1. MEMBERS, THEIR RIGHTS, RESPONSIBILITIES AND LIABILITIES
  2. I.MEMBERSHIP
  3. (A)Classes of Members
    16. The membership of the society shall consist of (i) Members, including associate members and (ii) nominal members.
  4. (B)Eligibility for Membership
  5. 17.(a) No individual shall be admitted as a member of the society except for the following, that is to say-
  6. 1) Who is competent to contract under the Indian Contract Act, 1872;
  7. 2) a firm, co-operative society 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;
  8. 3) a society registered, or deemed to be registered, under the MCS Act 1960
  9. 4) the State Government or the Central Government;
  10. 5) a local authority;
  11. 6) a public trust registered under any law for the time being in force for the registration of such trusts.
  12. (b) 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.
  13. (c) “Notwithstanding anything contained in these bye-laws, admission of a person to membership of the Society direct 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 collector of the District, if the society has been given land by Government/CIDCO/MHADA. or any other authority for constructing houses thereon.
    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 constructed in the building. Excess members shall not have right, title or interest in the society’s property or shall not be eligible for voting. It shall be binding on the committee to induct the members to the extent of the number of flats.
  14. 18. A firm registered under the Indian Partnership Act, 1932, a company registered under the Indian Companies Act,1956, a Society registered under the Societies Registration Act, 1860 or a Co-operative Society registered under the Maharashtra Co-operative Societies Act, 1960, a local authority, the State/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(i) (b), (c), (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.
  15. (C) Conditions for Membership
  16. 19.(A) An individual who is eligible to be the member and who has applied for membership of the Society in the prescribed form, may be admitted as member by the committee on complying with the following conditions:
  17. (i) he has fully paid the value of at least ten shares of the society, along with his application for membership;
  18. (ii) he has paid the entrance fee of Rs.100/-, along with the application for membership;
  19. (iii) he has given the application in a prescribed form as prescribed the particulars in regard to any house, plot or flat owned by him or by any of the members of his family, anywhere in the area of operation of the society;
  20. (iv) he has given an undertaking in the prescribed form to the effect that he shall use the flat for the purpose for which it was purchased by him;
  21. (v) he has furnished undertaking in the prescribed form, if he has no independent source of income:
  22. (vi) he has sent, along with the application for membership of the society, a certified copy of the agreement, duly stamped entered into by him with the Promoter (Builder) or transferor under Section 4 of the Ownership Flats Act, 1963
  23. (vii) he has furnished such other undertakings/declarations, in the prescribed forms as are required under any law for the time being in force and such other information as is required under the bye-laws of the society along with the application for membership.
    Note : The conditions at (iii), (iv), (v) and (vii) above shall not be applicable in respect of the unsold flats.
  24. (B) An individual, a firm, a company or a body corporate, registered under any law for the time being in force, who/which is eligible to be an associate member and who/which has made an application in the prescribed form for such membership, along with the entrance fee of Rs. 100/- may be admitted as such member by the Committee.
  25. (C) 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 which has made an application for membership of the society in the prescribed form may be admitted as a member by the general body meeting of the society on complying with the following conditions:-
  26. (i) it has sent, along with the 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
  27. (ii) it has paid, along with the application for membership, full value of at least 20 shares and entrance fee of Rs. 100/-
  28. (iii) the firm or the company has complied with the conditions mentioned in the notifications, issued by the State Government, from time to time, under the Second provision to Section 22 of the MCS Act, 1960;
  29. (iv) the firm or the company 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.
  30. 20. A Sublettee, a licensee or a care-taker, or occupant who/which is eligible to be a nominal member and who shall apply through original member for such membership in the prescribed form, applicable to him/it, along with entrance fee of Rs. 100/- may be admitted as such member by the Committee.
  31. 21. The procedure for disposal of application for membership of the Society, as laid under the bye-law no. 65 (a) to (g) shall be followed by the Secretary and the Committee of the society.
  32. II. RIGHTS AND DUTIES OF MEMBERS
  33. (A) Rights of Member
    1. 22.a.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.
    2. b. 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.

      Active Member
    3. c. A Member shall be termed as an 'Active Member' if he/she fulfill the following conditions: viz.
    4. 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.
    5. ii. He/She has purchased and owns Flat / Unit in the Society, and
    6. iii. He/She has paid the Society Maintenance Service and other charges regularly
    7. d. A Member who is not an 'Active Member' shall be 'Non-Active Member'.
    8. e. Society shall classify the Members as 'Active' or ‘Non-Active' Member at the close of every financial year.
    9. 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 - -----
    10. 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.
    11. f. A 'Non ActiveMember’ can be reclassified as 'ActiveMember' from the date he satisfies the conditions laid down under Byelaw no. 22(c).
    12. (B) Getting Copy of the Bye-laws, Audit Report & Inspection of Books & Records and getting copies thereof
    13. 23.(a) A Member shall have right to inspect free of cost books, registers documents etc. as provided in Section 32 (1) of the Act and get copies of the documents as provided under Section 32 (2) of the Act, on payment of the fees prescribed under the bye-law No. 172.
    14. (b) A Member shall be entitled to receive a copy of the Approved Bye-laws, Audit Report of the Society, on payment of charges prescribed thereof. Active Member Inspect Society’srecord and getting copies thereof
    15. (C) Occupation of Flats
    16. 24.(a) The member, who is deemed to have been allotted the flat under the bye-law no. 76(a) of the Society shall have a right to occupy the flat subject to the terms and conditions set out in the letter of allotment in the prescribed form under the said bye-law.
    17. (b) The associate/nominal member may have a right to occupy the flat with the consent of the member and permission of the Society, subject to the conditions set out by the Society.
    18. (D) Restrictions on Rights of Associate and Nominal Members
    19. 25. No Associate Member shall have any rights or privileges of an active Member except as provided under Section 27(2) of the Act and he fulfills the conditions of bye-law 22(a)
    20. 26. A nominal Member shall have no rights such as Member.
    21. (E) Resignation of Membership
    22. (1) Resignation by a Member
    23. 27.(a) A member may resign his membership after giving three months notice, in the prescribed form to the Secretary of the Society as provided under Rule 21 (1) of the MCS Act, 1961.
    24. (b) No resignation of a member of the Society shall be accepted unless such member has made payment of the charges payable to the society in full.
    25. (c) Where any charges are found payable by the member of the Society, the Secretary of the society shall intimate the same giving full details and reasons of dues thereof to the member within 15 days of the receipt of the notice of resignation, advising him to make payment thereof within 30 days of the date of the intimation.
    26. (d) Where there are no charges of the society outstanding with the member, the Committee shall accept the resignation of the member and the Secretary of the Society shall communicate the same to the member within a period of 3 months from the date of the receipt of the notice of the resignation. If nothing is communicated during the said period, then it shall be deemed that resignation is accepted.
    27. (e) Where any resignation is rejected, the Committee shall record the reasons therefor and communicate the same to the member concerned within 3 months of the date of receipt of notice of resignation.
    28. (2) Resignation by an associate member
    29. 28. An Associate Member may resign his membership any time by writing the letter of resignation to the Secretary of the Society, through the member, with whom he held the shares of the Society jointly. The Secretary of the society shall place the letter of the resignation of the Associate member, before the meeting of the Committee, held next after the receipt of the letter of resignation, duly recommended by the member for acceptance by the committee. The decision of the committee, accepting the resignation of the Associate Member shall be communicated by the Secretary of the Society to the member and his associate member within 15 days of the decision by the committee. If the resignation is rejected, the committee shall record the reasons there of in the minutes of its meeting and the Secretary shall communicate the same to the member and his associate member within the time specified above. If the resignation is not granted within the said period then the same shall be deemed to be accepted.
    30. (3) Resignation by a Nominal Member, Occupying the flat on behalf of the Firm, Company or any other Body Corporate
      If there is a nominal Member, occupying the flat on behalf of a firm, company or any other body corporate, he/she may resign his nominal Membership, at any time, by writing the letter of the resignation to the Secretary of the Society through the firm, the company or any other body corporate, on whose behalf he is occupying the flat. The Secretary of the Society shall place the letter of resignation, before the meeting of the committee, held next after the receipt of the letter of the resignation of the Nominal Member, duly recommended by the firm, the company or any other body corporate for acceptance by the Committee. The decision of the Committee, accepting the resignation shall be communicated by the Secretary of the Society to the firm, company or the body corporate and the nominal Member, within 15 days of the decision by the Committee. If the resignation is rejected, the Committee shall record reasons therefor in the minutes of its meeting and the Secretary shall communicate the same to the firm, company or the body corporate and the nominal Member within the time specified above.
    31. (4) Resignation by a Nominal Member, who is Sub-lettee, Licensee,Caretaker etc.
      29. A sub-lettee, licensee, caretaker or possessor of a flat or ; part thereof, who has been admitted as a nominal member of the Society may resign his nominal membership at any time, by writing the letter of the resignation to the Secretary of the Society, through the member who has been permitted by the committee to sub-let, given on leave and licence or caretaker basis the flat or part thereof or part with its possession in any other manner. The Secretary of the Society shall place the letter of the resignation before the meeting of the committee, held next after the receipt of the letter of resignation duly recommended by the member concerned for acceptance by the committee. The decision of the committee, accepting the resignation shall be communicated by the Secretary of the Society to the member concerned and his sub-lettee the licensee, the caretaker, or as the case may be, the possessor of the flat or part thereof, within 15 days of the decision by the committee. If the resignation is rejected, the committee shall record reasons therefor in the minutes of its meeting and the Secretary of the Society shall communicate the same to the member concerned and his sub-lettee, licensee, or caretaker etc. within the time specified above. If the committee does not take any decision thereof within 3 months, then it shall be deemed that the resignation is accepted.

      30. On acceptance of the resignation of the member, under bye-law no. 27, the society shall acquire the shares and interest of the member in the capital/property of the Society and pay him the value thereof as provided under the bye-law no.66.
    32. (F) Nomination by Members
    33. 31. A 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 acknowledgement of the nomination by the Secretary, shall be deemed to be the acceptance or nomination by the Secretary. No fees shall be charged for recording the first nomination. A member may revoke or vary his nomination, at any time, by making an application, in writing, under his hand, to the Secretary of the Society. The acknowledgement of the variation in nomination/subsequent nomination by the Secretary shall be deemed to be the cancellation of the earlier nomination.Every fresh nomination shall be charged a fee of Rs. 100/-
    34. 32. On receipt of the nomination form, or the letter of 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.
    35. 33. Subject to the provisions of the Section 30 of the M.C.S Act, 1960, bye-laws Nos. 17A or 19, on the Death of a member, the society shall transfer the shares and interest of the deceased member in the Capital/ Property of the Society to the Nominee/Nominees and in the proportion with the shares and interest held by the deceased member, in case property is purchased by member and associate member jointly. In the event of death of the member, Nominee/Nominees shall submit the application for membership, within six months from the death of a member. If there are more than one nominee, on the death of a member, such nominees shall make Joint application to the Society and indicate the name of the nominee who should be enrolled as member. The other nominees shall be enrolled as Joint associate members unless the nominees indicate otherwise. The Nominees shall also file an indemnity bond in the prescribed form indemnifying the society against any claims made to the shares and the interest of the deceased member in the Capital/Property of the society by any of them, in case only one nominee is indicated by the Nominees for membership of the Society.
    36. Note:- In case of acquiring Membership on the basis of Nomination, such Member shall hold the flat / unit in 'trust' till all the Legal Heirs are brought on record and shall not have the right to ownership and shall not create third party interest or alienation in any way whatsoever.

    37. 34. Where a member of the Society dies without making a nomination, or no nominee comes forward for transfer, the society shall invite, within one month from the information of his death, claims or objections to the proposed transfer of shares and interest of the deceased member in the capital/property of the Society, by a public notice, in the prescribed form exhibited on the notice board of the society. It shall also publish such notice in at least two local news papers, having wide circulation. The entire expenses of publication of the notice shall be recoverable from the value of share and interest of the deceased member in the capital/ property of the society. After taking in to consideration the claims or objections received, in response to the said notice, and after making such inquiries as the committee considers proper, in the circumstances prevailing, the committee shall decide as to the person, who in its opinions, is the heir or legal representative of the deceased member. Such a person will be eligible to be a member of the Society subject to the provisions of the bye-laws Nos.17(a) or 19 provided that he gives an indemnity bond, along with his application for membership in the prescribed form, indemnifying the Society against any claims made to the share and interest of the deceased member in the capital/property of the society, at any time in future by any person. If there are more claimants than one, they shall be asked to make the affidavit as to who should become a member of the Society and such person, named in the affidavit shall furnish the indemnity bond as indicated above along with application for membership, referred to above. If, however, the committee is not able to decide as to the person who is the heir/legal representative of the deceased member or the claimants do not come to the agreement, as to who should become the member of the Society, the committee shall call upon them to produce succession certificate from the Competent Court. If, however, there is no claimant, the shares and interest of the deceased member in the capital/property of the Society shall vest in the society.
    38. 35. If there is a single nominee and if he demands payment of the value of shares and interest of the deceased member, in the capital/property of the society, the society shall acquire the same and pay him the value thereof as provided under the bye-law no. 66. If, however there are more nominees than one and if they demand payment of the value of the shares and interest of the deceased member in the capital/ property of the society, the society shall acquire the same and pay them the value thereof as provided under the bye law referred to above in the proportion mentioned in the nomination form. If no proportion is mentioned in the nomination form, the payment shall be in equal proportion.
    39. 36. If, in the opinion of the Committee, there is only one heir /legal representative of the deceased member and if he demands payment of the value of the shares and interest of the deceased member in the capital/ property of the Society, the Society may acquire the same and pay him the value thereof as provided under the bye-law No.66 after obtaining the indemnity bond referred to in the bye-law No.35. If in the opinion of the Committee, there are more heirs/legal representatives than one and if they demand payment of the value of shares and interest of the deceased member in the capital/property of the Society, the Society may acquire the same and pay them value thereof in equal proportion as provided under the bye law No.66, after obtaining the indemnity bond referred to in the bye-law no. 35, from all their heirs/legal representatives jointly.
    40. (G) Transfer of Shares and Interest in the Capital/Property of the Society
    41. 37.(a) A member, desiring to transfer his shares and interest in the capital/property of the Society shall give 15days notice of his intention to do so to the Secretary of the Society in the prescribed form, along with the consent of the proposed transferee in the prescribed form.
    42. (b) On receipt of such notice, the Secretary of the Society shall place the same before the meeting of the committee, held next after the receipt of the notice, pointing out whether the member is prima-facie eligible to transfer his shares and interest in the capital/property of the Society, in view of the provisions of Section 39 (2) (a) of the MCS Act 1960.
    43. (c) In the event of ineligibility of the member to transfer his shares and interest in the capital/property of the Society, the committee shall direct the Secretary of the society to inform the member accordingly within 8 days of the decision of the committee.
    44. (d) “No Objection Certificate” of the Society is not required to transfer the shares and interest of the transferor to the transferee. However in case such a certificate is required by the transferor or transferee, he shall apply to the society and committee of the Society may consider such a application on merit within one month.
    45. (e) The Transferor/ Transferee shall submit following documents and make the compliance as under:,
    46. (i) application for transfer of his shares and interest in the capital/property of the Society, in the prescribed form along with the original share certificate;
    47. (ii) application for membership of the proposed transferee in the prescribed form,
    48. (iii) resignation of outgoing member in the prescribed form byelaws No.27 (a) Appendix No. 13
    49. (iv) Registered agreement duly stamped.
    50. (v) valid reasons for the proposed transfer.
    51. (vi) undertaking to discharge the liabilities to the society by the transferor;
    52. (vii) payment of the transfer fee of Rs. 500/-.
    53. (viii) remittance of the entrance fee of Rs. 100/- payable by the proposed transferee.
    54. (ix) Payment of amount of premium at the rate to the fixed by the general body meeting but within the limits as prescribed under the circular, issued by the Department of Co-operation Goverment 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 tranferor or transferee.
    55. (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.
    56. (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 transfer 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 or a registered gift deed executed by the member.
    57. 38.(a) 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.65 shall be followed by the secretary and the committee of the Society.
    58. (b) A meeting of the committee or the general body, as the case may be, shall not refuse any application for admission to membership or transfer of shares and interest in the capital/property of the Society except on the ground of non compliance 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.
    59. (c) 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 3 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.
    60. (d) The transfer made in contravention of the Act, Rules or the bye-laws shall be void and not be effective against the society.
    61. 39. The transferee shall be eligible to exercise the rights of membership on receipt of the letter in the prescribed form from the Society; subject to the provisions of the MCS Act 1960 & Rules made thereunder.
    62. (H) Exchange of Flats
    63. 40. The members, desiring to exchange their flats, shall make a joint application to the Secretary of the society, containing the following details:
    64. (1) The names of the members concerned;
    65. (2) The distinctive numbers of their respective flats;
    66. (3) The carpet areas (in sq. meters) of their respective flats;
    67. (4) The building number / numbers and name / names of the building /buildings in which their respective flats are situated;
    68. (5) The reason for exchange of flats.
    69. 41. The procedure for disposal of applications for exchanges of flats as indicated in the bye-law no.65 shall be followed the Secretary and the Committee of the Society.
    70. (I) Sub-letting etc. of Flats
    71. 42.(1) A member shall intimate to the society, of subletting his flat or giving on leave and license basis or care taker basis or parting with its possession in any other manner, however the member shall submit a copy of leave and license agreement and copy of intimation report to the police station.
    72. (2) No permission of the Society is required to sublet the flat / shop. However the intimation needs to be given to the society 8 days before such subletting.
    73. 43. No Member of the Society shall assign, mortgage or create any charge on his occupancy right in the flat without the previous permission in writing of the Society. Provided that such permission of the Society will not be required for assigning, mortgaging or creating any charge on the occupancy right in the flat for the purpose of obtaining loan, either for purchase of the flat or for liquidating the liability incurred by him for the said purpose by way of loan or advance from the employer or the Member or from the Life Insurance Corporation of India or from a Bank or the Society or any other agency approved by the Commissioner for Co-operation and Registrar, C.S.M.S. Pune.
    74. RESPONSIBILITIES & LIABILITIES OF MEMBERS
      1. (A) Maintenance of Flats by Members Flats to be maintained
      2. 44. Every Member shall keep his flat / unit in good maintenance.
      3. 45.(a) No member shall, without the previous permission of the committee in writing, make any additions or alterations in his flat.
      4. (b) The member, desirous of making any additions 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.
      5. (c) No structural changes are permissible, without the prior permission of the concerned competent authority
      6. 46.(a) For facilitating discharge of functions mentioned under the bye-law no.156 by the Committee, every member shall allow the Secretary of the Society, accompanied by any other member of the Committee, to enter upon his flat with prior intimation to the Member, to examine its condition for ascertaining the repairs, if any, necessary. The Secretary of the Society shall make a report to the Committee, indicating therein the particulars of the repairs to be carried out by the society at its cost and those by the members at their cost.
      7. (b) On receipt of such report, the Committee shall ascertain the cost involved in the repairs, which are required to be carried to be carried out by the society at its cost as provided under the bye-law No.160(a) and cause the notice to be served on the member for such period as the Committee thinks adequate, of its intention to carry out the repairs and there-upon the member concerned shall allow the workmen engaged by the society directly or through its architect, access to his flat for carrying out the repairs. If the member concerned fails to give access to his flat, without reasonable and convincing reasons, the Secretary of the society shall have authority to enter upon the flat and carry out the work under the supervision of the member of the committee duly authorised by it in that behalf or the architect appointed by the society.
      8. (c) In respect of the repairs to be carried out by the member at his cost, the committee shall cause the notice to be served on the member, indicating therein, the particulars of repairs necessary at his flat and calling upon him to carry out the repairs to his flat to the satisfaction of the architect approved by the Society, if any, at his cost, within such period as the Committee may allow. On his failure to comply with the notice, the Secretary of the society or the architect appointed by the Society shall have authority to enter upon the flat and cause the repairs to be carried out after giving due notice to the member concerned. The amount spent by the society on such repairs shall be recoverable from the member concerned.
      9. 47. No member, without the previous permission of the committee, in writing, shall stock or store any kind of goods or materials, which are combustible, obnoxious or other goods, for the storing of which requires permit/sanction of the competent authority under any law relating thereto:
        1. No member, shall do or suffer anything to be done in his flat which may cause nuisance, annoyance or inconvenience to any of the members of the Society or carry on practices which may be repugnant to the general decency or morals of the members of the Society.
        2. It shall be competent for the committee either sou-moto or on receipt of the complaint from any member to take steps to stop all such practices referred to in the Bye-law No.50(a) forthwith.
      10. (B) Expulsion of a Member
      11. 48. A member may be expelled from the membership of the society, if such a member:
      12. (i) has persistently failed to pay the charges due to the Society,
      13. (ii) has willfully deceived the society by giving false information,
      14. (iii) has used his flat for immoral purpose or misused it for illegal purpose habitually,
      15. (iv) Has been in the habit of committing breaches of any of the provisions of the bye-laws of the Society, which, in the opinion of the Committee, are of serious nature,
      16. (v) Has furnished false information or omitted to furnish the material information to the Registering Authority at the time of registration of the Society.
      17. (vi) 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
      18. 49.(a) 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 Rules 28 and 29 of the MCS Rules 1961.
      19. (b) Expulsion from membership may involve forfeiture of the shares held by the member. Where the Committee decides that expulsion 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 MCS Rules 1961
      20. 50. The member, duly expelled from membership of the Society, shall cease to be the member of the society, with effect from the date on which the resolution of expulsion from the membership of the society is approved by the Registering Authority. The forfeiture of the shares may take effect simultaneously with expulsion. Handing over vacant possession of the flat by the expelled Member.
      21. 51. The member, who has been duly expelled from the membership of the Society, shall not be entitled to continue in occupation of his flat and he shall arrange to hand over peaceful and vacant possession of his flat to the Secretary of the Society within such period as the committee may allow. On his failure to do so, he shall be liable to be evicted from his flat.
      22. 52. If the meeting of the general body of the Society has decided not to forfeit the shares, the interest of the expelled member in the capital/property of the Society and the value thereof shall be acquired by the Society and the value thereof shall be paid to the expelled member, within 3 months of his handing over possession of his flat or his eviction from it, after following the procedure as laid down under the bye-law no.66 in respect of payment of the value of the shares and interest in the capital/property of the society acquired by the Society.
      23. 53. No member of the society, who has been expelled from its membership, shall be eligible for re-admission to membership in the society, until expiry of the period of one year from the date of his expulsion, provided that on the recommendations of the meetings of the general body of the Society, the expelled member may be readmitted to its membership, as a special case, before the expiry of the period of one year, with the prior permission of the Registering Authority.
      24. (C) Cessation of Membership
      25. 54. The person shall cease to be the member of the Society.
        1. on his resignation from membership of the Society having been accepted by the Committee.
        2. on transfer of all his shares and interest in the capital/property of the Society.
        3. on his death.
        4. on his expulsion from the membership of the Society.
        5. on being adjudged as an insolvent or legally disabled from continuing as member.
        6. If the where abouts of the member are not known for continuous seven years and if his shares and interest in the property/capital of the Society is not claimed by anybody else.
        7. On cessation of right/title and interest as a member in the property of the Society by way of legal attachment or sale. The committee shall take further action in the matter as indicated in the bye-law No. 61.
      26. 55. 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,
      27. 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.
      28. 56. If there is a nominal member, occupying the flat on behalf of the firm, company or any other body corporate he shall cease to be as such member of the Society.
      29. (i) on his death,
      30. (ii) on the acceptance of his resignation by the Committee,
      31. (iii) on cessation of membership of the original member on whose behalf he occupies the flat in the Society,
      32. (iv) on cessation of his nomination on account of expulsion of the original member,
      33. (v) on intimation from the original member of termination of the occupant's nomination, The Committee shall take further action in the matter as indicated in the bye-law no.58.
      34. Committee shall take further action in the matter as indicated in the bye-law no.58.
      35. 57. The nominal member, who is the sub-lettee, licensee or care taker or possessor in any other manner of the flat or the part thereof shall cease it be as such member of the Society:
      36. (i) on his death,
      37. (ii) on his resignation having been accepted by the Committee,
      38. (iii) on the cessation of the membership of the original member,
      39. (iv) On the expiry of the period for which the flat or part thereof was permitted to be sub-let, given on leave and license or care-taker basis or occupied in any other manner.
      40. Note: The words “original member” used in the by-laws Nos. 57, 58, 59 and 60 mean the member, with whom the associate member held the shares of the society jointly, the Firm, the Company or any other Body Corporate, on whose behalf the nominal member occupies flat in the society's building or the member who has been permitted to sub-let, give on leave and licence or caretaker basis his flat or part thereof or part with its possession in any other manner. The Committee shall take further action in the matter as indicated in the bye-law No. 58.
      41. 58. The committee shall record the facts of cessation of members membership of the society under the bye-law no.54 and of associate and nominal members membership respectively under the bye-laws Nos. 55, 56 and 57, in the minutes of its meetings and accordingly the Secretary of the Society shall inform the concerned members in writing within seven days of the dates of such decision of the Committee.
      42. (D) Restriction on Holding more than One Flat
      43. 59. 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 provision of Section 6 of the “Act”.
      44. (E) Liabilities of a Member and the Past Member
      45. 60. The liability of a member of the Society shall be limited to his shares holding in the Society
      46. 61. The liability of the past member of the society for the debts of the society, as they stood on the date of the cessation of his membership and the liability of the estate of the deceased member of the society for the debts of the society as they stood on the date of his death shall continue for the period of 2 years from the date of his cessation or death respectively as per the provisions of Section 33(1) of the Act.
      47. (F) Other Matters
      48. 62.(a) All the applications for
      49. (i) admission to membership of the Society, including associate and nominal membership
      50. (ii) approval to the transfer of Shares and interest in the capital/property of the Society,
      51. (iii) intimation for sub-letting or giving flats or parts thereof on leave and licence or care-taker basis,
      52. (iv) permission for additions and alterations in flats,
      53. (v) allotment of parking spaces and stilts,
      54. (vi) permission for exchange of flats,
      55. (vii) permission for holding additional flats,
      56. (viii) permission for assigning , mortgaging or creating charge or interest in flats,
      57. (ix) permission for use of terrace, and
      58. (x) for any other purpose provided under the bye-laws 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.
      59. (xi) complaint application of the members
      60. (b) On receipt of the applications, the Secretary of the society shall scrutinise them and bring any short comings therein to the notice of the members concerned within 15 days of their receipt for compliance.
      61. (c) The Secretary shall place all the applications, complete in all respects, or incomplete, before the meeting of the Committee or the general body, as the case may be held next after receipt of the applications.
      62. (d) The committee or the General Body, as the case may be, shall consider all such applications at its meetings and take decisions thereon;
      63. (e) The committee shall ensure that all the applications received by the Secretary of the Society are disposed off within the maximum period of 3 months from the dates of their receipt ; except application for subletting.
      64. (f) 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.
      65. (g) 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 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.
      66. 63. Wherever the question of payment of the value of the shares and the interest of any member of the Society, in its capital/property, as the result of acquisition of the same by the society arises, the following procedure shall be followed:
      67. (i) The value of Shares or interest in the share capital of the society shall be decided in accordance with the provisions of Section 29 read with Rule 23 of the MSCS Rules
      68. (ii) The interest of the expelled Member in the property/capital of the Society, shall be valued by the Government approved valuer.
      69. (iii) Within one month of the date of demand for payment of the value of the shares and interest in the capital/ property of the Society, or acquisition of the same by the Society, the committee shall, by publication of the notice in at least two widely circulated newspapers and exhibition thereof on the notice board of the Society, invite offers for price proposed to be paid for acquiring interest in the flat, within such period as is mentioned in the notice.
      70. (iv) On receipt of the offers, the committee, in its meeting, shall scrutinise the same and decide to accept the offer which is the highest, which shall not be less than the approved value as determined in (ii) above.
      71. (v) The committee shall then advise the person, offering the highest price, to make an application for membership of the Society, in the prescribed form, along with a demand draft for the price offered, value of 5 shares of the Society and the entrance fee of Rs. 100/-.
      72. (vi) On realisation of the demand draft and within one month of the admission of the said person to membership of the Society, the committee shall arrange to pay the value of the interest in the flat realised by the Society
        1. to the member whose resignation has been accepted by the Committee, or
        2. to the nominee/s legal heir/s of the deceased member who demanded payment of the value of the Shares and the interest in the capital or property of the society, or
        3. to the expelled member. together with the value of the shares as determined under (i) above, after deducting the following.
          1. Outstanding amounts, if any, due from such member:
          2. the entire expenses of the publication of the notice:
          3. Expenses incurred for the disposal of the interest of the member in the property/capital of the Society. The payment shall be made in the manner provided under the bye-laws Nos. 36, 37 and 55 to the nominee/ nominees or heir/heirs, respectively.
    75. LEVY OF CHARGES OF THE SOCIETY
    76. 64. The contribution to be collected from the members of the society towards outgoings and establishment of its funds, referred to in these bye-laws as 'charges' may be in relation to the following:
    77. (i)Property taxes,
    78. (ii)Water Charges,
    79. (iii)Common Electricity Charges,
    80. (iv) Contribution to Repairs and Maintenance Fund,
    81. (v) Expenses on repairs and maintenance of the lifts of the Society, including charges for the running the lift,
    82. (vi)Contribution to the Sinking Fund,
    83. (vii) Service charges,
    84. (viii) Car Parking Charges,
    85. (ix) Interest on the defaulted charges,
    86. (x) Repayment of the installment of the Loan and Interest,
    87. (xi) Non-occupancy Charges,
    88. (xii) Insurance Charges,
    89. (xiii) Lease Rent,
    90. (xiv) Non-Agricultural Tax,
    91. (xv) Education and Training Fund
    92. (xvi) Election Fund
    93. (xvii) Any Other Charges.
    94. 65. The service charges of the Society referred to at 64(vii)above shall include the following:
    95. (i)Salaries of the office staff, liftmen, watchmen, gardeners and any other employees of the Society.
    96. (ii)Where the Society has independent office, the property taxes, electricity charges, water charges etc. for the same,
    97. (iii)Printing, Stationery and Postage,
    98. (iv)Travelling Allowance and conveyance charges to the staff and the members of the committee of the Society,
    99. (v)Sitting fees paid to the members of the committee of the Society.
    100. (vi)Subscription to the Education Fund of the Maharashtra Rajya Sahakari Sangh Ltd.
    101. (vii)Annual Subscription of the Housing Federation and any other cooperative institution to which the Society is affiliated.
    102. (viii)Entrance Fees for affiliation to the Housing Federation and any other co-operative institution.
    103. (ix)Audit Fees for internal, statutory and Construction work reaudit, if any.
    104. (x)Expenses incurred at meetings of the general body, the Committee and the Sub-Committee, if any.
    105. (xi)Retainer fees, legal charges, statutory enquiry fees.
    106. (xii)Common electricity charges.
    107. (xiii)Any other charges approved by the General Body at its meeting. However such charges should not contradict the provisions of the Act, Rules and bye-laws of the Society.
    108. 66.(a) The Committee shall apportion the Share of each member towards the charges of the Society on the following basis:
    109. (i)Property taxes:As fixed by the Local Authority.
    110. (ii)Water Charges:On the basis of total number and size of inlets provided in each flat.
    111. (iii)Expenses on repairs and maintenance of the building/ buildings of the Society:At the rate fixed at 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.
    112. (iv)Expenses on repairs and maintenance of the lift, including charges for running the lift:Equally by all the members of the building in which lift is provided, irrespective of the fact whether they use the lift or not.
    113. (v)Sinking Fund:As provided under the bye-law no. 13(c).
    114. (vi)Service Charges:Equally divided by number of flats.
    115. (vii)Parking Charges:At the rate fixed by the general body of the Society at its meeting under the bye-law No. 84/85.
    116. (viii)Interest on the delayed payment of charges:At the rate fixed under the bye-law no. 72 to be recovered from the defaulter member.
    117. (ix)Repayment of the installment of the loan and interest:The amount of each installment with interest fixed by the financing agency.
    118. (x)Non-Occupancy charges:At the rate fixed under the bye-law no. 43(b)(iii).
    119. (xi)Insurance Charges:In the proportion the built up carpet areas of each flat, provided that if there is increase in the insurance premium due to storing any specific goods in any flat, used for commercial purposes, the extra burden of insurance premium shall be shared by those who are responsible for such increased premium in proportion of the built up areas of their flats.
    120. (xii)Lease Rent:The built up area of each flat/unit.
    121. (xiii)Non-Agricultural Tax: The built -up area of each flat/unit.
    122. (xiv)Education & Training Fund : Rs. 10 per Flat/unit per month.
    123. (xv)Election Fund : Equally by the Members and as prescribed by the Election Authority in the Rules
    124. (xvi)Any other charges : As may be decided by the General Body Meeting of the Society
    125. (b) The Committee shall fix in respect of every flat the Society charges on the basis laid down as under the bye-law no. 66 (a).
    126. 67.(a) (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)Sharing of the Society's Charges by the Members. at its meeting. Committee to fix Society's Charges in respect of every flat. 27Security 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.
    127. (b) All the repairs, not covered by the bye ­law No. 158 (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 intimation to the Society.
    128. 68. The Secretary of the Society, shall prepare bill/demand notice in respect of the charges of the Society payable by Members on the basis of the bye-law No. 70 (a) and issue the same to all the Members on or before the date fixed by the Committee in that behalf. Every Member of the Society shall pay the amount mentioned in the bill /demand notice in full within such period as may be fixed by the Committee.
    129. 69.a. A Member shall be deemed to have committed default in payment of the charges of the Society, if the payment mentioned in the demand notice/bill is not made within the period as prescribed under Section 73CA of the Act. The Secretary of the Society shall bring the cases of defaults in payment of the Society's charges to the notice of the Committee for taking further necessary action.
    130. b. In case of default by Member in payment of maintenance and service charges, the committee shall initiate a recovery proceeding under section 101 of the Act.
    131. 70. A Member shall be required to pay simple interest at twenty one percent per annum, or, at such lower rate as may be fixed by the General Body, on the outstanding dues to the Society, from the date the amount was due as prescribed under Bye-law no. 69, till full and final payment by the Member.
    132. INCORPORATION, DUTIES AND POWERS OF THE SOCIETY
    133. 71. The registration of the Society shall render it a body corporate by the name under which it is registered, with perpetual succession and common seal and with power to acquire, hold and dispose of the property, to enter into contracts and other legal proceedings and do all such things as are necessary for the purpose for which it is constituted.
    134. 72. 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.
    135. 73. The Society shall have a Charge on the shares and/or interest of a member, present or past, in the capital/ property of the Society and upon any dividend, bonus or profits, payable to a member in respect of any charges due from such member or past member to the Society and may set off any sum credited by or payable to a member, in or towards the repayment of such charges, as provided under Section 46 of the Act.
    136. 74.(a) The member, person/firm who had purchased the flat under any 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 to it.
    137. (b) 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.
    138. (c) Where any Member fails to pay any calls made by the Society under the bye-law No. 74(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.
    139. (d) No Member shall be eligible to get possession of the flat allotted to him unless he has made full payment towards shares, cost of construction, repayment of the loan instalments, which have fallen due and/or any other charges demanded by the Society, under these bye-laws.
    140. (e) No Member of the Society shall use the flat / unit deemed to have been allotted to him under (a) above, for a purpose other than that mentioned in the letter of allotment, without the previous consent in writing of the Committee.
    141. 75.(a) The Society shall cause the STRUCTURAL AUDIT of the building of the society as follows:
      (1) For the building ageing 15 to 30 years...................once in 5 years. (2) For the building ageing above 30 years................once in 3 years.
    142. (b) Such STRUCTURAL AUDIT shall be conducted by the Engineers from the panel of Municipal Corporations in case of the societies which are in the limits of Municipal Corporations. In case of other societies such structural audit shall be carried out by the Govt. Approved Engineer.
    143. (c) The Society shall undertake to carry out periodical Fire Audit of its property as per the State Fire Policy, and maintain record there of.
    144. (d) The Society shall carry out periodical Inspection of Lifts/Elevators and maintain record thereof
    145. 76. The committee shall, after getting occupation or completion certificate from the local authority, scrutinize the allotment register from time to time and issue instructions to the Secretary of the Society to hand over possession of flats to the respective Members who have complied with the provisions of the bye-law no. 17/19.

    146. 77.(a) The Society shall in the General Body meeting frame and adopt Parking Rules to regulate the Parking slots, in accordance with the Act and Rules there under.
    147. (b) The allotment of Parking Space shall be made by the Committee on the basis of "First Come First Served", for available parking slots However the Member shall have no right to sell or transfer the Parking Slot allotted by the Society.
    148. (c) No Member shall be entitled to utilize more parking slots than that officially allotted to him by the Society
    149. 78. Where any parking slots have been built or open space in the Society's compound is available for parking of cars, the Society shall number and demarcate the stilts and / or the open space in such a way that no inconvenience would be caused to any of the Members of the Society. The Committee shall ensure that the space is used by the Members for the purpose for which it is allotted to them.
    150. 79. A Member having a vehicle will be eligible to have parking slot. Normally no Member shall be eligible for being allotted more than one parking slot. The vehicles may be owned by him or allotted to him by his employer, or the firm of which he is the partner or the company of which he is the director. If any parking slots remain unallotted for want of applicants, additional parking slots may be allotted to such Members who already have a slot allotted to them in normal course. Such allotment of additional parking slots shall be made on year to year basis, provided the same are not required by other Members, who have not been allotted even a single parking slot.
    151. 80. In case the number of eligible Members for parking slots is in excess of the available parking slots, then the Managing Committee shall allot parking slots on annual basis by fair and transparent process, in concurrence with the General Body regulations.
    152. 81. The member, desiring to have a stilt or a parking space, may make an application to the Secretary of the Society giving necessary details. The procedure for disposal of applications for permission under the bye-law, as laid down under the bye-law No. 65, shall be followed by the Secretary and the committee of the Society.
    153. 82. Every member, who has been allotted the stilt or the parking space shall be required to pay the parking charges 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 motor vehicle or not.
    154. 83. Every member, having a scooter, a motor cycle, or an auto rickshaw shall obtain prior permission of the committee for parking his vehicle in the compound of the society and pay the charges fixed by the General Body of the Society at its meeting.
    155. GENERAL MEETINGS
    156. (A)First General Meeting
    157. 84. 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 3 months of the date of the registration of the Society, as provided under Rule 59 of the MCS Rules, 1961. It shall be the responsibility of the Chief Promoter of the Society to convene the said meeting within the stipulated period.
    158. 85. 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.
    159. 86. Clear fourteen days Notice of the First General Body Meeting of the Society shall be given by the Chief Promoter of the Society or as the case may be, by the Officer Authorized by the Registering Authority, to all the promoters, who have signed the application for Registration of the Society.
    160. 87. (a)At the first general meeting of the society the following business shall be transacted.
      1. Election of a President for the meeting,
      2. Admission of new members (other than the Promoters) who have applied for membership of the society.
      3. Receiving and approving the statement of accounts, as prepared by the Chief Promoter of the Society, up to 14 days prior to the date of first general meeting of the Society.
      4. Constitutions of a Provisional Committee until regular elections are held under bye-laws of the society. The Provisional Committee shall have the same powers and functions as the Committee elected in accordance with the bye-laws.
      5. Fixing the limit up to which funds may be borrowed.
      6. 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).
      7. Appoint internal auditor of the society for the year, if necessary and fix his remuneration;
      8. Authorise one of the members of the Provisional Committee to call the first meeting of the Provisional Committee.
      9. Consider affiliation of the Society as member of the Housing Federation of the District and other institutions mentioned in the bye-law no.6;
      10. Consider any other matter to be brought in the meeting with the permission of the Chair, excepting those requiring proper notice

      11. (IN ADDITION FOLLOWING ARE APPLICABLE FOR SOCIETY CONSTRUCTING FLATS FOR THEIR MEMBERS)

      12. 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;
      13. 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;
      14. To approve the site plan and the scheme of construction;
      15. To confirm the appointment of the 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.
    161. (b)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.
    162. 88. 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 Registering Authority under the bye-law No. 87(b).
    163. 89. The Chief Promoter of the society shall, immediately after election of the office-bearers of the society, at the first meeting of the Provisional Committee or its nomination by the Registering Authority under the bye law No. 87(b),hand over to the Chairman of the Society or any member of the Provisional Committee authorised by it in that behalf:-
      1. all records of the society, particularly the copy of the application for registration of the society, received back from the Registering Authority;
      2. the copy of the bye-laws of the society registered by the Registering Authority;
      3. the certificate of registration of the society;
      4. the challans of the credit of amounts into the bank
      5. the counterfoils of the used cheques and the used forms of the cheques;
      6. the bank pass books;
      7. the copies of all the agreements entered into by him with different parties;
      8. the statement of accounts as prepared by him;
      9. the applications for membership;
      10. the statement of information of the promoters;
      11. the vouchers for amount spent;
      12. the cash balance, if any;
      13. the site plan/ the scheme of construction (for plot purchase type)
      14. the minutes of the first general meeting of the society;
      15. the files of the correspondence with the Registering Authority, the Local Authority;
      16. and all such other records, also in digital form and assets of the Society as are in his possession, not withholding anything with him.
      17. prepare a documents handover report
    164. 90. The Provisional Committee or the Nominated Committee shall have the same powers and functions as the committee duly elected in accordance with the bye-laws of the society;
    165. 91. The Provisional Committee or the Nominated Committee shall be in office for a period of one year, or until the regular elections are held under the Bye-laws of the Society.
    166. 92. The Chairman of the Provisional Committee or the Nominated Committee shall hand over the charge of all the assets and papers of the Society to the Chairman of the newly elected Committee at the time of its first meeting, leaving nothing with him/them including the record mentioned under byelaw No. 89.
    167. (B)Annual General Body Meetings
    168. 93.(a) 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 ).
    169. (b) 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.
    170. 94. The annual general body meeting of the society shall transact the following business:
      1. 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.
      2. to receive from the Committee, the report on the preceding cooperative year's 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 co-operative year and the balance sheet as at the close of the preceding co-operative year.
      3. to consider Audit Report, received from the Auditor appointed as provided in section 75(2A) of the Act for the previous co-operative year
      4. to receive from committee the Audit Rectification Report and Action taken thereon
      5. to place Annual Budget for the next Financial Year for consideration.
      6. to appoint an Auditor, for the Audit, from the panel approved by State Government.
      7. to receive from the Committee the Annual Return as stipulated in section 75(2) & 95 (1b)
      8. 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,
      9. to consider any important communications received from the Registering Authority, the Statutory Auditor, Government, Collector, Local Authority or any other Competent Authority.
      10. 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.
    171. (c)Special General Body Meetings
    172. 95. 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.
    173. 96. The requisition for the Special general body meeting of the Society, under the bye-law No. 97 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.
    174. 97. The Committee shall decide the date, time and place of every general body meeting of the Society and the business to be transacted thereat; provided that the business to be transacted at the requisitioned special general body meeting shall be only that mentioned in the requisition. The notice convening the general body meeting shall be issued by the Secretary of the Society accordingly. On his failure to issue the notice, the Chairman shall issue it.
    175. 98. In case of the Annual general body meeting, 14 clear day's notice and in the case of the special general body meeting, 5 day's notice of the meeting shall be given to all the members of the Society, under intimation to the Federation and to the Registering Authority. In case of an emergency, the special general body meeting may be called even at a shorter notice, if the Committee unanimously decides to call a special general body meeting at a shorter notice. The agenda of such emergency meeting and the reasons of emergency for which the meeting is called shall be communicated in writing to all the members. Also the decision of such meeting shall be communicated in writing to all the members, within two days of such meeting.
    176. 99. The quorum for every general body meeting of the Society shall be 2/3rd of the total number of members of the Society or 20, whichever is less.
    177. 100. If within half an hour after the time appointed for the 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 a quorum or not.
    178. 101. If all the business on the agenda of the general body meetings of the Society cannot be transacted on the day on which the general body meeting is held, the meeting shall be postponed to any other suitable date, not later than 30 days from the date of the meeting, as may be decided by the members present at the meeting.
    179. 102. The Chairman of the Society shall preside over all General Body Meetings of the Society, in case if the Chairman is absent or if present and is unwilling to preside, the Members present may elect a person from amongst themselves to preside over the meeting.
    180. 103. No proxy or a holder of power of attorney or letter of authority shall be eligible to attend a general body meeting of the society on behalf of a member of the Society.
    181. 104. Voting right of a member and an associate member of the Society shall be regulated in accordance with the provisions of Sections 27 of the Act.
    182. 105. At the general body meeting of the society, every member of the society and in his absence, his associate member shall have one vote only. In case of equality of votes, the Chairman of the meeting shall have a casting vote.
    183. 106. Unless otherwise specifically provided under the MCS Act, 1960, the MCS Rules, 1961 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 those present and voting at the meeting
    184. 107. The committee shall finalise the draft minutes of every general body meeting of the society within 3 months of the date of the meeting and circulate the draft minutes amongst all the members of the society within 15 days of the meeting of the committee at which the draft minutes were finalised. The members of the society may communicate to the Secretary of the society, their observations, if any, on the draft minutes, within 15 days of the date of their circulation. The Committee, at its subsequent meeting, shall prepare the final minutes of the general body meeting after taking into consideration the observations, if any, made by the members on the draft minutes and cause them to be recorded in the minutes book, by the Secretary of the Society or any other person authorised in that behalf.
    185. 108. No resolution can be brought at a general body meeting of the society, cancelling its previous resolution, unless 6 clear months have expired, after passing of the previous resolution.
    186. MANAGEMENT OF THE AFFAIRS OF THE SOCIETY
    187. 109. Subject 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
    188. 110. The Management of the affairs of the Society shall vest in the Committee duly constituted in accordance with the provisions of the Act the Rules and the Bye-laws of the Society.
    189. 111. Subject to the direction given or regulation made by a meeting of the general body of the Society, the Committee shall exercise all powers, expressly conferred on it and discharge all functions entrusted to it under the bye-law No. 137
    190. 112. 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, , Nationalised 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.
    191. 113. The Committee shall consist of 5*/7/9/11 members of the Society. This strength includes the reservation of seats for women members as provided under Section 73 BBB of the Act.

    192. Note:*The strength of the managing committee and strength of the quorum for conducting the meeting would be as under:
    193. No of member of the Society Strength of the managing Committee

      Reserved

      Quorum for Meeting*
      General Women SC/ST OBC VJ/NT/SBC Total
      Upto100 6 2 1 1 1 11 6
      101 to 200 8 2 1 1 1 13 7
      201 to 300 10 2 1 1 1 15 8
      301 to 500 12 2 1 1 1 17 9
      501 and above 14 2 1 1 1 19 10

      *Quorum for the Meeting will be simple majority of the existing Committee Members

      114.a. 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.

    194. b. 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.
    195. c. 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.
    196. d. 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.
    197. e. The Election of the Society shall be conducted by the State Cooperative Election Authority under section 73CB.
    198. 115. No Officer of the Society shall have any interest, directly or indirectly, otherwise than as such officer: (a) in any contract made with the society.
    199. (b) in any property sold or purchased by the society.
    200. (c) in any other transaction of the society, except as investment made in or loan taken from the society for provision of residential accommodation by the society to any paid employee of the society.

    201. 116. No person shall be eligible for being elected as a member of the Committee or co-opted on it, if:
      1. He has been convicted of the offence, involving moral turpitude, unless the period of six years has elapsed since his conviction;
      2. he 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 post (under certificate of posting), demanding the payment of dues;
      3. he 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
      4. he has without the previous permission of the society, in writing, sublet his flat or part thereof or given it on leave and licence or caretaker basis or has parted with its possession in any other manner or has sold his shares and interest in the Society;
      5. in case of an associate member, non-submission of the no-objection certificate and undertaking, as prescribed under these bye-laws, by the member.
      6. he is not an Active Member.
    202. 117. 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, or where such election is held before the date of commencement of the Maharashtra Co-operative Societies, (Second Amendment) Act, 1966 (Mah. XXXVII of1986), and such number of members have been elected but the committee has, for whatever reason, not been so far constituted, forward their names together with their permanent address 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 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.
    203. 118.(1) A person shall cease to be the member of the committee, if :
    204. (a) he has incurred any of the disqualifications mentioned under the bye-law no. 116 or;
    205. (b) he has failed to attend any three consecutive monthly meetings of the committee, without leave of absence.
    206. (2) If a member of the Committee attracts any of the disqualifications under the bye-law no.118(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.
    207. 119. No member of the committee shall be present at the consideration of any matter, in which he is directly or indirectly interested.
    208. 120. 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.
    209. 121.(a) The first meeting of the newly elected and outgoing Committee shall be held within 30 days from the date of constitution of the new committee as per bye-law No. 117 and the provisions of Section 73AAA
    210. (b) Subject to the provisions of the bye-law no. 121(a), the Secretary of the outgoing committee shall issue notice of the first meeting of the newly elected committee and the outgoing Committee to the members thereof. On failure of the Secretary of the outgoing Committee to convene the said meeting, the Chairman of the outgoing Committee shall call it. On the failure of both, the Registering Authority call such a meeting.
    211. 122. All records of the society shall be kept at its premises, convenient to the Secretary, with the approval of the committee of the society.
    212. 123. When the new Committee is elected, the Secretary of the outgoing Committee shall prepare the list of papers and property of the society in his custody and hand over the charge thereof to the outgoing Chairman. The retiring Chairman shall hand over the charge of the office of the Committee and all papers and property of the Society, in his possession to the chairman of the new Committee, as per provisions contained in Section 160 of the MCS Act, 1960.
    213. Note: The word “paper” used in this bye-law and any other bye-law shall mean all or any items mentioned in the bye-law Nos.141 and 142 and data/information on digital form.
    214. 124.(a) Every Committee, at its first meeting, after its election, shall elect a Chairman, Secretary and Treasurer from amongst the members of the Committee.
    215. (b) The Chairman, Secretary and Treasurer of the society shall hold office for the period of 5 years from the date on which he is elected to be the Chairman or as the case may be by the Secretary and Treasurer, but not beyond the expiry of term of the Committee. Provided that he shall cease to be the Chairman, or as the case may be the Secretary or Treasurer of the society, if the motion of 'No Confidence' is moved in the special meeting of the Committee called, and presided by the Registrar or such officer not below the rank of a Assistant Registrar, upon the notice given by 1/3rds members of the Committee and the motion of 'No Confidence' is passed by 3/4th members present at such meeting, having attendance of at least 2/3rd members of the Committee who are entitled to vote at the election of such Chairman, Secretary and Treasurer. Provided further that another motion of 'No Confidence' shall not be brought against the Chairman or as the case may be the Secretary or Treasurer of the society unless the period of 6 months has elapsed from the date of the preceding motion of the 'No Confidence'.
    216. 125. 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
    217. 126.(1) The Committee shall meet as often as necessary but at least once in a month.
    218. (2) 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.
    219. 127. The Committee may fill a casual vacancy on the Committee by nomination out of a same class of Active Members in respect of which the casual vacancy has arisen as per section 73 CB and as per the instruction issued by State Co-operative Election Authority.
    220. 128. The Period of office of the co-opted member of the committee shall be coterminus with tenure of office of the Committee.
    221. 129. A member of the committee may, by a letter, addressed to the Chairman of the Society, resign his membership of the committee. The resignation shall be effective from the date it is accepted by the Committee or on expiry of the period of one month from the date of receipt of the letter of resignation by the Chairman or the Secretary of the society, whichever is earlier.
    222. 130.(a) The Chairman of the Society may resign his office as Chairman by a letter addressed to the Secretary of the Society.
    223. (b) The Secretary or Treasurer of the society may resign his office as Secretary or Treasurer by a letter addressed to the Chairman of the Society.
    224. (c) Chairman/Secretary/Treasurer's resignation will be effective only after its acceptance and handing over the charge to the newly elected Chairman/Secretary/Treasurer, as the case may be.
    225. (d) The Committee may accept the resignation of the office of the Chairman/Secretary/Treasurer only after it is satisfied that the Chairman or as the case may be the Secretary or Treasurer of the Society has brought upto date the work entrusted to him and has produced the entire papers and property of the Society, in his possession, before the Committee.
    226. (e) In case entire committee intends to resign, the resignations of the committee shall be placed before the General Body and such resignations shall be effective from the date of acceptance of such resignations by the General Body. This fact of acceptance of resignations of the entire Committee by the General Body, shall be communicated to the Registrar by the outgoing officers and Registrar may take necessary action as provided under section 77 A of the Act. However the existing Committee shall continue to carry on with only routine functioning of the Society, till alternate arrangement is made by the Registrar.
    227. 131. The Secretary of the Society shall give 3 clear days notice of even meeting of the Committee to all the members of the Committee, which shall state the date, time and place of the meeting and the business to be transacted thereat, in consultation with the Chairman of the Society. Where the Secretary of the Society fails to issue such a notice and agenda of any meeting of the Committee, the Chairman of the Society shall issue it. If the Chairman and the Secretary of the Society fail to issue a notice and agenda of any meeting of the Committee, the concerned Housing Federation, of which Society is affiliated, on its receipt of such information, may call such a meeting.

      132. The Chairman of the society shall preside over all the meetings of the committee, provided that if at any meeting of the Committee, he is absent, those members of the Committee present shall elect one of them to be the chairman, for that occasion, who shall preside over the meeting.

      133. Every member of the Committee shall have one vote. However, in case of equality of votes, the Chairman of the meeting will have a second or casting vote. All decisions shall be taken by majority of votes.

      134. On a requisition by 1/3rd of the members of the Committee, the Secretary of the society shall convene a special meeting of the committee within 7 days of the date of receipt of the requisition to discuss the matters mentioned in the requisition. On the failure of the Secretary of the society to convene such a meeting, within the time stipulated, the procedure laid down under the bye-law No.131 shall be followed.

      135. The Secretary of the society shall attend every meeting of the committee and record its minutes and place the same for confirmation before the next meeting of the committee, after the minutes are signed by the Secretary of the Society and the Chairman of the meeting. In the absence of the Secretary of the society, the Chairman of the Society shall make alternate arrangements for recording minutes of the meeting.

      136. The Members of the Committee shall be jointly and severally responsible for all the decisions taken by the committee during its term relating to the business of the Society. The Members of the committee shall be jointly and severally responsible for all the acts and omissions detrimental to the interest of the Society.

      137. Subject to the bye-law 111, the Committee shall exercise the powers and discharge the functions and duties as mentioned here under:

      Sr.No. Items of the powers,functions and duties The bye-law No. under which the power, Function or duty falls
      1. To consider acceptance of deposits from members and raising of funds. 11
      2. To consider and recommend to the meeting of the general body, the rates of contribution of the Repairs and Maintenance Fund and the Sinking Fund. 13(a)and 13(c)
      3. To consider all matters relating to the creation, investment and utilisation of the Repairs and Maintenance Fund, Reserve Fund and Sinking Fund. 12(i) and (ii) 14(a), (b) and (c), 15.
      4. To consider and decide the resignations received from members, associate members & nominal members. 27 to 30
      5. To ensure that nominations and revocations thereof are recorded in the minutes of the meetings of the Committee. 32
      6. To take action on the report of the Secretary on inspection of the flats. 146(b)
      7. To take action on cases of cessation of membership, including associate and nominal membership. 58
      8. To consider and decide the applications for various purposes received by the Society. 62
      9. To consider and decide cases of refund of shares & interest in the capital/property of the Society where the shares and interest in the capital/property are acquired by the society 63
      10. To fix the rate of insurance premium in respect of commercial use of flats. 66(a)(xi)
      11. To fix in respect of every flat the society's charges on the basis of the proportion laid down under the bye-laws 69(a). 66(b)
      12. To review the position of recovery of the charges due to the society from the members and to initiate action against defaulting members. 69
      13. To verify compliance of the provisions relating to charging of interest on defaulted charges of the society. 69
      14. To authorise a member of the committee to attest deed of conveyance, share certificates and any other documents to which the seal of the society is affixed. 72
      15. To issue letters of allotment of flats to those who have purchased flats from the Promoter (Builder). 74
      16. To make available papers of the society for perusal if asked for by the members 23
      17. To ensure holding of every annual meeting of the general body are kept on the agenda of the meeting. 93
      18. To ensure that all matters required to be considered at an annual meeting of the general body are kept on the agenda of the meeting. 93
      19. To call a special meeting of the general body when required. 95
      20. To arrange for election of a new Committee prior to the expiry of the period of the existing committee. 114
      21. To ensure that after elections new committee is duly constituted. 117
      22. To elect office-bearers of the society. 124
      23. To ensure that a meeting of the committee is held once in a month. 126
      24. To fill in vacancies of the Committee 127
      25. To consider resignation of a member of the Committee 129
      26. To consider resignation of an office bearer of the society. 130
      27. To obtain securities from the paid employees of the society. 146
      28. To approve the audit rectification reports of statutory and internal audits and to forward them to the authorities concerned. 152
      29. To execute deed of conveyance of the land and building / buildings thereon. 153
      30. To take steps to maintain the property of the society in good condition and to carry out repairs to it & renewals thereof. 154 & 157
      31. To insure the property of the society. 159
      32. To suggest to the general body meeting the rates of penalties for breaches of bye-laws and to issue show cause notices. 164
      33. To regulate operation of the lift of the society. 166
      34. To suggest to the meeting of the general body the games to be allowed to be played in the compound of the society. 167
      35. To consider and decide any other matters provided under the MCS Act 1960, the MCS Rules 1961 and the Bye-laws of the society but not expressly indicated herein above. 76 to 83
      36. To regulate parking in the society 77 to 83
      37. To ensure that the society is affiliated to Housing Federation and its subscription is regularly paid. 6
      38. To take the decision on the complaint application in the managing committee meeting and inform the concerned member of its decision accordingly. 172
      39. To enter into contract with the Architect of the society 156(f)
      40. To scrutinise the tenders, received for construction work and to submit the same along with Committee's report to the meeting of the General Body and to enter into contract with the contractor. 156(i)

      138. 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, MCS Rules, 1961 the rules 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 there of in writing. Any decision, so taken by the chairman of the society shall, be got ratified in the next meeting of the Committee.

      139. The functions of the secretary of the society shall be those mentioned below:

      Sr.No Items of the Powers,Functions and Duties The Bye-Law no.under which the Power,Function or Duty fails
      1. To issue share certificate to Members within the stipulated period and the prescribed manner 9 & 10
      2 to deal with resignations from Members including associate and nominal Members 27 to 30
      3. To enter nominations and revocations thereof in the Nominations Register 31
      4. To inspect the property of the Society 46(a)
      5. To issue notices regarding repairs to be carried out in flats 46(b)(c)
      6. To deal with cases of expulsion of Members 48 to 53
      7. To deal with cases of cessatiob of Membership including associate and nominal Membership. 54
      8. To deal with the applications for various purposes received by the Society. 63
      9. To prepare and issue demand notices/bills for payment to the Society's charges 68
      10. To bring cases of defaults in payment of the Society's charges to the notice of the Committee. 69
      11. To issue letter of allotment of flats 76(a)
      12. To issue notices and agenda of all meetings of the general body. 97
      13. To record the minutes of all the meetings of the general body. 107
      14. To call the first meeting of the newly constituted committee. 121(b)
      15. To issue notices of all the meeting of the Committee. 131
      16. To attend meeting of the Committee and to record minutes thereof 135
      17. To attend meeting accounts books,register and other records,unless otherwise decided by the committee. 142
      18. To finalize account of the Society in the required manner 145(b)
      19. To produce records of the Society before different authority concerned with the working of the Society with the consent of the Chairman. 151
      20. To prepare the audit rectification reports in respect of audit memos received from the Statutory and internal Auditors 152
      21. To bring breaches of the Bye-laws by the Members of their notices undr instructions from the committee and Penalties there to 164
      22. To discharge such other functions under the MCS Act 1960 the MCS Rules 1961 and the Bye-laws of the general body meetings,as are not expressly mentioned here in above
      23. To place the complaint application with facts before the committee,in the coming meeting. 174
    228. MAINTENANCE OF ACCOUNT BOOKS AND REGISTERS
    229. 140. The Society shall maintain the following books of accounts, records and the registers:

      1. The Register of Members in "I" form prescribed under Rule 32 of the MCS rules 1961.
      2. The List of Members in 'J' form prescribed under Rule 33 of the MCS rules 1961.
      3. The Cash Book,
      4. The Genera! Ledger,
      5. The Personal Ledger.
      6. The Sinking Fund Register.
      7. The Audit Rectification Register in 'O' form, prescribed under the MCS rules 1961.
      8. The Investment Register.
      9. The Nomination Register.
      10. The Society / Members Loan Register/Mortgage Register.
      11. The Minutes Book for the meetings of the Committee of the Society.
      12. The Minutes Book for the meetings of the General Body of the Society.
      13. The Property register and furniture, fixtures and office equipment.
      14. The Structural and Fire Audit Register and Lift Inspection Record
      15. The Register of Nominal Members (Tenant occupant)
      16. The Register for Active Members

      141. The Society shall maintain separate files for the following items:

      1. Applications for Membership.
      2. Applications for nominal / Associate Membership
      3. Letters of resignations of Membership including associate and
      4. Nominal Membership.
      5. Applications for transfer of shares and/or interest in the
      6. Capital /property of the Society.
      7. Cases of expulsion of Members.
      8. Nominations made by Members including revocations thereof.
      9. Separate file for correspondence entered into with each Member.
      10. Correspondence with the Co-Operative Registrar.
      11. Correspondence on Property Taxes including Non-agricultural taxes.
      12. Correspondence on common electric supply.
      13. Correspondence about Conveyance of the property.
      14. All Types of Agreements, with papers connected thereto.
      15. Approved plans of construction and correspondence thereon.
      16. Applications for allotment of parking spaces.
      17. Vouchers, along with the bills relating thereto arranged in order of entries in the cash book and the journal.
      18. Counterfoils of challans for credits of amounts into the bank, arranged in order of dates of credits.
      19. Counterfoils of cheques issued.
      20. Counterfoils of share certificates.
      21. Applications for duplicate share certificates.
      22. Application for registration of the Society, the copy of the bye-laws and amendments thereto.
      23. A certificate of registration fully framed.
      24. Counterfoils of receipts or carbon copies of receipts issued by the Society.
      25. Counterfoils of bills or carbon copies of bills for the Society's charges. xxvi. Correspondence about loan received and property of the Society mortgaged.
      26. Notices and Agenda of the Meetings of the Committee and general body of the Society.
      27. Periodical statements of Accounts prepared by the Society.
      28. Committee's annual reports on the working of the Society.
      29. Audit memos received from the Statutory Auditors, with rectification reports thereon.
      30. Audit reports received from Internal Auditors, with rectification reports thereon.
      31. Papers pertaining to the election of the Committee.
      32. Complaint from Members and correspondence thereof.

      142. Unless otherwise decided by the Committee, it shall be the responsibility of the Secretary of the society to maintain and keep upto date the account books, registers and other records mentioned under the bye-laws Nos. 140 and 141.

      143. The Secretary of the Society or the paid employee, authorised by the Committee in that behalf, may retain in his personal custody, at the close of every day, a sum, not exceeding Rs.5000 (Rupees Five Thousand only), for petty expenses. If due to avoidable circumstances, the cash on hand has exceeded the above limit, the excess cash shall be credited into the bank within the next 3 days by the Secretary or any other person authorised by the Committee to keep cash on hand.

      144. All payments in excess of Rs. 1500/- shall be made by means of crossed A/c Payee's Cheques.

      145.(a) Within 45 days of the close of every co-operative year, the Secretary of the society or any other person, authorised by the committee in that behalf, shall finalise the accounts of the preceding co-operative year, prepare the Receipts and Payments Statement, the Income and Expenditure Statement for the said year and the Balance Sheet as at the close of the said year in the forms prescribed under Rule 62(i) of the MCS Rules, 1961 along with the list of members, as at the close of the preceding co-operative year, with amounts to their credit in the share capital account and deposits if any, the schedules of investment, the debtors, the creditors, the furniture, the fixtures and the office equipments etc.

      (b) 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-

      1. Annual Reports of Societies activities.
      2. Societies Audited Statement of Accounts;
      3. Plans for surplus disposal as approved by the General Body of the Society;
      4. List of amendments to the Byelaws of the Society, if any;
      5. Declaration regarding date of holding of its General Body Meeting and conduct of elections when due;
      6. Any other information required by the Registrar in pursuance of any of the provisions of the Act.
      7. List of Active and Non-Active Members.
      8. 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.
      9. 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.

      146. 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