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Bye-law No. 23

23. a. SOCIETY BOOKS, REGISTERS & DOCUMENTS

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

23. b. BYE-LAWS & AUDIT REPORT

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

Bye-law No. 54

54. ELIGIBILITY OF EXPELLED MEMBER FOR READMISSION

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

Bye-law No. 7

7. MODES OF FUND RAISING

The funds of the Society may be raised in one or more of the following ways:
a. by entrance fees,
b. by issue of shares,
c. by loans and subsidies,
d. by deposits,
e. by voluntary donations, (but not from Transferor and Transferee)
f. by contributions towards cost of building or buildings,
g. by fee on transfer of shares, along with the occupancy right, assignment
h. by premium on transfer of occupancy right over the flats,
i. by corpus fund from Promoter Builder
j. by any other mode permitted under these bye-laws,
k. by way of statutory requirements.
l. by way of non-occupancy charges, leasing/hiring of open spaces
m. by way of corpus fund, in case of redevelopment 

Bye-law No. 51

51. MEMBERSHIP CESSATION & SHARES FORFEITURE

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

Bye-law No. 52

52. FORFEITURE OF FLAT POSSESSION

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

Bye-law No. 53

53. COMMITTEE DECIDES ON NON-FORFEITURE OF SHARES 

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

Bye-law No. 34

34. TRANSFER OF SHARES & INTEREST TO NOMINEE(S) POST MEMBER’S DEATH

Subject to the provisions of the Section 30 of MCS Act. 1960 bye-law No. 17A or 19, on the Death of a Member, the Society shall transfer the shares and interest of the deceased Member in the Capital/Property of the Society to the Nominee/Nominees and in proportion with the shares and interest held by the deceased Member, in case property is purchased by Member and associate
Member jointly. In the event of death of the Member, Nominee/Nominees shall submit the Application for Membership, within six months from the death of a Member. If there are more than one Nominee, on the death of a Member, such Nominees shall make Joint Application to the Society and indicate the name of the Nominee who should be enrolled as Member. The other nominees shall be enrolled as Joint/Associate Members unless the nominees indicate otherwise.
The nominees shall also file an Indemnity Bond in the prescribed form Indemnifying the Society against any claims made to the shares and interest of the deceased Member in the Capital/Property of the Society by any of them, in case only one nominee is indicated by the Nominees for Membership of the Society.

Note:- In case of acquiring Membership on the basis of Nomination, such Member shall hold the flat/unit in ‘trust’ till all the Legal Heirs are brought on record and shall not have the right to ownership and shall not create third party interest or alienation in any way whatsoever.

Bye-law No. 35

35. TRANSFER OF SHARES & INTEREST TO HEIR POST MEMBER’S DEATH

Where a Member of the Society dies without making a nomination, or no nominee comes forward for transfer, the Society shall invite within six month from the information of his death, claims or objections to the proposed transfer of Shares and interest of the deceased Member, in the capital/property of the Society, by a public notice, in the prescribed form, exhibited on the notice board of the the Society. It shall also publish such notice in at least two local news papers, having wide circulation. The entire expenses of publication of the notice shall be recoverable from the value of shares and interest of the deceased Member in the capital/property of the Society. After taking into consideration the claims or objections received, in response to the said notice, and after making
such inquiries as the committee considers proper in the circumstances prevailing, the committee shall decide as to the person, who in its opinion is the heir or legal representative of the deceased Member. Such a person will be eligible to be a Member of the Society subject to the provisions of the bye-laws Nos. 17(a) or 19, provided that he gives an Indemnity Bond along with his application for Membership in the prescribed form, indemnifying the Society against any claims made to the shares and interest of the deceased Member in the capital/ property of the Society, at any time in future, by any person. If there are more claimants than one, they shall be asked to make the affidavit as to who should become a Member of the Society and such person, named in the affidavit shall furnish the indemnity bond as indicated above along with application for Membership, referred to above. If however, the committee is not able to decide as to the person who is the heir/legal representative of the deceased Member or the claimants do not come to the agreement, as to who should become the Member of the Society, the Committee shall call upon them to produce succession certificate from the Competent Court. If, however, there is no claimant, the shares and interest of the deceased Member in the capital/property of the Society shall vest in the Society

Bye-law No. 77

77. OBTAINING POSSESSION CERTIFICATE FROM ALLOTTEE

The committee shall, after getting occupation or completion certificate from the local authority, scrutinize the allotment register from time to time and issue instructions to the Secretary of the Society to hand over possession of flats to the respective Members who have complied with the provisions of the bye-law no. 17 / 19.

Bye-law No. 84

84. PERMISSION FOR PARKING OTHER VEHICLES

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

Bye-law No. 70

70. a. REVIEW OF PAYMENT DEFAULTS

A Member shall be deemed to have committed default in payment of the charges of the Society, if the payment mentioned in the demand notice/bill is not made within the period as prescribed under Section 73CA of the Act. The Secretary of the Society shall bring the cases of defaults in payment of the Society’s charges to the notice of the Committee for taking further necessary action.

70. b. PAYMENT DEFAULT RECOVERY

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

Bye-law No. 62

62. LIABILITY OF A PAST MEMBER

The liability of the past Members of the Society for the debts of the Society, as they stood on the date of the cessation of his Membership and the liability of the estate of the. deceased Member of the Society for the debts of the Society as they stood on the date of his death shall continue for the period of 2 years from the date of his cessation or death respectively as per the provisions of Section 33(1) of the Act.

Bye-law No. 78

78. a. FRAMING AND ADOPTING PARKING POLICY

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

78. b. ALLOTMENT OF PARKING SPACES

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

78. c. PARKING USAGE RESTRICTIONS

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

Bye-law No. 80

80. ELIGIBILITY FOR PARKING SLOTS & THEIR ALLOTMENT

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

Bye-law No. 81

81. PARKING SLOTS ALLOTMENT WHEN ELIGIBILE MEMBERS>AVAILABLE SLOTS

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

Bye-law No. 28

28. ASSOCIATE MEMBER RESIGNATION

An Associate Member may resign his Membership any time by writing the letter of resignation to the Secretary of the Society, through the Member, with whom he held the shares of the Society jointly. The Secretary of the Society shall place the letter of the resignation of the Associate Member, before the meeting of the Committee, held next after the receipt of the letter of the resignation, duly recommended by the Member for acceptance by the Committee. The decision of the Committee, accepting the resignation of the Associate Member shall be communicated by the Secretary of the Society to the Member and his associate Member within 15 days of the decision by the Committee. If the resignation is rejected, the Committee shall record the reasons therefore in the minutes of its
meeting and the Secretary shall communicate the same to the Member and his associate Member within the time specified above.

Bye-law No. 29

29. NOMINAL MEMBER RESIGNATION (CORPORATE REPRESENTATIVE)

If there is a nominal Member, occupying the flat on behalf of a firm, company or any other body corporate, he/she may resign his nominal Membership, at any time, by writing the letter of the resignation to the Secretary of the Society through the firm, the company or any other body corporate, on whose behalf he is occupying the flat. The Secretary of the Society shall place the letter of resignation, before the meeting of the committee, held next after the receipt of the letter of the resignation of the Nominal Member, duly recommended by the firm, the company or any other body corporate for acceptance by the Committee. The decision of the Committee, accepting the resignation shall be communicated by the Secretary of the Society to the firm, company or the body corporate and the nominal Member, within 15 days of the decision by the Committee. If the resignation is rejected, the Committee shall record reasons therefor in the minutes of its meeting and the Secretary shall communicate the same to the firm, company or the body corporate and the nominal Member within the time specified above.

Bye-law No. 30

30. NOMINAL MEMBER RESIGNATION (RENTAL, ETC.)

A sub-letter, licensee, caretaker or possessor of a flat or part thereof, who has been admitted as a nominal Member of the Society may resign his nominal Membership at any time, by writing the letter of the resignation to the Secretary of the Society, through the Member who has been permitted by the Committee to sub-let, give on leave and licence or caretaker basis the flat or part thereof or
part with its possession in any other manner. The Secretary of the Society shall place the letter of the resignation before the meeting of the Committee, held next after the receipt of the letter of the resignation duly recommended by the Member concerned for acceptance by the Committee. The decision of the Committee, accepting the resignation shall be communicated by the Secretary
of the Society to the Member concerned and his sub-lettee the licensee, the caretaker, or as the case may be, the possessor of the flat or part thereof, within 15 days of the decision by the Committee. If the resignation is rejected, the Committee shall record reasons there for in the minutes of its meeting and the secretary of the Society shall communicate the same to the Member concerned and his sub-lettee, licensee or caretaker etc. within the time specified above.

Bye-law No. 13

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

13. a. REPAIRS & MAINTENANCE FUND

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

13. b. MAJOR REPAIRS FUND

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

13. c. SINKING FUND

The Sinking Fund at the rate decided at the meeting of the general body, subject to the minimum of 0.25 per cent per annum of the construction cost of each flat incurred during the construction of the building of the Society and certified by the Architect, excluding the proportionate cost of the land.

13. d. EDUCATION & TRAINING FUND

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

Bye-law No. 19

19. b. ASSOCIATE MEMBERSHIP CONDITIONS

An Individual, a Firm, a Company or a Body Corporate, registered under any Law for the time being in force, who/ which is eligible to be an Associate Member and who/which shall apply through Member in the prescribed form for such Membership, along with the entrance fee of Rs. 100/-, may be admitted as Associate Member by the Committee.

Bye-law No. 20

20. NOMINAL MEMBERSHIP CONDITIONS

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

Bye-law No. 21

21. DISPOSAL OF MEMBERSHIP APPLICATIONS

The procedure for disposal of Application for Membership of the Society, as laid under the bye-law No. 65 (a) to (g) shall be followed by the Secretary and the Committee of the Society.

Bye-law No. 76

76. c. FIRE AUDIT

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

76. d. LIFT AND ELEVATOR INSPECTION

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

Bye-law No. 4

4. AREA OF OPERATION

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

Explanation :
1) For the Society in the Brihan Mumbai insert City Survey no / Gat no. / Final Plot no / Ward no
2) For the Societies at other places, insert City Survey no / Gat no. / Final Plot no / Ward / Corporation- Municipal limits / Town / Village / Taluka / District 

Bye-law No. 64

64. d. OFFER SELECTION

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

64. e. NEW MEMBERSHIP APPLICATION

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

Bye-law No. 87

87. MINIMUM NOTICE PERIOD FOR CALLING FGM

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

Bye-law No. 57

57. INSTANCES FOR CESSATION OF NOMINAL MEMBERSHIP (CORPORATE BODY)

If there is a Nominal Member, occupying the flat on behalf of the firm, company or any other body corporate he shall cease to be as such Member of the Society :
a. On his death.
b. On the acceptance of his resignation by the Committee.
c. On cessation of Membership of the original Member on whose behalf he occupies the flat in the Society.
d. On cessation of his nomination on account of expulsion of the original Member.
e. On intimation from the original Member of termination of the occupants’ nomination.

The Committee shall take further action in the matter as indicated in the bye-law No. 59.

Bye-law No. 58

58. INSTANCES FOR CESSATION OF NOMINAL MEMBERSHIP (SUBLETTEE)

The Nominal Member, who is the sublettee, licensee or care-taker or possessor in any other manner of the flat or the part thereof shall cease to be as such Member of the Society:
a. On his death.
b. On his resignation having been accepted by the Committee.
c. On the cessation of the Membership of the original Member.
d. On the expiry of the period for which the flat or part thereof was permitted to be sub-let, given on leave and license or care-taker basis or occupied in any other manner.

Note : The words ‘original Member’ used in the bye-laws Nos. 55, 56, 57 and 58 mean the Member, with whom the Associate Member/s hold the shares of the Society jointly, the Firm, the Company or any other Body Corporate, on whose behalf the nominal Member occupies fiat in the Society’s
building or the Member who has been permitted to sub-let, give on leave and license or care-taker basis his flat or part thereof or part with its possession in any other manner. The Committee shall take further action in the matter as indicated in the bye-law No. 59.