- 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.
- 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
- c. A Member shall be termed as an 'Active Member' if he/she fulfill the following
conditions: viz.
- i. He/She has attended at least One General Body Meeting in previous consecutive period of
five years, Provided that nothing in this clause shall apply to the member whose absence has
been condoned by the General Body Meeting of the Society.
- ii. He/She has purchased and owns Flat / Unit in the Society, and
- iii. He/She has paid the Society Maintenance Service and other charges regularly
- d. A Member who is not an 'Active Member' shall be 'Non-Active Member'.
- e. Society shall classify the Members as 'Active' or ‘Non-Active' Member at the close of
every financial year.
- i. Society shall communicate to every Non-Active Member about his classification, within a
period of 30 days from 31st March of every year as prescribed under these By-laws as per
Appendix - -----
- ii. In case of a dispute about classification of a Member being Active or Non-Active, an
appeal shall lie with the Registrar within a period of 60 days from the date of
communication of such classification.
- f. A 'Non ActiveMember’ can be reclassified as 'ActiveMember' from the date he satisfies the
conditions laid down under Byelaw no. 22(c).
- (B) Getting Copy of the Bye-laws, Audit Report & Inspection of
Books & Records and getting copies thereof
- 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.
- (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
- (C) Occupation of Flats
- 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.
- (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.
- (D) Restrictions on Rights of Associate and Nominal Members
- 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)
- 26. A nominal Member shall have no rights such as Member.
- (E) Resignation of Membership
- (1) Resignation by a Member
- 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.
- (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.
- (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.
- (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.
- (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.
- (2) Resignation by an associate member
- 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.
- (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.
- (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.
- (F) Nomination by Members
- 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/-
- 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.
- 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.
-
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.
- 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.
- 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.
- 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.
- (G) Transfer of Shares and Interest in the Capital/Property of the
Society
- 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.
- (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.
- (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.
- (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.
- (e) The Transferor/ Transferee shall submit following documents and make the compliance as
under:,
- (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;
- (ii) application for membership of the proposed transferee in the prescribed form,
- (iii) resignation of outgoing member in the prescribed form byelaws No.27 (a) Appendix No.
13
- (iv) Registered agreement duly stamped.
- (v) valid reasons for the proposed transfer.
- (vi) undertaking to discharge the liabilities to the society by the transferor;
- (vii) payment of the transfer fee of Rs. 500/-.
- (viii) remittance of the entrance fee of Rs. 100/- payable by the proposed transferee.
- (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.
- (x) submission of 'No objection' certificate, required under any law for the time being in
force or order or sanction issued by the Government, any financing agency or any other
authority.
- (xi) the undertaking/declaration in compliance with the provisions of any law for the time
being in force in such form as is prescribed under these bye-laws.
Note: The condition at Sr. No. (ix) above shall not apply to 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.
- 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.
- (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.
- (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.
- (d) The transfer made in contravention of the Act, Rules or the bye-laws shall be void and
not be effective against the society.
- 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.
- (H) Exchange of Flats
- 40. The members, desiring to exchange their flats, shall make a joint application to the
Secretary of the society, containing the following details:
- (1) The names of the members concerned;
- (2) The distinctive numbers of their respective flats;
- (3) The carpet areas (in sq. meters) of their respective flats;
- (4) The building number / numbers and name / names of the building /buildings in which their
respective flats are situated;
- (5) The reason for exchange of flats.
- 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.
- (I) Sub-letting etc. of Flats
- 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.
- (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.
- 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.
- RESPONSIBILITIES & LIABILITIES OF
MEMBERS
- (A) Maintenance of Flats by Members Flats to be
maintained
- 44. Every Member shall keep his flat / unit in good maintenance.
- 45.(a) No member shall, without the previous permission of the committee in writing,
make any additions or alterations in his flat.
- (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.
- (c) No structural changes are permissible, without the prior permission of the concerned
competent authority
- 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.
- (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.
- (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.
- 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:
- 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.
- 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.
- (B) Expulsion of a Member
- 48. A member may be expelled from the membership of the society, if such a member:
- (i) has persistently failed to pay the charges due to the Society,
- (ii) has willfully deceived the society by giving false information,
- (iii) has used his flat for immoral purpose or misused it for illegal purpose
habitually,
- (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,
- (v) Has furnished false information or omitted to furnish the material information to
the Registering Authority at the time of registration of the Society.
- (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
- 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.
- (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
- 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.
- 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.
- 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.
- 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.
- (C) Cessation of Membership
- 54. The person shall cease to be the member of the Society.
- on his resignation from membership of the Society having been accepted by the
Committee.
- on transfer of all his shares and interest in the capital/property of the Society.
- on his death.
- on his expulsion from the membership of the Society.
- on being adjudged as an insolvent or legally disabled from continuing as member.
- 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.
- 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.
- 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,
- 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.
- 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.
- (i) on his death,
- (ii) on the acceptance of his resignation by the Committee,
- (iii) on cessation of membership of the original member on whose behalf he occupies the
flat in the Society,
- (iv) on cessation of his nomination on account of expulsion of the original member,
- (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.
- Committee shall take further action in the matter as indicated in the bye-law no.58.
- 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:
- (i) on his death,
- (ii) on his resignation having been accepted by the Committee,
- (iii) on the cessation of the membership of the original member,
- (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.
- 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.
- 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.
- (D) Restriction on Holding more than One Flat
- 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”.
- (E) Liabilities of a Member and the Past Member
- 60. The liability of a member of the Society shall be limited to his shares holding in
the Society
- 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.
- (F) Other Matters
- 62.(a) All the applications for
- (i) admission to membership of the Society, including associate and nominal membership
- (ii) approval to the transfer of Shares and interest in the capital/property of the
Society,
- (iii) intimation for sub-letting or giving flats or parts thereof on leave and licence
or care-taker basis,
- (iv) permission for additions and alterations in flats,
- (v) allotment of parking spaces and stilts,
- (vi) permission for exchange of flats,
- (vii) permission for holding additional flats,
- (viii) permission for assigning , mortgaging or creating charge or interest in flats,
- (ix) permission for use of terrace, and
- (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.
- (xi) complaint application of the members
- (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.
- (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.
- (d) The committee or the General Body, as the case may be, shall consider all such
applications at its meetings and take decisions thereon;
- (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.
- (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.
- (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.
- 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:
- (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
- (ii) The interest of the expelled Member in the property/capital of the Society, shall
be valued by the Government approved valuer.
- (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.
- (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.
- (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/-.
- (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
- to the member whose resignation has been accepted by the Committee, or
- 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
- to the expelled member. together with the value of the shares as determined
under (i) above, after deducting the following.
- Outstanding amounts, if any, due from such member:
- the entire expenses of the publication of the notice:
- 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.
- LEVY OF CHARGES OF THE SOCIETY
- 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:
- (i)Property taxes,
- (ii)Water Charges,
- (iii)Common Electricity Charges,
- (iv) Contribution to Repairs and Maintenance Fund,
- (v) Expenses on repairs and maintenance of the lifts of the Society, including charges for
the running the lift,
- (vi)Contribution to the Sinking Fund,
- (vii) Service charges,
- (viii) Car Parking Charges,
- (ix) Interest on the defaulted charges,
- (x) Repayment of the installment of the Loan and Interest,
- (xi) Non-occupancy Charges,
- (xii) Insurance Charges,
- (xiii) Lease Rent,
- (xiv) Non-Agricultural Tax,
- (xv) Education and Training Fund
- (xvi) Election Fund
- (xvii) Any Other Charges.
- 65. The service charges of the Society referred to at 64(vii)above shall include the
following:
- (i)Salaries of the office staff, liftmen, watchmen, gardeners and any other employees of the
Society.
- (ii)Where the Society has independent office, the property taxes, electricity charges, water
charges etc. for the same,
- (iii)Printing, Stationery and Postage,
- (iv)Travelling Allowance and conveyance charges to the staff and the members of the
committee of the Society,
- (v)Sitting fees paid to the members of the committee of the Society.
- (vi)Subscription to the Education Fund of the Maharashtra Rajya Sahakari Sangh Ltd.
- (vii)Annual Subscription of the Housing Federation and any other cooperative institution to
which the Society is affiliated.
- (viii)Entrance Fees for affiliation to the Housing Federation and any other co-operative
institution.
- (ix)Audit Fees for internal, statutory and Construction work reaudit, if any.
- (x)Expenses incurred at meetings of the general body, the Committee and the Sub-Committee,
if any.
- (xi)Retainer fees, legal charges, statutory enquiry fees.
- (xii)Common electricity charges.
- (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.
- 66.(a) The Committee shall apportion the Share of each member towards the charges of the
Society on the following basis:
- (i)Property taxes:As fixed by the Local Authority.
- (ii)Water Charges:On the basis of total number and size of inlets provided in each flat.
- (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.
- (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.
- (v)Sinking Fund:As provided under the bye-law no. 13(c).
- (vi)Service Charges:Equally divided by number of flats.
- (vii)Parking Charges:At the rate fixed by the general body of the Society at its meeting
under the bye-law No. 84/85.
- (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.
- (ix)Repayment of the installment of the loan and interest:The amount of each installment
with interest fixed by the financing agency.
- (x)Non-Occupancy charges:At the rate fixed under the bye-law no. 43(b)(iii).
- (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.
- (xii)Lease Rent:The built up area of each flat/unit.
- (xiii)Non-Agricultural Tax: The built -up area of each flat/unit.
- (xiv)Education & Training Fund : Rs. 10 per Flat/unit per month.
- (xv)Election Fund : Equally by the Members and as prescribed by the Election Authority in
the Rules
- (xvi)Any other charges : As may be decided by the General Body Meeting of the Society
- (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).
- 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.
- (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.
- 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.
- 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.
- 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.
- 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.
- INCORPORATION, DUTIES AND POWERS OF
THE SOCIETY
- 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.
- 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.
- 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.
- 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.
- (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.
- (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.
- (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.
- (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.
- 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.
- (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.
- (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.
- (d) The Society shall carry out periodical Inspection of Lifts/Elevators and maintain record
thereof
- 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.
- 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.
- (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.
- (c) No Member shall be entitled to utilize more parking slots than that officially allotted
to him by the Society
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- GENERAL MEETINGS
- (A)First General Meeting
- 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.
- 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.
- 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.
- 87. (a)At the first general meeting of the society the following business shall be
transacted.
- Election of a President for the meeting,
- Admission of new members (other than the Promoters) who have applied for membership of
the society.
- 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.
- 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.
- Fixing the limit up to which funds may be borrowed.
- 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).
- Appoint internal auditor of the society for the year, if necessary and fix his
remuneration;
- Authorise one of the members of the Provisional Committee to call the first meeting of
the Provisional Committee.
- Consider affiliation of the Society as member of the Housing Federation of the District
and other institutions mentioned in the bye-law no.6;
- Consider any other matter to be brought in the meeting with the permission of the Chair,
excepting those requiring proper notice
(IN ADDITION FOLLOWING ARE APPLICABLE FOR SOCIETY
CONSTRUCTING FLATS FOR THEIR MEMBERS)
- 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;
- 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;
- To approve the site plan and the scheme of construction;
- 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.
- (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.
- 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).
- 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:-
- all records of the society, particularly the copy of the application for registration of
the society, received back from the Registering Authority;
- the copy of the bye-laws of the society registered by the Registering Authority;
- the certificate of registration of the society;
- the challans of the credit of amounts into the bank
- the counterfoils of the used cheques and the used forms of the cheques;
- the bank pass books;
- the copies of all the agreements entered into by him with different parties;
- the statement of accounts as prepared by him;
- the applications for membership;
- the statement of information of the promoters;
- the vouchers for amount spent;
- the cash balance, if any;
- the site plan/ the scheme of construction (for plot purchase type)
- the minutes of the first general meeting of the society;
- the files of the correspondence with the Registering Authority, the Local Authority;
- and all such other records, also in digital form and assets of the Society as are in his
possession, not withholding anything with him.
- prepare a documents handover report
- 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;
- 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.
- 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.
- (B)Annual General Body Meetings
- 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 ).
- (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.
- 94. The annual general body meeting of the society shall transact the following
business:
- 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.
- 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.
- to consider Audit Report, received from the Auditor appointed as provided in section
75(2A) of the Act for the previous co-operative year
- to receive from committee the Audit Rectification Report and Action taken thereon
- to place Annual Budget for the next Financial Year for consideration.
- to appoint an Auditor, for the Audit, from the panel approved by State Government.
- to receive from the Committee the Annual Return as stipulated in section 75(2) & 95
(1b)
- 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,
- to consider any important communications received from the Registering Authority, the
Statutory Auditor, Government, Collector, Local Authority or any other Competent
Authority.
- 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.
- (c)Special General Body Meetings
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- MANAGEMENT OF THE AFFAIRS OF THE
SOCIETY
- 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
- 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.
- 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
- 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.
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.
- Note:*The strength of the managing committee and strength of the
quorum for conducting the meeting would be as under:
| 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.
- 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.
- 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.
- 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.
- e. The Election of the Society shall be conducted by the State Cooperative Election
Authority under section 73CB.
- 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.
- (b) in any property sold or purchased by the society.
- (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.
- 116. No person shall be eligible for being elected as a member of the Committee or co-opted
on it, if:
- He has been convicted of the offence, involving moral turpitude, unless the period of
six years has elapsed since his conviction;
- 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;
- 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
- 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;
- in case of an associate member, non-submission of the no-objection certificate and
undertaking, as prescribed under these bye-laws, by the member.
- he is not an Active Member.
- 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.
- 118.(1) A person shall cease to be the member of the committee, if :
- (a) he has incurred any of the disqualifications mentioned under the bye-law no. 116 or;
- (b) he has failed to attend any three consecutive monthly meetings of the committee, without
leave of absence.
- (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.
- 119. No member of the committee shall be present at the consideration of any matter, in
which he is directly or indirectly interested.
- 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.
- 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
- (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.
- 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.
- 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.
- 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.
- 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.
- (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'.
- 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
- 126.(1) The Committee shall meet as often as necessary but at least once in a month.
- (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.
- 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.
- 128. The Period of office of the co-opted member of the committee shall be coterminus with
tenure of office of the Committee.
- 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.
- 130.(a) The Chairman of the Society may resign his office as Chairman by a letter addressed
to the Secretary of the Society.
- (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.
- (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.
- (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.
- (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.
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 |
- MAINTENANCE OF ACCOUNT BOOKS AND
REGISTERS
140. The Society shall maintain the following books of accounts, records and the
registers:
- The Register of Members in "I" form prescribed under Rule 32 of the MCS rules 1961.
- The List of Members in 'J' form prescribed under Rule 33 of the MCS rules 1961.
- The Cash Book,
- The Genera! Ledger,
- The Personal Ledger.
- The Sinking Fund Register.
- The Audit Rectification Register in 'O' form, prescribed under the MCS rules 1961.
- The Investment Register.
- The Nomination Register.
- The Society / Members Loan Register/Mortgage Register.
- The Minutes Book for the meetings of the Committee of the Society.
- The Minutes Book for the meetings of the General Body of the Society.
- The Property register and furniture, fixtures and office equipment.
- The Structural and Fire Audit Register and Lift Inspection Record
- The Register of Nominal Members (Tenant occupant)
- The Register for Active Members
141. The Society shall maintain separate files for the following items:
- Applications for Membership.
- Applications for nominal / Associate Membership
- Letters of resignations of Membership including associate and
- Nominal Membership.
- Applications for transfer of shares and/or interest in the
- Capital /property of the Society.
- Cases of expulsion of Members.
- Nominations made by Members including revocations thereof.
- Separate file for correspondence entered into with each Member.
- Correspondence with the Co-Operative Registrar.
- Correspondence on Property Taxes including Non-agricultural taxes.
- Correspondence on common electric supply.
- Correspondence about Conveyance of the property.
- All Types of Agreements, with papers connected thereto.
- Approved plans of construction and correspondence thereon.
- Applications for allotment of parking spaces.
- Vouchers, along with the bills relating thereto arranged in order of entries in the cash
book and the journal.
- Counterfoils of challans for credits of amounts into the bank, arranged in order of
dates of credits.
- Counterfoils of cheques issued.
- Counterfoils of share certificates.
- Applications for duplicate share certificates.
- Application for registration of the Society, the copy of the bye-laws and amendments
thereto.
- A certificate of registration fully framed.
- Counterfoils of receipts or carbon copies of receipts issued by the Society.
- Counterfoils of bills or carbon copies of bills for the Society's charges. xxvi.
Correspondence about loan received and property of the Society mortgaged.
- Notices and Agenda of the Meetings of the Committee and general body of the Society.
- Periodical statements of Accounts prepared by the Society.
- Committee's annual reports on the working of the Society.
- Audit memos received from the Statutory Auditors, with rectification reports thereon.
- Audit reports received from Internal Auditors, with rectification reports thereon.
- Papers pertaining to the election of the Committee.
- 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-
- Annual Reports of Societies activities.
- Societies Audited Statement of Accounts;
- Plans for surplus disposal as approved by the General Body of the Society;
- List of amendments to the Byelaws of the Society, if any;
- Declaration regarding date of holding of its General Body Meeting and conduct of
elections when due;
- Any other information required by the Registrar in pursuance of any of the provisions of
the Act.
- List of Active and Non-Active Members.
- 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.
- 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