MODEL BYE – LAWS OF COOPERATIVE HOUSING SOCIETY

1 MODEL BYE LAWS OF COOPERATIVE HOUSING SOCIETY (Tenant Co Partnership HOUSING SOCIETY ) 2014 1 3 a. The Name of the SOCIETY bye Law no 1. a 3 c. The SOCIETY is classification bye Law no 1. c 3 a. The registered address of the SOCIETY bye Law no 2. a 3 II. INTERPRETATIONS BYE LAW NO 3 3 III. AREA OF OPERATION BYE LAW NO 4 6 IV. OBJECTS 7 5. The objects of the SOCIETY bye Law no 5 7 V. AFFILIATION BYE LAW NO 6 7 VI.

2 FUNDS, THEIR UTILISATION AND INVESTMENT 7 ( A ) Raising of Funds bye law no 7 7 (B)Share Capital bye law no 8 8 (C) Limit of Liabilities bye law no 11 8 (D) Constitution of the Reserve Fund bye Law no 12 8 (E) Creation of Other Funds bye law no 13 a.

3 B. c. d. 9 b. Major Repairs Funds bye law no 13 b. 9 (F) Utilisation of the Funds by the SOCIETY bye law no 14 9 a. Reserve Fund bye law no 14 a 9 b. Repairs and Maintenance Fund bye law no 14 b 9 c. Sinking Fund bye law no 14 c 9 (G) Investment of Funds bye law no 15 10 VII. MEMBERS, THEIR RIGHTS, RESPONSIBILITIES AND LIABILITIES 10 ( A ) Classes of Members bye law no 16 10 ( B ) Eligibility for Membership bye law no 17 10 ( C ) Conditions for Membership bye law no 19 11 ( A )

4 Rights of Member 13 Active Member bye law no 22 c 13 ( B ) Getting Copy of the Bye laws, Audit Report & 13 Inspection of Books & Records and getting copies thereof bye law no 23 a. b. 13 ( C ) Occupation of Flats bye law no: 24 14 ( D ) Restrictions on Rights of Associate and Nominal Members bye law no 25 14 ( E ) Resignation of Membership bye law no 27 14 ( G ) Nomination by Members bye law no 31 16 ( H ) Transfer of Shares and interest in the Capital/Property of the SOCIETY Bye law no 37 17 ( I )

5 Exchange of Flats bye law no 40 19 ( J ) Sub letting etc. of Flats bye law no 42 19 VIII. RESPONSIBILITIES AND LIABILITIES OF MEMBERS 20 ( A ) Maintenance of Flats by Members Flats to be maintained bye law no 44 47 ( B ) Expulsion of a Member bye law no 48 21 ( C ) Cessation of Membership bye law no 54 22 ( D ) Restrictions on Holding more than One Flat bye law no 59 23 ( E )

6 Liabilities of a Member and the Past Member bye law no 60 23 ( F ) Other Matters bye law no 62 23 IX. LEVY OF CHARGES OF THE SOCIETY BYE LAW NO 64 , 65 , 66, 67 , 68, 69, 70 25 X. INCORPORATION, DUTIES AND POWERS OF THE SOCIETY 27 XI. GENERAL MEETINGS BYE LAW NO 84 108 30 ( A ) First General Meeting bye law no 84 30 ( B ) Annual General Body Meetings bye law no 93 32 ( C ) Special General Body Meetings bye law no 95 32 XII.

7 MANAGEMENT OF SOCIETY BYE LAW NOS 109 139 34 XIII . MAINTENANCE OF ACCOUNT BOOKS AND REGISTERS 140 - 146 42 Subject Index Particulars bye law no page no 2 XIV. APPROPRIATION OF PROFITS BYE LAW NO 147 45 XV. TO WRITE OFF OF IRRECOVERABLE DUES. BYE LAW NO 148 45 XVI. AUDIT OF ACCOUNTS OF THE SOCIETY BYE LAW NO 150 152 45 XVII. CONVEYANCE / DEEMED CONVEYANCE OF THE PROPERTY, AND REDEVELOPMENT AND REPAIRS/MAINTAINCE OF THE PROPERTY 46 XVIII. OTHER MISCELLANEOUS MATTERS 49 XIX. REDRESSAL OF MEMBERS COMPLAINTS 52 XX REGARDING REDEVELOPMENT OF SOCIETIES BUILDINGS 55 3 I.

8 PRELIMINARY 1. a. The Name of the SOCIETY shall be .. b. The SOCIETY shall follow the procedure laid down under Section 15 of the Act and Rule 14 of the Rules for the change of its name. c. The SOCIETY is classified under major class " HOUSING " with sub-class "Tenant Ownership / Tenant Co-partnership / Other HOUSING SOCIETY ." 2. a. The registered address of the SOCIETY shall be as under: .. b. Address for Correspondence ( as decided by the Managing Committee) .. c. Any change in the registered address of the SOCIETY shall be intimated by it to the Registering Authority and all others concerned within 30 days of such change.

9 D. Any change in the registered address of the SOCIETY shall be made after following the procedure laid down in Rules. e. The SOCIETY shall exhibit at a conspicuous place at the main entrance of the building , a Board indicating its name. Registration number and the registered address. II. INTERPRETATIONS 3. Unless otherwise separately provided in these bye-laws, the following words and terms shall have the meaning assigned to them here in : i. 'Act' means the Maharashtra Co-operative Societies Act; (MCS Act) 1960. ii. Bye-laws means by-laws consistent with Act and registered under this Act for the time being in force and includes registered amendments of such bye-laws;; iii.

10 'Chief Promoter' means the person who is elected by the Promoters, in their first meeting, or in their subsequent meetings in case the post of the Chief Promoter lies vacant, till the first general meeting. Name of the SocietyProcedure for changing the ClassificationAddress of the SOCIETY Address for Correspondence Procedure for changing the address of the SOCIETY Exhibition of Name Board Interpretations of the words and terms4 iv. "Committee" means the Committee of management or board of directors or the governing body or other directing body of a COOPERATIVE HOUSING SOCIETY , by whatever name called, to which the management of the affairs of a SOCIETY is entrusted and vested under section 73 of the Act.