Bye-laws 2014 at a glance

Accounts  Bank Account State/District Coop Bank /Nationalised Bank113
AdmissionAdmission to membership is not restricted39
AllotmentFailure of payment leads to cancellation of allotment letter75
 Allotment letter from society and confirmation by member75
 Transferee of flat with society’s permission deemed allotted75
 Allotment for possession by Committee only after OC77
ApplicationSecretary to acknowledge all receipt of all applications63
Applications to be disposed of by 3 months, reason of rejection to be recorded, communicated by 15 days or deemed member63
ArchitectAppointment of Architect by the promoter with terms and conditions to prepare plan for approval of GB and Municipality,157
AuditStructural audit in 5/3 years for above /below 30 years76
Appointment of Internal Auditor optional but auditor from panel for 3 years and fix remuneration by GB151
ByelawsAmendment of byelaws with approval of 2/3rd GB and Registrar166
ChairmanChairman of Provisional committee hand over all to next chairman93
 Chairman, in his absence, other to preside over meeting103
 Chairman to preside over meeting alternatively in his absence some other133c)
 Every member one vote Chairman enjoys casting vote134
 In emergency Chairman empowers of MC recording the reason and got it ratified in the next meting139
ChargesHeads of charges to be collected65
 Service charges66
 Services charges equal for all other charges by area and other67
CommitteeRegistrar to constitute Provisional committee, if needed88
 Provisional committee enjoys full power of MC for 1 year91i)
 MC to function for smooth running110
 MC enjoys delegation power of GB112
 Strength Of MC- 11/13/15/17/19 including 5 reserved114
 If election not done before expiry, MC may be suspended115
 Non eligibility for MC- convicted, defaulter, non-active member, associate member without authority, sublet illegally117
 Failure to constitute MC after election, Registrar to constitute118
 M C term for 5 years121
 Joint meeting within 30 days122
 Outgoing Secretary to convene joint meeting or Chairman or Registrar 122
 MC meeting normally in the premises. If no quorum then no meeting 126
 MC to meet every month127
 MC Notice of 3 days by Secretary/Chairman/Federation132
 Member of the MC jointly responsible for any loss137
 Duties & responsibilities of MC138
 MC is responsible to maintain the property in good condition155
 MC to enter into contract with the provision of arbitration157
 MC’s responsibility to properly supervise the work158
 MC to insure building for any damage even for third party160
 MC to make emergency plan160
 MC to decide and intimate within 15 days173
ConveyanceMC in consultation with Advocate initiate conveyance with approval of GB to execute lease deed154
Co-optionCasual vacancy may be filled by co-option & co-terminous128
DefaulterDefaulters’ resignation shall be accepted only after payment27
Review of default in payment and initiate recovery procedure70
Dividend75% of net profit may be distributed -15% dividend,15% office-bearers, welfare fund by GB and balance to be carried forward148
ElectionVoting right to member or associate member as per rule105
 Member / Associate member one vote106
 Office bearers to be elected in the first meeting for 5 years125
EncroachmentFive time monthly charge as penalty for encroachment on the  member169
ExchangeExchange of flats after stamp duty & registration is permissible41
FinanceLimit of cash in hand is Rs 5000/-144
 All payment in excess of Rs 1500/- in A/C cheques145
 Financial limit of MV 25 T, 50 T and 1 lakh for society of 25, 50 or more above that approval of GB needed to fix  tendering limit157
FlatFlat – no commercial all flats3
 Reserve Funds12
 Fund for repair reserve, maintenance & sinking fund (GB’s Approval)14
 25% of net profit to be credited to reserve fund147
GameGB to regulate timing of games that can be played168
GBFirst General Body Meeting in 3 months by Chief Promoter85
 On failure of Chief Promoter, registering authority to convene SGM86
 Agenda for first GB88
 First GB Chairman to write minutes & hand over to  Secretary 89
 AGM by 30th September or disqualified94
 Agenda for AGM (a to q)95
 Special GB by Chairman/Committee/requisitioned by 1/5th members /Registrar/Federation –on item under   with  permission of the chair96
 Committee to fix agenda for GB98
 No change in resolution of GB within 6months108
 GB is the final decision-making authority109
 GB after hearing against notice and member may fine Rs 5,000/-in a year 165
 GB is authorised to fix amount of penalty for breach of byelaws165 
Hand overChief Promoter to hand over all documents  immediately to the chairman90
List for handing over (a to q) by the Chief Promoter90
InspectionSociety to inspect regularly all flats and repair47
InterestLate payment charge is max.  21% per annum (simple interest) or as fixed by GB71
LeakageLeakage due to toilet, sink etc by the member68 
 Leakage from sink, toilet to be repaired at cost of the member  159 
LiftMC to regulate operation of Lift and solar water heater167
MeetingIncomplete meeting may be called within 30 days 102
 Requisition meeting by 1/3rd by Secretary by 7 days or Chairman or Federation135
MemberActive member all sincere members3
 Associate member second name3
 Membership limited to number of flats17
 Membership- 10 shares+ admission fee Rs 100/-+proof of registered Agreement +CIDCO’s  NOC + required declarations on use19
 Active member who has attended min 1 GBM & not a defaulter22
 List of Active & Non-active member to be maintained by the society22
 Non active member to be intimated by April22
 Members’ right to inspect and get copies against payment23
 Associate member enjoys conditional right25
 Nominal member enjoys no right26
 Transfer & admission Rs 100/- transfer Rs 500/- & premium Rs 25,000/- No premium from family members. Issue NOC if demanded38
 Society’s silence of 3 moths =deemed membership39
 Members are eligible to mortgage the flat for loan or advance44
 Every member shall maintain the flat in good condition45
 Member may get it repaired failing which society to do and recover the cost from the member47
 Member cannot stock objectionable stores nor cause nuisance 48
 Expulsion – persistent defaulter, false information, misuse, habitual breaches of provisions, non active for 10 years  49
 Effect of expulsion50
 Member ceases – death, accepted resignation, expulsion, insolvent, absconder, legally attached,55
 Associate member ceases  with original member but not Joint member56
 Cessation of membership to be minuted by 7 days        59
 Member may have more than one flat60
 Liability of debts continues for two years after cessation62
 Member to pay bill within the date69
 members right to possession only after effecting all payment75
 No right to member to change the use of the flat75
 Promoters means those who have signed for registration87a)
 Cessation arises on disqualification, consecutive absence in 3 meetings, but with approval o Rregistrar119
 Member Interested in any item,  must not be present in the meeting120
 All members shall co-operate  in inspection for repair  156
 No member shall destroy, deface or cut tree161
 Member is eligible to get copies at the specified rate171
 Member may submit complaint to office bearer in writing172
 Aggrieved member may approach respective authority for justice174
 Associate member family member may contest electionMCS
MinutesMC to invite objection by 15 days on draft minutes of GB by 3 months107
 MC to finalise in next meeting and record107
 Circulated resolution to be ratified in the next meeting127
NOCAdmission on transfer only with CIDCO’s NOC17
 NOC of society not required but a notice of 15 days required  for transfer38
 NOC of society to be issued if demanded43
NominationA member and or Associate to submit Nomination & may revoke against fee of Rs 100/- for each occasion32
NoticeNotice for first GB – 14 days clear87b)
 Notice of GB 14 days, SGM 5 days on emergency less than 5 days recording the reason and circulated by 2days to all99
 Notice by hand delivery, registered post, e-mail & Notice Board162
 Notice Board at the prominent place of each building164
OccupyMember may occupy the flat24
 Other members may occupy with written information of member  24
 Occupant on behalf of firm is a Nominal member57
 Occupant as sub-lettee is a Nominal member58
Office bearerRestriction of personal interest to office bearers116
No Confidence Motion against office bearers by 1/3rd & passed by 2/3rd . No motion again within 6 months125
Open spaceSociety cannot sale or sublet open space169
ParkingParking to be allotted on first come first served basis when sufficient spaces are available   to meet requirement  by society only78
All parking to be marked, additional parking to be allotted to member if available, on more demand then allot space by draw of lot for a year. Member can only use for parking own car and for no other use79
PremiumPremium not from family Rs 25, 000/- for Navi Mumbai3
ProxyNo proxy104
QuorumQuorum of GB shall be 2/3rd or 20100
 No quorum if adjourned for half an hour. No quorum needed if called within 7 to 30 days. If no quorum, no meeting for requisitioned one 101
 Quorum not less than 50% (minus Unfilled reserve posts)114
RecordsRecords of books of accounts141
 Files to be maintained142
RedevelopmentProcedure for redevelopment of building175
RefundPayment of the shares and interest to be paid as per law64
RepairMajor Repair maintenance fund on area basis13
 All repair of building and assets by society at its cost68
 No addition and alteration without written permission465
ResignationRejection of resignation to be informed with reason by 3 months27
 Resignation of Associate member through member28
 Resignation of nominal member of a firm through firm29
 Resignation of nominal member (a sub-lettee) through member30
 Resignation of MC members to Chairman but in case of Chairman to  Secretary, effective from acceptance and handing over charges or one month130
 Resignation of entire committee to General body if passed sent to Registrar for action do Routine function until new committee is elected131
SecretarySecretary- to maintain nomination register and intimate in 7 days33
 Secretary to put up application for requisition before committee within 7 days97
 Records with Secretary in society premises123
 Outgoing  secretary to prepare the list and its Chairman to hand over124
 Secretary to write minutes and get approved in next meeting, if required Chairman may make alternate arrangement136
 Duties & responsibilities of Secretary140
 Maintenance of records is the responsibility of Secretary143
 Secretary by 15th may finalise account, list of  non-active member and submit to Registrar along with annual report by 30th September  146
 Secretary to place before Auditor all records for auditing152
 Secretary to prepare draft audit rectification report in form “O” and put up before MC for approval and submit to Registrar failing which subjected to penalty153
 Secretary to inspect property and MC to decide about repair156
 Secretary to open the tender, scrutinize with Architect, for approval of GB & Municipality 157
ShareAuthorised share capital to be decided by Jt. Registrar8
 Increase in Share money needs notice of Demand22
 Value of shares may be paid on demand to nominee under byelaw no 6436
 Value of shares may be paid on demand to heir under byelaw no 6437
Share certificateSociety may issue duplicate share certificate9
Sign boardSign  board of society at the main address2
Social cultureMay conduct social cultural or recreative activities5
SocietyChange of Address Intimate immediately to registrar2
 Immediately to become member of the Navi Mumbai Cooperative Housing Federation Ltd.6
 Registered society is eligible to acquire property or dispose72
 Society’s seal to be attested by Chairman, Secretary & Treasurer73
 Society’s right to collect dues74
 Society may allow temporary use of   open space to member169
SolarMC to allow space for installation of solar heater if space available170
SubletSublettee permissible on 8 days’ notice without  NOC43
Sub-lettee – Nominal member -admission fee Rs 100/-20
TerraceTerrace may be allowed for temporary use of a member against charges with approval of municipality170
TrainingEducation and Training Fund @ rs 10/- per flat13
 Education and training Fund for providing training14
TransferTransfer to nominee against application by 6 months34
 Absence of nomination-transfer to probable heirs after inviting claims through 2 press Notice and against Indemnity Bond on consideration of Committee35
 In absence of society’s’ response by 8 days eligibility deemed to be confirmed for transfer38 
 Any transfer in violation of law is invalid39 
 Transferee enjoys all right after official confirmation of society40
Write offWrite off by GB with Auditor’s certificate as non-recoverable149
YearFinancial year April to March163