FAQ

Bye-law No. 68

68. a. REPAIRS & MAINTENANCE CARRIED OUT BY SOCIETY

The following repairs and maintenance of the property of the Society shall be carried out by the Society at its costs:
(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

68. b. REPAIRS & MAINTENANCE CARRIED OUT BY MEMBER

All the repairs, not covered by the byelaw No. 158 (a) shall be carried out by the Members at their cost. The expenditure of the internal leakage due to toilet, sink etc. should be borne by concerned flat holders, with intimation to the Society

Bye-law No. 153

153. a. COMMITTEE PREPARES AND SUBMITS FORM O

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 ‘O’ 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

153. b. FAILURE TO SUBMIT RECTIFICATION REPORT IS AN OFFENCE

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. 

Bye-law No. 141

141. LIST OF RECORDS TO BE MAINTAINED

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 General 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

Bye-law No. 123

123. MAINTAINING RECORDS AT SOCIETY

All records of the Society shall be kept at its premises, convenient to the secretary, with the approval of the Committee of the Society.

Bye-law No. 124

123. RECORDS HANDOVER FROM OLD TO NEW COMMITTEE

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

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. 100

100. QUORUM FOR GENERAL BODY MEETING

The quorum for every general body meeting of the Society shall be 2/3rd of the total number of Members of the Society or 20, whichever is less

Bye-law No. 148

148. a. 25% OF PROFIT

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.

148. b. 75% OF PROFIT

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. 

Bye-law No. 133

133. CHAIRMAN PRESIDES OVER MC MEETING

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.

Bye-law No. 103

103. CHAIRMAN PRESIDES OVER ALL GENERAL BODY MEETINGS

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.

Bye-law No. 138

138. POWERS & FUNCTIONS OF THE MANAGING COMMITTEE

Subject to the bye – law 111 the Committee shall exercise the powers and discharge the functions and duties as mentioned hereunder.

(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 & 13.c)
3. To consider all matter relating to the creation, investment and utilization of the Repairs & maintenance, Reserve Fund and Sinking Fund. (12.i & ii, 14.a, b & 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)
9. 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 (63)

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 (69)
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. (72)
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 (93)
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 & 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)
35. 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)
38. 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)
40. 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)

Bye-law No. 91

91. POWERS OF THE PROVISIONAL COMMITTEE

The Provisional Committee or the Nominated Committee shall have all powers and functions as the committee duly elected in accordance with the Act, Rules & Bye-laws of the Society.

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. 144

144. ALLOWED PETTY CASH LIMIT

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

Bye-law No. 145

145. ALLOWED CASH EXPENSE LIMIT

All payments in excess of Rs.1500/- (Rupees Fifteen Hundred) shall be made by means of crossed a/c payee’s cheques.

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. 165

165. a. MAXIMUM PENALTY TO BE CHARGED

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.

165. b. GENERAL BODY CAN DECIDE TO PENALISE

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.