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Bye-law No. 110

110. GENERAL BODY IS THE FINAL AUTHORITY

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.

Bye-law No. 142

142. LIST OF FILES TO BE MAINTAINED

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.

Bye-law No. 85

85. HOLDING THE FIRST GENERAL BODY MEETING

The First General Body meeting of the Promoters, who have signed the Application for Registration of the Society, shall be held within the period of three months of the date of the registration of the Society, as provided under Rule 59 of the Rules. It shall be the responsibility of the Chief Promoter Society to convene First General Body meeting within the stipulated period.

Bye-law No. 86

86. REGISTERING AUTHORITY CALLS FGM WHEN CHIEF PROMOTER FAILS 

On failure of the Chief Promoter of the Society to hold the First General Body meeting within the period mentioned in bye-law no 86, the Registering Authority shall cause it to be convened.

Bye-law No. 89

89. FGM PRESIDER RECORDS MINUTES

The person, who presides over the First General Meeting shall record the Minutes of the Meeting, sign them and hand them over to the Secretary of the Society elected at the first meeting of the Provisional Committee or nominated by the Registration Authority under the bye-law no. 88(b).

Bye-law No. 88

88. a. FUNCTIONS OF THE FIRST GENERAL BODY MEETING

At the First General Body Meeting of the Society, the following business shall be transacted :
i. Election of a President for the meeting,
ii. Admission of new Members (other than the promoters) who have applied for Membership of the Society.
iii. Receiving and Approving the Statement of Accounts, as prepared by the Chief Promoter of the Society, as on fourteen days prior to the date of the First General Meeting of the Society ( ie: as on the Date of Notice ).
iv. Constitution of a Provisional Committee until regular elections are held under bye-laws of the Society. The Provisional Committee shall have the all powers and functions as that of the Committee elected in accordance with the Act, Rules & Bye-laws.
v. Fixing the limit up to which funds may be borrowed.
vi. Authorising the Committee to secure conveyance of the right, title and interest in the property in the name of the Society, from the Promoter Builder,
vii. Appoint an Internal Auditor of the Society for the year, if necessary and fix his remuneration.
viii. Authorise One of the Members of the Provisional Committee to call the first meeting of the Provisional Committee,
ix. Consider affiliation of the Society as Member of the Housing Federation of the District and other institutions mentioned in bye-law no. 6,
x. Consider any other matter to be brought before the meeting with the permission of the Chair, excepting those requiring proper notice.

IN ADDITION FOLLOWING ARE APPLICABLE FOR PLOT-PURCHASED TYPE SOCIETY

xi. To review and approve the Report of the Chief Promoter of the Society regarding the work done and proposed to be done with reference to the financial and physical aspects of the scheme of
construction.

xii. To confirm the agreement for purchase of the plot/building for the Society entered into by the Chief Promoter of the Society with the vendors.
xiii. To approve the site plan and the scheme of construction.
xiv. To confirm the appointment of Architect of the Society made by the Chief Promoter of the Society or to appoint an Architect if no such appointment is made by the Chief Promoter of the Society or to appoint a new architect in place of the one already appointed.

88.b. PROVISIONAL COMMITTEE NOMINATION BY REGISTERING AUTHORITY

Where the First General Meeting fails to elect a Provisional Committee, the Registering Authority shall be competent to Nominate such a Committee, including the Chairman and the Secretary of the Society for a period of one year.

Bye-law No. 50

50. a. PROCESS FOR EXPULSION OF A MEMBER

The cases of expulsion from the Membership of the Society shall be dealt with in the manner provided under Section 35 of the Act, read with Rule 28 and 29 of MSCS Rules.

50. b. EFFECT OF MEMBERSHIP EXPULSION

Expulsion from Membership may involve forfeiture of the shares held by the Member. Where the Committee decides that expulsions from Membership should also involve forfeiture of the shares, it shall make necessary reference to the proposed forfeiture of the shares in the notice to be issued under Rule 29 of the Rules.

Bye-law No. 49

49. GROUNDS FOR MEMBER EXPULSION

A Member may be expelled from the. Membership of the Society, if such a Member
a. has persistently failed to pay the charges due to the Society,
b. has willfully deceived the Society by giving false information,
c. has used his flat for immoral purposes or misused it for illegal purposes habitually,
d. has been in the habit of committing breaches of any of the provisions of the byelaws of the Society, which, in the opinion of the Committee are of serious nature,
e. has furnished false information or omitted to furnish the material information to the Registering Authority at the time of registration of the Society.
f. A Non-Active Member who does not attend at least one meeting of the general body in next five years from the date of classification as Non-Active Member

Bye-law No. 157

157. a. COMMITTEE’S REPAIR EXPENDITURE LIMIT

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 & above Members – Upto Rs. 1,00,000/-

157. b. GENERAL BODY APPROVAL FOR ABOVE EXPENDITURE LIMIT

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.

157. c. GENERAL BODY’S DECISION

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. 

Bye-law No. 158

158. CONSTRUCTION, REPAIRS & MAINTENANCE

Subject to the provisions of the bye-law no. 157 , 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.

Bye-law No. 154

154. c. EXECUTION AFTER GENERAL BODY APPROVAL

On approval of the Draft Deed by the General Body Meeting of the Society, the Committee shall execute it as per law.

Bye-law No. 117

117. CONDITIONS ON ELIGIBILITY TO BE MANAGING COMMITTEE

No person shall be eligible for being elected as a Member of the Committee or co-opted on it, if :

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

Bye-law No. 17

17. a. ELIGIBILITY FOR MEMBERSHIP

No individual shall be admitted as a Member of a Society except the following that is to say:
i. Individual who is competent to contract under the Indian Contract Act, 1872;
ii. a Firm, Company or any other Body Corporate constituted under any Law for the time being in force, or a Society registered under the Societies Registration Act, 1860;
iii. a Society registered, or Deemed to be Registered, under the Act;
iv. the State Government or the Central Government;
v. a Local Authority;
vi. a Public Trust registered under any Law for the time being in force for the registration of such trusts;

17. b. MEMBERSHIP ELIGIBILITY OF MINOR OR PERSON OF UNSOUND MIND

A minor or a person of unsound mind, inheriting shares and/or interest of the deceased Member in the capital/property of the Society, or if nominated may be eligible for admission to Membership of the Society through his guardian or legal representative on an application in the prescribed form, along with undertakings/declarations, in the prescribed forms, mentioned in the application

17. c. ADMISSION TO MEMBERSHIP

Notwithstanding anything contained in these bye-laws, admission of a person to Membership of the Society directly or as a result of Transfer of Shares and interest of the existing Member, in the capital/property, of the Society, shall be subject to the approval of the concerned Competent Authorities such as the Collector of the District and the land grant terms as applicable, (provided if the Society has been given land by Government/CIDCO/MHADA/SRA” or any other authority )

Note (1) : “Family” means as defined under Bye law No. 3 (xxv)
Note (2) : Signatories to the application for Registration of the Society shall be Deemed to be the Members of the Society after its Registration.
Note (3): The number of Members in the Society shall be limited to the number of Flats/ Units constructed in the building/buildings. It shall be binding on the committee to restrict the Members to the extent of the number of Flats/Units in the Society.

Bye-law No. 115

115. a. HOLDING THE MANAGING COMMITTEE ELECTION

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.

115. b. CO-OPTING EXPERT DIRECTORS

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.

115. c. CO-OPTING FUNCTIONAL DIRECTORS

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.

115. d. GOVERNMENT CONTRIBUTION

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.

115. e. CONCLUSION OF MC ELECTION

The Election of the Society shall be conducted by the State Cooperative Election Authority under section 73CB

Bye-law No. 121

121. MANAGING COMMITTEE’S PERIOD OF TENURE

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. 

Bye-law No. 154

154. b. DEED OF CONVEYANCE/DEEMED CONVEYANCE

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.

Bye-law No. 160

160. a. BUILDING INSURED AGAINST NATURAL RISKS

The Society shall insure its building/s necessarily against risk of natural calamities, fire, flood, earthquake, third party liability and like

160. b. EMERGENCY PLANNING SCHEME

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.

160. b. iii. RESPONSIBILITY AGAINST CHILD LABOUR

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 of all 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. 

160. b. iv. RESPONSIBILITY TO ENSURE INJUSTICE TO WIDOWS

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.

Bye-law No. 161

161. RESPONSIBILITY TO PROTECT TREES

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. 

Bye-law No. 175

175. b. NEW DEVELOPER APPOINTMENT THROUGH GENERAL BODY

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.

Bye-law No. 75

75. a. FLAT IS DEEMED TO BE ALLOTTED ON PURCHASE

The Member, person/firm who had purchased the flat under an agreement under Section 4 of the Ownership Flats Act, or acquired interest in the flat on transfer of the same by existing Member with previous permission of the Society, shall be deemed to have been allotted the same flat by the Society subject to the terms and conditions set out in the letter of allotment in the prescribed form, including subsequent modifications made by the Society

Bye-law No. 118

118. CONSTITUTING THE MANAGING COMMITTEE POST ELECTIONS

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. 

Bye-law No. 107

107. DECISION MAKING BY MAJORITY VOTES

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.

Bye-law No. 152

152. SECRETARY RESPONSIBLE FOR MAKING ALL DATA AVAILABLE FOR AUDIT

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.