Modes of communication of Notices, Resolutions, Decisions etc. Bye Law No a It shall be open to the Society, having regard to the importance of the matter and the specific provision made thereof under the MCS Act, the MCS Rules and the Bye-laws of the Society, to give notice of every General body meeting and communicate the resolution or the decision, to the Members of the Society on their last known addresses, by one of the following modes: i Hand delivery ii Dispatch through post office or by registered post, with or without acknowledgement due, or by email. Bye Law No Accounting Year The accounting year of the Society shall be that commencing on 1st April and ending on the 31st March of the subsequent year. If there is more than one building, the similar Notice Board shall be fixed in all the buildings. The General Body Meeting, after considering the Say of the Member and after giving him hearing, may levy penalty to the extent of maximum consolidated penalty not exceeding Rs.
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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. Bye Law No 22 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. 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 No.
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. No rights of Membership for Associate Member except that under Section 27 2 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 Bye Law No A Member may resign from Membership after giving three months notice in the prescribed form to the Secretary of the Society as provided under Rule 21 1 of the Rules.
Bye Law No 27 b Resignation not to be accepted unless charges of the Society are fully paid 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. Bye Law No 27 c Communication of outstanding charges due to Society from the Member Where any charges are found payable by the Member to 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 intimation.
Bye Law No 27 d Acceptance of resignation where no charges of the Society are outstanding 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.
Bye Law No 27 e Communication of reasons for rejection of resignation Where any resignation is rejected, the Committee shall record the reasons therefore and communicate the same to the Member concerned within three months from the date of receipt of notice of resignation.
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. 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 the 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 therefore 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.
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. Bye Law No. Resignation by a sublettee. 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 the 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 there for 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. Bye Law No The acknowledgement of the nomination by the Secretary, shall be deemed to be the acceptance of nomination by the Secretary. No fees shall be charged for recording the first nomination.
A Member may revoke or revise his nomination, at any time, by making an application, in writing, under his hand, to the Secretary of the Society. Every revision of the nomination shall be charged a fee of Rs.
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. 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. It shall also publish such notice in at least two local news papers, having wide circulation.
After taking into 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 opinion 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. 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 no proportion is mentioned in the nomination form, the payment shall be in equal proportions. Bye Law No 38 d No Objection Certificate not required but if required may be issued within 1 month "No Objection Certificate" of the Society is not required to transfer the shares and interest of the transferor to 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 application on merit, within one month.
Registered Agreement with Stamp Duty paid; v. No additional amount towards donation or contribution to any other funds or under any other pretext shall be recovered from transferor or transferee. Note: The condition at sr. 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 or order under section 22 or 23 of the Act from the Registrar; subject to the provisions of the MCS Act , Rules and Bye-laws.
Application for exchange of flats by the Members of the The Members, desiring to exchange their flats, shall make a joint application to the Secretary of the Society, containing the following details: a.
The names of the Members concerned; b. The distinctive numbers of their respective flats; c. The carpet areas in sq. The reasons for exchange of flats. 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.
I Sub-letting etc. However the intimation needs to be given to the society 8 days before such subletting. 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.
Model Bye–Laws of Cooperative Housing Society
These bye-laws provides a distinct guidelines to the co-operative society management to facilitate ease of functioning and peaceful cohabitation of the members. Also Maharashtra Cooperative Housing Society Bye-Laws aids societies to initiate any redevelopment process as per the norms of the authority. Therefore, let us have a look at the key features that the MCS Act states: Area of operation: The act states that the area of operation for any co-operative housing society is confined to all the cities and towns of Maharashtra. Affiliation: Upon registering, the society becomes a member of Housing Federation of the district. As such the society becomes eligible to receive funds from the district central co-operative bank as per the bye-laws of the respective organisations. Fundraising: As per the act, the society can raise fund for themselves as and when required either by charging an entrance fee or issuing shares or offering loans and subsidies.
MODEL BYE LAWS OF COOPERATIVE HOUSING SOCIETY
Maharashtra Co-operative Housing Society Bye Laws