As many clients asking queries/issues related to bye-law in email/WhatsApp so here I am going to explain all bye-law in a more easy way. I am not able to reply to all queries due to a busy schedule so please here search your topic you will get answers.
Preliminary (Bye Law No. 1 & 2)
Bye Law No. 1. Preliminary Bye-Laws -1 | Name of the Society: Society Name, Name
Change & Classification Read More
Bye Law No. 2. Preliminary Bye-Laws -2 | Address of the Society | Procedure for changing the address of the Society: Society Address Read More
Interpretations (Bye Law No. 3)
Bye Law No. 3. Important Term To Understand | Interpretations of the words and terms | Societies general legal words & terminology: Common Legal Terms Read More
Area of Operation (Bye Law No. 4)
Bye Law No. 4. Area of Operation: City Survey no / Gat no. / Final Plot no / Ward no Read More
Objects (Bye Law No. 5)
Bye Law No. 5. Objects of the Society| To obtain the conveyance from the
owner/Promotor(Builder) | Manage the society | Raise Fund to
achieving the day to day expenses | Provide Education &
training: To obtain conveyance from the Owner/ Promoter Builder, To manage,
maintain and administer the Society etc Read More
Affiliation (Bye Law No. 6)
Bye Law No. 6. Affiliation of the Society to other Coop Institutions | Take a
membership of Co-Op Housing Federation of the District/Ward/Taluka:
The Society, immediately after its registration, shall become a Member of the
Co-op Housing Federation Read More
Funds their Utilization and investment (Bye Law No. 7 to 15)
(A) Raising of Funds
Bye Law No. 7. Modes of raising Funds of the Society | Different Type of billing head
society can charge:
Fund Raising From Members in various heads as defined here Read More
(B) Share Capital
Bye Law No. 8. Authorized Share Capital | What is Share Certificate: Society Share
Capital Amount collected from Members Read More
Bye Law No. 9. Issue of Share Certificates to the Members of the Society | Share Certificate Distribution timeline | Issue duplicate share certificate: The society should distribute the share certificate to every member once the committee formed Read More
Bye Law No. 10. Society's seal and signature of office bearers on every share certificate | How To Make Share Certificate: Every such Share Certificate shall bear the seal of the Society and be signed and by the Chairman, the Secretary, and one Committee Member Read More
(C) Limit of Liabilities
Bye Law No. 11. Limit of Liabilities : Restriction on incurring liabilities by the
Society Read More
(D) Constitution of the Reserve Fund
Bye Law No. 12. Constitution of the Reserve Fund | How the Reserve Fund shall be
constituted | How to create Reserve Fund:
Entrance fees, Transfer fees, amounts carried to the said fund, from year to
year, all donations received by the Society Read More
(E) Creation of Other Funds
Bye Law No. 13. Creation of Other Funds | Other Funds to be created by the Society | Repair and Maintenance fund in housing society |Sinking fund in cooperative housing society: Repairs & Maintenance Fund, Major Repairs Fund, Sinking Fund, Education & Training Fund Read More
(F) Utilization of the Funds by the Society
Bye Law No. 14. Utilization of the Funds by the Society | How society fund can be
used:
When and how to use Reserve Fund, Repairs & Maintenance Fund, Sinking
Fund Read More
(G) Investment of Funds
Bye Law No. 15. Investment of Funds: The funds of the Society, when not deployed in
its objects, may be invested or deposited as required under Section 70 of the
Act Read More
Members , their rights, responsibilities and liabilities (Bye Law No. 16 to 44)
Bye Law No. 16. Classes of Members | How many types of Members in Society | Members Type in Society : Members, Associate Members & Nominal Members Read More
Bye Law No. 17. Eligibility for Membership Of the Society Read More
Bye Law No. 18. Eligibility of Corporate Bodies for Membership of the Society: A Firm registered under the Indian Partnership Act, 1932, a Company registered under "the Indian Companies Act, 1949, a Society registered under the Societies Registration Act. 1860 Read More
Bye Law No. 19. Conditions for Membership | Conditions for individuals desiring to be Member of the Society | Conditions for individual Firm, Company or a Body Corporate desiring to be Associate Member of the Society | Conditions for Corporate Bodies desiring to become Member of Society : An individual/applicant who is eligible to be the Member and who has applied for Membership of the Society in the prescribed form, may be admitted as Member by the Committee on complying with the following conditions Read More
Bye Law No. 20. Conditions for Nominal Membership of the Society: An individual/applicant who is eligible to be the Member and who has applied for Membership of the Society in the prescribed form, may be admitted as Member by the Committee on complying with the following conditions Read More
Bye Law No. 21. Procedure for disposal of Membership Applications: The procedure for disposal of Application for Membership of the Society, as laid under the bye-law No. 65 (a) to (g) shall be followed by the Secretary and the Committee of the Society. Read More
Bye Law No. 22. Rights of Members | Who is Active Member: 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 - click to read more about members rights Read More
Bye Law No. 23. Inspect Society’s record and getting copies thereof | Member has right
to check society documents and account: Society Member shall have the right to inspect books of account, registers,
documents, etc. & committee should show to the member if anyone
asks Read More
Bye Law No. 24. Occupation of Flats: The Member, who is deemed to have been
allotted the flat under the Bye-Laws 76(a) of the Society shall have a right
to occupy the flat subject to the terms and conditions Read More
Bye Law No. 25. Restrictions on Rights of Associate and Nominal Members:
Associate Member don't have any right like Member:
No Associate Member shall have any rights or privileges of an Active Member
except as provided under Section 27(2) of the Act Read More
Bye Law No. 26. No rights of Membership to a nominal Member: A nominal Member shall
have no rights such as Member. Read More
Bye Law No. 27. Resignation by a Member | Resignation not to be accepted unless charges of the Society are fully paid | Communication of outstanding charges due to Society from the Member | Acceptance of resignation where no charges of the Society are outstanding | Communication of reason for rejection of resignation: There are many reason for resignation read here in detail, Notice of resignation of Membership of the Society Read More
Bye Law No. 28. Resignation by an Associate Member: 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. click here to Read More
Bye Law No. 29. Resignation by a Nominal Member occupying the flat on behalf of a 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. Read More
Bye Law No. 30. Resignation by a sub- lettee licensee- or caretaker | Resignation by a
Nominal Member, who is Sub- lettee, Licensee, Caretaker etc:
A sub-letter, 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, give on leave and license or caretaker basis the flat or
part thereof or part with its possession in any other manner.. Read More
Bye Law No. 31. Acquisition of shares and interest of the Member in the Capital /
Property of the Society:
On acceptance of the resignation of the Member, under Bye-La no 27 the Society
shall acquire the shares and interest of the Member in the Read More
Bye Law No. 32. Procedure for Nomination by a Member and its revocation /revision | How to do Nomination in housing society | Nomination Process : A Member and / or Associate 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. Read More
Bye Law No. 33. Recording of Nomination or revocations/revisions thereof | Record the
Nomination in Committee Meeting | Update Nomination register within 7
days: On receipt of the Nomination form, or the letter for revocation of the
earlier nomination, the same shall be placed before the meeting of the
Committee Read More
Bye Law No. 34. Transfer of shares and interest of the deceased Member in the capital /property of the Nominee/Nominees in case when a Member have done Nomination: Subject to the provisions of Section 30 of MCS Act. 1960 bye-law No. 17A or 19, on the Death of a Member, the Society shall transfer the shares and interest of the deceased Member .click here to Read More
Bye Law No. 35. Transfer of shares and interest of the deceased Member in the
capital/property of the Society to the heir in case when a Member dies
without making a Nomination:
Where a Member of the Society dies without making a nomination, or no nominee
comes forward for transfer, the Society shall invite within six months from
the information of his death...click here to Read More
Bye Law No. 36. Payment of the value of Shares and interest of the deceased Member in
the capital:
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 Read More
Bye Law No. 37. Payment of the value of Shares and interest of the deceased Member in
the capital / property of the Society to the heir / legal Representative:
If, there is only one heir or legal representative of the deceased Member and
if he demands to transfer the share ,so society Read More
Bye Law No. 38. Notice of transfer of Shares and interest in the capital/property of
the Society: Member, desiring to transfer his shares and interest in the capital/property
of the Society shall give 15 days' notice of his intention to do so to the
Secretary of the Society click here to Read More
Bye Law No. 39. Disposal of transfer applications | The Committee / General Body not to
ordinarily refuse any application for Membership or transfer of Share |
Deemed to have been Admitted if not Communicated within three months :
The procedure for disposal of applications for transfers of shares and/ or
interest of Members in the capital/property of the Society click here
to Read More
Bye Law No. 40. Rights of Membership when to be exercised by the transferee: The
Transferee shall be eligible to exercise the rights of Membership on receipt
of the letter in the prescribed form from the Society click here to Read More
Bye Law No. 41. Application for exchange of flats by the Members of the Society: The Members, desiring to exchange their flats, shall make a joint application
to the Secretary Read More
Bye Law No. 42. Disposal of applications for exchanges of flats by Members: The
procedure for disposal of applications for exchanges of flats as indicated in
the bye-law No. 62 shall be followed by the Secretary and the Committee of the
Society. Read More
Bye Law No. 43. Sub-letting Flats | Flat on rent: 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 Read More
Bye Law No. 44. Restrictions on assignment of occupancy right in the flat: 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 Read More
Responsibilities and Liabilities of Members (Bye Law No 45 to 64)
Bye Law No. 45. Maintenance of Flats by Members : Every Member shall keep his flat
/ unit in good maintenance. Read More
Bye Law No. 46. Additions and alterations in a flat permissible with the Committee's
Permission:
Member can not make any additions to or alterations in his flat, without the
previous permission of the Committee in writing click here to Read More
Bye Law No. 47. Examination of flats and report about Repairs to Flats | Notice to the
Member about carrying out repairs in his flat by the Society at its cost |
Notice to the Members for carrying out repairs to his flat at his cost:
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 check the flat condition to make report in case of any repair work
needed in flat...click here to Read More
Bye Law No. 48. Restrictions on storing of certain goods | Not to do anything in a flat
causing inconvenience, nuisance or annoying to other Member | Committee to
take action on complaints:
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 need permission ..click here to Read More
Bye Law No. 49. Expulsion Of a Member | Grounds on which a Member could be expelled |
How to remove a Member from Society | Conditions on which ground a Member
could be expelled:
A member may be expelled from the Membership of the Society on many
situation...click here to Read More
Bye Law No. 50. Procedure for expulsion of a Member: The cases of expulsion from
the Membership of the Society shall be dealt with in the manner provided under
Section 35...click here to Read More
Bye Law No. 51. Effect of expulsion on Membership of the Society: 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
..click here to Read More
Bye Law No. 52. Acquisition of the Shares and interest of the expelled Member:
The Member, who has been expelled from the Membership of the Society, shall
entitled to continue in occupation of his flat and he shall arrange to hand
over peaceful and vacant click here to Read More
Bye Law No. 53. The interest of the expelled Member in the capital/property of the
Society:
If the meeting of the general body of the Society has decided not to forfeit
the shares, the interest of the expelled Member click here to Read More
Bye Law No. 54. Eligibility of the expelled Member for readmission: No Member of
the Society, who has been expelled from its Membership, shall be eligible for
readmission to Membership in the Society, until expiry of the period of one
year...click here to Read More
Bye Law No. 55. Circumstances under which a person ceases to be a Member: The
person shall cease to be the Member of the Society as following click here
to Read More
Bye Law No. 56. Circumstances under which the person shall cease to be Associate
Member;
The person shall cease to be the Associate Member of the Society, when the
Member, whose name stands first, ceases to be the Member click here to Read More
Bye Law No. 57. Circumstances under which the person occupying the flat on behalf of
the firm / company ceases to be the nominal Member:
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 in following situation ..click here to Read More
Bye Law No. 58. Circumstances under which a Sub lettee, licensee or
caretaker ceases to be the nominal Member:
The Nominal Member, who is the sublettee, licensee or care-taker or possessor
in any other manner of the flat or the part thereof shall cease to be as such
Member of the Society on following situation...click here to Read More
Bye Law No. 59. Action by the Committee of cessation of Membership on the Society |
Committee shall record the facts of cessation of Members Membership:
The Committee shall record the facts of cessation of Members Membership of the
Society under the bye-law No. 55..click here to Read More
Bye Law No. 60. Holding of multiple flats by Member: 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 click here to Read More
Bye Law No. 61. Liability of a Member |Liability limited to unpaid amount on Shares:
The liability of a Member of the Society shall be limited to his
shares-holding in the Society. Read More
Bye Law No. 62. Liability of the past and Deceased Members: The liability of the
past Members 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....click here to Read More
Bye Law No. 63. Disposal of application and Others Matters Read More
Bye Law No. 64. Payment of Value of shares and interest | Payment of the value of the
shares and the interest of any Member of the Society:
Wherever the question of payment of the value of the shares and the interest
of any Member of the Society, in its capital/property...click here to Read More
Levy of Charges of the Society ( Bye Law No. 65 to 71)
Bye Law No. 65. Composition of the Charges of the Society: The contribution to be
collected from the Members of the Society towards outgoing and establishment
of its funds...click here to Read More
Bye Law No. 66. Break-up of Service Charges of the Society: Here you can see break
up of service charge ( Maintenance charges) which should be equally divided to
all members ...click here to Read More
Bye Law No. 67. Sharing of the Society's Charges by the Members :
Society shall charge following charges to Members, some charges based on sq ft
basis some charges will be divided equally ...click here to Read More
Bye Law No. 68. Repairs and maintenance to be carried out by Society:
The following repairs and maintenance of the property of the Society shall be
carried out by the Society at its costs...click here to Read More
Bye Law No. 69. Payment of the Society's Charges: 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....click here to Read More
Bye Law No. 70. Review of cases of defaults in payments of Society charges : If a
member is not paying maintenance charge so following are the process to
recover the charges from defaulter...click here to Read More
Bye Law No. 71. Interest on defaulted charges: If a member is not paying
maintenance charge, society can take a penalty of 21% annum on defaulted
dues...click here to read more Read More
Incorporation of duties and powers of the society ( Bye Law No. 72 to 84 )
Bye Law No. 72. Incorporation of the society: The registration of the Society shall
render it a body corporate by the name under which it is registered, with
perpetual succession and a common seal and with power to acquire. Click here
to read more... Read More
Bye Law No. 73. Common Seal | Common Seal for housing society: The Common Seal of the Society shall be in the custody of the Secretary of the Society and shall be used for all official matters only. Click here to Read More
Bye Law No. 74. Charge and set off in respect of Shares and interest of a Member of the Society: 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 Read More... Read More
Bye Law No. 75. Flat purchased is deemed to have been allotted | Policy of allotment of flats | Cancellation of allotment of flats | Getting possession of the full payment | Changes of user not permissible without consent of the committee: The Member, person/firm who had purchased the flat under an agreement under Section 4 of the Ownership Flats Act, or acquired interest in the flat on the transfer of the same by existing Member with the previous permission of the Society Read More... Read More
Bye Law No. 76. Structural Audit, Fire Audit & Lift Inspection : Society shall do Structural Audit time to time as defined here, as well as Society shall undertake to carry out periodical Fire Audit & Lift inspection of its property as per the State Fire Policy, and maintain a record thereof Read More...
Bye Law No. 77. Handling over possession of flat to the allottee | To obtain a certificate of possession from the allottee: The committee shall, after getting an occupation or completion certificate from the local authority, scrutinize the allotment register from time to time and issue instructions to the Secretary Read More...
Bye Law No. 78. Policy for allotment of parking slots | Restriction on parking slot: Society shall in the General Body meeting frame and adopt Parking Rules to regulate the Parking slots, in accordance with the Act and Rules, the general rule is"First Come First Served" basis. Read More...
Bye Law No. 79. Marking of parking slots: All parking slots should have been marked by number and a lot to members, so there would be no inconvenience to anyone. Read More...
Bye Law No. 80. Eligibility for allotment of parking slots: A Member having a vehicle will be eligible to have a parking slot. Normally no Member shall be eligible for being allotted more than one parking slot. The vehicles may be owned by him Read More...
Bye Law No. 81. Allotment of parking slot by Managing Committee & AGM: 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 Read More...
Bye Law No. 82. Applications for allotment of parking slot: The Member, desiring to have a parking slot, may make an application to the Secretary of the Society giving necessary details. Read More...
Bye Law No. 83. Payment of charges for parking of vehicles: Member shall pay the for parking charges for the number of slots allotted to him/her at such rate as may be decided by the General Body Meeting. Read More...
Bye Law No. 84. Parking of other vehicles: Members, having a scooter, a motorcycle, or an auto rickshaw shall obtain the prior permission of the Managing Committee for parking his vehicle in the compound of the Society. If any arrangement of Parking sticker take it and follow the parking rule. Read More...
General Meetings ( Bye Law No. 85 to 109 )
Bye Law No. 85. Holding of the First General Meeting within the stipulated period: 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 three months of the date of the registration of the Society. Read More...
Bye Law No. 86. Calling the first General Meeting by the Registering Authority: 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. Read More...
Bye Law No. 87. Period of notice for the First General Meeting: Clear fourteen days Notice of the First General Body Meeting or any AGM of the Society shall be given by the Chief Promoter/Chairman of the Society. Read More...
Bye Law No. 88. Functions of the First General Meeting | Nomination of a provisional committee by the Registering Authority : there are many functions of the first general body meeting,
where we pass the account book of last year ( from the builder) and appoint an
internal auditor and panel auditor for next year's audit. Also, change the
maintenance charges and start to take maintenance charges as per
bye-law. Read More...
Bye Law No. 89. Recording of minutes at the first General Meeting: Minutes of the First General Body Meeting shall record, sign them by all members, and hand them over to the Secretary of the Society elected at the first meeting of the Provisional Committee. Read More...
Bye Law No. 90. Handing over records by the Chief Promoter of the Society: The Chief Promoter of the Society shall, immediately after the 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 Read More...
Bye Law No. 91. Powers of the Provisional Committee: The Provisional Committee or the Nominated Committee shall have all powers and functions as the committee duly elected in accordance with the Act, Rules & Bye-laws of the Society. Read More
Bye Law No. 92. Period of Office of the Provisional Committee | The Provisional Committee shall be in office for a period of one year: 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. Read More...
Bye Law No. 93. Handing overcharge by the Provisional Committee: The Chairman of the Provisional Committee or the Nominated Committee shall handover the charge of all the assets and documents & papers of the Society to the' Chairman of the newly elected Committee as soon as possible. The new committee should record and sign from the previous committee for a list of handover documents. Read more...
Bye Law No. 94. Holding of AGM Meeting: The Annual General Body Meeting of the Society shall be held on or before 30th September every year as provided under Section 75(1) of the Act with clear 14 days notice period, also can include Balance sheet & Income and expense report in notice letter (should be posted/send to all members) Read More...
Bye Law No. 95. Functions of the Annual General Body Meeting of the Society: The Annual General Body Meeting of the Society shall transact the following business Read More...
Bye Law No. 96. When a Special General Body Meeting should be convened : A Special General Body Meeting (SGM) 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 Read More...
Bye Law No. 97. Fixing date, time and place for Special General Meeting requisitioned | The requisition for the special general body meeting: The demand for the special general body meeting(S.G.M.) of the Society, shall be placed within 7 days of its receipt, SGM can be called any time whenever any urgency and need to take decision by a majority of members. Read More...
Bye Law No. 98. Notice of the General Body Meeting: 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. Read More...
Bye Law No. 99. Period of notice of a General Body Meeting: For Annual General Body Meeting (A.G.M.), 14 clear day's Notice and in the case of the special general body meeting (S.G.M.), 5 clear day's notice of the meeting shall be given to all the Members of the Society. Read More...
Bye Law No. 100. Quorum for the General Body Meeting: 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 Read More...
Bye Law No. 101. Holding of the adjourned General Body Meeting: If within half an hour after the time appointed for general body meeting of the Society, there is no quorum, the meeting, if convened upon the requisition of the Members, shall be dissolved Read More...
Bye Law No. 102. Postponement of General Body Meeting: If all the business on the agenda of the General Body Meeting of the Society cannot be transacted on the day on which the General Body Meeting is scheduled, the meeting shall be postponed for max 30 days from the date of the meeting. Read More
Bye Law No. 103. Chairman of the Society to preside over all General Body Meetings: The Chairman of the Society shall preside over all General Body Meetings of the Society, in case if the Chairman is absent, the Members present may elect a person from among themselves to preside over the meeting. Read More
Bye Law No. 104. Restrictions on attending a general body meeting by a proxy | Power of attorney can not attend the AGM: No proxy or a holder of a power of attorney or letter of authority shall be eligible to attend a General Body Meeting of the Society. Read More...
Bye Law No. 105. The voting right of a Member: The voting right of a Member and the Associate Member of the Society shall be regulated in accordance with the provisions of Section 27 of the Act. Read More...
Bye Law No. 106. One Member One Vote: In AGM of society, every Active Member of the Society and in his absence, his Associate Member shall have one vote only. Read More...
Bye Law No. 107. How decisions shall be taken | All decision can be taken in General Body Meeting with majority of votes: Under the Act, the Rules, and the Bye-laws of the Society, all questions/decisions at a General Body Meeting of the Society shall be decided by a majority of Members present and voting at the meeting. Read More...
Bye Law No. 108. Recording of the minutes of the general body meetings: The committee shall finalize the draft minutes of the general body meeting of the Society within 3 months of the date of the meeting and circulate the draft minutes among all the Members of the Society within 15 days of the meeting of the Committee at which the draft minutes were finalized. Read More...
Bye Law No. 109. Cancellation of the previous resolution of the general body meeting: No resolution can be brought at a General Body Meeting of the Society, canceling its previous resolution, unless six clear months have elapsed, after passing of the previous resolution. Read More...
Management of the affairs of the society ( Bye Law No. 110 to 140 )
Bye Law No. 110. General body meeting to be the supreme authority: Subjects 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. Read More...
Bye Law No. 111. Management of the Society to vest in the Committee: 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. Read More...
Bye Law No. 112. Exercise of powers by the Committee: 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. 138. Read More...
Bye Law No. 113. Opening of Banking Account and Investment of Funds: 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 Read More...
Bye Law No. 114. Strength of the Managing Committee: The Committee shall consist of *11 / 13 / 15 / 17 / 19 Members of the Society. This strength includes the reservation of seats as provided under section 73B and 73C of the Act. Read More...
Bye Law No. 115. Election of the Committee: 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 thereunder. It shall be the duty of the Committee to intimate to the State Election Authority for holding of its election before the expiry of its term. Read More...
Bye Law No. 116. Prohibition against being interested in the Society transactions: No Officer of the Society shall have any interest, directly or indirectly, otherwise than as such officer: Read More...
Bye Law No. 117. Eligibility for Committee Members: No person shall be eligible for being elected as a Member of the Committee or co-opted on it, if: Read More...
Bye Law No. 118. General Election of Members of the Committee of a Society: 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, the committee has, for whatever reason, Read More...
Bye Law No. 119. Cessation of a Member of the Committee: A person shall cease to be the Member of the Committee, if: Read More...
Bye Law No. 120. Restriction on Committee Member if is involved in Matter: No Member of the Committee shall be present at the consideration of any matter, in which he is directly or indirectly interested. Read More...
Bye Law No. 121. Period of Office of the elected Committee: The period of office of the Committee elected under the Bye-law No. 115(a) shall be for 5 years Read More...
Bye Law No. 122. First Meeting of new committee: The first meeting of the newly elected jointly with the 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. Read More...
Bye Law No. 123. Custody of the records of the Society: All records of the Society shall be kept at its premises, convenient to the secretary, with the approval of the Committee of the Society. Read More...
Bye Law No. 124. Outgoing Chairman to handover charge to new Chairman: 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. Read More...
Bye Law No. 125. At the First meeting, New Committee to Elect New Office Bearers | New Office Bearers election in first Managing Committee meeting: At the first meeting New Committee to Election New Office Bearers , Every Committee, at its first meeting, after its election shall elect a Chairman, Secretary, and Treasurer from amongst the Members of the Committee. Read More...
Bye Law No. 126. Quorum for Committee Meeting: 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. 114. Read More...
Bye Law No. 127. Frequency of Committee meetings | Monthly Managing Committee Meetings once in a month is compulsory?: The Committee shall meet as often as necessary but at least once a month. Read More...
Bye Law No. 128. Filling up casual vacancy: A casual vacancy on the Committee may be filled by nomination out of the 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 Read More...
Bye Law No. 129. Tenure of Office of co-opted Members: The period of office of the co-opted member of the Committee shall be coterminous with the tenure of Office of the Committee. Read More...
Bye Law No. 130. Resignation of Committee Member of the Society: 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 Read More...
Bye Law No. 131. Resignation of office bearers of the Society: The Chairman of the Society may resign his office as Chairman by a letter addressed to the Secretary of the Society. Secretary can resign to address to the chairman Read More...
Bye Law No. 132. Notice of Committee Meetings: The Secretary of the Society shall give 3 clear day’s notice of meetings 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 there at, in consultation with the Chairman of the Society. Read More...
Bye Law No. 133. Chairman to preside over Committee Meetings: 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 Read More...
Bye Law No. 134. One Member one vote, Decision by majority: 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 vote. Read More...
Bye Law No. 135. Requisitioned Special Meeting of Committee | Secretary of the Society shall convene a special meeting of the Committee: 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 matter mentioned in the requisition to discuss the matter mentioned in the requisition. Read More...
Bye Law No. 136. Minutes of Meetings | Records Minutes of meetings by Secretary: 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 Read More...
Bye Law No. 137. Liability of Committee Members | Members of the Committee shall be jointly and severally responsible for all the decisions taken by the committee: 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. Read More...
Bye Law No. 138. Powers, duties and functions of Committee: Subject to the Bye-law No. 112 the Committee shall exercise the powers and discharge the functions and duties as mentioned hereunder. Read More...
Bye Law No. 139. The Chairman of the Society shall have the power of overall superintendence: The Chairman of the Society shall have the power of overall superintendence, control, and guidance in respect of the management of the affairs of the Society within the framework of the MCS Act 1960. Rule 1961 and the Bye-laws of the Society. Read More...
Bye Law No. 140. Functions of the Secretary of the Society | Responsibility of the Secretary in Housing Society: The functions of the Secretary of the Society shall be those mentioned as following. Read More...
Maintenance of books of accounts and registers ( Bye Law No. 141 to 147 )
Bye Law No. 141. Books of accounts, registers and other records to be maintained | The
Society shall maintain the following books of accounts, records and
Registers:
Society shall have to maintain following registers. Read More...
Bye Law No. 142. Important files which society must maintained | Other records to be maintained | The Society shall maintain separate files for the following subjects: Society shall have to maintain statuary register for members and property as following Read More...
Bye Law No. 143. Responsibility for maintaining records | Secretary responsibility is to maintain and keep up-to-date the Account Books and statuary Registers: Unless otherwise decided by the Committee, it shall be the responsibility of the Secretary of the Society to maintain and keep up-to-date the Account Books, Registers and other Records mentioned under the Bye-laws Nos. 141 and 142.Read More...
Bye Law No. 144. Limit for cash on hand | Petty cash (Cash in hand) should not exceeding Rs. 5,000:The Secretary of the Society or the paid employee, authorized by the Committee in that behalf, may retain in his personal custody, at the close of every day, a sum, not exceeding Rs. 5,000 Read More...
Bye Law No. 145. Limit for cash payments | Payments in excess of Rs.1500 shall be paid only crossed a/c payee's cheques: All payments in excess of Rs.1500/- (Rupees Fifteen Hundred) shall be made by means of crossed a/c payee's cheques. Read More...
Bye Law No. 146. Finalize the accounts | Filing of Annual Return | Finalize the accounts within 45 days of the close of every co-operative year: Within 45 days of the close of every co-operative year, the Secretary of the Society or any other person, authorized by the Committee in that behalf, shall finalize 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 Read More...
Bye Law No. 147. Security by Employees | Every paid employee, holding any office in the Society and handling cash...: 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. Read More...
Appropriation of Profits ( Bye Law No. 148 )
Bye Law No. 148. Appropriation of Profit | Contributions to statutory reserve Fund | Distribution of remaining profit of the Society: After providing for the interest upon any loans and deposits and after making such other deductions as required under Section 65(1) and 66 of the MCS Act 1960 and Rule 49A of MCS Rules 1961 Read More...
To write of Irrecoverable dues ( Bye Law No. 149 & 150 )
Bye Law No. 149. Amount which could be written off: Subject to the Bye-law No. 150, the Society may write off Society's charges due from the Members, the expenses incurred on recovery thereof and the accumulated losses, which are certified as irrecoverable by the Statutory Auditor, appointed under section 81 of the Act. Read More...
Bye Law No. 150. Procedure for writing off amounts: The amounts mentioned in the Bye-law No. 149 shall not be written off unless: Read More...
Audit of accounts of the society ( Bye Law No. 151 to 153 )
Bye Law No. 151. Appointment of Auditor | Appointment of Internal Auditor | Appointment of Statutory Auditor: The Society shall appoint the Statutory Auditor in its General Body Meeting from the panel of Auditors approved by State Govt. and same Statutory Auditor shall not be appointed for more than two consecutive years. Read More...
Bye Law No. 152. Production of books and record for audit: The Secretary of the Society shall produce or cause to be produced all the books, registers, records before the Internal Auditor and the Statutory Auditor, in the office of the Society Read More...
Bye Law No. 153. Preparation of Audit rectification Report in form '0' :On receipt of the audit reports from the Statutory and Internal Auditors, the Secretary of the Society shall prepare draft audit rectification reports on the objections raised and suggestions made, in the Audit rectification Report in form '0' prescribed under Rule 73 of the MCS Rules 1961 Read More...
Conveyance of the property and repairs to and maintenance of the property (Bye Law No 154 to 161)
Bye Law No. 154. Finalization of deed of conveyance | Conveyance Deemed Conveyance of the property: 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. Read More...
Bye Law No. 155. Committee's responsibility to maintain the Society's Property | Redevelop the Society buildings/property if necessary: It shall be the responsibility of the Committee to maintain the property of the Society in good condition at all times Read more...
Bye Law No. 156. Inspect of Society's property for repairs | Inspect the property of the Society from time to time and make the report to the Committee: 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 Read More...
Bye Law No. 157. Limits for expenses on repairs and maintenance by Committee | Committee expenditure limitation in a financial year: The Committee shall be competent to incur expenditure on the repairs and maintenance of the Society's property once in a financial year, read here the maximum limit for repair & maintenance Read More...
Bye Law No. 158. Work on repairs and redevelopment | The Committee shall proceed to carry out the repairs and maintenance: 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 Govt Directives Read More...
Bye Law No. 159. Repairs at Society's cost | Repairs at Member's cost: The following repairs and maintenance of the property of the Society shall be carried out by the Society at its costs Read More...
Bye Law No. 160. Insurance | Emergency plans : The Society shall insure its building/s necessarily against risk of natural calamities, fire, flood, earthquake Read More...
Bye Law No. 161. Trees in the Society: 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. Read More...
Other miscellaneous matter ( Bye Law No. 162 to 171 )
Bye Law No. 162. Official Communication Mode | Mode of Services of Notice: It shall be open to the Society, having regard to the importance of the matter and the specific provision made thereof under the MCS Act1960, the MCS Rules1961 and the Bye-laws of the Society Read More...
Bye Law No. 163. Co-operative year | Accounting year of the Co-Operative Housing Society: The accounting year of the Society shall be that commencing on 1st April and ending on the 31st March of the subsequent year. Read More...
Bye Law No. 164. Notice Board: The Society shall have its Notice Board, fixed at a conspicuous part of the building/s, on which shall be exhibited all notices and communications referred to in the bye-law No.162 (a) Read More...
Bye Law No. 165. Penalties for breach of Bye -law: The meeting of the General Body of the Society may prescribe penalties for different breaches of the Bye-laws of the Society. The Secretary of the Society, under instructions from the Committee Read More...
Bye Law No. 166. Amendment to the bye-law of the Society: No bye-law shall be made, altered or abrogated unless Read More...
Bye Law No. 167. Regulation the facilities: The Committee shall regulate the operation of the lifts, solar water heaters taking into consideration the convenience of the majority of the Members of the Society. Read More...
Bye Law No. 168. Restriction on playing games in society: The meeting of the General Body of the Society may, after taking into consideration the location of the building or buildings of the Society and their surroundings and the open space available for playing games by the Members of the Society and their children Read More...
Bye Law No. 169. Encroachment of common area in housing society | Letting out common spaces | Penalties for encroachment of common spaces: The Society shall not let out or give on leave and license basis or permit any subletting, any open space available under the Staircases, Terraces/Open ground/Lawns/Club house/ Common Hall etc. to any person whether the Member of the Society or not, for any purpose whatsoever. Read More...
Bye Law No. 170. Temporary usage of terraces and open spaces by members: Notwithstanding the provisions under the Bye-law No. 169, the Committee may allow temporary use of the terrace or available open space of the Society's building by any Member, on his written application, for any function, subject to such restrictions and on payment of such charges to the Society Read More...
Bye Law No. 171. Fees for supply of copies of Documents | Charges which Members shall pay for copies of the documents: Charges which Members will have to for getting the documents Read More...
Redressal of members Complaints ( Bye Law No. 172 to 175 )
Bye Law No. 172. Complaints Application :Member/Members shall submit their complaint application to any of the Office Bearers of the Society, in writing, giving thereby the details of the complaint. Read More...
Bye Law No. 173. Committee shall Reply to Members complaint application within 15 days: After receipt of such, complaint application, the committee shall take the decision thereof, in the immediate next Managing Committee meeting. Read More...
Bye Law No. 174. Where to complainant against society committee if not satisfied by MC: If the Member/Members are not satisfied by the decision of the Committee, or does not receive any communication from the committee within 15 days, the complainant Member may approach below mentioned Competent Authority .Read More...
Bye Law No. 175. Redevelopment of buildings the Co-operative Housing Societies: Redevelopments of the Property / Building of the Society including vacant spaces shall be done strictly in accordance and confirmation with the Directions issued by the Government of Maharashtra Read More...
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