FAQ

Bye-law No. 55

55. INSTANCES FOR MEMBERSHIP CESSATION  

The person shall cease to be the Member of the Society:
a. On his resignation from Membership of the Society having been accepted by the committee.
b. On transfer of all his shares and interest in the capital/property of the Society.
c. On his death.
d. On his expulsion from the Membership of the Society.
e. On being adjudged as an insolvent or legally disabled from continuing as Member.
f. If the whereabouts of the Member are not known for continuous seven years and if his shares & interest in the property/capital of the Society is not claimed by anybody else.
g. On cessation of right/title & interest of a Member in the property of the Society, by way of legal attachment or sale.
h. Any transfer if void as provided under bye law number 38 (d)
The Committee shall take further action in the matter as indicated in the bye-law No.61.

Bye-law No. 56

56. INSTANCES FOR CESSATION OF ASSOCIATE MEMBERSHIP

The person shall cease to be the Associate Member of the Society, when the Member, whose name stands first, ceases to be the Member of the Society or on the death of the Associate Member or on the acceptance of the resignation of the Associate Member by the Committee. However the associate member shall not cease to be Associate Member when the First Member ceases to be the member of the society if Associate Member holds title and interest in the property jointly with the member. The Committee shall take further action in the matter as indicated in the Bye-law No. 61.

Bye-law No. 32

32. PROCESS FOR APPLICATIONS & REVISIONS

A Member and/or Associate Member of the Society may by writing under his hand, in the prescribed form, nominate a person or persons to whom the whole or part of the shares and/or interest of the Member in the capital/property of the Society shall be transferred in the event of his death. The
acknowledgment of the nomination by the Secretary, shall be deemed to be the acceptance of the nomination by the Secretary. No fees shall be charged for recording the first nomination. A Member may revoke or revise his nomination, at any time, by making an application, in writing, under his hand, to the Secretary of the Society. The acknowledgment of the variation in nomination/ subsequent nomination by the Secretary, shall be deemed to be the cancellation of earlier nomination. Every revision of the nomination shall be charged a fee of Rs. 100/-

Bye-law No. 33

33. RECORDING APPLICATIONS & REVISIONS

On receipt of the Nomination form, or the letter for revocation of the earlier nomination, the same shall be placed before the meeting of the Committee held next after the receipt of the Nomination form, or the letter of revocation of the earlier nomination, by the Secretary of the Society for recording the same in the minutes of the Committee. Every such nomination or revocation thereof shall be entered in the register of nominations by the Secretary of the Society within 7 days of the meeting of the Committee, in which it was recorded.

Bye-law No. 38

38. e. REQUIRED DOCUMENTS & COMPLIANCE FOR SHARE TRANSFER

The Transferor / Transferee shall submit following documents and fulfill compliance as under:
i. application in the prescribed form, for transfer of his shares and interest in the capital/property of the Society, along with the Share Certificate;
ii. application in the prescribed form for Membership of the proposed Transferee ;
iii. resignation in the prescribed form Member / Transferor;
iv. Registered Agreement with Stamp Duty paid;
v. valid reasons for the proposed transfer;
vi. undertaking to discharge all the liabilities to the Society by Transferor;
vii. payment of the transfer fee of Rs. 500/-
viii. remittance of entrance fee of Rs. 100/- payable by the proposed Transferee;
ix. payment of amount of premium at the rate to be fixed by the General Body Meeting but within the limits as prescribed under the circular, issued by the Department of Co-operation / Government of Maharashtra, from time to time. No additional amount towards donation or contribution to any other funds or under any other pretext shall be recovered from transferor or transferee.
x. submission of ‘No Objection Certificate’, required under any law for the time being in force or order or sanction issued by the Government, any financing agency or any other authority;
xi. the undertaking / declaration in compliance with the provisions of any law for the time being in force, in such form as is prescribed under these bye-laws.

Note: The condition at sr. no. (ix) above shall not apply to transfers of shares and interest, of the transferor in the capital / property of the Society to the Member of his family or to his nominee or his heir / legal representative after his death and in case of mutual exchange of flats amongst the Members.

Bye-law No. 42

42. DISPOSAL OF APPLICATION BY MANAGING COMMITTEE

The procedure for disposal of applications for exchanges of flats as indicated in the bye-law No. 62 shall be followed by the Secretary and the Committee of the Society.

Bye-law No. 39

39. a. DISPOSAL OF SHARE TRANSFER APPLICATION

The procedure for disposal of applications for transfers of shares and/ or interest of Members in the capital/property of the Society as laid down under the bye-law No. 62 shall be followed by the Secretary and the Committee of the Society

39. b. ACCEPTANCE OR REJECTION OF APPLICATION 

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

39. c. DELAYED DECISION IS DEEMED ACCEPTANCE OF SHARE TRANSFER 

If the decision of the Committee/General Body meeting as the case may be, on the application for transfer of Shares and/or interest in the capital/ property of the Society is not communicated to the applicant within three months of its receipt, the transfer application shall be deemed to have been accepted and the transferee shall be deemed to have been admitted as a Member of the Society as provided under Section 22(2) of the Act.

39. d. UNAUTHORIZED TRANSFER IS VOID

Any transfer made in contravention of the Act, Rules or the Bye-laws shall be void and not effective against the Society

Bye-law No. 22

CONDITIONAL APPLICABILITY TO EXERCISE MEMBER RIGHTS

22. a.

A Member shall be entitled to exercise such rights as provided in the Act, Rules and Bye-laws. Provided that no Member shall exercise the rights of Member of a Society, until he has made such payment to the Society in respect of Membership, or acquired such interest in the Society.

22. b. 

Provided further that, in case of increase in minimum contribution of Member in share capital to exercise right of Membership, the Society shall give a due notice of demand to the Members and give reasonable period of time to comply with.

Bye-law No. 6

6. FEDERATION & BANK AFFILIATION

The Society, immediately after its registration, shall become a Member of the Co-op Housing Federation of the District / Ward / Taluka, of the District Central Co-operative Bank of the District, and shall pay sums, from time to time, payable by it, under the bye-laws of the respective organizations referred to above.

Bye-law No. 45

45. GOOD MAINTENANCE

Every Member shall keep his flat / unit in good maintenance

46.a. PERMISSION FOR ADDITION OR ALTERATION

No Member shall, without the previous permission of the Committee in writing, make any additions to or alterations in his flat.

46.b. APPLICATION FOR ADDITION OR ALTERATION

The Member, desirous of making any additions to or alterations in his flat shall make an application to the Secretary of the Society, giving all the required particulars. Further action on such application shall be taken by the Secretary and the Committee of the Society as provided under the Bye-law No. 65.

46.c. PERMISSION FOR STRUCTURAL CHANGES

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

Bye-law No. 22

22. c. ACTIVE MEMBERS

A Member shall be termed as an ‘Active Member’ if he / she fulfills the following conditions:
i. He / She has attended at least One General Body Meeting in previous consecutive period of five years, Provided that nothing in this clause shall apply to the member whose absence has been condoned by the General Body Meeting of the Society.
ii. He / She has purchased and owns Flat / Unit in the Society, and
iii. He / She has paid the Society Maintenance Service and other charges regularly

22. d. NON-ACTIVE MEMBERS

A Member who is not an ‘Active Member’ shall be ‘Non-Active Member’.

22. e. CLASSIFICATION & COMMUNICATION

Society shall classify the Members as ‘Active’ or ‘Non-Active’ Member at the close of every financial year.
i. Society shall communicate to every Non-Active Member about his classification, within a period of 30 days from 31st March of every year as prescribed under these By-laws as per Appendix
ii. In case of a dispute about classification of a Member being Active or Non-Active, an appeal shall lie with the Registrar within a period of 60 days from the date of communication of such classification.

22. f. RECLASSIFICATION

A ‘Non-Active Member’ can be reclassified as an ‘Active Member’ from the date he satisfies the conditions laid down under Byelaw no. 22 (c).