FAQ

Bye-law No. 60

60. RESTRICTIONS ON HOLDING MULTIPLE FLATS

Individual Member of the Society may hold more than one flat, in the building/s of the Society in his name or in the name of any of the Members of his family subject to the conditions as provided under the provisions of Section 6 of the “Act”.

Bye-law No. 61

61. LIABILITY OF MEMBER

The liability of a Member of the Society shall be limited to his shares-holding in the Society.

Bye-law No. 76

76. a. CRITERIA FOR CONDUCTING STRUCTURAL AUDITS

The Society shall cause to undertake the Structural Audit of the building as follows

i. for buildings aged between 15 to 30 years – once in 5 years

ii. for buildings aged more than 30 years – once in 3 years

Bye-law No. 18

18. MEMBERSHIP ELIGIBILITY OF CORPORATE BODIES

• A Firm registered under the Indian Partnership Act, 1932,
• A Company registered under the Indian Companies Act, 1949,
• A Society registered under the Societies Registration Act, 1860 or
• A Co-operative Society registered or deemed to be registered under the Maharashtra Co-op. Societies Act, 1960,
• A Local Authority,
• The State or Central Government,
• A Public Trust or
• any other Body Corporate, registered under the law for the time being in force, as provided under Section 22(1) (b), (c), (d), (e) and (f) of the Act

may be eligible for admission to Membership of the Society. However, admission of Firms and Companies to Membership of the Society and holding of flats by them shall be regulated in accordance with the notifications issued by the State Government from time to time under the Second Provision to Section 22 of the Act.

Bye-law No. 19

19. c. MEMBERSHIP CONDITIONS FOR CORPORATES

A Firm, Company, or any other Body Corporate, registered under any law for the time being in force, which is eligible to be a Member of the Society and has made an application for Membership of the Society in the prescribed form may be admitted as a Member by the Committee of the Society on complying with the following conditions:
i. applicant has sent, along with application for Membership of the Society, a certified copy of the agreement duly stamped entered into by it, with the Promoter(Builder) or transferor under Section 4 of the Ownership Flats Act.1963, with certified copy of resolution of the firm or company as the case may, authorizing to sign the application.
ii. applicant has paid, along with application for Membership, the full value of at least 10 shares and an entrance fee of Rs. 100/-.
iii. applicant has complied with the conditions mentioned in the notifications, issued by the State Government, from time to time, under the Second Proviso to Section 22 of the Act.
iv. applicant has furnished the undertakings / declarations in the prescribed forms required under any law for the time being in force along with the application for Membership.

Note : The conditions at (i) and (iii) shall not be applicable to the firm/ company of the Promoter Builder, applying for Membership of the Society in respect of the unsold flats.

Bye-law No. 171

171. COPYING FEES FOR DOCUMENTS

The Member of the Society, requiring copies of the documents shall pay copying fees and other charges at the rates mentioned against them :

1. Certified copy of the Approved Bye-laws of the Society – Rs. 5/- per page 

2. Amendment of the Bye-laws of the Society – Rs. 5/- per page 

3. Last Audited Balance Sheet of the Society – Rs. 10/- per page 

4. Application for Membership of the Society – Rs. 25/- 

5. Second and Subsequent Nomination by the Member of the Society – Rs. 100/-

6. Share Certificate of the Society (Duplicate) – Rs. 100/- 

7. List of Members of the Society – Rs. 10/- per page 

8. Correspondence / Documents (related to Member) – Rs. 10/- per page 

9. Minutes of the General Body Meetings & Committee Meetings – Rs. 10/- per page 

10. Indemnity Bond – Rs. 20/- 

11. Copy of Annual Returns and Periodicals – Rs. 10/- per page 

12. List of Active Members – Rs. 5/- per page 

13. Any other document as per section 32 of the Act – Rs. 5/- per page 

Bye-law No. 163

163. ACCOUNTING YEAR

The accounting year of the Society shall be that commencing on 1st April and ending on the 31st March of the subsequent year.

Bye-law No. 65

65. COMPOSITION OF SOCIETY CHARGES

The contribution to be collected from the Members of the Society, towards outgoing and establishment of its funds, referred to in these bye-laws as ‘the charges’ may be in relation to the following :

(i) Property Taxes,

(ii) Water Charges,

(iii) Common Electricity Charges,

(iv) Contribution to Repairs and Maintenance Fund,

(v) Expenses on repairs and maintenance of the lifts of the Society, including charges for running the lift.

(vi) Contribution to the Sinking Fund,

(vii) Service Charges,

(viii) Car Parking Charges,

(ix) Interest on the defaulted charges,

(x) Repayment of the installment of the loan and interest,

(xi) Non-occupancy Charges,

(xii) Insurance Charges,

(xiii) Lease rent,

(xiv) Nonagricultural tax

(xv) Education and Training Fund

(xvi) Election Fund

(xvii) Any Other Charges.

Bye-law No. 175

175. a. REDEVELOPMENT IN ACCORDANCE WITH GOVT RESOLUTION

Redevelopments of the Property / Building of the Society including vacant spaces shall be done strictly in accordance and confirmation with the Directions issued by the Government of Maharashtra vide Government Resolution no. CHS 2007/M.No. 554/14-S dated 03 January 2009, under section 79{A} of the Maharashtra Cooperative Societies Act 1960 (as amended from time to time).

Bye-law No. 172

172. COMPLAINT APPLICATION TO OFFICE BEARERS

Member/Members shall submit their complaint application to any of the Office bearers of the Society, in writing, giving thereby the details of the complaint.

Bye-law No. 173

173. COMMITTEE TAKES DECISION AND CONVEYS WITHIN 15 DAYS

After receipt of such, complaint application, the committee shall take decision
thereof, in the immediate next Managing Committee meeting. Such decision
shall be communicated to the concerned Member, within 15 days thereafter. 

Bye-law No. 174

174. ESCALATION OF COMPLAINT

If the Member/Members are not satisfied by the decision of the Committee, or does not receive any communication from the committee within 15 days, the complainant Member may approach below mentioned Competent Authority. 

Bye-law No. 73

73. SOCIETY’S COMMON SEAL

The Common Seal of the Society shall be in the custody of the Secretary of the Society and shall be used under the authority by means of a resolution of the Committee on the Deeds of conveyance, share certificate or any other documents, to which the seal is affixed on behalf of the Society, shall be attested by the Chairman, the Secretary and one Member of the Committee, authorised by the Committee in that behalf along with their name and designation

Bye-law No. 126

126. VENUE OF COMMITTEE MEETINGS

The Committee meeting shall be normally held in the premises of the Society. The quorum for Committee Meeting shall be as mentioned in Bye-law No. 113.
It shall not be competent for the Committee to transact any business unless
there is the quorum at the time of consideration of every item on the agenda of
the meeting of the Committee.

Bye-law No. 127

127. a. REQUIREMENT OF HOLIDING COMMITTEE MEETINGS

The Committee shall meet as often as necessary but at least once in a
month.

127. b. EMERGENCY RESOLUTINS IN COMMITTEE MEETINGS

In case of emergency, the Committee may place a resolutions and get the same passed by the Committee Members, however the same be placed before the next subsequent meeting.

Bye-law No. 16

16. CLASSES OF MEMBERS

The Membership of the Society shall consist of

(i) Members, including Associate Members and

(ii) Nominal Members

Bye-law No. 83

83. PAYMENT OF PARKING CHARGES

Every Member shall pay the for parking charges for the number of slots allotted to him / her at such rate as may be decided by the General Body of the Society at its meeting, irrespective of the fact whether he actually parks his vehicle or not.

Bye-law No. 139

139. CHAIRMAN HAS OVERALL SUPERINTENDENCE

The Chairman of the Society shall have the power of overall superintendence, control and guidance in respect of management of the affairs of the Society within the frame-work of the MCS Act 1960. Rule 1961 and the Bye-laws of the Society. In case of any emergency, the chairman of the Society may be competent to exercise any of the powers of the committee. However, while doing so he shall record the reasons thereof in writing Any decision, so taken by the chairman of the Society shall be got ratified in the next meeting of the Committee.

Bye-law No. 59

59. COMMITTEE RECORDS MEMBERSHIP CESSATION & COMMUNICATES DECISION

The Committee shall record the facts of cessation of Members’ Membership of the Society under the bye-law No. 55 and of Associate and Nominal Member’s Membership respectively under the bye-laws Nos. 56, 57 and 58, in the Minutes of its Meetings and accordingly the Secretary of the Society shall inform the concerned Members in writing within 7 days of the dates of such decision of the committee.

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. 119

119. a. CESSATION OF MEMBER OF THE COMITTEE

A person shall cease to be the Member of the Committee, if:
i. he has incurred any of the disqualifications mentioned under the byelaw
No. 116 or ;
ii. he has failed to attend any three consecutive monthly meetings of the
Committee, without leave of absence.

119. b. INTIMATION OF CESSATION OF COMMITTEE MEMBERSHIP

If a Member of the Committee attracts any of the disqualifications under the bye law no. 119 (1), the Committee shall record the fact in the minutes of its meeting and the Secretary of the Society shall inform the Member and Registrar accordingly. Such Member shall cease to be the Member of Managing Committee on the order of the Registrar

Bye-law No. 147

147. PROCEDURE FOR CASH HANDLING

Every paid employee, holding any office in the Society and handling cash and/or securities of the Society, shall furnish such security, as is provided under Rule 107B of the MCS Rules 1961.

Bye-law No. 96

96. CALLING A SPECIAL GENERAL BODY MEETING

A Special General Body Meeting of the Society may be called at any time at the instance of the Chairman or by the decision of the majority of the Committee and shall be called within one month of the date of the receipt or requisition, in writing signed by at least 1/5th of the Members of the Society or from the Registering Authority or from the Housing Federation, to which the Society is affiliated. The meeting so convened shall not transact any business, other than that mentioned in the Notice of the Meeting, fixing date, time and place for a Special General Body Meeting requisitioned.

Bye-law No. 97

97. KEEPING THE SGM REQUEST IN MCM

The requisition for the special general body meeting of the Society, under the bye-law no. 95 shall be placed within 7 days of its receipt, before the Meeting of the Committee, by the Secretary of the Society, for fixing the date, time and place for the Special General Body Meeting of the Society.

Bye-law No. 166

166. TO MAKE, ALTER OR ABROGATE A BYE LAW

No bye-law shall be made, altered or abrogated unless 

(i) a proposal to do so has been communicated to all Members 14 days before the Meeting of the General Body of the Society, at which it is proposed to be considered, and, 

(ii) the resolution is passed by not less than 2/3rd majority of the Members present and voting at the meeting of the General Body of the Society, and 

(iii) the making, alteration or abrogation is Approved and Registered by the Registering Authority.