FAQ

Bye-law No. 149

149. SOCIETY MAY WRITE OFF IRRECOVERABLE DUES

Subject to the bye-law no.150, the Society may write off Society’s charges due from the Members, the expenses incurred on recovery thereof and the accumulated losses, which are certified as irrecoverable by the Statutory
Auditor, appointed under section 81 of the Act.

Bye-law No. 150

150. REQUIREMENTS FOR WRITING OFF IRRECOVERABLE DUES

The amounts mentioned in the bye-law no. 149 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. 

Bye-law No. 134

134. ONE MEMBER ONE VOTE IN MANAGING COMMITTEE

Every Member of the Committee shall have one vote. However in case of equality of votes the chairman of the meeting will have a second or casting vote. All decisions shall be taken by majority of vote.

Bye-law No. 64

64. f. PAYMENT OF INTEREST VALUE

On realisation of the demand draft and within one month of the admission of the said person to Membership of the Society, the Committee shall arrange to pay the value of the interest in the flat realised by the Society,
i. To the Member whose resignation has been accepted by the Committee, or
ii. To the nominee/s legal heir/s of the deceased Member who demanded payment of the value of the Shares and the interest in the capital or property of the Society or
iii. To the expelled Member Together with the value of the shares as determined under (i) above and after deducting the following
a. outstanding amounts, if any, due from such Member.
b. the entire expenses of the publication of the notice.
c. Expenses incurred for the disposal of the interest of the Member in the property/capital of the Society.

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

Bye-law No. 64

Wherever the question of payment of the value of the shares and the interest of any Member of the Society, in its capital/property, as the result of the acquisition of the same by the Society arises, the following procedure shall be followed:

64. a. SHARE & INTEREST VALUATION CRITERIA

The value of Shares or interest in the share capital of the society shall be decided in accordance with the provisions of Section 29 read with Rule 23 of the MSCS Rules

64. b. SHARE & INTEREST VALUER

The interest of the expelled Member in the property/capital of the Society, shall be valued by the Government approved valuer.

Bye-law No. 128

128. CO-OPTING

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

Bye-law No. 129

129. PERIOD OF CO-OPTED MEMBER

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

Bye-law No. 174

174. a. COMPLAINTS TO 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 

Bye-law No. 174

174. e. COMPLAINTS TO 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.

Bye-law No. 174

174. d. COMPLAINTS TO 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.

Bye-law No. 174

174. f. COMPLAINTS TO 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.

Bye-law No. 174

174. g. COMPLAINTS TO DISTRICT / STATE FEDERATION

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.

Bye-law No. 174

174. b. COMPLAINTS TO COOPERATIVE 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. 

Bye-law No. 174

174. c. COMPLAINTS TO 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.

Bye-law No. 92 

92. OWNERSHIP

The Provisional Committee or the Nominated Committee shall be in office for a period of one year or until the regular elections are held under the Bye-laws of the Society.

Bye-law No. 157

157. h. INVITING TENDERS FOR REPAIRS

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. 

157. i. TENDER ANALYSIS & CONTRACT WITH CONTRACTOR

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.

157. j. DISPUTES SETTLEMENT WITH CONTRACTOR

The Contract deeds, entered into with the Architect of the Society and the Contractor, shall provide a stipulation for settlement of the disputes arising out of execution of the Contracts shall be referred to sole Arbitrator appointed by the Society. 

Bye-law No. 90

90. RECORDS HANDOVER BY CHIEF PROMOTER

The Chief Promoter of the Society shall, immediately after the election of the Office Bearers of the Society, at the first meeting of the Provisional Committee or its nomination by the Registering Authority under the bye-law no. 87(b), hand over to the Chairman of the Society or any Member of the Provisional Committee authorised by it on that behalf :-
a. all records of the Society, particularly the copy of the application for registration of the Society, received back from the Registering Authority,
b. the copy of the by-laws of the Society registered by the Registering Authority,
c. the certificate of registration of the Society,
d. the challans for amounts credited into the bank,
e. the counterfoils of the used cheques and the unused cheques, forms
f. the bank pass books,
g. the copies of all the agreements entered into by him with different parties,
h. the statement of accounts as prepared by him,
i. the applications for Membership,
j. the statement of information of the promoters,
k. the vouchers for amounts expended,
l. the cash balance, if any,
m. the site plan/ the scheme of construction (for plot purchase type)
n. the minutes of the first general meeting of the Society,
o. the files of the correspondence with the Registering Authority, the Local Authority,
p. and all such other records, also in digital form and assets of the Society as are in his possession, not withholding anything with him.
q. prepare a documents handover report

Bye-law No. 44

44. RESTRICTIONS ON OCCUPANCY RIGHT

No Member of the Society shall assign, mortgage or create any charge on his occupancy right in the flat without the previous permission in writing of the Society. Provided that such permission of the Society will not be required for assigning, mortgaging or creating any charge on the occupancy right in the flat for the purpose of obtaining loan, either for purchase of the flat or for liquidating the liability incurred by him for the said purpose by way of loan or advance from the employer or the Member or from the Life Insurance Corporation of India or from a Bank or the Society or any other agency approved by the Commissioner for Co-operation and Registrar, C.S.M.S. Pune.

Bye-law No. 74

74. CHARGE ON SHARES AND INTEREST OF A MEMBER

The Society shall have a charge on the shares and/or interest of a Member, present or past, in the capital/property of the Society and upon any dividend, bonus or profits, payable to a Member in respect of any charges due from such Member or past Member to the Society and may set off any sum credited by or payable to a Member, in or towards there payment of such charges, as provided under Section 46 of the Act.

Bye-law No. 5

The objects of the Society shall be as under :

5. a. OWNERSHIP

a) To obtain conveyance from the Owner/ Promoter Builder, in accordance with the provisions of the Ownership Flats Act and the Rules made there under, of the right, title, and interest, in the land with building/ buildings thereon, the details of which are as hereunder :
The building / buildings known / numbered as _______ constructed on the plot / plots nos_______ / Survey no. _______ / CTS no _______ of _______  ( village / taluka ) admeasuring _______ sq. meters, more particularly described in the application for registration of the Society;

OR (APPLICABLE FOR PLOT PURCHASED TYPE SOCIETY )
a) To buy or take on lease a plot or plots nos_______/Survey no. _______ / CTS no _______ of _______ admeasuring _______ sq. mts. and to construct flats thereon for allotment to the Members of the Society for their authorized use.

OR
a) To purchase a building or buildings known as _______ Constructed on the plot / plots nos / survey no. / CTS no _______  of _______ admeasuring _______ sq. mts. for allotment of flats therein to the Members of the Society for their authorized use.

5. b. MANAGE

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

5. c. RAISE FUNDS

To raise funds for achieving the objects of the Society;

5. d. COMMUNITY ENGAGEMENT

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

5. e. COOPERATIVE EDUCATION & TRAINING

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

5. f. FULFILLMENT OF SOCIETY OBJECTS

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

Bye-law No. 1

1. a. NAME

The Name of the Society shall be _____________________________

1. b. NAME CHANGE

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

1. c. CLASSIFICATION

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

Bye-law No. 69

69. PREPARATION OF BILL AND PAYMENT OF SOCIETY CHARGES

The Secretary of the Society, shall prepare bill/demand notice in respect of the charges of the Society payable by Members on the basis of the bye-law No. 70 (a) and issue the same to all the Members on or before the date fixed by the Committee in that behalf. Every Member of the Society shall pay the amount mentioned in the bill /demand notice in full within such period as may be fixed
by the Committee.