A Banking Account shall be opened by the Society in the nearest State or District Central Co-op Bank / a Scheduled Bank having awarded “ A “ Audit Class in last three consecutive years, Nationalized Bank, and in any other mode permitted by general or special order of the State Government, as provided under section 70 of the Act and the account shall be operated upon and all acquaintances and discharges shall be signed by the Secretary jointly with the Chairman or Treasurer
Such Structural Audit by Societies which are in Municipal Corporations limits shall be conducted by approved Engineers from the Corporations panel. In case of other Societies such structural audit shall be carried by the Govt. Approved Structural Engineers / Architect, and maintain record thereof
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.
157. d. APPOINTMENT OF ARCHITECT
The appointment of An Architect : In respect of redevelopment of Society buildings the procedure to be followed as per Government Resolutions (as amended from time to time) and provisions in Architect Act 1972.
157. e. APPOINTMENT OF ARCHITECT BY GENERAL BODY
If no appointment of an Architect is made by the Promoter, the meeting of the General Body of the Society shall appoint an Architect on such terms and conditions as it deems fit and as per the provisions of Architect Act 1972.
157. f. COMMITTEE ENTERS INTO CONTRACT WITH ARCHITECT
The Committee shall enter into the contract with the Architect, on the basis of
the terms and conditions approved at the meeting of the General Body of the
Society in that behalf as per the provisions of Architect Act 1972.
157. g. ARCHITECT PREPARES PLANS & FEASIBILITY REPORT
The Architect shall prepare the plans and estimate and feasibility report of the
construction of the building/buildings in consultation with the committee, which shall place the same before the meeting of the General Body of the Society. The Architect shall submit ,the plans as per the feasibility report of the construction of the building/buildings, approved by the meeting of the General Body of the Society to the Local Authority for sanction as per finally approved tenders.
154. a. GENERAL BODY APPROVAL FOR CONVEYANCE/DEEMED CONVEYANCE
The committee shall with the approval of General Body, take necessary steps for Conveyance/Deemed Conveyance of the land/building/buildings in favour of the Society.
151. a. APPOINTMENT IN GENERAL BODY MEETING
The Society shall appoint the Statutory Auditor in its General Body Meeting from the panel of Auditors approved by State Govt. and same Statutory Auditor shall not be appointed for more than two consecutive years. The Statutory Auditor shall submit his Audit Report as provided in section 81 of the Act.
151. b. ACCOUNTS TO BE AUDITED WITHIN 6 MONTHS
It shall be the responsibility of the Committee to get the Accounts Audited within a period of six months from the closure of financial year and in any case before issuance of Notice of the holding of the Annual General Body Meeting.
151. c. AUDITOR REMUNERATION DECIDED BY GENERAL BODY
The Remuneration of Auditors so appointed shall be decided by the General Body Meeting of the Society.
151. d. APPOINTMENT OF INTERNAL AUDITOR
The Society may, if it considers it necessary, appoint an internal Auditor, to audit the accounts of the Society, at the Annual General Body Meeting
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/-
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.
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.
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.
If the Committee or the General Body, as the case may be, rejects any applications, it shall record, in the minutes of its meetings, the reasons for rejection of the applications;
The Secretary of the Society shall communicate the decisions of the Committee or the General Body, as the case may be, to the applicants concerned within 15 days of the decisions of the Committee or the General Body, as the case may be, with reasons, where the applications are rejected by the Committee or the General Body, as the case may be, If the Society does not communicate the decision to the applicant within three months from the date of receipt of application for Membership; including nominal or associate Membership, the applicant shall be deemed to have been admitted as a Member as provided under Section 22(2) of the Act.
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
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.
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.
Any transfer made in contravention of the Act, Rules or the Bye-laws shall be void and not effective against the Society
All the applications for
(i) admission to Membership of the Society, including associate and nominal Membership,
(ii) approval to the transfers of Shares and interest in the capital/property of the Society,
(iii) intimation for subletting or giving flats or parts thereof on leave and license or care-taker basis,
(iv) permission for additions and alterations in flats,
(v) allotment of parking spaces and stilts,
(vi)permission for exchange of flats,
(vii) permission for holding, additional flats,
(viii) permission for assigning, mortgaging or creating charge or interest in fiats,
(ix) permission for use of terrace,
(x) complaint application of the members
(xi) for any other purpose provided under the byelaws but not specifically mentioned above,
shall be addressed to the Secretary of the Society.
Every application received by the Secretary shall be acknowledged by him.
The Member, desiring to have parking slot, may make an application to the Secretary of the Society giving necessary details. The procedure laid down under the bye-law No. 64 for disposal of applications, shall be followed by the Secretary and the Committee of the Society.
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.
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.
146. b. OWNERSHIP
The Society shall prepare and file Annual Returns as prescribed in the Act & the Rules. The Society shall file Annual Returns on or before 30th September of every year with the Registrar including the following matters, namely
i. Annual Reports of Societies activities.
ii. Societies Audited Statement of Accounts;
iii. Plans for surplus disposal as approved by the General Body of the Society;
iv. List of amendments to the Byelaws of the Society, if any;
v. Declaration regarding date of holding of its General Body Meeting and conduct of elections when due;
vi. Any other information required by the Registrar in pursuance of any of the provisions of the Act.
vii. List of Active and Non-Active Members.
viii. Every Society shall also file a Return regarding the name of the Auditor or Auditing Firm from a Panel Approved by a State Government in this behalf, appointed in the General Body Meeting together with his written consent within a period of one month from the date of Annual General Body Meeting.
ix. If the Society fails to intimate and file the Returns as provided by section 75(2A) and section 79(1B), the Registrar may cause Societies accounts to be audited by appointing an Auditor from the panel of Auditors.
167. REGULATE AMENITIES
The Committee shall regulate the operation of the lifts, solar water heaters taking into consideration the convenience of the majority of the Members of the
Society.
168. REGULATE OPEN SPACES
The meeting of the General Body of the Society may, after taking into consideration the location of the building or buildings of the Society and their surroundings and the open space available for playing games by the Members of the Society and their children, allow such games to be played during such hours as may be fixed by the meeting of the General Body of the Society and subject to such restrictions, charges and penalties as it may impose.
169. RESTRICTIONS ON SUBLETTING OPEN SPACES
The Society shall not let out or give on leave and license basis or permit any subletting, any open space available under the Staircases, Terraces/Open ground/Lawns/Club house/ Common Hall etc. to any person whether the Member of the Society or not, for any purpose whatsoever.
a. All open /common area meant for use of all Members for eg. staircase, steps,
landing areas, parking spaces, lift, corridor, and such other spaces, cannot be
occupied by any Member for his own use. The use of such areas shall be restricted to the cause for which these are meant. Any Member found to be violating the above condition by encroachment shall have to vacate the encroachment and further he/she shall pay an amount equal to five times the monthly maintenance charges per month for the period for which he/she has encroached such spaces and further Members must not carry out any constructions, structural changes over and above the sanctioned plan without prior permission of the Society and Concerned Municipal Authorities / Competent Authorities. Also Members must use the flat /unit for purpose it was meant/sanctioned. Any Member violating the above directives shall pay an amount equal to five times the monthly maintenance charges, per month with retrospective effect for the period for which such violation is existed.
170. TEMPORARY USE OF OPEN SPACES
Notwithstanding the provisions under the bye-law no. 168, the Committee may allow temporary use of the terrace or available open space of the Society’s building by any Member, on his written application, for any function, subject to such restrictions and on payment of such charges to the Society as the meeting of the General Body of the Society may decide. The committee may, with the previous permission of the Local Authority, if needed, allow exhibition of advertisement boards on any part of the building including terrace, on such terms and conditions as are approved by the General Body Meeting any Member /Members want to install a solar energy water heating systems or solar energy electrical system, then space shall be made available to such Member/Members on the terrace as per availability. The said systems may include
(i) Solar collector stand, hot water tank, cold water tank, stand for the tank and hot water pipeline etc,
(ii) Solar Panels, battery, inverter charging controller, cabling etc. for solar energy / electricity / photo voltaic devices / renewable energy devices If any application requesting to provide space for solar / renewable energy / energy efficiency devices is received, then it shall be binding on the Society to allocate space thereof as per the availability of the space in the Society’s premises.
159. a. REPAIRS AT SOCIETY’S COST
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
xxvii. Wi-fi setup of the Society
159. b. REPAIRS AT MEMBERS’ COST
All the repairs, not covered by the bye-law No. 159(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 the intimation to the Society.
The allotment of flats in the building/buildings of the Society shall be made to its Members on the basis of:
(i) the first come first served,
(ii) full payment of the demands, made by the Society from time to time or
(iii) by drawing lots as may be decided by the General Body Meeting.
The Secretary of the Society shall issue letters of allotment of flats in the prescribed form to the respective Members and obtain confirmation letters from them.
Where any Member fails to pay any calls made by the Society under the bye-law No. 75 (a), within the time allowed to him by the committee the allotment of flat made in his favour, shall stand cancelled and the Secretary of the Society, under instructions from the Committee, shall inform the Member accordingly. Where such cancellation has been made, the flat may be allotted to other applicant approved by .the committee, if a Member, whose allotment is cancelled, makes payment of the calls and Committee at its meeting may consider the matter regarding re allotment of any other flat to him if it is available for allotment
The Annual General Body Meeting of the Society shall be held on or before 30th September each year as provided under Section 75(1) of the Act. (as there is no provision for extension of time to hold AGBM)
In case of default in calling the Annual General Body Meeting as stipulated in bye-law 93(a) above, shall attract disqualification and action as provided under section 75(5) of the Act.
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