Bye-Law
Bye-Laws Index
| Bye-Law No. | Subject Matter of the Bye-Laws |
|---|---|
| I. Preliminary | |
| 1 | (a) Name of the Society (b) Procedure of changing the name (c) Classification |
| 2 | (a) Address of the Society (b) Intimation of change in the address (c) Procedure for changing the address (d) Exhibition of the name Board |
| II. Interpretations | |
| 3 | Interpretations of the words and terms |
| III. Area Of Operation | |
| 4 | Area of operation of the Society |
| IV. Objects | |
| 5 | Objects of the Society |
| V. Affiliation | |
| 6 | Affiliation of the Society to other co-op institutions |
| VI. Funds, Their Utilisation And Investment | |
| 7 | Different modes of raising the funds of the Society |
| 8 | Authorised share capital of the Society |
| 9 | Issue of share certificates to members |
| 10 | Society's seal and signatures on each share certificate |
| 11 | Restrictions on incurring liabilities |
| 12 | (i) How the Reserve Fund shall be constituted (ii) Appropriation of the amounts to the Reserve Fund |
| 13 | (a) Creation of the Repairs and Maintenance Fund (b) Creation of Major Fund (c) Creation of Sinking Fund (d) Creation of Education and Training Fund |
| 14 | (a) Utilisation of the Reserve Fund (b) Utilisation of the Repairs and Maintenance Fund (c) Utilisation of Sinking Fund (d) Utilisation of Education & Training Fund |
| 15 | Modes of investment of funds of the Society |
| VII. Members, Their Rights, Responsibility And Liabilities | |
| 16 | (A) Classes of Members (B) Eligibility for Membership |
| 17 | (a) Eligibility of individuals for membership (b) Eligibility of minors/unsound mind persons (c) Admission subject to Collector's approval |
| 18 | Eligibility of Corporate Bodies for membership |
| 19 | (a) Conditions for Individuals (b) Conditions for associate members (c) Conditions for bodies corporate |
| 20 | Conditions for nominal membership |
| 21 | Procedure for disposal of membership applications |
| II. Rights And Duties Of Members | |
| 22 | (A) Rights of Members (B) Getting Copy of the Bye-laws, Audit Report |
| 23 | Rights of inspection of documents and getting copies thereof Inspection of Books of Records |
| 24 | (a) Rights of Occupation of Flats |
| 25 | No rights of membership to an associate member except that under Section 27(2) of the Act |
| 26 | No right of membership to a nominal member |
| 27 | (a) Notice of resignation of membership (b) Resignation not accepted unless charges are fully paid (c) Communication of outstanding charges (d) Acceptance of resignation (e) Communication of reasons for rejection |
| 28 | Resignation by an associate member |
| 29 | Resignation by a Nominal Member, Occupying the flat on behalf of a firm, company or body corporate |
| 30 | Resignation by a sub-lettee, licensee or caretaker |
| 31 | Acquisition of shares and interest of the member in the capital/property of the Society |
| 32 | Procedure for Nomination by a member and its revocation |
| 33 | Recording of Nomination or revocation of earlier nomination |
| 34 | Transfer of shares and interest of the deceased member in the capital/property of the Society to the nominee |
| 35 | Transfer of shares and interest of the deceased member in the capital/property of the Society to the heir |
| 36 | Payment of the value of shares and interest of the deceased member in the capital/property to the nominee(s) |
| 37 | Payment of the value of shares and interest of the deceased member in the capital/property to the heir/legal representative |
| 38 | (a) Notices of transfer of Shares and interest in the Capital/Property (b) Secretary to place such notice before next Committee Meeting (c) Informing ineligibility within 8 days (d) No Objection Certificate not required but may be issued within 1 month (e) Documents to be submitted by the Transferor/Transferee |
| 39 | (a) Disposal of application for transfer of Shares and interest (b) Committee/General Body not to ordinarily refuse applications (c) When application for transfer deemed rejected (d) Unauthorised transfer - null and void |
| 40 | Rights of membership, since when to be exercised by the transferee |
| 41 | Application for exchange of flats by members |
| 42 | Disposal of application for exchange of flats |
| 43 | (a) Sub-letting not permissible except under the Society's permission (b) Application for permission to sub-let |
| 44 | Restrictions on assignment of occupancy right in the flat |
| VIII. Responsibility And Liabilities Of Members | |
| (A) Maintenance of Flats by Member | |
| 45 | Flat to be kept clean |
| 46 | (a) Additions and alterations in a flat to be carried out with the Committee's permission (b) Application for permission and making additions or alterations in a flat |
| 47 | (a) Examination of flats by Secretary and report about repairs (b) Notice to the member about repairs to be carried out by the Society at its cost (c) Notice to the member for carrying out repairs to his flat at his cost |
| 48 | Restrictions on storing of certain goods (a) Not to do anything in a flat causing inconvenience, nuisance or annoyance to other members (b) Committee to take action on complaints about violation of the provisions of Bye-law No. 50(a) |
| 49 | Grounds on which a member can be expelled |
| 50 | (a) Procedure for expulsion of member (b) Forfeiture of shares of the expelled member |
| 51 | Effect of expulsion on membership of the society |
| 52 | Handing over vacant possession of the flat by the expelled member |
| 53 | Acquisition of shares and interest of the expelled member |
| 54 | Eligibility of the expelled member for re-admission to membership of the Society |
| 55 | Circumstances under which the person shall cease to be a member of the society |
| 56 | Circumstances under which the person shall cease to be associate member |
| 57 | Circumstances under which the person occupying the flat on behalf of the firm/company ceases to be the nominal member |
| 58 | Circumstances under which a sub-lettee, licensee, or caretaker ceases to be the nominal member |
| 59 | Action by the Committee in the case of cessation of membership of the society |
| 60 | Holding of flats by member |
| 61 | Liability limited to paid-up share amount |
| 62 | Liability of past and deceased member |
| 63 | Disposal of application |
| 64 | Payment of the value of shares and interest of a member or past member of the Society |
| IX. Levy Of Charges Of The Society | |
| 65 | Composition of the charges of the Society |
| 66 | Break-up of the service charges of the Society |
| 67 | Sharing of the Society's charges by the members |
| 68 | Repairs and Maintenance to be carried out by the Society |
| 69 | Payment of the Society's charges |
| 70 | Review of the cases of defaults in payment of the charges of the Society |
| 71 | Interest on the defaulted charges |
| X. Incorporation Of Duties And Power Of The Society | |
| 72 | Incorporation |
| 73 | Common Seal |
| 74 | Charges and set-off in respect of shares and interest of a member of the Society |
| 75 | (a) Flat purchased is deemed to have been allotted (b) Policy of allotment of Flats (c) Cancellation of allotment of Flats (d) Handing over possession of Flats (e) Change of user not permissible without sanction of the Committee |
| 76 | Society to carry out Structural Audit |
| 77 | To obtain certificate of possession from the allottee |
| 78 | (a) Policy of allotment of parking slots (b) Restriction on use of parking slots |
| 79 | Marking of parking spaces or stilts |
| 80 | Eligibility for allotment of stilts or parking slots |
| 81 | If more eligible members and fewer parking slots |
| 82 | Applications for allotment of parking slots |
| 83 | Payment of charges for parking of vehicles |
| 84 | Parking of other vehicles |
| XI. General Meetings | |
| (A) First General Meeting | |
| 85 | Holding of the first General Meeting within the stipulated period |
| 86 | Calling the first general meeting by the Registering Authority |
| 87 | Period of notice for the first general meeting |
| 88 | (a) Functions of the first General Meeting (b) Nomination of a provisional committee by the Registering Authority |
| 89 | Recording of minutes at the first General Meeting |
| 90 | Handing over records by the Chief Promoter of the Society |
| 91 | Powers of the Provisional Committee |
| 92 | Period of office of the Provisional Committee |
| 93 | Handing over charge by the Provisional Committee |
| (B) Annual General Body Meetings | |
| 94 | Period within which annual general body meeting should be held |
| 95 | Functions of the annual general body meeting of the society |
| (C) Special General Body Meetings | |
| 96 | When a Special General Meeting should be called |
| 97 | Fixing date, time and place for a Special General Meeting requisitioned |
| 98 | Notice of a General Body Meeting |
| 99 | Period of notice of a general body meeting |
| 100 | Quorum for the General Body Meeting |
| 101 | Holding of the adjourned General Body Meeting |
| 102 | Postponement of the General Body Meeting which cannot complete the business on the agenda |
| 103 | Chairman of the Society to preside over all General Body Meetings |
| 104 | Restrictions on attending a general body meeting by a proxy |
| 105 | Voting right of a Member |
| 106 | One Member One Vote |
| 107 | How decisions shall be taken |
| 108 | Recording of the minutes of the general body meetings |
| 109 | Cancellation of the previous resolution of the general body meeting |
| XII. Management Of The Affairs Of The Society | |
| 110 | General body meeting to be the supreme authority |
| 111 | Management of the Society to vest in the Committee |
| 112 | Exercise of powers by the Committee |
| 113 | Opening of Banking Account |
| 114 | Strength of the Committee |
| 115 | Election of the Committee |
| 116 | Prohibition against being interested in the Society |
| 117 | Disqualification for being elected on the Committee |
| 118 | Constitution of the Committee |
| 119 | (a) Cessation of a Member of the Committee (b) Intimation of Cessation of Membership of the Committee |
| 120 | Restrictions on being present at the time of consideration of a matter in which a member of the Committee is interested and voting on such matter |
| 121 | Period of office of the elected Committee |
| 122 | (a) First Meeting of new Committee (b) Issue of notice of the first meeting of newly elected Committee |
| 123 | Custody of the records of the Society |
| 124 | Handing over charge by the outgoing Committee |
| 125 | Election of office bearers of the Society |
| 126 | Quorum must for Committee Meetings |
| 127 | Number of Committee Meetings to be held in a month |
| 128 | Casual Vacancies in the Committee to be filled in by co-option |
| 129 | The period of office of the member co-opted by the Committee |
| 130 | Resignation of Committee Member of the Society |
| 131 | Resignation of office-bearer of the Committee |
| 132 | Notice of Meeting of the Committee |
| 133 | The Chairman of the Society to preside over the Meetings of the Committee |
| 134 | One member one vote. Decision by Majority of the Committee |
| 135 | A Special meeting of the Committee at the instance of the 1/3 members of the Committee or by the Chairman |
| 136 | Attending meetings of the Committee and recording their minutes by the Secretary of the Society |
| 137 | Joint and several liability of the members of the Committee |
| 138 | Powers, functions and duties of the Committee |
| 139 | Power of the Chairman of the Society |
| 140 | Function of the Secretary |
| XIII. Maintenance Of Books Of Account And Registers | |
| 141 | Books of accounts, Registers and other Books to be maintained |
| 142 | Other records to be maintained separately |
| 143 | Secretary to maintain and keep up to date the Accounts Books etc. |
| 144 | Limit for cash on hand |
| 145 | Payment beyond certain limit by cheques |
| 146 | Finalization of Accounts |
| 147 | Security by the Employees |
| XIV. Appropriation Of Profits | |
| 148 | (a) Contribution to the Statutory Reserve Fund of the Society (b) Distribution of the remaining profit of the society |
| XV. To Write Off Irrecoverable Dues | |
| 149 | Amounts which could be written off |
| 150 | Procedure to be followed before writing off any account |
| XVI. Audit Of Accounts Of The Society | |
| 151 | Appointment of Auditors |
| 152 | Secretary to produce books, registers, records etc. to Internal/Statutory Auditors |
| 153 | Preparation of Audit Rectification Report |
| XVII. Conveyance Of The Property And Repair To And Maintenance Of The Property | |
| 154 | (a) Necessary steps to Conveyance / Deemed Conveyance (b) Finalisation of Deed of Conveyance (c) Execution of Deed of Conveyance |
| 155 | Committee's responsibility to maintain the Society's property |
| 156 | Inspection of Society's property for repair |
| 157 | Committee to execute the repairs and maintenance of the property of the society |
| 158 | Work on Repairs and Redevelopment |
| 159 | (a) Various items of repairs and maintenance to be carried out by the society at its cost (b) Repairs by the members at their cost |
| 160 | Building Insurance |
| 161 | Trees in the compound of the society |
| XVIII. Other Miscellaneous Matters | |
| 162 | Modes of communication of Notices, Resolutions, Decisions etc. |
| 163 | Accounting Year |
| 164 | Notice Board |
| 165 | Penalties for breaches |
| 166 | Alteration / Amendment of Bye-Laws |
| 167 | Operation of Lifts, Solar Water Heaters etc. |
| 168 | Restriction on Playing Games |
| 169 | Prohibition on letting out open / common spaces |
| 170 | Temporary use of the Terrace / Open Space by any Member |
| 171 | Fees of supply of copies of the documents |
| XIX. Redressal Of Members Complaints | |
| 172 | Complaint application to be submitted to the Society |
| 173 | Committee's action on the Complaint Application |
| 174 | If the action is not taken within stipulated period by the society then to whom the complaint to be
made: (a) The Registrar (b) Co-Operative Court (c) Civil Court (d) Municipal Corporation / Local Authority (e) Police (f) General Body Meeting (g) Federation - District / State |
| XX. Regarding Redevelopment Of Building Of The Co-Operative Housing Societies | |
| 175 | Redevelopment of the Property / Building of the Society (a) Redevelopment strictly as per Directives dated 3rd January, 2009 (b) If the Development Agreement is not executed with the developer (c) Increasing Authorised Share Capital if members are increased after Redevelopment |
| Index of List of Appendix with Housing Societies Bye-Laws | |