to the business of

the Society. The Members of the committee shall be jointly and severally

responsible for all the acts and omissions detrimental to the interest of the

Society.

137.Subject to the bye - law 111 the Committee shall exercise the powers and

discharge the functions and duties as mentioned hereunder.

Sr.

no. Items of the powers, functions and duties

The bye-law no. under

which the Power,

Function or Duty falls

1. To consider acceptance of deposits from Members and

raising of funds 11

2. To consider and recommend to the meeting of the general

body, the rates of contribution 13 (a) and 13 (c)

To consider all matter relating to the creation, investment

and utilization of the Repairs & maintenance, Reserve

Fund and Sinking Fund.

12(i) and (ii) 14

(a) (b) and (c) 15

4. To consider and decide the resignations received form

Member, Associate Members & Nominal Members. 27 to 30

5. To ensure that nomination and revocations thereof are

recorded in the minutes of the committee. 32

6. To take action on the report of the Secretary on inspection

of the Flats. 46 (b)

7. To take action on cases of cessation of Membership,

including associate and nominal Membership 58

8. To consider and decide the applications for various

purposes received by the Society 62

To Consider and decide cases of refund of shares and

interest in the capital/ property of the Society where the

shares and interest in the capital / property are acquired

by the Society

10. To fix the rate of insurance premium in respect of

commercial use of flats. 66 a) (xi)

11. To fix in respect of every flat the Society's charges on the

basis of the proportion laid down under the bye-law 69 (a) 66 (b)

12.

To review the position of recovery of the charges due to

the Society from Members and to initiate action against

defaulted charges of the Society

13. To verify compliance of the provisions relating to charging

of interest in defaulted charges of the Society 69

14.

To authorise a Member of the Committee to attest deed of

conveyance, share certificates and any other documents

to which the seal of the Society is affixed.

15. To issue letters of allotment of flats to those who have

purchased flats from the Promoter (Builder) 74

16. To make available papers of the Society for perusal if

asked for by the Members 23

17. To ensure holding of every annual meeting of the general

body are kept on the agenda of the meeting 93

18.

To ensure that all matters required to be considered at an

annual meeting of the general body are kept on the

agenda of the meeting

19. To call a special meeting of the general body when

required 95

20.

To arrange for election of a new

Committee prior to the expiry of the period of the existing

committee

114

21. To ensure that after elections new committee is duly

constituted 117

22. To elect office - bearers of the Society 124

23. To ensure that a meeting of the committee is held once in

a month 126

24. to fill in vacancies of the Committee 127

25. To consider resignation of a Member of the committee 129

26. To consider resignation of an office bearer of the Society 130

27. To obtain securities form the paid employees of the

Society 146

28.

To approve the audit rectification reports of statutory and

internal audits and to forward them to the authorities

concerned

152

29. To execute deed of conveyance of the land and building /

buildings thereon. 153

30. To take steps to maintain the property of the Society in

good condition and to carry out repairs to it and renewals

thereof.

154 and 157

31. To Insure the property of the Society 159

32.

To suggest to the general body meeting the rates of

penalties for breaches of bye-laws and to issue show

cause notices

164

33 To regulate operation of the lift of the Society 166

34 To suggest to the meeting of the general body the games

to be allowed to be played in the compound of the Society

167

To consider and decide any other matters provided under

the MCS Act 1960, the MCS Rules 1961 and the Bye-laws

of the Society,

but not expressly indicated hereinabove

76 to 83

36 To regulate parking in the Society. 77 to 83

37 To ensure that the Society is affiliated to Housing

Federation and its subscription is regularly paid. 6

To take the decision on the complaint application in the

Managing Committee Meeting and inform the concerned

Member of its decision accordingly.

172

39 To enter into contract with the Architect of the Society. 156 (f)

To scrutinize the tenders, received for construction work

and to submit the same along with Committee's report to

the meeting of the General Body and to enter into contract

with the contractor.

156 (i)

138.The Chairman of the Society shall have the power of overall superintendence,

control and guidance in respect of management of the affairs of the Society

within the frame-work of the MCS Act 1960. Rule 1961 and the Bye-laws of the

Society. In case of any emergency, the chairman of the Society may be

competent to exercise any of the powers of the committee. However, while

doing so he shall record the reasons thereof in writing Any decision, so taken

by the chairman of the Society shall be got ratified in the next meeting of the

Committee.

139.The functions of the Secretary of the Society shall be those mentioned

below :

Sr.

no Items of the Powers, Functions and Duties

The Bye-law no. under

which the Power,

Function or Duty falls

1 To issue share certificate to Members within the stipulated

period and the prescribed manner 9 & 10

2 To deal with resignations from Members including

associate and nominal Members 27 to 30

3 To enter nominations and revocations thereof in the

Nominations Register. 31

4 To inspect the property of the Society. 46 (a)

5 To issue notices regarding repairs to be carried out in flats. 46 (b)(C)

6 To deal with cases of expulsion of Members. 48 to 53

7 To deal with cases of cessation of Membership including

associate and nominal Membership. 54

8 To deal with the applications for various purposes received

by the Society. 63

9 To prepare and issue demand notices/bills for payment to

the Society's charges. 68

10 To bring cases of defaults in payment of the Society's

charges to the notice of the Committee. 69

11 To issue letter of allotment of flats. 76 (a)

12 To issue notices and agenda of all meetings of the general

body. 97

13 To record the minutes of all the meetings of the general

body. 107

14 To call the first meeting of the newly constituted committee. 121(b)

15 To issue notices of all the meetings of the Committee. 131

16 To attend meetings of the Committee and to record minutes

thereof 135

17 To attend meeting accounts books, register and other

records, unless otherwise decided by the committee. 142

18 To finalize account of the Society in the required manner 145 (b)

To produce records of the Society before different authority

concerned with the working of the Society with the consent

of the Chairman.

151

20 to prepare the audit rectification reports in respect of audit

memos received from the Statutory and internal Auditors. 152

21 To bring breaches of the Bye-laws by the Members of their

notices under instructions from the committee and

Penalties there to.

164

22 To discharge such other functions under the MCS Act 1960

the MCS Rules 1961 and the Bye-laws of the general body

meetings, as are not expressly mentioned hereinabove.

23 To place the complaint application with facts before the

committee, in the coming meeting. 174

XIII . MAINTENANCE OF ACCOUNT BOOKS AND REGISTERS

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

Registers.

1. The Register of Members in "I" form prescribed under Rule 32 of the MCS

rules 1961.

2. The List of Members in 'J' form prescribed under Rule 33 of the MCS rules

1961.

3. The Cash Book,

4. The Genera! Ledger,

5. The Personal Ledger.

6. The Sinking Fund Register.

7. The Audit Rectification Register in 'O' form, prescribed under the MCS

rules 1961.

8. The Investment Register.

9. The Nomination Register.

10. The Society / Members Loan Register/Mortgage Register.

11. The Minutes Book for the meetings of the Committee of the Society.

12. The Minutes Book for the meetings of the General Body of the Society.

13. The Property register and furniture, fixtures and office

equipment.

14. The Structural and Fire Audit Register and Lift Inspection

Record

15. The Register of Nominal Members (Tenant occupant)

16. The Register for Active Members

141.The Society shall maintain separate files for the following subjects :

i. Applications for Membership.

ii. Applications for nominal / Associate Membership

iii. Letters of resignations of Membership including associate and

iv. Nominal Membership.

v. Applications for transfer of shares and/or interest in the

vi. Capital /property of the Society.

vii. Cases of expulsion of Members.

viii. Nominations made by Members including revocations thereof.

ix. Separate file for correspondence entered into with each Member.

x. Correspondence with the Co-Operative Registrar.

xi. Correspondence on Property Taxes including Non-agricultural taxes.

xii. Correspondence on common electric supply.

xiii. Correspondence about Conveyance of the property.

xiv. All Types of Agreements, with papers connected thereto.

xv. Approved plans of construction and correspondence thereon.

xvi. Applications tor allotment of parking spaces.

xvii. Vouchers, along with the bills relating thereto arranged in order of entries

in the cash book and the journal.

xviii. Counterfoils of challans for credits of amounts into the bank, arranged in

order of dates of credits.

xix. Counterfoils of cheques issued.

xx. Counterfoils of share certificates.

xxi. Applications for duplicate share certificates.

xxii. Application for registration of the Society, the copy of the bye-laws and

amendments thereto.

xxiii. A certificate of registration fully framed.

xxiv. Counterfoils of receipts or carbon copies of receipts issued by the Society.

xxv. Counterfoils of bills or carbon copies of bills for the Society's charges.

xxvi. Correspondence about loan received and property of the Society

mortgaged.

xxvii. Notices and Agenda of the Meetings of the Committee and general body

of the Society.

xxviii. Periodical statements of Accounts prepared by the Society.

xxix. Committee's annual reports on the working of the Society.

xxx. Audit memos received from the Statutory Auditors, with rectification

reports thereon.

xxxi. Audit reports received from Internal Auditors, with rectification reports

thereon.

xxxii. Papers pertaining to the election of the Committee.

xxxiii. Complaint from Members and correspondence thereof.

Note: The Society shall also maintain separate files relating to other

subjects not expressly indicated above.

142.Unless otherwise decided by the Committee, it shall be the responsibility of the

Secretary of the Society to maintain and keep uptodate the Account Books,

Registers and other Records mentioned under the bye-laws Nos. 140 and 141.

143.The Secretary of the Society or the paid employee, authorised by the

Committee in that behalf, may retain in his personal custody, at the close of

every day, a sum, not exceeding Rs. 5,000 (Rupees Five Thousand only),for

petty expenses. If due to unavoidable circumstances, the cash in hand has

exceeded the above limit, the excess cash shall be credited into the bank within

the next three days by the Secretary or any other person authorised by the

Committee to keep cash in hand.

144. All payments in excess of Rs.1500/- (Rupees Fifteen Hundred) shall be

made by means of crossed a/c payee's cheques.

145.

a. Within 45 days of the close of every co-operative year, the Secretary of

the Society or any other person, authorised by the Committee in that

behalf, shall finalise the accounts of the preceding co-operative year,

prepare the Receipts and Payments Statement, the Income and

Expenditure Statement for the said year and the Balance Sheet as at the

close of the said year in the forms prescribed under Rule 62(i) of MCS

Rules 1961alongwith the list of Active Members and Non-Active Members

as at the close of the preceding co-operative year, with amounts to their

credit in the share capital account and deposits, if any, the schedules of

investments, the debtors, the creditors, the furniture, the fixtures and the

office equipments etc.

b. The Society shall prepare and file Annual Returns as prescribed in the Act

& the Rules. The Society shall file Annual Returns on or before 30th

September of every year with the Registrar including the following

matters, namelyi.

Annual Reports of Societies activities.

ii. Societies Audited Statement of Accounts;

iii. Plans for surplus disposal as approved by the General Body of the

Society;

iv. List of amendments to the Byelaws of the Society, if any;

v. Declaration regarding date of holding of its General Body Meeting and

conduct of elections when due;

vi. Any other information required by the Registrar in pursuance of any of

the provisions of the Act.

vii. List of Active and Non-Active Members.

viii. Every Society shall also file a Return regarding the name of the

Auditor or Auditing Firm from a Panel Approved by a State

Government in this behalf, appointed in the General Body Meeting

together with his written consent within a period of one month from the

date of Annual General Body Meeting.

ix. If the Society fails to intimate and file the Returns as provided by

section 75(2A) and section 79(1B), the Registrar may cause Societies

accounts to be audited by appointing an Auditor from the panel of

Auditors.

146. Every paid employee, holding any office in the Society and handling cash

and/or securities of the Society, shall furnish such security, as is provided under

Rule 107B of the MCS Rules 1961.

XIV. APPROPRIATION OF PROFITS

147.

a. After providing for the interest upon any loans and deposits and after making

such other deductions as required under Section 65(1) and 66 of the MCS Act

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

profit of all the business carried on by or on account of the Society, shall be

placed at the credit of the Reserve Fund of the Society.

b. The remaining seventy five percent (75%) of the net profit of the Society shall

be utilised as provided under Rule 50, 51, 52, 53 of MCS Rule 1961.

i. To pay dividend not exceeding 15 percent per annum, upon the paid up

share capital at such rate as the Committee may recommend and the

Annual General Body Meeting may approve. The dividend on shares shall

be paid to the registered holders of such shares according to the books of

the Society as on the last day of the preceding co-operative year.

ii. To pay honorarium to office-bearers of the Society not exceeding fifteen

percent (15%) of the net surplus to reward them for the sacrifice of their

valuable time for the working of the Society or as decided by the General

Body Meeting

iii. To allocate to a Common Welfare Fund, such part of the profit as the

Annual Meeting of the General Body may determine, to be utilised in

furtherance of

iv. the objects specified in the bye-law No. 5(d).

v. The balance, if any, shall be carried forward or dealt with in such manner as

the Annual General Body Meeting, on the recommendations of the

Committee, may determine.

X V . TO WRITE OFF OF IRRECOVERABLE DUES.

148.Subject to the bye-law no. 149, the Society may write off Society's charges due

from the Members, the expenses incurred on recovery thereof and the

accumulated losses, which are certified as irrecoverable by the Statutory

Auditor, appointed under section 81 of the Act.

149.The amounts mentioned in the bye-law no. 148 shall not be written off unless:

a. the meeting of the General Body of the Society has given due sanction for

writing off the amounts;

b. the approval of the financing agency to the writing off of the amounts, if the

Society is indebted to it.

c. the approval of the Registering Authority is obtained.

Provided that, if the Society is affiliated to the District Central Cooperative

Bank or any other financing agency but is not indebted to it the

permission of the Bank or the financing agency is not necessary,

Provided further that, if the Society is classified as A or B at the last

Audit, no such permission of the Bank or the financing agency or the

Registering Authority is necessary, if there is sufficient balance in the Bad

Debt Fund, specially created for the purpose to cover the amount

proposed to be written off.

XVI. AUDIT OF ACCOUNTS OF THE SOCIETY

150.Appointment of Auditor.

a. The Society shall appoint the Statutory Auditor in its General Body

Meeting from the panel of Auditors approved by State Govt. and same

Statutory Auditor shall not be appointed for more than two consecutive

years. The Statutory Auditor shall submit his Audit Report as provided in

section 81 of the Act.

b. It shall be the responsibility of the Committee to get the Accounts Audited

within a period of six months from the closure of financial year and in any

case before issuance of Notice of the holding of the Annual General Body

Meeting.

c. The Remuneration of Auditors so appointed shall be decided by the

General Body Meeting of the Society.

d. The Society may, if it considers it necessary, appoint an internal Auditor,

to audit the accounts of the Society, at the Annual General Body Meeting

151.The Secretary of the Society shall produce or cause to be produced all the

books, registers, records before the Internal Auditor and the Statutory Auditor,

in the office of the Society or where the records are normally kept and furnish

such information as may be required by him for the conduct of the Audit of the

Accounts of the Society.

152.

a. On receipt of the audit reports from the Statutory and Internal Auditors, the

Secretary of the Society shall prepare draft audit rectification reports on the

objections raised and suggestions made, in the Audit rectification Report in

form '0' prescribed under Rule 73 of the MCS Rules 1961 and place the same

before the meeting of the Committee, held next after the date of the receipt of

the audit reports, for its approval. The Audit Rectification shall be done by the

Committee within three months from the date of audit report. The committee

shall submit Audit Rectification Report to the Registrar and the Annual

General Body Meeting of the Society.

b. If the Committee of the Society fails to submit Audit Rectification Report to the

Registrar and the Annual General Body Meeting, all the Members of the

Committee shall be deemed to have committed an Offence under section 146

of the Act and shall be liable for Penalty under section 147 of the Act.

XVII. CONVEYANCE / DEEMED CONVEYANCE OF THE

PROPERTY, AND REDEVELOPMENT AND

REPAIRS/MAINTAINCE OF THE PROPERTY

153.

a. The committee shall with the approval of General Body, take necessary

steps for Conveyance/Deemed Conveyance of the land/building/buildings in

favour of the Society.

b. The Committee shall examine, in consultation with the Advocate of the

Society, the Deed of the Conveyance/Deemed Conveyance of the land and

the building/buildings thereon and place the same before the Meeting of the

General Body of the Society for its approval.

c. On approval of the Draft Deed by the General Body Meeting of the Society,

the Committee shall execute it as per law.

154.It shall be the responsibility of the Committee to maintain the property of the

Society in good condition at all times and to redevelop the Society

buildings/property, if necessary, as per Government directives from time to time

and as per prevailing laws.

155.

a. The Secretary of the Society, on receipt of any complaints about the

maintenance of the property of the Society from any Members of the Society

or on his own motion, shall inspect the property of the Society(if necessary

along with technical expert appointed for the purpose), from time to time and

make the report to the Committee, stating the need of the repairs, if any,

considered necessary. The Committee shall consider the report made by the

Secretary of the Society and decide as to which of the repairs should be

carried out.

b. the Members of the Society shall allow access and cooperate in the

inspection of the premises for repairs & maintenance

156.

a. The Committee shall be competent to incur expenditure on the repairs and

maintenance of the Society's property once in a financial year, the onetime

expenditure does not exceed :

Upto 25 Members Rs. 25.000/-

26 to 50 Members Rs. 50,000/-

51 and above Upto Rs. 1,00,000/-

b. If one time expenditure on repairs and maintenance of the Society's property

exceeds the limit as mentioned under bye-law No. 156(a) prior sanction of the

meeting of the General Body of the Society shall be necessary.

c. The meeting of the General Body of the Society shall decide :

The limit upto which the expenditure on repairs and maintenance of the

property of the Society could be incurred by the Committee without calling for

tenders for the work. In respect of the work, the cost of which exceeds the

limit, so fixed, the Committee shall follow the procedure of inviting tenders,

placing them before the General Body Meeting for approval and entering into

contract with the Architect (if appointed) and the Contractor.

d. The appointment of An Architect : In respect of redevelopment of Society

buildings the procedure to be followed as per Government Resolutions (as

amended from time to time) and provisions in Architect Act 1972.

e. If no appointment of an Architect is made by the Promoter ,the meeting of the

General Body of the Society shall appoint an Architect on such terms and

conditions as it deems fit and as per the provisions of Architect Act 1972.

f. The Committee shall enter into the contract with the Architect, on the basis of

the terms and conditions approved at the meeting of the General Body of the

Society in that behalf as per the provisions of Architect Act 1972.

g. The Architect shall prepare the plans and estimate and feasibility report of the

construction of the building/buildings in consultation with the committee,

which shall place the same before the meeting of the General Body of the

Society. The Architect shall submit ,the plans as per the feasibility report of

the the of the construction of the building/buildings, approved by the meeting

of the General Body of the Society to the Local Authority for sanction as per

finally approved tenders.

h. As per procedure mentioned in redevelopment G.R. dated 03-01-2009 the

Committee shall invite tenders in consultation with the Architect appointed by

Society.

i. The Secretary shall open the tenders received by him in the meeting of the

Committee, which shall scrutinize them and prepare its report along with the

draft of the terms and conditions, in consultation with the Architect of the

Society and place the same before the meeting of the General Body for its

decision. After the approval of the General Body, the Committee shall then

enter into the contract with the Contractor.

j. The Contract deeds, entered into with the Architect of the Society and the

Contractor, shall provide a stipulation for settlement of the disputes arising out

of execution of the Contracts shall be referred to sole Arbitrator appointed by

the Society.

157.Subject to the provisions of the bye-law no. 156 , the Committee shall proceed

to carry out the construction, repairs and maintenance of the property of the

Society and Redevelopment of the Society buildings as per Govt Directives

from time to time It shall be the responsibility of the Committee till the

completion of the work and to see that the repairs and redevelopment of

Society buildings are carried out as per the provisions of the contract executed

by the Society.

158.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)

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 (xxvii) Wi-fi setup of the Society

b. All the repairs, not covered by the bye-law No. 158(a) shall be carried out by

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

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

to the Society.

159.

a. The Society shall insure its building/s necessarily against risk of natural

calamities, fire, flood, earthquake, third party liability and like

b. The managing Committee of each and every Housing Society shall chalk

out Emergency Planning Scheme, which include below mentioned details

in respect of the Society and the surrounding area. (1) Probability of

danger and analysis thereof. (2) Evaluation of risk in pursuance disaster

management. (3) Response Machinery eg. Police/Fire Brigade/Municipal

council etc.(4) Important Telephone Numbers.

i. Emergency Telephone Numbers of each and every Member.

ii. Telephone Numbers of the officers of the Government Machinery

concerned with the emergency management. The management

committee shall hold discussion with all the Members in the General

Body Meeting over the plan prepared as aforesaid and shall inform

about the same to the Members. The plan such prepared shall be

displayed on the Notice Board of the Society, and the same shall be

made up-to-date from time to time as per the requirement.

iii. As per the Child Labour Act 1986,it is prohibited to employ child

labours for house hold and other works. As per the provisions of the

said Act, if any person/Member is found to have employed child labour

for household work and other work then a punishment of

imprisonment of one year and a fine up to Rs. 20,000/- or both can be

awarded to him. The managing committee of the Society shall display

the said legal provision on the notice board and shall create

awareness in the minds ofall the Members for eradication of the said

evil, child labour practice.

a. The office bearers of the Society shall insure that no Member of

the Society/person /contractors has employed child labour and

shall make arrangement of informing the Labour Commissioner

Office that the Society is totally free from child labour practice.

b. If any Member/ person /contractors is found to have employed

child labour, the managing committee shall inform immediately to

the office of the Labour Commissioner or the nearest Police station

or the concerned voluntary organizations and shall inform to that

effect in writing to the office of Labour Commissioner.

iv. The managing committee of the Society shall take necessary

precaution to see that no injustice is done to any widow in the

cooperative housing Society after the death of a Member before

transferring the flat in her name. In such cases Society shall verify the

nomination form duly submitted by the deceased Member or

succession certificate /heirship certificate obtained from Civil Court

under the Indian Succession Act 1925 or Will of the deceased

Member duly probated by the Civil Court through the executor of the

will. After verifying and taking legal guidance Society then only can

take appropriate action within the time limit to avoid the further legal

complications. This procedure can be followed in all the cases after

the death of a Society Member.

160.No Member of the Society shall destroy, deface or cut down any trees in the

compound of the Society. Any action, any contravention of the above provision

may render the Member concerned liable for action.

XVIII. OTHER MISCELLANEOUS MATTERS

161.

a. It shall be open to the Society, having regard to the importance of the

matter and the specific provision made thereof under the MCS

Act1960, the MCS Rules1961 and the Bye-laws of the Society, to give

notice of every General body meeting and communicate the resolution

or the decision, to the Members of the Society on their last known

addresses, by one of the following modes:

i. Hand delivery,

ii. Dispatch through post office or by registered post, with or

without acknowledgement due, or by email.

b. A copy of such notice/communication of the decision/resolution shall

be displayed on the notice board of the Society and thereupon, the

notice shall be deemed to have been duly given or communication

shall be deemed to have been duly made and the complaints received

or made that the notice/communication was not received or was not

sent to the correct address shall not affect the validity of the notice or

the communication.

162.The accounting year of the Society shall be that commencing on 1st April and

ending on the 31st March of the subsequent year.

163.The Society shall have its Notice Board, fixed at a conspicuous part of the

building/s, on which shall be exhibited all notices and communications referred

to in the bye-law No.161 (a), the Statement of Accounts, the Annual Reports of

the Committee and other matters, of which Notices are required to be given to

all the Members of the Society under the MCS Act1960 and, the MCS

Rules1961 and the Bye-laws of the Society. If there is more than one building,

the similar Notice Board shall be fixed in all the buildings.

164.

a. The meeting of the General Body of the Society may prescribe penalties for

different breaches of the Bye-laws of the Society. The Secretary of the

Society, under instructions from the Committee, shall bring to the notice of the

Member concerned, the breach/breaches of the bye-law/bye-laws committed

by him. If the Member persists in continuing the breach/breaches, the

Committee shall give the notice to the Member to show cause as why the

penalty should not be inflicted on him for breach/breaches of the byelaw/byelaws.

The General Body Meeting, after considering the Say of the Member

and after giving him hearing, may levy penalty to the extent of maximum

consolidated penalty not exceeding Rs.5,000/- in any one financial year.

b. Save except other provision in the Act, the A.G.M / Special G.B.M. can

penalize a Member for committing breaches in his Responsibilities. Such

penalty should be reasonable and equal to all such erring Members.

A.G.M./Special G.B.M. is empowered to frame the penalty amount. The

managing committee shall recover such penalties with proper care.

165.No bye-law shall be made, altered or abrogated unless (i) a proposal to do so

has been communicated to all Members 14 days before the Meeting of the

General Body of the Society, at which it is proposed to be considered, and, (ii)

the resolution is passed by not less than 2/3rd majority of the Members present

and voting at the meeting of the General Body of the Society, and (iii) the

making, alteration or abrogation is Approved and Registered by the Registering

Authority.

166.The Committee shall regulate the operation of the lifts, solar water heaters

taking into consideration the convenience of the majority of the Members of the

Society.

167.The meeting of the General Body of the Society may, after taking into

consideration the location of the building or buildings of the Society and their

surroundings and the open space available for playing games by the Members

of the Society and their children, allow such games to be played during such

hours as may be fixed by the meeting of the General Body of the Society and

subject to such restrictions, charges and penalties as it may impose.

168.The Society shall not let out or give on leave and license basis or permit any

subletting, any open space available under the Staircases, Terraces/Open

ground/Lawns/Club house/ Common Hall etc. to any person whether the

Member of the Society or not, for any purpose whatsoever.

a. All open /common area meant for use of all Members for eg. staircase, steps,

landing areas, parking spaces, lift, corridor, and such other spaces, cannot be

occupied by any Member for his own use. The use of such areas shall be

restricted to the cause for which these are meant. Any Member found to be

violating the above condition by encroachment shall have to vacate the

encroachment and further he/she shall pay an amount equal to five times the

monthly maintenance charges per month for the period for which he/she has

encroached such spaces and further Members must not carry out any

constructions, structural changes over and above the sanctioned plan without

prior permission of the Society and Concerned Municipal Authorities /

Competent Authorities.

Also Members must use the flat /unit for purpose it was meant/sanctioned.

Any Member violating the above directives shall pay an amount equal to five

times the monthly maintenance charges, per month with retrospective effect for

the period for which such violation is existed.

169. Notwithstanding the provisions under the bye-law no. 168, the Committee

may allow temporary use of the terrace or available open space of the

Society's building by any Member, on his written application, for any function,

subject to such restrictions and on payment of such charges to the Society as

the meeting of the General Body of the Society may decide. The committee

may, with the previous permission of the Local Authority, if needed, allow

exhibition of advertisement boards on any part of the building including

terrace, on such terms and conditions as are approved by the General Body

Meeting any Member /Members want to install a solar energy water heating

systems or solar energy electrical system, then space shall be made available

to such Member/Members on the terrace as per availability.

The said systems may include

(i) Solar collector stand, hot water tank, cold water tank, stand for the

tank and hot water pipeline etc,

(ii) Solar Panels, battery, inverter charging controller, cabling etc. for solar

energy / electricity / photo voltaic devices / renewable energy devices

If any application requesting to provide space for solar / renewable

energy / energy efficiency devices is received, then it shall be

binding on the Society to allocate space thereof as per the

availability of the space in the Society’s premises.

170. The Member of the Society, requiring copies of the documents shall pay

copying fees and other charges at the rates mentioned against them :

1. Certified copy of the Approved Bye-laws of the Society Rs5/- per page

2. Amendment of the Bye-laws of the Society Rs 5/- per page

3. Last Audited Balance Sheet of the Society Rs 10/- per page

4. Application for Membership of the Society Rs.25/-

Second and Subsequent Nomination by the Member of

the Society

Rs100/-

6. Share Certificate of the Society(Duplicate) Rs 100/-

7. List of Members of the Society Rs 10/- per page

8. Correspondence / Documents (related to Member) Rs 10/- per page

Minutes of the General Body Meetings and Committee

Meetings Rs10/- per page

10. Indemnity Bond Rs20/-

11. Copy of Annual Returns and Periodicals Rs 10/- per page

12. List of Active Members Rs5/- per page

13. Any other document as per section 32 of the Act Rs5/- per page

XIX. REDRESSAL OF MEMBERS COMPLAINTS

171. Member/Members shall submit their complaint application to any of the

Office bearers of the Society, in writing, giving thereby the details of the

complaint.

172. After receipt of such, complaint application, the committee shall take decision

thereof, in the immediate next Managing Committee meeting. Such decision

shall be communicated to the concerned Member, within 15 days thereafter.

173. If the Member/Members are not satisfied by the decision of the Committee,

or does not receive any communication from the committee within 15 days,

the complainant Member may approach below mentioned Competent

Authority.

a. THE REGISTRAR

i. Complaints to be made to the Registrar. Matters pertaining to following

issues :-

ii. Registration of Society on Misrepresentation,

iii. Non-issuance of the Share Certificates,

iv. Refusal of Membership,

v. Non registration of Nomination by the Society,

vi. Non Occupancy charges,

vii. Demand of excess premium for transfers,

viii. Non supply of the copies of record and documents,

ix. Tampering, suppression and destruction of the records of the Society,

x. Non acceptance of the cheques or any other correspondence by the

committee.

xi. Non maintenance or incomplete maintenance of records and books of the

Society,

xii. Non preparation of the annual accounts/reports, within the prescribed

period,

xiii. Misappropriation/ Misapplication of the Funds of the Society,

xiv. Defaulter/Disqualified Member on the committee,

xv. Investment of Funds without prior permission of G.B.M.

xvi. Reconciliation of Accounts,

xvii. Audit, Audit Rectification reports.

xviii. Non conducting of election before expiry of the term of the Committee as

per law.

xix. Rejection of Nomination,

xx. Non convening of General Body meetings within prescribed period on or

before 30th September of each year

xxi. Non calling of Managing Committee meeting as prescribed in Bye-laws,

xxii. Resignation by the Committee,

xxiii. Any other like matters which falls within jurisdiction of the Registrar.

xxiv. Non filling of Returns and statements.

xxv. Classification as Active and Non-Active Members

b. CO-OPERATIVE COURT

Disputes between the Members and/or the Members and Society, which

falls under Section 91 of the MCS Act 1960 such as:-

Disputes pertaining to:-

i. Resolutions of the Managing Committee and General Body.

ii. The elections of the Managing Committee, except the Rejection of

Nominations, as provided under section 152-A of the MCS Act 1960.

iii. Repairs, including Major Repairs, Internal Repairs, Leakages,

iv. Parking,

v. Allotment of Flats/Plots,

vi. Escalation of Construction Cost,

vii. Appointment of Developer/Contractor, Architect,

viii. Unequal water-supply,

ix. Excess recovery of dues from the Members,

x. Any other, like, disputes which fall within jurisdiction of the Co-operative

Court.

c. CIVIL COURT

Disputes pertaining to :-

i. Noncompliance of the terms and conditions of the Agreement, by and

between the Builder/developer, (specific performance)

ii. Substandard Constructions,

iii. Conveyance Deed in favour of the Society,

iv. Escalation of construction cost,

v. Any other, like, disputes which fall within jurisdiction of the Civil Court.

d. MUNICIPAL CORPORATION/LOCAL AUTHORITY

Matters pertaining to:-

i. Unauthorized constructions/additions/alterations, made by

builder/Member/ occupant of the flat,

ii. Inadequate Water supply to the Society and Members.

iii. Change of use by the Members/occupants,

iv. Building's structural problems.

v. Any other, like, matters which fall within jurisdiction of the Corporation/

local authority for eg. Property tax, streetlights, garbage, and other civil

amenities etc.

e. POLICE

Matters pertaining to :-

i. Nuisance carried by the Unauthorised user of the Flat / Shop / Parking

slot / Open space in the Society, by the Members, builder, occupants or

any other persons,

ii. Threatening / Assault by or to the Members of the Society and official

body.

iii. Any other like matters which fall within jurisdiction of the Police.

f. GENERAL BODY MEETING

Matters pertaining to :-

i. Non maintenance of the property of the Society by the Managing

Committee.

ii. Non display of Board of the name of the Society,

iii. Levy of excess Fine, by the Managing Committee for act of the Member

which is in violation of the Bye-laws.

iv. Not allowing the authenticated use of the available open spaces of the

Society, by the Managing Committee.

v. Non Insuring the property of the Society, by the Managing Committee,

vi. Appointment of Architect,

vii. All other like matters which fall within jurisdiction of the General Body.

Complaints made by the Member Societies of the federation

g. FEDERATION -DISTRICT / STATE

Matters pertaining to :-

i. Not allowing of the entry to the Secretary of the Society, by the Member.

ii. Non acceptance of any communication by the Member/ Managing

Committee.

iii. Convening Special General Body Meeting provided under the Bye-law

no. 95 and Managing Committee meeting provided under Bye-law no.

131. As per the directions given by concern Dist/Asst Registrars

iv. All other like matters as per the Byelaws provision of the federation.

XX - Regarding redevelopme n t o f b u i l d i n g s t h e

Co-opera t i ve Hou s i n g S o c i e t ies

174.

a. Redevelopments of the Property / Building of the Society including

vacant spaces shall be done strictly in accordance and confirmation

with the Directions issued by the Government of Maharashtra vide

Government Resolution no. CHS 2007/M.No. 554/14-S dated 03

January 2009, under section 79{A} of the Maharashtra Cooperative

Societies Act 1960 (as amended from time to time).

b. If the development Agreement is not executed with the developer in

that case, the Society after cancelling the same resolution, the Society

may appoint a new developer from the short list of approved

developer, and if it is not possible, fresh procedure can be initiated.

The Representative of the Registrar must be invited for the aforesaid

General Body Meeting and his attendance is compulsory.

c. In case of increase of membership on account of redevelopment the

Society shall increase the Authorised Share Capital and amend the

bye laws accordingly and the list of new members be submitted to the

Registrar for appropriate approvals

INDEX OF LIST OF APPENDIX WITH HOUSING SOCIETIES BYE LAWS

APPENDIX 1

The form of application for Membership of the Society by a Nominee/ Heir, who is a minor, through

his Guardian/ Legal Representative

APPENDIX – 2

The Form of application for membership of the Society by an individual

APPENDIX 3

A Form of undertaking to be furnished by the Prospective Member to use the flat for the purpose

for which it is purchased.

FORM NO. 4

A Form of undertaking to be furnished by the person, on whom the prospective Non Earning

Member is dependent for discharge of liabilities to the society.

APPENDIX5

The Form of application for Associate Membership by an Individual, Who desires to hold shares

jointly with Member , who is already admitted to membership of the Society

APPENDIX 6

The Form of application for Associate Membership by a Firm, or a Company or any other Body

Corporate with the person already admitted to membership of the Society.

APPENDIX 10A

No Objection Certificate and Undertaking from the Original Member to be submitted by the

Associate Member intending to be a Member of the Managing Committee of the Society

APPENDIX 11

The Form of application for Nominal Membership by the sub‐lettee the Licensee or the Caretaker

or Occupant

APPENDIX12

Form of Letter of Allotment of the flat to the member of the society

APPENDIX 13

The Form of Notice of Resignation of Membership of the society by a member

APPENDIX 14

FORM OF NOMINATION TO BE FURNISHED IN TRIPLICATE

APPENDIX 15

The Form of application for Membership by the Nominee/Nominees

APPENDIX16

The Form of Notice, inviting claims or objections to the transfer of the shares and the interest of

the Deceased Member in the Capital/ Property of the society.

APPENDIX18

FORM OF INDEMNITY BOND,

APPENDIX19

FORM OF INDEMNITY BOND

APPENDIX 20

(2)

A form of the letter of consent of the proposed Transferee for the transfer of the shares and

interest of the member (Transferor) to him ( Transferee).

APPENDIX 20

(I)

A form of Notice of, intention of a member to transfer his shares and Interest in the capita!

/property of the Society.

APPENDIX NO. 21

Form of application for transfer of shares and interest in the capital/ property of the society by the

transferor (being an individual)

APPENDIX NO.22

Form of application for transfer of shares and interest in the capital/ property of the society by the

transferor. (Being a Corporate Body)

FORM NO. 23

Form of application for membership of the society by the Proposed transferee. [being an individual]

APPENDIX NO. 24

Form of application for membership of the society by the proposed transferee (Being a Body

Corporate)

APPENDIX25(

A form of undertaking about the registration of the transfer of a flat under Section 269 AB of the

Income ‐ Tax Act.

APPENDIX 25(2)

Form of Undertaking about the registration of the acquisition of a flat under section 269 AB of the

Income‐Tax Act.)

APPENDIX 26

A form of intimation by the society to the transferee about exercise of rights of membership by

him.

APPENDIX 27

Form of application for permission to hold more than one flat.

APPENDIX 28

Form for filing Grievance by Member with the Registering Authority

APPENDIX - 1

[Under the Bye-law No. 17(b)]

The form of application for Membership of the Society by a Nominee/ Heir, who is a minor,

through his Guardian/ Legal Representative

To,

The Secretary

… ….. …… …. …… ….. Co-operative Housing Society Ltd.

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

Sir,

Shri/ Shrimati/ Messers …… …….. ……….. …….. who was the member of the….. ….. …… …….. ……..

Co-operative Housing Society Ltd., having address at ………. ……… ……… …………. holding ten

shares of Rs. Fifty each and the Flat No ……… ……… died on His/her death certificate is enclosed.

He/She had nominated Shri/Shrimati ………. ……… who is minor/ He had not made nomination. His/

Her heir Shri/ Shrimati ………. ………… is a minor.

I, Shri/Shrimati …………. ………. …………. being his/her natural guardian/ guardian appointed by the

deceased member/ legal representative hereby make an application on behalf of the said minor for

membership of the …………. ………. …………. Co-operative Housing Society Ltd., having address

at…………. ………. …………. …………. ………. …………. and for transfer of shares and interest of

the deceased member in the capital/ property of the society to me on behalf of the minor nominee/ heir

as provided under Rule 20 of the Maharashtra Co-operative Society Rules, 1961. The share certificate

held by the deceased member is enclosed.

An entrance fee of Rs. 100/- is sent herewith.

The particulars of the plot/ flat/ house in the area of operation of the society owned by the minor

nominee heir or any of the membership of the minor's family or the person dependent on the minor are

given below: -

no.

Name of the minor nominee or heir

of his/her family member or the

person dependent on the minor.

Particulars regarding plot/flat/

house owned by the minor nominee/heir or

any of the members of the minor's family

or the person dependent on the minor

Place where

plot/flat/house

situated

1 2 3 4

My particulars for the purpose of consideration of this application are as under:

Age :- …… …… …. …… ….

Occupation :- … … … …. …… …….

Office Address :- …… …… …. …… ….

Monthly Income :- …… …… …. …… ….

I undertake to discharge all the present and future liabilities to the society on behalf of the minor.

I hereby declare that there is no plot/ flat/ house in the area of operation of the society, of the ownership

of said minor person or his family member or the person dependent on him. As I have no independent

source of income, I enclose herewith undertaking from the person on whom I am dependent in the

prescribed form, to the effect that he will discharge all the present and future liability to society on my

behalf.

I enclose the undertaking in the prescribed form (Appendix - 3) to use the flat on behalf of the minor for

the purpose for which it was held/ acquired by the deceased member and that any change of user will

be made with prior approval of the society.

I enclose herewith an undertaking in prescribed form regarding sale of plot/ flat/ house of the minor

person or his family member of the person dependent on the minor person.

I also enclose herewith the undertaking in the prescribed form on behalf of the minor about registration

of the transfer of the flat to the minor's name through me under Section 269 AB of the Income - Tax Act

(Appendix - 26. )

I have gone through the registered bye-laws of the society and undertake to abide by the same with any

modification the Registering Authority may make in them.

I undertake to discharge all outstanding liabilities against the deceased member and also pay the

charges of the society in future on behalf of the minor.

I also hereby undertake to convey the property on the "attainment of age of majority" by the minor on

whose behalf I am holding membership. I also declare that I shall be ceased to hold the membership on

behalf of the said minor, as soon as he attains age of majority.

I declare that I will take all actions as a member of the society on behalf of the minor in his/ her interest

only.

On behalf of the minor, I request you to admit me as a member of the society.

Yours faithfully,

Place: Date :

(Nominee — Heir who is a minor)

(Through his Guardian / Legal Representative)

Note:

The undertaking about registration of the transfer of the flat is not necessary where the minor is related

to the deceased member within the meaning of Section 2(41) of the Income-Tax Act.

*Strike out whichever is not applicable.

APPENDIX – 2

[Under the Bye-law Nos. 19 (B) and 62 (v)]

The Form of application for membership of the Society by an individual

To,

The Chief Promoter/ Secretary

………… ………… …………. Co-operative Housing Society

Sir,

I, Shri/ Smt. …. ……. …… … ….. …… ……. hereby make an application for membership of the ….

……. …… … ….. …… ……. Co-operative Housing Society Ltd.,

I intend to settle down and reside in the area of operation of the Society.

My particulars for the purpose of consideration of this application are as under :

Age :

Occupation :

Monthly Income : Rs.

Office Address :

Residential Address :

I have purchased the flat No. …. ……. …… ……. in the building, named numbered as …. ……. ……

……. admeasuring …. ……. …… ……. sq. meters from the Promoters (Builders) or Shri / Shrimati /

Messrs…. ……. …… ……. under an agreement under Section 4 of the Ownership Flats, Act a copy of

which, duly attested is enclosed.

I declare that the said agreement is duly stamped as required under Bombay Stamp Act-19 as to

registration, the copy of which is enclosed.

I give below the particulars of the Plot/ flat/ house owned by me or by any of the members of my family

or the person dependent on me in the area of operation of the society :

Sr.

No.

Name of

the

person

Particulars of the plot / Flat / house

owned by the applicant or any of the

members of his family or the person

dependent in the area of operation of

the Society.

Location of

the plot/flat

house

Reason as to why it

is necessary to

have a flat in this

society.

1 2 3 4 5

I remit herewith a sum of Rs. 500 /- towards value of 10 shares of Rs. 50 each and Rs. 100 for entrance

fee.

I undertake to discharge all the present and future liabilities to the society.

As I have no independent source of income, I enclose herewith the undertaking, in the prescribed form

the person, on whom I am dependent to the effect that he will discharge all the present and future

liabilities to the society on my behalf.

I undertake to use the flat for the purpose for which it is purchased by me and that any change of user

will be made with the prior approval of the Society. An undertaking to that effect in the prescribed form is

enclose herewith.

I have gone through the registered Bye-law of the society and undertake to abide by the same and any

modification the Registering Authority may make in them.

I request you to please admit me as the member of the society.

Yours Faithfully,

( full name here )

Date :

Place :

Attested by,

Chief Promoters / Chairman

The expression “a member of family” means as defined under bye-law No. 3 (xxv).

APPENDIX -3

[Undertaking the Bye-laws Nos. 17(b) and 19(A)(iv)]

A Form of undertaking to be furnished by the Prospective Member to use the flat for the purpose for

which it is purchased.

I …… ……… …….. of …………, Indian Inhabitant, residing at …… ……… …….. Co-operative Housing

Society Ltd., …… …… …….. Mumbai …… ……… …….., intending member of the …… …… …….. Coop

Housing Society Limited having address at, …… ……… …….. Mumbai …… ……… …….. hereby

give the undertaking that I will use the Flat No. …… ……… …….. inherited by me, on demise of my late

husband Shri …… ……… …….. the earlier member, under the bye-laws of the society for the purpose

mentioned in the letter, which will be issued under bye-law No. 76(a) of the bye-laws of the society,

registered.

I further give the undertaking that no change of user will be made by me without the previous

permission, in writing of the committee of the society.

…… ……… ……..

(Signature)

Place : Mumbai

Date :------------

FORM NO. 4

[Under the Bye-law No. 19 (A) (v)]

A Form of undertaking to be furnished by the person, on whom the prospective Non Earning Member is

dependent for discharge of liabilities to the society.

To,

The Chief Promoter/ Secretary

…. ……..Co-operative Housing Society Limited.

…….. ……… ………..

Sir,

Shri/ Smt. …… …… …. has made an application for membership of the … …… … …… …… …. Co-operative Hous

Society Ltd having address at …… …… …., Mumbai …… …… .... He/ She has no independent source of income a

dependent on me. I therefore, undertake to discharge all the liabilities, present and future, payable by her/his on her/

admission to membership of the society on her/his behalf as communicated to me directly or through her/him from tim

to time, by the Society. On failure of such discharge in respect of dues, I shall also be liable for recovery u/s 101 of th

MSC Act 1960, along with the said member who is dependent on me.

My details are given below :-

1.Name :- Shri/ Smt. … …… …… …. … …… ….

2.My Residence Address :- … …… …. … …… …… …. … …… ….

3.My Office Address :- … …… …. … …… …… …. … …… ….

4.Contact details :- … …… …… ….… …… …… ….… Occupation :- … …… …… ….… …… …

….… ……

Name and Full Address of the employer :-

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

Monthly Income :-Rs… …… …… …./-

Place :-

Date :- Yours faithfully,

APPENDIX- 5

[Under the Bye -law Nos. 19B & 19C]

The Form of application for Associate Membership by an Individual, Who desires to hold shares jointly

with Member , who is already admitted to membership of the Society

To,

The Secretary,

…… …… … ….Co-op. Housing Society Ltd.,

address ... ... ... ... ...

Sir,

Shri/Shrimati ……. …….. ……… ……….. ……… Is already a member of the ……. …….. ………

……….. ……… Co- operative Housing Society Ltd., having address at……. …….. ……… ………..

……… holding ten fully paid shares of Rs. Fifty each.

He/ She desires Shri / Shrimati ……. …….. ……… ……….. ……… to join him /her as an

Associate member for the purpose of holding the shares jointly with the applicant Shri / Shrimati …….

…….. ……… ……….. ……… in respect of flat no .. .. ... in building name .. ... ... .......... ........ ..... in the

.... ..... .... Co- operative Housing Society Ltd

According, I make this application for admitting me the applicant as an Associate member to

Shri/Shrimati ……. …….. ……… ……….. ……… And remit herewith the entrance fee of Rs. 100.

I state that I have purchased / own property jointly with the First Member, being flat no ... ... ...

in the Society, vide registered deed / title documents no ... ... ... ... dt ... ... ..,

I state that do not jointly own or have joint title to the property with the above mentioned First

Member

On my/our admission as an Associate member by the society, we shall be jointly and severally

liable to discharge the present and future liabilities of the society.

The right of attending general body meeting and voting at them will ordinarily be exercised by

Shri/Shrimati ……. …….. ……… ……….. ……… whose name stands first in the share certificate. The

name of Shri/Shrimati ……. …….. ……… ……….. ……… shall stand second in the share certificate and

he/she (the Associate member) shall have no rights or privilege of a member, except attending general

body meeting of the society and voting at them, provided that the member whose name stands first in

the share certificate is absent at such meeting other than mentioned in section 27 of MCS Act, 1960.

I/We request you to admit me/us as an Associate member and include my name as an associate

member in the share certificate below the name of the first member.

The consent of the member for my/our admission as an Associate member is appended here

below.

Yours faithfully

(Signature of the applicant Whose name

to stand second or thereafter In the Share Certificate)

Place :-

Date :-

I, Shri/ Shrimati ……. …….. ……… ……….. ……… a member of the ……. …….. ……… ……….. ………

Co- operative Housing Society Ltd., having address at……. …….. ……… ……….. ……… and holding

ten paid up shares of Rupees fifty each recommend the application made by Shri/ Shrimati……. ……..

……… ……….. ……… for Associate membership of the Society for the purpose of holding the shares

jointly on terms and conditions set out in the above application. The name of Shri/ Shrimati……. ……..

……… ……….. ……… be added in the share certificate (enclose herewith), after my name. Signature of

the First Member

Place : Date:

APPENDIX 6

[Under the Bye-law No. 19(B)]

The Form of application for Associate Membership by a Firm, or a Company or any other Body

Corporate with the person already admitted to membership of the Society.

To,

The Secretary,

………………… Co-operative Housing Society Ltd.,

Sir,

Shri/ Shrimati … …… … …… …… …… …… is already a member of the …… …… Co-operative Society Ltd., having

address at ……… …… ……… ………… holding ten fully paid shares of Rs. Fifty each.

He/ She desires M/s……… ………… ………… ………… having address at……… ……… ……… ………… …… …… to

join him/ her as an associate member for the purpose of holding the shares jointly with him/ her.

Accordingly, we make this application for admitting us as an associate member to Shri/ Shrimati ……… ……… …………

……… ….and remit herewith the membership entrance fee of Rs. 100.

The signatory to the application for associate membership is duly authorized by us to sign the application on our behalf.

A certified copy of the said letter of authority in this behalf is enclosed.

On our admission as an associate member by the Society, we shall be jointly and severally liable to discharge the

present and future liabilities to the society.

The right of attending general body meeting and voting at them will ordinary be exercised by Shri / Shrimati …… … ……

… …… … …….. whose name stands first in the share certificate, Name of us M/s. …… …. …… ….. ……….. ………..

shall stand secondly in the Share Certificate and we shall have no rights or privileges of the membership. However, if

Shri/ Shrimati …… …… …… … …… ..remains absent for General Body meeting of the Society, the we shall have a right

to attend such meeting and to caste a vote.

We request you to admit us as an associate member and include our name in the share certificate next after the name of Shri

/ Shrimati …… ……… …… ……… …… ……

The consent of Shri/ Shrimati… ……… …… ……… …… ………… for our admission as an associate member is given below.

FOR AND ON BEHALF OF THE

……………………………………

Date:

Place: (Signature of the Applicant)

We hereby declare that we are eligible for membership of the society as provided under bye-law No. 18.

We hereby submit the Article of Association & Memorandum of Association &Company Registration Certificate.

I, Shri / Shrimati………… ………… …… ……………… ……………..a member of the ………………… ……… ………

…… …….Co- operative Housing Society Ltd., having address

at………………………………………………………………….and holding five fully paid up shares of Rupees fifty each

recommend the application made by M/s………… ……… ………… ………… ……… …….. for associate membership

with me for the purpose of holding the shares jointly on terms and conditions be added in the share certificate(enclose

herewith), after my name.

(Signature of the Applicant)

Place :

Date:

APPENDIX 10A

[Under the Bye-law No. 116(d)]

No Objection Certificate and Undertaking from the Original Member to be submitted by the Associate

Member intending to be a Member of the Managing Committee of the Society

From: Shri /Smt…………….

Flat No………………

To,

The Chairman,

…………………………… Co-operative Housing Society Ltd.,

……………………………

Dear Sir,

I, Shri /Smt. …… … …… …… …… … …. a member of the society holding share certificate No. …

… …… .. jointly with Shri/ Smt… …… … …… …… … whose name stands Sr No. …….. ……. in the

share certificate who intends to contest the election of the Managing Committee of the society for the

year….. ………

Since I do not wish to participate in the said election and since I have no objection to Shri/Smt……

…… ……… …… …… ……contesting the said election. I hereby surrender all my voting rights in favour

of Shri/ Smt… …… …… ….to enable him/her to contest the ensuing election to the managing

committee and to hold office of the committeeman, if elected.

I hereby declare that I will not participate in any manner in general meeting of the society or in

election matter till such time as Shri/ Smt…… …… ……… …… …if elected. Continues to hold the

office of the committeeman.

Yours faithfully,

(Signature of the Original Member)

APPENDIX 11

[Under the Bye-laws Nos. 20 and 43(2)(1)]

The Form of application for Nominal Membership by the sub-lettee the Licensee or the Caretaker or

Occupant

To,

The Secretary

………………………..Co- operative Housing Society Ltd.,

………………………...

Sir,

Shri/Shrimati/Messrs ………. ………… ……… ……… I have entered into an agreement as per

copy enclosed, with Shri/Shrimati ………. ………… ……… ……… and holding Flat No. ……….

………… ……… ……… in the building of the Society, for sub-letting / giving on caretaker basis/leave

and licence basis the said flat/pat of the said flat.

I/We request you to admit me/us as a nominal of the society.

I/We remit herewith the entrance fee Rs. 100/-

I/We are aware that being a nominal member, I/We have no rights or privileges of a member and

cannot claim any share in any form in the profit or assets of the society.

I/We undertake to vacate the flat/ part of the peacefully immediately on expiry of the period of

agreement or the extended period.

I/We have gone through the bye-law of the society and undertake to abide by them with any

modifications, the Registering Authority may make in them. I/We hereby undertake that we shall be

liable for the payment of all the outgoing of the society.

The consent of Mr. ………. ………… ……… ……… for my/our admission as a nominal member

of society is given below.

Yours faithfully,

Licensee/ Caretaker.

I , Shri/ Shrimati ………. ………… ……… ……… a member of the ……………… Co-operative Housing

Society Ltd., ………. ………… ……… ……… give my consent for Mr. ………. ………… ……… ………

to be admitted as a Nominal Member of the Society.

(Signature of the Member)

APPENDIX-12

(Under the Bye-laws No. 24 and 74 (a))

Form of Letter of Allotment of the flat to the member of the society.

To,

Shri. / Shrimati/ Messers ……. …….. …….. ……….

……… ………. ………. ………. ………. …………

Sir,

1. You are the member of the ………. ………. ………. Co-operative Housing Society Limited (

Registration Number ………. ………. ………. dated,) having address at ………. ………. ………. ……….

………. ………. registered or deemed to be registered as per the provisions of Maharashtra Cooperative

Societies Act, 1960 by the Assistant Registrar/ Deputy Registrar/Joint Registrar of Cooperative

Societies.

2. You have purchased the Flat No ………. ………. ………. Admeasuring ………. ……….

………. Sq.mtrs., Constructed in the building No………. ………. / known as ………. ………. ……….

………. ………. ………. constructed on the plot No ………. ………. ………. Admeasuring ……….

………. ………. . sq.mtrs. The said flat is deemed to have been allotted to you under Bye-law No.76(a)

of the bye-laws of the society. The flat admeasuring ………. ………. ………. sq.mtrs. in the building No

………. ………. ………. of the society known as ………. ………. ………. constructed on the plot

admeasuring ………. ………. ………. Sq.mtrs. Stands allotted to you under the provision of Bye-law

No.76(a) of the bye-laws of the society on transfer of interest in the said flat by Shri/ Shrimati to you as

approved by the Committee/ General Body Meeting of the society held or

3. You may enjoy the right of occupation of the said flat / plot under the provisions of the Byelaw

No. 24(a) of the bye-laws of the society.

4. So long as the said Flat / Bungalow stands in your name in the records of the society, your

right of occupying the flat / plot shall be subject to the following provisions in the bye -laws of the society

that is to say sub-letting, giving on leave and licence m care- taker basis the said flat or part of the plot

of parting with the possession of the flat /plot in any other manner, maintenance of the flat by the

member and repairs to it additions and alterations in the Flat / Bungalow, avoiding any kind of nuisance,

annoyance or inconvenience to other members of the society, stocking or storing of any kind of goods

or materials, which are combustible, obnoxious or other goods for the storing of which permission of the

authority, under any law, relating thereto is necessary restrictions on holding more than one Flat /

Bungalow, payment of charges of the society, transfer of shares held by you and your interest in the

capital/ property of the society, use of the flat / plot for the purpose for which the same has been given

as mentioned in para 5 below, change in user and any other conditions laid down under the provisions

of the Bye-laws of the society or these bye-laws, but not specifically mentioned hereinabove.

5. The Flat/ Bungalow allotted to you shall be used only for the purposes mentioned below.

(State here the purpose for which the fla / plot in question allotted/ is deemed to have been allotted.)Any

breach/breaches of the provision of the bye-laws of the Society which are considered by the Managing

Committee of the Society as serious nature shall render you liable for expulsion from membership of the

Society and consequently eviction from the flat/ plot.

Yours faithfully,

Place :-

Date:- Secretary/Chairman

APPENDIX - 13

[Under the Bye-law No.27(a)]

The Form of Notice of Resignation of Membership of the society by a member

To,

The Hon. Secretary,

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

Sir,

I/ we Shri/ Smt. …. …… ……. ….. …… ….. is/are a member/s of the …. …… ……. ….. …… ….. Cooperative

Housing Society Ltd. having address at …. …… ……. ….. …… ….. …. ….. …… ….. holding

5 shares of Rupees Fifty each, amounting to Rs 50/- the Office/ Flat no. …… in …… wing in the building

of the society numbered/ known as …. …… ……. ….. CHS Ltd.

I/ we desire to withdraw from the society and therefore give you a notice of three months of our intention

to resign membership of the society, as required under the Bye-law No. 27(a) of the bye-laws of the

society.

I/ we hereby state that I/ we am/ are prepared to discharge in full the amount of liability to the society as

per records of the society before my resignation is considered by the Managing Committee of the

society

I/ we authorize the society to recover the charges of the society, due to me from the value of my interest

in the flat.

On acceptance of my/our resignation, I/we will surrender the share certificate No. ….. ….. for shares

numbering from …… to …… (both inclusive) for Rs. 50/- to the society and the vacant possession of the

office for being acquired by the

society purchasers or transferee. I / we request you to please pay me / us the value of the shares

referred to above and the value of my / our interest in the flat, due to me, after deducting the amount

payable to the Society and outstanding against me.

Yours faithfully,

Shri/ Smt. …. …… ……. ….. …… …..

Place :

Date :

APPENDIX 14

[Under the Bye-law No.31]

FORM OF NOMINATION TO BE FURNISHED IN TRIPLICATE

To,

The Secretary

………………………..Co-operative Housing Society Ltd.,

………… …… ……….. …………… …………..

Sir,

1.I/We/Shri/Shrimati/Messrs ……… …… … ……… …… …… ……….. are a member of the

…… …… …… ……… ………Co-operative Housing Society Ltd, having address at ……… ……… …

…… … …… …………

2.I hold the share certificate no. . …. …….. . ….. dated … . . . . . . . fully paid up shares of

Rupees fifty each, bearing number from….. ……… to …….. ……. (both inclusive), issued by the said

society to me.

3.I also hold the Flat No…… ……… admeasuring ……. ……….. sq. metres, in the building of

the said society, known*numbered as …….. ………

4.As provided under Rule 25 of the Maharashtra Co-op. Societies Rules, 1961, I hereby

nominate the person/s whose particulars are as given below,

Sr.

no.

Name/s of the

Nominee/s

Permanent

Address of the

Nominee/s

Relationship

with the

Nominator

Share of each

nominee

(Percentage)

Date of Birth of

nominee/s if the

nominee/s is a

minor

5.As provided under Section 30 of eh Maharashtra Co-operative Societies Act, 1960, and the

Bye- laws No. 36 of the Society, I state that on my death the Shares mentioned above and my interest

in eh flat, the details of which are given above, should be transferred to Shri/ Shrimati… … …… ……

…… …the first named nominee, on his/her complying with the provisions of the Bye-laws of the society

regarding requirements of admission to membership and on furnishing *Indemnity Bond, alongwith the

application for membership, indemnifying the society against any claims made to the said shares and

my interest in the said flat by the other nominee/nominees.

6.As the nominee at Sr. No… …… …… …… …is the minor. I hereby appoint Shri/Shrimati…

… …… …… … … ……… …… .as the guardian/legal representative of the minor to represent the

minor nominee in Matters connected with this nomination.

Signature of the Nominator Member

Place:

Date:

Witnesses

Name and Addresses of Witnesses

(1)Shri/Shrimati…………………. (1) Signature of the Witness

Address……………………….

………………………………..

(2)Shri/Shrimati…………………. (2) Signature of the Witness

Address……………………….

………………………………..

Place:

The nomination was placed in the meeting of the managing committee of the society held on

…………….. for being recorded in it minutes.

The nomination has been recorded in the nomination register at Sr. No……………...

Date:

The Hon. Secretary

………Co.op. Housing Society Ltd.

Received the duplicate copy of the nomination.

Date: Nominator- Member

APPENDIX 15

[Under the Bye-laws Nos. 33]

The Form of application for Membership by the Nominee/Nominees

To,

The Secretary

………………………..Co- operative Housing Society Ltd.,

………………………...

Sir,

I/We Shri/Smt./Messrs …… …… … …… …… hereby make an application for membership of the

…… …… … …… …… Co-operative Housing Society Ltd …… …… … …… …… and for transfer of

shares and interest of Shri/Shrimati…… …… … …… …… Deceased member of the society, in the

capital/ property of the society.

Shri/Shrimati …… …… … …… …… was a member of the society holding …… …… … …… ……

shares of Rs. fifty each and Flat No. …… …… … …… …… in the society’s building.

Shri/Shrimati…… …… … …… …… the deceased member of the society died on…… …… … ……

…… A copy of the death certificate of the said member is enclosed.

The late Shri/Shrimati…… …… … …… …… the deceased member of the society had nominated

me/us under Rule 25 of the Maharashtra Co-operative Societies Rules, 1961.

Being the only nominee/ authuorised nominees as per nomination filed with the society by the

deceased member, I/We am /are entitled to make an application for membership of the society and fro

transfer of shares and interest of the deceased member in the capital/property of eth society to my/ our

name.

I/We have executed the Indemnity Bond in favour of the society indemnifying it against any claim

made at any subsequent time by other nominee/ nominees to the shares and interest of the deceased

member in the capital / property of the society. The said Indemnity Bond is enclosed herewith.[Appendix

18(1)]

I/We remit herewith an amount of Rs. 100 as entrance fee My particulars for the purpose of

consideration of my application for membership of the society are as under:

Age : ………………………….

Occupation : ………………………….

Monthly Income : Rs………………………

Office Address : …………………………

Residential Address : …………………………

I/We enclose herewith the undertaking and declaration, in the prescribed forms, in respect of the

registration of transfer of the resignation of transfer of the flat to my/our name under Section 269AB of

the Income-Tax Act.

I/We undertake to discharge the present and future liabilities to the society/ As I have no

independent source of income, I enclose herewith the undertaking in the prescribed form from the

person, on whom I am dependent to the effect that he will discharge all the present and future liabilities

to the society on my behalf. I/We have got understood one through the bye-laws of the society and

undertake to abide by the same and any modifications that the Registering Authority may in them.

I/We request you to please admit me/us a member of the society and transfer the shares and

interest of the deceased member in the capital / property of the society to my/ our name. The share

certificate held by the, deceased member is enclosed herewith.

Your Faithfully,

Place………………..

Date………………..

Note (1) The expression “a member of a family” means as defined under bye- law 3(xxv).

(2) The undertaking about registration of the flat is not necessary if the nominee is related to the deceased member within

the meaning of Section 2(41) of the Income-tax Act.

APPENDIX-16

[Under the Bye-law No. 34]

The Form of Notice, inviting claims or objections to the transfer of the shares and the interest of the

Deceased Member in the Capital/ Property of the society.

(To be published in two local newspapers having large publication)

NOTICE

Shri/Shrimati ……. ……… …….. ………. a Member of the ……… …….. ………. Co-operative Housing

Society Ltd. having, address at……… …….. ………. and holding flat/ tenement No ……. …………

………… in the building of the society, died on ……… …….. ………. without making any nomination.

The society hereby invites claims or objections from the heir or heirs or other claimants/ objector or

objectors to the transfer of the said shares and interest of the deceased member in the capital/ property

of the society within a period of days from the publication of this notice, with copies of such documents

and other proofs in support of his/her/their claims/ objections for transfer of shares and interest of the

deceased member in the capital/ property of the society. If no claims/ objections are received within the

period prescribed above, the society shall be free to deal with the shares and interest of the deceased

member in the capital/ property of the society in such manner as is provided under the bye-laws of the

society. The claims/ objections, if any, received by the society for transfer of shares and interest of the

deceased member in the capital/ property of the society shall be dealt with in the manner provided

under the bye-laws of the society. A copy of the registered bye-laws of the society is available for

inspection by the claimants/ objectors, in the office of the society/ with the secretary

Of the society between ……… …….. A. M.I P. M. to …. …… …..A.M./P.M. from the

date of publication of the notice till the date of expiry of its period.

For and on behalf of

The ........................Co-op. Housing Society Ltd.

Place :

Hon. Secretary

Date :

APPENDIX-18

(Under the Bye-law Mo. 34)

FORM OF INDEMNITY BOND,

(To be given on Stamp Paper of Rs. 200 or to be affixed with adhesive stamps of the same

denomination)

(To be given where there are more nominees than one)

I, Shri/Shrimati ………… ……….. residing at ………… ……….. anIndian inhabitant state as under:

2. Shri/Shrimati ………… ……….. residing at ………… ……….. was the member of the …………

……….. ………… ……….. Co-operative Housing Society Ltd, having address at ………… ………..

He/She was holding Share Certificate No ………… ……….. for ten fully paid up shares of rupees fifty

each, bearing distinct numbers from ………… ……….. to ………… ……….. (both inclusive).

3. The said Shri/Shrimati ………… ……….. was holding the flat / tenement No. ………… ……….. on

………… ……….. floor, in the building known as; or in the building No. of the society constructed on the

plot of land, bearing No situated at ………… ……….. ………… ………..

4. The said Shri/Shrimati………… ……….. ………… ……….. had nominated the following persons

under Rule 25 of the Maharashtra Co-op Societies Rules, 1961

i) Shri/Shrimati ..............................................................................

ii) Shri/Shrimati ..............................................................................

iii) Shri/Shrimati ..............................................................................

iv) Shri/Shrimati ..............................................................................

5. I am duly authorised by the above nominees to make an application *':-membership of the

society. My name appears first in the said nomination Letter

6. The said Shri/Shrimati died on or about ………… ………..

7. According to the Bye-law No. 34 of the said Society, I am entitled to make ar application for

membership of the said society and for transfer of the said shares a~ interest of the said deceased

member in the said flat / tenement to my names Accordingly, I have made an application for

membership of the said society and *ar transfer of the shares and the interest of the said deceased

member in the said, flat tenement to my name.

8. I hereby indemnify and keep indemnified the said society and its office-bearers -against any

claim, demand, suit or other legal proceedings by other nominee/nominees claiming either lawfully

and/or equitably through the said deceased Shri/Shrimati ………… ……….. and shall see that the said

society and its office bearers are not put to losses.

I further declare and undertake to bear all expenses, costs, charges in respect of any such claim,

demand, suit and/or legal proceedings which may be filed by other nominee/ nominees either lawfully

and/or equitably claiming through the said deceased member of the society.

9. I am fully aware of the fact that the society admits me as its member in place of the said

deceased member of the society only on the basis of the indemnity and undertaking furnished by me.

Signature of applicant

Place :

Date :

Signature of nominees other than applicant

1) .............................................................

2) .............................................................

3) .............................................................

Witnesses :-

1) Name ...................................... 1) Signature of the Witness

Address ..................................

2) Name ...................................... 2) Signature of the Witness

Address .................................

Place : Date :

APPENDIX-19

[Under the Bye-law No. 35]

FORM OF INDEMNITY BOND

To be given on Stamp Paper of Rs. 200 or on a paper affixed with adhesive stamps of the same

denomination.

(To be given where there is no nomination)

1. I, Shri/Shrimati ….. …… …… …….. of … …… …… ….. Indian inhabitant state as under.

2. Shri/Shrimati …… … … ……. residing at …… …… …… ……….who was the member of the Cooperative

Housing Society Ltd. having address at …… …… …… …… … …… died on or about

3. The said Shri/ Shrimati … …. … …. ……… had not made an nomination as provided under Rule 25

of the Maharashtra Co-operative Societies Rules 1961.

4. The said Shri/Shrimati ……… ……… ……… was holding the share certificate No. ………….. for ten

fully paid up shares of Rupees Fifty each, bearing distinctive number from ……… ……..to…….. … ……

(both inclusive)

5. The said Shri/ Shrimati ……….. ………………. Was holding the flat / tenement No. ……. … …… on

…… ….. ……… ……. floor, in the building of the society known as ..................... or in the building No

constructed on the plot of land bearing no ……… …………. situated at …………. …………….

6. The said Shri/Shrimati …… ……………….. has left behind me as his/her only heir/the following heirs :

(i) Shri/Shrimati ................................................................................

(ii) Shri/Shrimati ................................................................................

(iii) Shri/Shrimati ................................................................................

(iv) Shri/Shrimati ................................................................................

(v) Shri/Shrimati ................................................................................

As I am the only heir of the deceased Shri/Shrimati ……….. ……………… I inherit his/her shares, and

his/her interest in the said tenement. According to the bye-law No. 35 of the bye-laws of the said

society, I am entitled to make an application for membership of the said society and for transfer of the

said shares and interest of the said deceased member in the said flat / tenement to my name.

Accordingly, I have made an application for transfer of the said shares and the interest of the said

deceased member in

the said flat to my name.

According to the bye-law No 35 of the bye laws' of the society, all the above heirs have jointly made an

affidavit, and have suggested my name to make an application for membership of the said society and

for transfer of the said shares and the interest of the said deceased member in the said flat / tenement/

plot of land to my name . Accordingly I have made application for membership of the said society and

for transfer of the said shares and the interest of the deceased member in the said flat / tenement to my

name.

7. I hereby indemnify and keep indemnified the said society and its office-bearers against any claim

demand, suit or other legal proceedings by any other heir/heirs, either lawfully and/or equitably through

the said deceased Shri/Shrimati . ……….. ………. ………. …….. and shall see that the said society and

its office bearers are not put to losses. I further declare and undertake to bear all expenses, costs,

charges in respect of any such claim, demand, suit and/or legal proceedings which may be filed by any

other heir/heirs either lawfully and/or equitably claiming through the said deceased member of the

society.

8. I am fully aware of the fact that the society admits me as its member in place of the said deceased

member of the society only on the basis of the indemnity and undertaking furnished by me.

Signatures

1. ………… ……………….. …………… 1) Name ............................. 1) Signature of the Witness

Witnesses Address

2. ………… ……………….. …………… 2) Name............................. 2) Signature of the Witness

Address ............

Place: Date :

Appendix -20 (2)

( Under the Bye-law No.37 (a))

A form of the letter of consent of the proposed Transferee for the transfer of the shares and interest of

the member (Transferor) to him ( Transferee).

To,

The Secretary,

…… ……. ……. Co-operative Housing Society, Limited.

…… …….…… …….…… ……. …… …….…… …….

Sir,

Shri/Shrimati/ M/s ……….. …………. ………. are the members of …….. ………. Co-operative Housing

Society Ltd. Proposes to transfer his / her / their shares and interest in the capital/property of the society

to me/us. I/We hereby give my/our consent for the transfer of shares and interest of Shri/ Smt./M/s.

………. …….. in the capital /property of the society to me/us as required under Rule 24(1) (b) of the

Maharashtra Co-operative Societies Rules, 1961.

My/our name and address is as under.

Yours faithfully.

(Transferee)

Place:

Date :-

Appendix - 2 0 ( I )

( Under the Bye-law No.37 (a))

A form of Notice of, intention of a member to transfer his shares and Interest in the capita! /property of

the Society.

To,

The Secretary,

...................................... Co-operative Housing Society, Limited.

Sir,

l/We Shri/Shrimati/M/s …….. …… ……… ……. Are the member of ……… ……….. Co-operative

Housing Society Ltd. Having address at ……… ………and are holding Ten /Twenty fully paid up shares

of Rs.50/-, bearing distinctive numbers from …….. …… ……… ……. to …….. …… ……… …….

(both) inclusive) and are holding the flat / tenement no. …….. …………. in the building no …….. ……

……… ……. of the society, and hereby give you notice as required under Rule 24 of the Maharashtra

Co-operative Societies Rules, 1961, as under.

I/we Shri/ Shrimati / M/s ……….. …………… ……….. intend to transfer my/our shares and my/our

ownership right, title and interest in the capital in the flat / tenement in the building of the Society, and

my/our interest in the property of the society to Shri. /Shrimati/ M/s

........................................................................... for a consideration of Rs ……….. …………… ………..

The consent of the transferee is enclosed.

Yours faithfully,

(Transferor)

Place:-

Date :-

Appendix No. 21

(Under the Bye - law No. 37 (e) (i))

Form of application for transfer of shares and interest in the capital/ property of the society by the

transferor (being an individual)

To,

…… ……. …….. Co-operative Housing Society Ltd.

…… ……. …….. …… ……. …….. …… ……. ……..

Sir,

1. I Shri/Shrimati …… ……. …….. …… ……. am the member of …… ……. …….. …… ……. Cooperative

Housing Society Ltd., having address at and holding share certificate No …… ……. ……..

…… ……. for ten fully, paid up shares of Rupees fifty each, bearing distinctive numbers from …….. to

………(both inclusive) and holding Flat / Tenement No …… ……. …….. …… ……. admeasuring

……… sq. mtrs in the building of the society, numbered / known as

2. I had given you notice of my intention to transfer the said shares and my interest in the

capital / property of the society on as required under Rule 24 (1) (b) of Maharashtra Co-operative

Societies Rules, 1961 along with the consent of the proposed transferee Shri / Shrimati / Ms …… …….

…….. …… …….

3. I enclose herewith the application in the prescribed form for membership of the said society

by the said proposed transferee .

4. I remit here with the transfer fee of Rs. 500/- (Rupees Five Hundred only ) I alsc

remit herewith the amount of the premium of Rs …… ……. …….. …… ……. (Rupees …… ……. ……..

…… ……. only) as provided under bye-law No. 38 (e

(ix) of the bye laws of the society.

4. I state that the said shares and interest in the capital /property of the said society

have been held by me for a period of not less than a year.

6. I further state that the liabilities due to the said society by me as on the date of this

application have been fully paid by me . I also undertake to pay the liabilities which may become due till

the transfer application is approved by the society.

7. I hereby undertake to discharge any liabilities to the said society which related to the period

of my membership with the said society and have before payable by me after cessation of my

membership of the society due to any demand made by the local authority, Government or by any other

Authority on any account, after cessation of my membership.

8. I propose to transfer the said shares and my interest in the capital / property of the said

society on the following grounds.

i)…… ……. …….. …… …….

ii)…… ……. …….. …… …….

iii)…… ……. …….. …… …….

9. I also furnish herewith the undertaking in the prescribed form on One Hundred Rupees

stamp paper about the registration of the transfer as required under section 269-A-B of Income Tax Act

10. I request you to approve the proposed transfer and inform me accordingly.

Yours faithfully,

(Signature of the Transferor)

Place :-

Date :-

APPENDIX No.22

(Under the Bye law No. 37(e) (i))

Form of application for transfer of shares and interest in the capital/ property of the society by the

transferor. (Being a Corporate Body)

To,

The Secretary,

……… ……… ………Co-operative Housing Society Ltd.

Sir,

1. I We/M/s. ……… ……… ……… are the member of ……… ……… ……… Co-operative Housing

Society Ltd, having address at ……… ……… ……… and holding share certificate No. …….

……….. ………. for Twenty fully paid up shares of Rupees Fifty each bearing distinctive numbers from

…. ……. To …….. ….. ( both inclusive) and holding Flat/ Tenement No. …… ……. Admeasuring ……

…… sq. mtrs. in the building of the society, numbered/ known as ……… ………

2. We had given you notice of my intention to transfer the said shares and our interest in the capital /

property of the society on ................. as requited under Rule 24 (1) (b) of Maharashtra Co-operative

Societies Rules, 1961 along with the consent of the proposed transferee Shri/ Shrimati/ M/s. ……. ……

………

3 We enclose herewith the application in the prescribed form for membership of the said society by the

said proposed transferee named in the notice referred to above.

4.We remit herewith the transfer fee of Rs. 500/- (Rupees Five Hundred only). We also remit

herewith the amount of the premium of Rs ………. ………. …………. (Rupees ………. ………. ………….

only) as provided under bye law No.38 (e) (vii) of the bye laws of the society.

5. We state that the said shares and interest in the capital /property of the said society

have been held by us for a period of not less than a year.

6. We further state that the liabilities due to the said society by us as on the date of this application have

been fully paid by us. We also undertake to pay the liabilities which may become due till the transfer

application is approved by the society.

7. We hereby undertake to discharge any liabilities to the said society which are related to the

period of our membership with the said society and have become payable by us after cessation of

membership of the society due to any demand made by the local authority, Government or by any other

Authority on any account after cessation of my membership.

8. We propose to transfer the said shares and our interest is the capital / property of the said

society on the following grounds :

i) ...........................................................................

ii) .........................................................................

9. We also furnish herewith the undertaking in the prescribed form on one hundred Rupees

stamp paper about the registration of the transfer as required under section 269-A-B of the Income Tax

Act there under.

10. We have authorised Shri./Shrimati ………. ………. …………. to sign the application for

transfer on our behalf. A certified copy of the authority letter is enclosed herewith.

11. We request you to approve the proposed transfer and inform us accordingly.

Yours faithfully,

(Transferor)

(Signature of the Transferor)

Place :-

Date :-

FORM NO. 2 3

[Under the Bye-law No. 37 (e) (ii)]

Form of application for membership of the society by the Proposed transferee. [being an individual]

To,

The Secretary,

…… … ……… …… ……… … ……… …Co-op. Hsg. Soc. Ltd.

……… ………… ……… ………… ……

Sir,

Shri/Shrimati ………… ……… ………… intend to become a member of the ………… ……… …………

Co-operative Housing Society Ltd., having address at ………… ……… ………… by transfer of the

Shares Certificate No ………… ……… ………… for five fully paid up shares of Rupees Fifty each

bearing distinctive numbers from ………… to ………… ……… ………… [both inclusive] held by

Shri/Shrimati ………… ……… ………… the member of the said society and his / her interest in the flat

No………… admeasuring sq. metres, in the building of the said society, numbered / known as …………

……… ………… held by the said Shri/ Shrimati ………… ……… ………… to my name.

I had given my consent to the proposed transfer of the said shares and the interest of the said transferor

in the capital / property of the said society to me on ………… ……… …………

I now make this application for membership of the said society and for transfer of the said shares and

the interest of the said transferor in the capital / property of the said society to my name.

The particulars for the purpose of consideration of my application for membership of the …………

……… ………… Co-op. Hsg. Soc. Ltd., are given below :

Age :

Occupation :

Monthly Income : Rs.

Office Address :

Residential Address :

I remit herewith the entrance fee of Rs. 100/- [Rupees One Hundred only].

I declare that there is no plot / flat / house owned by me / any of the members of my family / the person

dependent on me, in the area of operation of the society.

OR*

I give below the particulars of the plot / flat / house owned by me /

any of the members of my family / the person dependent on me, in

the area of operation of the society.

Sr.

No.

Name of

the

person

Particulars of the plot / flat / house

owned by me / the members of

my family / the person dependent

on me, the area of operation of

the society

Location of the

plot / flat / house

Reasons as to why it is

necessary to have a flat in

this society

1 2 3 4 5

I furnish herewith the declaration in the prescribed form, on ten rupees stamp paper, about non-holding

of any vacant land or land with a building, in any urban agglomeration, specified under the Urban Land

(ceiling and Regulation) Act, 1976, the area of which exceeds 500 sq. mtrs.

I also furnish herewith the undertaking in the prescribed form, on ten rupees stamp paper, about

registration of the transfer under Section 269 AB of the Income-tax Act and the rules made thereunder.

I undertake to use the flat, proposed to be transferred to me, for the propose

mentioned in the letter that will be issued to me by the said society, under bye-law No. 76 (a) of the bye-laws of the

said society and that no change of the user of the said flat will be made by me without the prior approval of the society

in writing. The undertaking to that effect in the prescribed form is enclosed herewith.

I undertake to discharge all the liabilities to the society, which may become due from the date of my admission to the

membership of the society. As I have no independent source of income, I enclose herewith the undertaking in the

prescribed form from the person, on whom I am dependent, to the effect that he will discharge all the liabilities of the

society.

I enclose herewith the undertaking in the prescribed form that the plot / flat / house owned by me / any of the members

of my family / the person dependent on me, the details of which are given in this application about the disposal of the

said flat / plot / house.

I have gone through the bye-laws of the society and undertake to abide by the same and any modifications that the

Registering Authority may make in them.

I request you to please admit me as a member of the said society and transfer the shares and the interest of the

transferor in the capital / property of the said society to my name.

Yours faithfully,

(Signature of the applicant)

Place :

Date :

APPENDIX No. 24

(Under the Bye-law No. 37(e)(ii))

Form of application for membership of the society by the proposed transferee (Being a Body Corporate)

To,

The Secretary,

………. …….. …….. ........... Co-operative Housing Society Ltd.,

Sir,

1.We, Messers ………. …….. …….. having address at ………. …….. ……..intend to become a member of the

Co-operative Housing Society Ltd., by transfer of Share Certificate No ………. …….. ……..for twenty fully paid up

shares bearing distinctive numbers from ………. …….. …….. to ………. …….. ……..(both inclusive) held by Shri/Smt

the member of the said society and his/her interest in Flat No ………. …….. …….. admeasuring ………. …….. ……..sq.

mtrs, in the building of the said society, numbered/named as to our name.

2.We had given our consent to the proposed transfer of the said shares and interes: of the said transferor in

the capital/ property of the said society to us on

3.We now make this application for membership of the said society and for transfer of the said shares and the

interest/ of the said transferor in the capital/ property of the said society to our name.

4.We remit herewith the entrance fee of Rs. 100/- (Rupees one hundred only) and Rs. 500/- (Rupees five

hundred only) as value of aforesaid shares as per bye-law No 19(B).

5.We hereby undertake to discharge all the liabilities to the society which ma. become due from the date of our

admission to the membership of the society.

6.We declare on the basis of the information given to us by the said society that by admitting us to membership

of the said society, the total membership of corporate bodies of the said society will not exceed the limit mentioned in

Government order enclosed at Annexure 1 to bye laws of the society.

7.We also furnish herewith the undertaking in the prescribed form on One Hundred Rupees

stamp paper about registration of the transfer under section 269 AB of the Income Tax Act and the rules made

their under.

8.We undertake to use the flat / tenement proposed to be transferred to us for the purpose mentioned in the

letter that will be issued to us by the said society under bye-law No. 76(a) of the bye-laws of the said society and that no

change of user of the said flat will be made by us without prior approved of the society in writing: The undertaking to

that effect in the prescribed form is enclosed herewith.

9.We have gone through the bye-laws of the society and the Government orders issued under section 22 of

Maharashtra Co-op. Societies Act, 1960 and undertake to abide by the same and any modifications that the registering

Authority and the Government may respectively make in them.

10.Shri/Shrimati ………. …….. …….. has been authorized to sign this application on our behalf. A certified

copy of the authority letter is enclosed herewith.

11.We request you to please admit us as member of the said society and to transfer said shares and the

interest of the transferor in the capital/ property of the said society to our name.

FOR AND ON BEHALF OF THE

Signature of authorised person

Place :

Date :

On A Hundred Rupees STAMP PAPER

APPENDIX-25(1)

(Under the Bye - law No. 37(e) (xi)

A form of undertaking about the registration of the transfer of a flat under Section 269 AB of the Income

- Tax Act.

(To be given jointly by the Transferor and the Transferee)

I/We, Shri/Srimati/Messers …… ….. …… .…. …… (Transferor) am/are a member/members of the …..

……. …………… ……………. Co- operative Housing Society Ltd, Address :- ……………. …………

………… ………….. holding flat/ bungalow no……….. ……….. ……. address:-……… …………..

…………….. in the building/plot of the society and …………………. …………. (Transferee) intends to

become a member and intends to get transferred the said flat to himself from the aforesaid (Transferor).

We jointly undertake that we or either of us, as is decided amongst ourselves shall furnish necessary

information in Form No.37E to the competent authority under the Income-Tax Act within 30 days of the

General Body Meeting from me date of execution of transfer agreement deed at which the transfer will

be approved for the purpose of registration of the transfer -under Section : 269 AB of the Income-Tax

Act.

Signature of the Transferee ...............................................

Signature of the Transferor ...............................................

Place:-

Date :-

Note :- This undertaking is not necessary where the transfer is between two relatives, as defined in

Section 2(41) of the Income-Tax Act, or if the consideration for the transfer is Rs. 75,00,000/- or less

On A Hundred Rupees STAMP PAPER

APPENDIX 25(2)

(Under the Bye-laws Nos. 19A (vii) and (iv)

Form of Undertaking about the registration of the acquisition of a flat under section 269 AB of the

Income-Tax Act.)

(To be given by a person seeking direct admission to the membership of the Society)

I/We, Shri/Srimati/Messers ………. …………….. …………… intend to become a member of the……..

…………. Co-operative Housing Society Ltd. ( Proposed) in respect of the Flat No………… ……………

in the building of the society, purchased by me/us under the agreement under Section 4 of the

Maharashtra Ownership Flats Act, 1963 entered into with the Builder, solemnly declare that I shall

furnish necessary information in Form 37E to the competent authority, under the Income-Tax Act, within

30 days of the General Body Meeting at which the application for membership will be approved, or

being registered under Section 269 AB of the Income Tax Act.

Signature of the Applicant

Place :

Date :-

Note :- This Undertaking is not necessary where the transfer is between two relatives, as defined in

Section 2(41) of the Income-Tax Act, or if the consideration for the transfer is Rs.75,00,000/- or less.

APPENDIX -26

(Under the Bye-law No.39)

A form of intimation by the society to the transferee about exercise of rights of membership by him.

To,

Shri. /Shrimati/ Messers, ……….. ………. …..

……… ……….. ……… ……… …….. …….

Upon acceptance of the application for transfer of Shares and interest of Shri/ Shrimati / Messrs ………

……… ……….. in the capital/ property of the society, to you and upon acceptance of your application

for membership of this society simultaneously, in the General Body Meeting of the society, held on

……….. ……… …….. your name has been entered in the Register of Members in "I" Form and in the

List of Members in "J" Form and necessary endorsement of transfer of shares held by the transferor to

your name has been made in the letter bearing No………. ……….. Upon receiving this letter, you shall

be eligible to exercise the rights of membership of this society in accordance with the Act, Rules and the

Bye-Laws of the Society.

The said share certificate, duly endorsed in your name, is enclosed herewith.

Yours faithfully,

Secretary

The. ….. ……. ……. Co-operative Housing Society Lid.

Place:-

Date :-

Enclosures :- Share Certificate

APPENDIX 27

(Under the Bye-law No. 59)

Form of application for permission to hold more than one flat.

To,

The Secretary/Chief Promoter,

…….. ………. ………. Co-operative Housing Society Ltd. (Proposed)

1. I am the member/promoter of the………. ………. Co-operative Housing Society Ltd. (proposed ) at

………. ………. and hold/ intend to hold flat No. ………. ………. Admeasuring ………. ………. Sq.

metres, in the building No ………. ………. Building/Plot known as ………. ……….………. ……….

2. I intend to have additional flat in the building of your society, in my name/ in the name of my wife

/husband/ son having no independent source of income/unmarried daughter/ person dependent on me.

The area of the said flat is ………. ……….square metres / ft.

3. As the number of members in the family is large/ the number of persons dependent on me

and required to stay with me is large/my business activities are such need special arrangement to

accommodate visitors coming to me for business (State here any other convincing reason ), the

additional fiat is absolutely necessary.

4. I hereby declare that both my flats will be used for my/our bonafide residential purposes and

would not be sub-let or given on leave and licence or care-taker basis or possession thereof would not

be part with any other manner without the previous permission of the committee of the society.

5. I request you to please grant necessary permission for holding the additional flat.

Yours faithfully

Signature of the Applicant

, Place:-

Date :-

Law Shastra

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