COOPERATIVE HOUSING SOCIETY BYE LAWS MAHARASHTRA PDF

Expulsion of a Member in a Co-operative Housing Society is an extreme measure and most Societies consider it their last resort. When everything else fails to set things right, expulsion of the concerned Member is considered the only way out. A Member may be expelled from the Membership of the Society, if such Member:. No Resolution shall be valid, unless the Member concerned is given an opportunity of representing his case to the General Body and no Resolution shall be effective unless it is approved by the Registrar. 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 from the Membership of the Society is approved by the Registrar of Co-op.

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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.

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-lawsof the Society. 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. This strength includes the reservation of seats as provided under section 73B and 73C of the Act.

It shall be the duty of the Committee to intimate to the State Election Authority for holding of its election before expiry of its term.

On failure the Committee Members shall cease to hold office after expiry of its term, and attract action by the Registrar under section 77 A. The number of such co-opted Members shall not exceed two in addition to the strength of the committee as provided in bye-laws No.

In respect of housing society having contribution of the Government towards its share capital, then the members of the committee shall include two officers of the Government nominated by the State Government, which shall be in addition to the number of members specified as above, and as provided under section 73 AAA of the Act. No Officer of the Society shall have any interest, directly or indirectly, otherwise than as such officer: a In any contract made with the Society.

Bye Law No In case of an Associate Member, non-submission of the no-objection certificate and undertaking, as prescribed under these bye-laws, by the Member ;. 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, has not been so far constituted, forward their names together with their permanent addresses to the Registrar, who shall, within fifteen days from the date of receipt thereof by him, publish or cause to be published such names and addresses by affixing a notice on the Notice Board or at any prominent place in his office; and upon Constitution of the Committee such publication, the Committee of the Society shall be deemed to be duly constituted.

In determining two-thirds of the number of Members, a fraction shall be ignored. If a Member of the Committee attracts any of the disqualifications under the bye-law no.

No Member of the Committee shall be present at the consideration of any matter, in which he is directly or indirectly interested.

The period of office of the Committee elected under the bye-law No. The first meeting of the newly elected jointly with outgoing Committee shall be held within 30 days from the date of constitution of the new committee as per bye-law No.

Subject to the provisions of the bye-law No. On the failure of the Secretary of the outgoing Committee to convene the joint meeting, the Chairman of the outgoing Committee shall call it.

On the failure of both, the Registration Authority may call such a meeting. All records of the Society shall be kept at its premises, convenient to the secretary, with the approval of the Committee of the Society. 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.

The retiring Chairman shall hand over the charge of the office of the Committee and all papers and property of the Society, in his possession to the Chairman of the new Committee, as per provisions contained in Section of the MCS Act Every Committee, at its first meeting, after its election shall elect a Chairman, Secretary and Treasure from amongst the Members of the Committee. The Officer of the Society shall hold office for the period of 5 years from the date on which he is elected to be the Chairman as the case may be the Secretary and Treasurer but not beyond the expiry of term of the Committee.

Provided further that another motion of No Confidence shall not be brought against the Chairman or as the case may be the Secretary or Treasurer of the Society unless the period of 6 months has elapsed from the date of preceding motion of the No Confidence.

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. It shall not be competent for the Committee to transact any business unless there is the quorum at the time of consideration of every item on the agenda of the meeting of the Committee.

The Committee shall meet as often as necessary but at least once in a month. The Committee may fill a casual vacancy on the Committee by nomination out of a 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 Cooperative Election Authority. The period of office of the co-opted Member of the Committee shall be coterminous with tenure of Office of the Committee.

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 or on expiry or the period of one month from the date of the receipt of the letter or resignation by the Chairman or the Secretary of the Society, whichever is earlier. The Chairman of the Society may resign his office as Chairman by a letter addressed to the Secretary of the Society;.

The Secretary or Treasurer of the Society may resign his office as Secretary or Treasurer by a letter addressed to the Chairman of the Society. In case entire committee intends to resign, the resignations of the committee shall be placed before the General Body and such resignations shall be effective from the date of acceptance of such resignations by the General Body.

This fact of acceptance of resignations of the entire Committee by the General Body, shall be communicated to the Registrar by the outgoing officers and Registrar may take necessary action as provided under section 77 A of the Act.

However the existing Committee shall continue to carry on with only routine functioning of the Society, till alternate arrangement is made by the Registrar. Where the Secretary of the Society fails to issue such a notice and agenda of any meeting of the Committee, the Chairman of the Society shall issue it.

If the Chairman and the Secretary of the Society fail to issue a notice and agenda of any meeting of the Committee, the concerned Housing Federation, of which Society is affiliated, on its receipt of such information and request may call such a meeting. 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 present shall elect one of them to be the Chairman, for that occasion, who shall preside over the meeting.

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. On the failure of the Secretary of the Society to convene such a meeting within the time stipulated the procedure laid down under the bye-laws No. 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 and the chairman of the meeting in the absence of the Secretary the Chairman of the Society shall make alternate arrangement for recording minutes of the meeting.

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. The Members of the committee shall be jointly and severally responsible for all the acts and omissions detrimental to the interest of the Society. Subject to the bye - law the Committee shall exercise the powers and discharge the functions and duties as mentioned hereunder.

The Chairman of the Society shall have the power of overall superintendence, control and guidance in respect of management of the affairs of the Society within the frame-work of the MCS Act Rule and the Bye-laws of the Society.

In case of any emergency, the chairman of the Society may be competent to exercise any of the powers of the committee. However, while doing so he shall record the reasons thereof in writing Any decision, so taken by the chairman of the Society shall be got ratified in the next meeting of the Committee. The functions of the Secretary of the Society shall be those mentioned below :.

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. Bye Law No d In respect of housing society having contribution of the Government towards its share capital, then the members of the committee shall include two officers of the Government nominated by the State Government, which shall be in addition to the number of members specified as above, and as provided under section 73 AAA of the Act.

Bye Law No d In case of an Associate Member, non-submission of the no-objection certificate and undertaking, as prescribed under these bye-laws, by the Member ;. Bye Law No e he is not an Active Member ;. Bye Law No f he has without previous permission in writing has sublet his flat or part thereof or given it on leave and license or care taker basis or has parted with its possession in any other manner or has sold his shares and interest in the society.

A person shall cease to be the Member of the Committee, if: i. Bye Law No b Subject to the provisions of the bye-law No. Bye Law No b Tenure of Office of Office Bearers The Officer of the Society shall hold office for the period of 5 years from the date on which he is elected to be the Chairman as the case may be the Secretary and Treasurer but not beyond the expiry of term of the Committee.

Bye Law No a Committee meeting once in a month The Committee shall meet as often as necessary but at least once in a month. Bye Law No b in case of emergency, the Committee may place a resolutions and get the same passed by the Committee Members, however the same be placed before the next subsequent meeting. Table of Content. We are trying to update it as much as possible.

In the event you notice any discrepancy do message us on our twitter account mysocietyclub with the page link. Submit Close. Get In Touch Close. OFFER valid only for this month. To consider acceptance of deposits from Members and raising of funds. To consider and recommend to the meeting of the general body, the rates of contribution. To ensure that nomination and revocations thereof are recorded in the minutes of the committee.

To take action on the report of the Secretary on inspection of the Flats. To take action on cases of cessation of Membership, including associate and nominal Membership. To consider and decide the applications for various purposes received by the Society.

To fix the rate of insurance premium in respect of commercial use of flats. To fix in respect of every flat the Society's charges on the basis of the proportion laid down under the bye-law 69 a. To review the position of recovery of the charges due to the Society from Members and to initiate action against defaulted charges of the Society.

To verify compliance of the provisions relating to charging of interest in defaulted charges of the Society. To authorise a Member of the Committee to attest deed of conveyance, share certificates and any other documents to which the seal of the Society is affixed. To issue letters of allotment of flats to those who have purchased flats from the Promoter Builder. To make available papers of the Society for perusal if asked for by the Members.

To ensure holding of every annual meeting of the general body are kept on the agenda of the meeting. To ensure that all matters required to be considered at an annual meeting of the general body are kept on the agenda of the meeting. To arrange for election of a new Committee prior to the expiry of the period of the existing committee. To approve the audit rectification reports of statutory and internal audits and to forward them to the authorities concerned.

To take steps to maintain the property of the Society in good condition and to carry out repairs to it and renewals thereof. To suggest to the general body meeting the rates of penalties for breaches of bye-laws and to issue show cause notices.

To suggest to the meeting of the general body the games to be allowed to be played in the compound of the Society. To ensure that the Society is affiliated to Housing Federation and its subscription is regularly paid. To take the decision on the complaint application in the Managing Committee Meeting and inform the concerned Member of its decision accordingly. To scrutinize the tenders, received for construction work and to submit the same along with Committee's report to the meeting of the General Body and to enter into contract with the contractor.

To attend meeting accounts books, register and other records, unless otherwise decided by the committee. To produce records of the Society before different authority concerned with the working of the Society with the consent of the Chairman.

To bring breaches of the Bye-laws by the Members of their notices under instructions from the committee and Penalties there to.

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Maharashtra Co-operative Housing Society Bye Laws

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. 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-lawsof the Society. 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. This strength includes the reservation of seats as provided under section 73B and 73C of the Act. It shall be the duty of the Committee to intimate to the State Election Authority for holding of its election before expiry of its term.

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Recent changes in Maharashtra Co-Operative Society Act 1960

Maharashtra Co-operative Housing Society Bye Laws offer a clear set of guidelines for management of cooperative housing societies in the state of Maharashtra. Each housing society needs to follow the rules as listed in the Maharashtra Co-operative Housing Society Bye Laws to qualify as a registered housing society. Bye-Laws: Bye-laws mean the registered bye-laws of the society. Chief Promoter: Chief Promoter means the person who is elected by the Promoters till the first general body meeting of the society takes place. Committee: Committee means the Committee of the members that look after the overall management of the affairs of the society.

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