FAQ

Bye-Law No. 94: Timeline to Conduct AGM

94. a. AGM DEADLINE

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)

94. b. DISQUALIFICATION IF AGM DEADLINE IS DEFAULTED

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.

Bye-Law No. 95: Functions of the Annual General Body Meeting

The Annual General Body Meeting of the Society shall transact the following business :

a. to read the minutes of the last annual General Body Meeting of the Society and the Special General Body Meeting of the Society, if any, and to note the action taken thereon,

b. to receive from the committee, the Annual Report of its activities on the preceding co-operative years working, together with the statement of accounts in form ‘N’ prescribed under Rule 62(1) of the Rules, showing the Income And Expenditure during the preceding cooperative year and the

Balance Sheet as at the close of the preceding co-operative year.

c. to consider Audit Report, received from the Auditor appointed as provided in section 75(2A) of the Act for the previous co-operative year ,

d. to receive from committee the Audit Rectification Report and Action taken thereon

e. to place Annual Budget for the next Financial Year for consideration.

f. to appoint an Auditor, for the Audit, from the panel approved by State Government.

g. to receive from the Committee the Annual Return as stipulated in section 75(2) & 95 (1b)

h. to consider any other matters, specifically requiring decisions, concurrence or sanction of the General Body Meeting of the Society, by virtue of the provisions in the Act, Rules and the Bye-laws of the Society,

i. to consider any important communications received from the Registering Authority, the Statutory Auditor, Government, Collector, Local Authority or any other Competent Authority.

j. to declare date and conduct of election of its Committee when due,

k. to consider any other matter, with the permission of the Chair, excepting those requiring proper notice, after the regular agenda is over and which are permitted under the provision of the Act, Rules & Bye-laws.

Bye-Law No. 6: Affiliation to Federation & Bank

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. 101: Holding Adjourned General Body Meeting

If within half an hour after the time appointed for general body meeting of the Society, there is no quorum, the meeting, if convened upon the requisition of the Members, shall be dissolved. In any other case, it shall be adjourned to a later hour on the same day and at the same place, as may have been specified in the notice, calling the general body meeting of the Society or to a subsequent date, not earlier than 7 days and not later than 30 days and at such adjourned

general body meeting, the business on the agenda of the original general body meeting shall be transacted, whether there is requisite quorum or not

Bye-Law No. 102: Adjourning a General Body Meeting

If all the business on the agenda of the General Body Meeting of the Society cannot be transacted on the day on which the General Body Meeting is convened, the meeting shall be postponed to any other suitable date as may be decided by the Members present at the meeting, however not later than 30 days from the date of the meeting.

Bye-Law No. 45: Good Maintenance of Flat

Every Member shall keep his flat / unit in good maintenance

Bye-Law No. 46: Permission & Application for Structural Changes

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: Classification of Active-Inactive Members

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).

Bye-Law No. 3: Definitions

Unless otherwise separately provided in these bye-laws, the following words and terms shall have the meaning assigned to them here in:

i. ‘Act‘ means the Maharashtra Co-operative Societies Act; (MCS Act) 1960.

Bye-Law No. 3: Definitions

xxxiii. ‘Officer‘ means a person elected or appointed by a Society to any office of such Society and includes any office bearer such as a Chairman, Vice-Chairman, Chairperson, President, Secretary, Joint Secretary, Treasurer, Joint Treasurer, Member of the Committee, Manager, and any other person elected or appointed to give directions in regard to the business of such Society.

Bye-Law No. 3: Definitions

xxxii. ‘Functional Director‘ means and includes a Chief Executive Officer or Manager or by whatever designation called, Nominated by a Committee and discharges duties and functions as may be assigned to him by the Committee.

Bye-Law No. 3: Definitions

xxxi. ‘Expert Director‘ means and includes a person having experience in the field of Housing, cooperation and the field relating to the objects and activities undertaken by the Society.

Bye-Law No. 3: Definitions

xxx. ‘State Co-operative Election Authority‘ means an Authority constituted or nominated by the State Government for the purposes of superintendence, direction, and control of the preparation of the Electoral Roll for and conduct of the Elections of Committee of a Society or such class of Societies as may be notified.

Bye-Law No. 3: Definitions

xxviii. ‘Working Capital‘ means funds at the disposable of the Society inclusive of the paid up capital, share capital, funds created out of profits, and money raised by borrowing or by any other means. 

Bye-Law No. 3: Definitions

xxvii. ‘Premium‘ shall mean and include the amount payable to the Society by the Member, transferring his shares and interest in the capital/property of the Society, in addition to the transfer fee as provided under bye-law No. 38(e)(ix);

Bye-Law No. 3: Definitions

xxvi. ‘Transfer Fees‘ means the sum payable by a transferor to the Society for the transfer of his shares along with occupancy right as provided under the Bye-law No. 38(e)(vii).

Bye-Law No. 3: Definitions

xxv. ‘Family‘ means Group of persons which includes husband, wife, father, mother, sister, brother, son, daughter, son-in-law, brother-inlaw, sister-in-law, daughter-in-law, grandson /daughter.

Bye-Law No. 3: Definitions

xxix. ‘Authorized Person’ means a person duly authorized to take action under the provisions of this Act. 

Bye-Law No. 3: Definitions

xxiv. ‘Member‘ means a person joining in an application for the Registration of a Cooperative Housing Society which is subsequently registered, or a person duly admitted to Membership of a Society after Registration and who holds the right, title and interest in the property individually or jointly;

xxiv. a. ‘Active Member‘ means

i. One who has purchased and owns a Flat / Unit in the Society.

ii. One who attends at least one General Body Meeting of the Society in the previous five consecutive years. Provided that nothing in this clause shall apply to the members whose absence has been condoned by the General Body Meeting of the Society.

iii. Who has paid the Society Maintenance Service and other charges at least once in previous consecutive five years. 

xxiv. b. ‘Associate Member‘ means a Members who holds the right, title and interest in the property individually or jointly with others, but whose name does not stand first in the share certificate;

xxiv. c. ‘Nominal Member‘ means a person who does not hold the right, title and interest in the property individually or jointly admitted to Membership as such after registration;

Bye-Law No. 3: Definitions

xxiii. ‘Society‘ means the _____  Co-operative Housing Society Ltd registered under the Act.

Bye-Law No. 3: Definitions

xxii. ‘Common Areas and Facilities‘ means 

a. the land on which the building is located;

b. the foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors, lobbies, stair-ways, lifts / escalators , fire escapes and entrances and exits of the building;

c. the basements, cellars, yards, gardens, parking areas undemarcated / demarcated parking slots, and storage spaces;

d. the premises for the lodging of janitors or persons employed for the management of the property;

e. installations of central services such as power, light, gas, water storage and water heating, water harvesting, pump houses, refrigeration, air conditioning, generators, roof top solar devices, common antennas and mass communication and data sharing devices,

f. the elevators, tanks, pumps, motors, fans, compressors, ducts and in general all apparatus and installations existing for common use;

g. such community and commercial facilities as may have been provided for;

h. all other parts of the property necessary or convenient to its existence, maintenance and safety or normally in common use;

Bye-Law No. 3: Definitions

xxi. ‘Open terrace‘ means terraces which are otherwise not in the exclusive possession of any of the Members.