If you have read our previous blogs on deemed conveyance and the documents required for deemed conveyance, then you must be aware about how vital it is to acquire conveyance or deemed conveyance for your housing society. It is one of those documents you would want to save on your apartment management software for all to see.
In Mumbai and several cities like the financial capital of the country, there are many housing societies which are old and would undergo redevelopment soon. For any housing society, it is vital to acquire conveyance or deemed conveyance and have the land named after their housing society. The ideal scenario is acquiring the conveyance certificate. Not acquiring the same can add a hindrance to the redevelopment process.
Here is what Society Bye – Law states about Conveyance / Deemed Conveyance of the Property, and Redevelopment and Repairs/Maintenance of the Property
Society Bye – Law No. 153
- The committee shall with the approval of General Body, take necessary steps for Conveyance/Deemed Conveyance of the land/building/buildings in favor of the Society.
- The Committee shall examine, in consultation with the Advocate of the Society, the Deed of the Conveyance/Deemed Conveyance of the land and the building/buildings thereon and place the same before the Meeting of the General Body of the Society for its approval.
- On approval of the Draft Deed by the General Body Meeting of the Society, the Committee shall execute it as per law. 47
Society Bye – Law No. 154
It shall be the responsibility of the Committee to maintain the property of the Society in good condition at all times and to redevelop the Society buildings/property, if necessary, as per Government directives from time to time and as per prevailing laws.
Society Bye – Law No. 155
- The Secretary of the Society, on receipt of any complaints about the maintenance of the property of the Society from any Members of the Society or on his own motion, shall inspect the property of the Society (if necessary along with technical expert appointed for the purpose), from time to time and make the report to the Committee, stating the need of the repairs, if any, considered necessary. The Committee shall consider the report made by the Secretary of the Society and decide as to which of the repairs should be carried out.
- the Members of the Society shall allow access and cooperate in the inspection of the premises for repairs & maintenance
Society Bye – Law No. 156
- The Committee shall be competent to incur expenditure on the repairs and maintenance of the Society’s property once in a financial year, the onetime expenditure does not exceed : Upto 25 Members Rs. 25.000/- 26 to 50 Members Rs. 50,000/- 51 and above Upto Rs. 1,00,000/-
- If one time expenditure on repairs and maintenance of the Society’s property exceeds the limit as mentioned under bye-law No. 156(a) prior sanction of the meeting of the General Body of the Society shall be necessary.
- The meeting of the General Body of the Society shall decide: The limit up to which the expenditure on repairs and maintenance of the property of the Society could be incurred by the Committee without calling for tenders for the work. In respect of the work, the cost of which exceeds the limit, so fixed, the Committee shall follow the procedure of inviting tenders, placing them before the General Body Meeting for approval and entering into contract with the Architect (if appointed) and the Contractor.
- The appointment of An Architect: In respect of redevelopment of Society buildings the procedure to be followed as per Government Resolutions (as amended from time to time) and provisions in Architect Act 1972.
- If no appointment of an Architect is made by the Promoter ,the meeting of the General Body of the Society shall appoint an Architect on such terms and conditions as it deems fit and as per the provisions of Architect Act 1972.
- The Committee shall enter into the contract with the Architect, on the basis of the terms and conditions approved at the meeting of the General Body of the Society in that behalf as per the provisions of Architect Act 1972.
- The Architect shall prepare the plans and estimate and feasibility report of the construction of the building/buildings in consultation with the committee, which shall place the same before the meeting of the General Body of the Society. The Architect shall submit ,the plans as per the feasibility report of 48 the of the construction of the building/buildings, approved by the meeting of the General Body of the Society to the Local Authority for sanction as per finally approved tenders.
- As per procedure mentioned in redevelopment G.R. dated 03-01-2009 the Committee shall invite tenders in consultation with the Architect appointed by Society.
- The Secretary shall open the tenders received by him in the meeting of the Committee, which shall scrutinize them and prepare its report along with the draft of the terms and conditions, in consultation with the Architect of the Society and place the same before the meeting of the General Body for its decision. After the approval of the General Body, the Committee shall then enter into the contract with the Contractor.
- The Contract deeds, entered into with the Architect of the Society and the Contractor, shall provide a stipulation for settlement of the disputes arising out of execution of the Contracts shall be referred to sole Arbitrator appointed by the Society.
Society Bye – Law No. 157
Subject to the provisions of the bye-law no. 156, the Committee shall proceed to carry out the construction, repairs and maintenance of the property of the Society and Redevelopment of the Society buildings as per Government Directives from time to time It shall be the responsibility of the Committee till the completion of the work and to see that the repairs and redevelopment of Society buildings are carried out as per the provisions of the contract executed by the Society.
Society Bye – Law No. 158
The following repairs and maintenance of the property of the Society shall be carried out by the Society at its costs:
- ( i ) All internal roads, (ii) Compound walls, (iii) External water pipe lines, (iv) Water pumps,(v) Water storage tanks, (vi) Drainage lines, (vii) Septic tanks, (viii) Stair cases, (ix) Terrace and parapet walls, (x) Structural repairs of roofs of all flats, (xi) Stair-case lights, (xii) Street lights, (xiii) External walls of the building/ buildings, (xiv) All leakages of water including leakages due to rain water, and leakages due to external common pipe line and drainage line, (xv) Electric lines up to main switches in the flats (xvi) Lifts, (xvii) The damaged ceiling and plaster thereon in the top floor flats, on account of the leakage of the rain water through the terrace.(xviii) Generators, (xvix) Security Appliances (CCTV, Intercom, Group Mobile, Mass Data Sharing Devices, Siren Bell) (xx) Rain Water Harvesting,(xxi) Sewerage, Storm water Drain & Water Treatment Plant (xxii) Common areas not specifically allotted ,Swimming Pool, Gym, Sauna Bath, Coffee House (xxiii) Common Parking Space (xxiv) Solar and alternate energy devices. (xxv) Garden (xxvi) Community hall (xxvii) Wi-fi setup of the Society
- 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 the intimation to the Society.
Society Bye – Law No. 159.
- The Society shall insure its building/s necessarily against risk of natural calamities, fire, flood, earthquake, third party liability
- The managing Committee of each and every Housing Society shall chalk out Emergency Planning Scheme, which include below mentioned details in respect of the Society and the surrounding area.
(1) Probability of danger and analysis thereof.
(2) Evaluation of risk in pursuance disaster management.
(3) Response Machinery eg. Police/Fire Brigade/Municipal council etc.
(4) Important Telephone Numbers. – i. Emergency Telephone Numbers of each and every Member. ii. Telephone Numbers of the officers of the Government Machinery concerned with the emergency management. The management committee shall hold discussion with all the Members in the General Body Meeting over the plan prepared as aforesaid and shall inform about the same to the Members. The plan such prepared shall be displayed on the Notice Board of the Society, and the same shall be made up-to-date from time to time as per the requirement. iii. As per the Child Labor Act 1986, it is prohibited to employ child labors for house hold and other works. As per the provisions of the said Act, if any person/Member is found to have employed child labor for household work and other work then a punishment of imprisonment of one year and a fine up to Rs. 20,000/- or both can be awarded to him. The managing committee of the Society shall display the said legal provision on the notice board and shall create awareness in the minds of all the Members for eradication of the said evil, child labor practice. a. The office bearers of the Society shall insure that no Member of the Society/person /contractors has employed child labor and shall make arrangement of informing the Labor Commissioner Office that the Society is totally free from child labor practice. b. If any Member/ person /contractors is found to have employed child labor, the managing committee shall inform immediately to the office of the Labor Commissioner or the nearest Police station or the concerned voluntary organizations and shall inform to that effect in writing to the office of Labor Commissioner. iv. The managing committee of the Society shall take necessary precaution to see that no injustice is done to any widow in the cooperative housing Society after the death of a Member before transferring the flat in her name. In such cases Society shall verify the nomination form duly submitted by the deceased Member or succession certificate / heirship certificate obtained from Civil Court under the Indian Succession Act 1925 or Will of the deceased Member duly probated by the Civil Court through the executor of the will. After verifying and taking legal guidance Society then only can take appropriate action within the time limit to avoid the further legal complications. This procedure can be followed in all the cases after the death of a Society Member.
Society Bye – Law No. 160
No Member of the Society shall destroy, deface or cut down any trees in the compound of the Society. Any action, any contravention of the above provision may render the Member concerned liable for action.
Having complete knowledge about these bye-laws is vital for every individual and managing committee member. When you are dealing with authorities like builders, it is best to be aware about the bye-laws about the same.