1. PRELIMINARY
    1. 1.(a) Name of the Society:
      The name of the Society shall
      be
    2. (b) Procedure for changing the name:
      The Society shall follow the procedure laid down under Section 15 of the Act and Rule 14 of the Rules for the change of its name. The society is classified under major class “Housing” with sub-class “Tenant Co-partnership Housing Society”.
    3. (c) Classification Address of the society:
      The society is classified under major class "Housing" with sub-class Classification "Tenant Co-partnership Housing Society".
    4. 2.(a) The registered address of the society shall be as under:
    5. (b) Address for Correspondence ( as decided by the Managing Committee):
    6. (c) Intimation of change in the address of the society.
      Any change in the registered address of the society shall be intimated by it to the Registering Authority and all others concerned within 30 days of such change.
    7. (d) Procedure for changing the address of the society
      Any change in the registered address of the society shall be made after the following procedure laid down in Rule 31of the Rules of 1961.
    8. (e) Exhibition of Name Board.
      The society shall exhibit at conspicuous place at the main entrance of the building, a Board indicating its name, registration number and the registered address.
  2. INTERPRETATIONS / DEFINITIONS
    1. 3. Interpretations of the words and terms:
    2. Unless otherwise separately provided in these bye-laws, the following and terms shall have the meaning assigned to them herein:
    3. (i)"Act"means the Maharashtra Co-operative Societies Act; (MCS Act) 1960;
    4. (ii)"Bye-laws"means the registered bye-laws of the society;
    5. (iii)"Chief Promoter"means the person who is elected by the Promoters, in their first meeting, or in their subsequent meetings in case the post of the Chief Promoter lies vacant, till the first general meeting.
    6. (iv)"Committee"means the Committee of the members or other directing body to which the management of the affairs of the society is entrusted;
    7. (v)"......... Days" clear notice means the number of calendar days intervening between the day of posting the notice and the day of the meeting;
    8. (vi)"Flat" means a separate and self contained set of premises used or intended to be used for residence, or office, or showroom, or shop, or godown and includes a garage, or dispensary, or consulting room, or clinic, or flour mill, or the coaching classes, or palnaghar or beauty parlour, the premises forming part of building and includes an apartment;
    9. (vii)"Housing Society Federation" means the federation of co-operative housing societies, registered under the Act;
    10. (viii)"Ownership Flats Act" means the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963;
    11. (ix)"Papers" means all or any of items mentioned in the bye-laws Nos. 142 and 143;
    12. (x)"Parking Space" means open space within the premises of the society earmarked by it for parking of vehicles and includes a stilt, basement, podium, mechanized parking;
      1. a.‘Parking Slot’ means demarcated and numbered individual parking slot for a single vehicle (for four wheeler LMV or two wheeler) within the Parking Space available with the Society
    13. (xi)"Prescribed Form"means the form included in the Annexure II indicating the bye-law No. under which it is prescribed and the Appendix at which it is enclosed;
    14. (xii)"Promoter"means a person, who has signed the application for registration of the society.
    15. (xiii)“Promoter Builder" means a person who constructs or causes to be constructed a block or building of flats or apartments for the purpose of selling some or all of them to other persons, or to a company, Co- operative Society or other association of persons, and includes his assignees; and where the person who builds and the person who sells are different persons, the term includes both;
    16. (xiv)"Rules" means the Maharashtra Co-operative Societies Rules, 1961;
    17. (xv)"Reserve Fund" means the fund constituted under the provisions of Section 66(1) & 66(2) of the Act and the Bye- Law No. 12(i);
    18. (xvi)"Repairs and Maintenance Fund" means the fund constituted under the Bye-law No.13(a);
    19. (xvii)"Sinking Fund" means the fund constituted under the Bye-law No.13(c);
    20. (xviii)"Major Repair Funds" means a Fund created by the Society and constituted under Bye-law No. 13 (b), for the purpose of Major Repairs including Plastering, building of compound wall, pavement, total painting, reconstruction.
    21. (xix)"Municipal Act" means the Maharashtra Municipalities Act 1965 (Mah.XL of 1965);
    22. (xx)“Open space" means an Area, forming an integral part of the site, left open to sky;
    23. (xxi)"Open terraces" means terraces which are otherwise not in the exclusive possession of any of the members;
    24. (xxii)"Common Areas & Facilities" means
    25. (a) the land on which the building is located;
    26. (b) the foundations, columns, gurders, beams, supports, main walls, roofs, halls, corridors, lobbies, stairs-ways, fire escapes and entrances and exits of the building;
    27. (c) the basements, cellars, yards, gardens, parking areas and storage spaces;
    28. (d) the premises for persons employed for the management of the property;
    29. (e) installations of central services, such as power, light, gas, hot and cold water, heating, refrigeration, air conditioning and generators;
    30. (f) the elevators, tanks, pumps, motors, fans, compressors, ducts and in general all apparatus and installations existing for common use;
    31. (g) such community and commercial facilites as may have been provided for;
    32. (h) all other parts of the property necessary or convenient to its existence, maintenance and safety or normally in common use;
    33. (xxiii)“Society”means the ______________________________________________________
      Co-operative Housing Society Ltd.,
    34. (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;
      1. “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.
      2. “Associate Member” means a member who holds jointly a share of the Society with other member but whose name does not stand first in the share certificate.
      3. “Nominal Member” means a person admitted to membership after registration in accordance with the Bye-laws.
    35. (xxv)“Family” means group of persons, which includes husband, wife, father, mother, sister, brother, son, daughter, son-in- law, brother-in-law, sister-in-law, daughter-in-law, grandson/ daughter.
    36. (xxvi)“Transfer Fees” means the sum of 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).
    37. (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).
    38. (xxviii)"Working Capital" means funds at the disposal 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.
    39. (xxix)“Authorized Person” means a person duly authorized to take action under the provisions of this Act.
    40. (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.
    41. (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.
    42. (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.
    43. (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.
  3. AREA OF OPERATION
    1. 4. The area of operation of the Society
      The area of operation of the Society shall be confined to ______________________________
      Explanation:
    2. (i) For the societies in Bruhan Mumbai, insert City Survey Number / Gat Number and Ward in the gap.
    3. (ii) For the societies at other places, insert City Survey Number/ Gat Number and Muncipal Corporation /City/Village ________ Taluka _________ District
  4. OBJECTS
    1. 5. Objects of the society
      The objects of the society shall be as under:
    2. *(a) To obtain conveyance from the owner/Promoter (Builder), in accordance with the provisions of the Ownership Flats Act and the Rules made there under, of the right, title and interest, in the land with building/buildings thereon, the details of which are as hereunder: The building/buildings known/numbered as constructed to be reconstructed on the plot/plots Nos ____________ S. No / CTS No._____________ of admeasuring __________sq. metres, more particularly described in the application for registration of the Society.
    3. OR (APPLICABLE FOR PLOT PURCHASED TYPE SOCIETY)
    4. *(a) To buy or take on lease a plot or plots nos........ ..../Survey no. .......... .... / CTS no .................. of.............. admeasuring. .............. sq. mts. and to construct flats thereon for allotment to the Members of the Society for their authorised use.
    5. OR
    6. To purchase a building or buildings known as ..................... .......Constructed on the plot / plots nos / survey no. / CTS no............................of ................ admeasuring.................. sq. mts.for allotment of flats therein to the Members of the Society for their authorized use.
    7. (b) To manage, maintain and administer the property of the society
    8. (c) To raise funds for achieving the objects of the society
    9. (d) to undertake and provide, for on its own account or jointly with co- operative institution, social cultural or recreative activities.
    10. (e) To do all things, necessary or expedient for the attainment of the objects of the society, specified in these bye-laws.
    11. (f) To do all things, necessary or expedient for the attainment of the objects of the Society, specified in these bye-laws.
  5. AFFILIATION
    1. 6. Affiliation of the society to other co-operative institutions.
      The Society, immediately after its registration, shall become a member of the Housing Federation of the District/Area, 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 organisations:referred to above.
  6. FUNDS RAISING, THEIR UTILISATION AND INVESTMENT
  7. A) Raising of Funds
  8. 7. Modes of raising the funds of the society. The funds of the Society may be raised in one or more of the following ways:
  9. (a) by entrance fees,
  10. (b) by issue of shares,
  11. (c) by loans and subsidies,
  12. (d) by deposits,
  13. (e) by voluntary donations, ( but not from Transferor and Transferee;)
  14. (f) by contributions towards cost of building or buildings,
  15. (g) by fee on transfer of shares, along with the occupancy right,
  16. (h) by premium on transfer of occupancy rights over the flats, [ As per G.R.]
  17. (i) by any other mode permitted under these bye-laws.
  18. (j) by corpus fund from the Developer. (However, such fund cannot be taken while transferring tenament, flats, and right of society to the capital)
  19. (k) by way of statutory requirement.
  20. (l) by way of non-occupancy charges, leasing / hiring of open spaces
  21. (m) by way of corpus fund, in case of redevelopment
  22. B) Share Capital.
  23. 8. Authorised share capital of the society:
    The authorised share capital of the Society shall be Rs _________ divided into __________ shares of Rs. 50 each.
  24. 9. Issue of share certificates to the members of the society.
    1. A share certificate, prescribed in bye-laws, bearing distinctive number and indicating the name of the member, the number of shares issued and the value paid thereon, shall be issued by the society to every member for the shares subscribed by him, within a period of six months of the allotment of the shares.
    2. The Committee of the Society shall issue a duplicate share certificate, “So Marked”, on application to its members on production of following documents.
      1. if the share certificate is lost - copy of police complaint lodged, and an affidavit in that regard.
      2. if the share certificate is soiled, burnt, torn, disfigured etc. affidavit in that regard.
  25. 10. Society's seal and signatures of office bearers on every share certificate.
    Every such share certificate shall bear the seal of the society and be signed by the Chairman, the Secretary and one member of the Committee, duly authorised by the Committee in that behalf. The same shall be issued by the Secretary of the society.
  26. C) Limit of Liabilities
  27. 11. Restriction on incurring liabilities by the society.
    Deposits from members and loans may be received by the society for such period and at such rate of interest and up to such amount and on such terms and conditions as may be determined by the committee, provided that at no time, the total amount of such liabilities shall exceed the limit prescribed under Rule 35 of the MCS Rules 1961
  28. D) Constitution of the Reserve Fund
  29. 12. How the Reserve Fund shall be constituted.
  30. (i) The Reserve Fund of the society shall comprise of-
  31. (a) The amounts carried to the said fund, from year to year, out of the net profit of that year, subject to the provisions of Section 66 (1) and (2) of the Act;
  32. (b) all entrance fees received by the society from its members;
  33. (c) all transfer fees received by the society from its members on transfer of the shares, along with the occupancy rights;
  34. (d) all premium received by the society from its members on transfer of their interest in the capital or property of the society;
  35. (e) all donations received by the society, except those received by it for the specific purpose.
  36. (ii) Appropriation of amount to the Reserve Fund of the society. The society shall, while finalising the account for the preceding Co-operative year, appropriate all amounts referred to in the bye-law No.12 (i) (b) to (e) to the Reserve Fund of the society.
  37. E) Creation of Other Funds
  38. 13. The society shall create and establish the following funds by collecting contributions from its members at the rates mentioned hereunder:
  39. (a)Creation of the Repairs and Maintenance Fund by the society.
  40. The repairs and maintenance Fund, at the rate fixed at the meeting of the general body from time to time, subject to the minimum of 0.75 per cent per annum of the construction cost of each flat for meeting expenses of normal recurring repairs.
  41. (b)Major repairs fund
  42. Major repairs fund, as and when required and decided by the general body at the rate fixed on area basis.
  43. (c) Creation of the Sinking Fund by the society.
  44. The sinking Fund at the rate decided at the meeting of the general body, subject to the minimum of 0.25per cent per annum of the construction cost of each flat, excluding the proportionate cost of the land.
  45. (d) To createEducation and Training Fund from contribution by the Members Rs 10 per month / per unit or as decided by the General Body.
  46. F) Utilisation of the Funds by the Society
  47. 14. The society may utilise its funds in the manner indicated below:
  48. (a)Reserve Fund:The reserve fund of the society may be utilised for the expenditure on repairs, maintenance and renewals of the Society's property.
  49. (b)Repairs and Maintenance Fund:The Repairs and Maintenance Fund may be utilised by the committee for meeting the expenditure on maintenance of the society's property and repairs and renewals thereof.
  50. (c)Sinking Fund:On the resolution passed at the meeting of the General Body of the society the Sinking Fund may be used by the society for reconstruction of its building/buildings or for carrying out such structural additions or alterations to the building/buildings, as in the opinion of the society's Architect, would be necessary to strengthen it/them or for carrying out such heavy repairs as may be certified by the Architect and on approval of General Body.
  51. (d) TheEducation & Training Fund be utilized as provided under section 24(A) of the Act Utilisation of all the Funds shall be with the specific prior approval of Society’s General Body.
  52. G) Investment of Funds
  53. 15. The funds of the society, when not employed in its business, may be invested or deposited as required under Section 70 of the Act. Provided that the sinking fund collections shall be invested on long term basis, along with the interest earned thereon by one of the modes permitted under the said section.