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I. MEMBERSHIP
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(A)
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Classes of Members
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16
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The membership of the society
shall consist of (i) Members, including associate members and (ii) Nominal
Members.
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(B)
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Eligibility of Membership
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17
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(a)
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No individual shall be
admitted as a member of the society except for the following that is to say-
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1)
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Who is competent to contract
under the Indian Contract' Act, 1872.
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2)
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A firm, co-operative society, company or any other body
corporate constituted under any law for the time being in force, or a society
registered under the society’s registration Act, 1860.
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3)
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A society registered, or deemed to be registered, under the
MCS Act, 1960.
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4)
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The State Government or the
Central Government;
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5)
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A local authority;
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6)
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A public trust registered
under any law for the time being in force for the registration of such
trusts.
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17
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(b)
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A minor or a person of
unsound mind, inheriting shares and/or interest of the deceased member in the
capital/ properly of the society, or if nominated may be eligible for
admission to membership of the society through his guardian or legal
representative on an application in the prescribed form, along with
undertakings/ declarations, in the prescribed forms, mentioned in the
application.
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17
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(c)
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"Notwithstanding
anything contained in these bye-laws, admission of a person to membership of
the society direct or as a result of transfer of shares and interest of the
existing member, in the capital/property, of the society, shall be subject to
the approval of the concerned competent authorities such as collector of the
district, if the society has been given land by Government/CIDCO/M HADA or
any other authority for constructing houses thereon.
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Note:
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(1)
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"Family" means as defined under Bye-law No. 3(xxv)
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Note:
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(2)
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Signatories to the
application for registration of the society shall be deemed to be the members
of the society after its registration.
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Note:
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(3)
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Number of members in the
society shall be limited to the number of flats constructed in the building.
Excess members shall not have right, title or interest in the Society's
property or shall not be eligible for voting. It shall be binding on the
committee to induct the members to the extent of the number of flats.
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18
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A firm registered under the Indian Partnership Act, 1932, a
company registered under the Indian Companies Act, 1949, a society registered
under the Societies Registration Act, 1860 or a co-operative society
registered under the Maharashtra Co-op. Societies Act, 1960, a local
authority, the State/Central Government, a public trust or any other body
corporate, registered under the law for the time being in force, as provided
under Section 22 (i) (b) (c) (e) & (f) of the Act may be eligible for
admission to membership of the society. However admission of firms and
companies to membership of the society and holding of flats by them shall be
regulated in accordance with notifications issued by the State Government
from time to time under the second Provision to Section 22 of the Act.
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(C)
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Conditions for Membership
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19
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(A)
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An individual who is eligible to be the member and who has
applied for membership of the society in the prescribed form, may be admitted
as member by the committee on complying with the following conditions
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(i)
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he has fully paid the value
of at least ten shares of the society, along with his application for
membership;
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(ii)
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he has paid the entrance fee
of Rs.100/- along with the application for membership;
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(iii)
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he has given the application in a prescribed form as
prescribed the particulars in regard to any house, plot or flat owned by him
or any of the members of his family, anywhere in the area of operation, of
the society.
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(iv)
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he has given the undertaking
in the prescribed form to the effect that he shall use the flat for the
purpose for which it was purchased by him.
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(v)
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he has furnished an undertaking in the prescribed form if he
has no independent source of income;
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(vi)
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he has sent, along with the
application for membership of the society, a certified copy of the agreement,
duly stamped entered into by him with the Promoter (Builder) or
transferor under Section 4 of the Ownership Flats Act 1963.
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(vii)
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he has furnished such other undertakings/ declarations, in the
prescribed forms as are required under any law for the time being in force
and such other information as is required under the Bye-laws of the society
along with the application for membership.
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Note:
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The conditions at (iii), (iv), (v) and (vii) above shall not
be applicable in respect of the unsold flats.
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(B)
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An individual, a firm, a company or a body corporate,
registered under any law for the time being in force, who/which is eligible
to be an associate member and who/which has made an application in the
prescribed form for such membership, along with the entrance fee of Rs. 100/-
may be admitted as such member by the committee.
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(C)
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A firm, company or any other body corporate, registered under
any law for the time being in force, which is eligible to be a member of the
society and which has made an application for membership of the society in
the prescribed form may be admitted as a member by the general body meeting
of the society on complying with the following conditions:-
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(i)
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it has sent, along with the application for membership of the
society, a certified copy of the agreement duly stamped entered into by it.
with the Promoter (Builder) or transferor under Section 4 of the Ownership
Flats Act 1963
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(ii)
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it has paid, along with the application for membership, full
value of at least 20 shares and entrance fee of Rs. 100/-;
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(iii)
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the firm or the company has complied with the conditions
mentioned in the notifications, issued by the State Government, from time to
time, under the second Provision to Section 22 of the MCS Act 1960
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(iv)
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the firm or the company has furnished the undertakings/
declarations in the prescribed forms required under any law for the time
being in force along with the application for membership.
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Note:
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The conditions at (i) and
(iii) shall not be applicable to the firm/company of the Promoter (Builder),
applying for membership of the society in respect of the unsold flats,
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20
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A sublettee, a licensee or a
care-taker, or occupant who/ which is eligible to be a nominal member and who
shall apply through original member for such membership in the prescribed
form, applicable to hit-Wit along with entrance fee of Rs. 100/- may be
admitted as such member by the committee.
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21
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The procedure for disposal of application for membership of
the society, as laid under the bye-law No. 65 (a) to (g) shall be followed by
the Secretary and the committee of the society.
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II. RIGHT OF MEMBERS
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(A)
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Getting copy
of the Bye-laws
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22
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A member shall be entitled to receive a copy of the registered
bye-laws of the society on payment of the price thereof as per clause 172.
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(B)
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Inspection of Books and Records
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23
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A members shall have right to inspect free of cost books,
registers, documents, etc. as provided in Section 32(1) of the MCS Act 1960
and get copies of the documents as provided under Section 32(2) of the MCS
Act 1960, on payment of the fees prescribed under the bye-law No. 172.
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(C)
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Occupation of Flats
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24
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(a)
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The member, who is deemed to
have been allotted the flat under the byelaw No.76 (a) of the society, shall
have a right to occupy the flat subject to the terms and conditions set out
in the letter of allotment in the prescribed form under the said bye-law.
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(b)
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The associate/nominal member may have a right to occupy the
flat with the consent of the member and permission of the society, subject to
the conditions set out by the society.
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(D)
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Restrictions
on Rights of Associate and Nominal Members
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25
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No associate members shall have any rights or privileges of a
member except as provided under Section 27(2) of the MCS Act 1960.
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26
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A nominal member shall have no rights such as member.
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(E)
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Registration
of Membership
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(1)
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Registration
by a Member
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27
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(a)
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A member may resign his membership after giving three months
notice in the prescribed form to the Secretary of the society as provided
under Rule 21 (1) of the MCS Rules 1961
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(b)
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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
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(c)
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Where any charges are found
payable by the member of 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.
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(d)
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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 receipt of the notice of the resignation.
If nothing is communicated during the said period, then it shall be deemed
that resignation is accepted.
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(e)
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Where any resignation is rejected, the Committee shall record
the reasons thereof and communicate the same to the member concerned within 3
months from the date of receipt of notice of resignation.
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(2)
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Resignation
by an Associate Member
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28
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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 resignation of the Associate Member, before the meeting the
committee, held next after the receipt of the letter of 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 thereof 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. If the resignation is
not granted within the said period then the same shall be deemed to be
accepted.
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(3)
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Resignation by a Nominal Member, occupying the flat on
behalf of the Firm, Company, or any other Body Corporate
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29
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If there is nominal member, occupying the flat on behalf of a
firm company or any other body corporate he/ she may resign his nominal
membership, at any time, by writing the letter of the resignation to the
Secretary of the society through the firm, the company or any other body
corporate, on whose behalf he is occupying the flat. 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 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 thereof 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. If
the committee does not take any decision thereof within 3 months, the said
resignation shall be deemed to be accepted.
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(4)
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Resignation by a
Nominal Member, who is Sub-lettee, Licensee, Caretaker etc.
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30
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A sub-lettee, licensee, caretaker or possessor of a flat or;
part thereof, who has been admitted as a nominal member of the society may
resign his nominal membership at any time, by writing the letter of
resignation to the Secretary of the society, through the member who has been
permitted by the committee to sublet, given on leave and license or
caretaker basis the flat or part thereof or part with its possession in any
other manner. 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 thereof 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. within the time specified above. If the
committee does not take any decision thereof within 3 months, then it shall
be deemed that the resignation is accepted.
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31
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On acceptance of the
resignation of the member, under bye-law No.27 the society shall acquire the
shares and interest of the member in the capital/property of the society and
pay him the value thereof as provide under the bye-law No.66.
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(F)
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Nomination by Members
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32
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A member of the society may by writing under his hand, in the
prescribed form, nominate a person or persons to whom the whole or part of
the shares and/ or interest of the members in the capital/ property of the
society shall be transferred in the event of his death. The acknowledgment 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 vary his nomination, at any time, by
making an application, in writing, under his hand to the Secretary of the
society. The acknowledgment of the variation in nomination/ subsequent
nomination by the Secretary shall be deemed to be the cancellation of the
earlier nomination. Every fresh nomination shall be charged a fee of Rs.100/-
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33
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On receipt of nomination form, or the letter of revocation of
the earlier nomination, the same shall be placed before the meeting of the
Committee held next after: the receipt of the nomination form, or the letter
of revocation of the earlier nomination, by the Secretary of the society for
recording the same in the minutes of the committee. 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.
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34
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Subject to the provisions of the Section 30 of MCS Act, 1960
bye-laws No.17A or 19, on the Death of a member, the society shall transfer
the shares and interest of the deceased member in the Capital/ Property of
the Society to the Nominee/ Nominees and in proportion with the shares and
interest held by the deceased member, in case property is purchased by member
and associate member jointly.
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In the event of death of the member, Nominee/ Nominees shall
submit the application for membership, within six months from the death of a
member. If there is more than one Nominee, on the death of a member, such
nominee shall make Joint Application to the society and indicate the name of
the Nominee who should be enrolled as member. The other nominees shall be
enrolled as Joint/ Associate Members unless the nominees indicate otherwise.
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The Nominees shall also file an Indemnity Bond in the
prescribed form indemnifying the society against any claims made to the
shares and interest of the deceased members in the Capital/ Property of the
society by any of them, in case only one nominee is indicated by the
Nominee/s for membership of the society.
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35
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Where a member of the society dies without making a
nomination, or no nominee comes forward for transfer, the society shall
invite within one month from the information of his death, claims or
objections to the proposed transfer of shares and interest of the deceased
member, in the capital/ property of the society, by a public notice, in the
prescribed form, exhibited on the notice board of the society. It shall also
publish such notice in at least two local news papers, having wide
circulation. The entire expenses of publication of the notice shall be
recoverable from the value of shares and interest of the deceased member in
the capital/property of the society. 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 lathe provisions of
the bye-laws Nos. 17(a) or 19, provided that he gives an indemnity Bond along
with his application for membership in the prescribed form, indemnifying the
society against any claims made to the share and interest of the deceased
member in the capital/ property of the society, at any time in future by any
person.
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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 however, the
committee is not able to decide as to the person who is the heir/ legal
representative of the deceased member of the claimants do not come to the
agreement, as to who should become the member of the society, the committee
shall call upon them to produce succession certificate from the Competent
Court. If, however, there is no claimant, the shares and interest of the
deceased member in the capital/property of the society shall vest in the
society.
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36
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If there is a nominee and if he demands payment of the value
of shares and interest of the deceased member, in the capital/property of the
society, the society shall acquire the same and pay him the value thereof as
provided under the bye-law No. 66. If however, there are more nominees than
one and if they demand payment of the value of the shares and interest of the
deceased member in capital/property of the society, the society shall acquire
the same and pay them the value thereof as provided under the bye-law
referred to above in the proportion mentioned in the nomination form. If no
proportion is mentioned in the nomination form, the payment shall be made in
equal proportion.
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37
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If, in the opinion of
the committee, there is only one heir/ legal representative of the deceased
member and if he demands payment of the value of shares and interest of the
deceased member in the capital/ property of the society, the society may
acquire the same and pay him the value thereof as provided under the byelaw
No.66 after obtaining the indemnity bond referred to in the bye-law No 35.
If, in the opinion of the committee, there are more heirs/ legal
representatives than one and if they demand payment of the value of shares
and interest of the deceased member in the capital/ property of the society,
the society may acquire the same and pay them value thereof in equal
proportion as provided under the bye-law No.66, after obtaining the indemnity
bond referred to in the bye-law No. 35, from all their heirs/legal
representatives jointly.
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G)
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Transfer of Shares 8 Interest
in the Capital/ Property of the society
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38
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(a)
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member,
desiring to transfer his shares and interest in the capital/ property of the
society shall give 15 day's notice of his intention to do so to the Secretary
of the Society in the prescribed form, along with the consent of the proposed
transferee in the prescribed form.
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(b)
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On receipt of such notice, the Secretary of the society shall
place the same before the meeting of the committee, held next after the
receipt of the notice, pointing out whether the member is prima facie
eligible to transfer his shares and interest in the capital/ property of the
society, in view of the provisions of Section 29(2) (a) of the MCS Act 1960.
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(c)
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In the event of ineligibility
of the member to transfer his shares and interest in the capital/property of
the society, the committee shall direct the Secretary of the society to inform
the member accordingly within 8 days of the decision of the committee.
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(d)
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"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.
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(e)
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The Transferor/ Transferee shall submit following documents
and make the compliance as under:
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(i)
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application, for transfer of his shares and interest in the
capital/ property of the society, in the prescribed form, along with the
original share certificate.
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(ii)
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application for membership of the proposed transferee in the
prescribed form,
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(iii)
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resignation of outgoing member in the prescribed form byelaw
No. 27 (a)Appendix No. 13
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(iv)
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Registered agreement duly stamped.
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(v)
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valid reasons for the proposed transfer;
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(vi)
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undertaking to discharge the liabilities to the society by the
transferor.
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(vii)
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payment of the transfer fee of Rs.500/-;
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(viii)
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remittance of the entrance fee of Rs. 100/- payable by the
proposed transferee;
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(ix)
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Payment of amount of premium at the rate to be fixed by the
general body meeting but within the limits as prescribed under the circular
issued by the Department of Co-operation Government of Maharashtra from time
to time.
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No additional amount towards donation or contribution to any
other funds or under any other pretext shall be recovered from transferor or
transferee.
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(x)
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Submission of 'No Objection' Certificate, required under any
law for the time being in force or order or sanction issued by the
Government, any financing agency or any other authority.
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(xi)
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the undertaking/declaration in compliance with the provisions
of any law for the time being in force, in such form as is prescribed under
these bye-laws.
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Note:
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The condition of Sr. No. (ix) above shall not apply to
transfer of shares and interest of the transferor in the capital/ property of
the society to the member of his family or to his nominee or his heir/legal
representative after his death and in case of mutual exchange of flats
amongst the members or a registered gift deed executed by the member.
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39
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(a)
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The procedure for disposal of
applications for transfer of shares aid/or interest of members in the
capital/ property of the society as laid down under the bye-law No.65 shall
be followed by the Secretary and the Committee of the society.
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(b)
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A meeting of the committee or the general body, as the case
may be, shall not refuse any application for admission to membership of
transfer of shares and interest in the capital/property of the society except
on the ground of non-compliance of the provisions of the Act, the Rules and
the Bye-laws of the society or any other law or order issued by the
Government in exercise of the statutory powers vested in it.
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(c)
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If the decision of the committee/ general body meeting as the
case may be, on the application for transfer of shares and/or interest in the
capital/ property of the society is not communicated to the applicant within
3 months of its receipt, the transfer application shall be deemed to have
been accepted and the transferee shall be deemed to have been admitted as a
member of the society as provided under Section 22(2) of the Act.
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(d)
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The transfer made in contravention of the Act, Rules or
bye-laws shall be void and not be effective against the society.
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40
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The transferee shall be
eligible to exercise the rights of membership on receipt of the letter in the
prescribed form from the society; subject to the provisions of the MCS Act
1960 & Rules made there under.
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(H)
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Exchange of
Flats
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41
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The members, desiring to exchange their, flats shall make a
joint application to the Secretary of the society, containing the following
details.
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1)
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The names of the members concerned.
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2)
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The distinctive numbers of
their respective flats;
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3)
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The carpet areas (in sq. meters) of their respective flats;
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4)
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The building number/ numbers and name/ names of the building/
buildings in which their respective flats are situated.
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5)
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The reason for exchange of
flats.
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6)
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Registered Deed of exchange with the necessary stamp-duty
having been paid.
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42
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The procedure for disposal of application for exchanges of
flats as indicated in the bye-law No.65 shall be followed by the Secretary
and the committee of the society
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(I)
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Sub-letting etc. of Flats
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43
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(1)
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A member may, apply to the society, of his
intention of sub-letting of his flat and on receipt of the permission in writing
of the committee, subject or give on leave and licence basis or care-taker
basis his flat or part thereof or part with its possession in any other
manner under the following circumstances:
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(i)
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Where the member is required to go out of the area of
operation of the society for a long duration on account of exigencies of
service or business or on account of the prolonged illness.
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(ii)
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Where the member is unable to occupy the flat owing to absence
of facilities for education of his children or is unable to secure admission
to the school in the locality for them.
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(iii)
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Where the employer, with a view to ensure efficient discharge
of duties, requires him to stay in the accommodation allotted to him by his
employer.
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(iv)
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Where a member satisfies the committee about his inability to
occupy or continue the flat for any other genuine reasons.
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43
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(2)
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No member shall be permitted by the committee, to sub-let,
give on leave or licence basis or care-taker basis his flat or any part
thereof or part with its possession in any manner unless:
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(i)
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he has made an
application in the prescribed form.
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(ii)
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he has furnished the application for nominal membership of the
proposed sub-lettee, licensee, care-taker in the prescribed form;
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(iii)
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his application contains the undertaking that-
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(a)
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he shall, by joining the society as a
party to the proceedings initiate necessary legal proceedings against the
sub-lettee, licensee, caretaker, on his failure to get vacant possession of
the flat or part thereof on expiry of the period of sub-letting, giving on
leave and licence or care taker basis the flat or part thereof or parting
with his possession in any other manner and meet the cost of the legal
proceedings required to be incurred by the society.
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(b)
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he shall pay the charges of the society every month during the
period of sub-letting, licence etc.;
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(c)
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he shall pay non-occupancy charges to society.
Non-occupancy charges shall be charged in accordance with the circular issued
by the Government of Maharashtra and the Commissioner for Co-operation from
time to time and shall not be levied if the flat is occupied by the
"Family" of the member as defined under these bye-laws.
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Provided that while permitting the sub-letting, giving on
leave & licence or care-taker basis the flat or part thereof or
permitting parting with its possession in any other manner, the committee
shall restrict the period thereof to 11 months or for more period as desired
by the managing committee which may, on the request of the member be extended
for similar period or part thereof from time to time.
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(d)
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Non-occupancy charges shall not be levied to the flat
purchaser who is intending to become a member and who submits the documentary
evidence thereof.
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44
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The procedure for disposal of the application for permission
for subletting, giving on leave and licence or care-taker basis, flats or
part thereof or parting with their possession in any other manner, as laid
down under the bye-law No.65 shall be followed by the Secretary and the
committee of the society.
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45
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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 committee.
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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 of 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 Cooperation and Registrar,
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III. RESPONSIBILITIES
AND LIABILITIES OF MEMBERS
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(A)
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Maintenance
of Flats by Members
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46
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Every member shall keep his flat
clean.
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47
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(a)
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No member
shall, without the previous permission of the committee in writing, make any
additions or alteration in his flat.
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(b)
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The member, desirous of
making any additions or alterations in his flat shall make an application to
the Secretary of the society, giving all the required particulars. Further
action on such application shall be taken by the Secretary and the Committee
of the society as provided under the bye-law No.65.
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48
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(a)
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For
facilitating discharge of functions mentioned under the byelaw No. 156 by the
Committee, every member shall allow the Secretary of the Society, accompanied
by any other member of the Committee to enter upon his flat with prior
intimation to the Member, to examine its condition for ascertaining the
repairs, if any, necessary. The Secretary of the Society shall make a report
to the Committee indicating therein the particulars of the repairs to be
carried out by the society at its cost and those by the members at their
cost.
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(b)
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On receipt of such report, the committee
shall ascertain the cost involved in the repairs, which are required to be
carried out by the society at its cost as provided under the bye-law No.160(a) and cause the notice to
be served on the member for such period as the committee thinks adequate, of its intention to carry out
the repairs and there-upon the member concerned shall allow the workmen
engaged by the society directly or through its architect, access to his flat
for carrying out the repairs. If the member concerned fails to give access to
his flat, without reasonable and convincing reasons the Secretary of the
society shall have authority to enter upon the flat and carry out the work
under the supervision of the member of the committee duly authorised by it in
that behalf or the architect appointed by the society.
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(c)
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In respect of the
repairs to be carried out by the member at his cost, the committee shall cause
the notice to be served on the member indicating therein, the particulars of
repairs necessary at his flat and calling upon him to carry out the repairs
to his flat to the satisfaction of the architect approved by the society, if
any, at his cost, within such period as the committee may allow. On his
failure to comply with the notice, the Secretary of the society or the
architect appointed by the society shall have authority to enter upon the
flat and cause the repairs to be carried
out after giving due notice to the member concerned. The amount spent by the
society on such repairs shall be recoverable
from the member concerned.
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49
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No member without the previous permission of the committee, in writing shall stock or store any
kind of goods or materials, which are combustible obnoxious or other goods,
for the storing of which requires permit/ sanction of the competent authority
under any law relating thereto.
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50
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(a)
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No member shall do or suffer anything
to be done in his flat which may cause nuisance, annoyance or inconvenience
to any of the members of the society or carry on practices which may be
repugnant to the general decency or morals of the members of the society.
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(b)
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It shall be competent for the committee either sou-moto or on
receipt of the complaint from any member, to take steps to stop all such
practices referred to in the
bye-law 50(a) forthwith.
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(B)
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Expulsion of a Member
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51
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A member may be expelled from the membership of the society,
if such a member:
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(i)
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has persistently
failed to pay the charges due
to the society.
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(ii)
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has willfully
deceived the society by giving false information.
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(iii)
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has used
his flat for immoral purposes or misused it for illegal purposes habitually;
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(iv)
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has been in the habit of committing breaches of any of the
provisions of the bye-laws of the society, which, in the opinion of the
Committee are of serious nature;
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(v)
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has furnished false information or omitted to furnish the
material information to the Registering Authority at the time of registration of the Society.
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52
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(a)
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The cases of expulsion from
the membership of the society shall be dealt with in the manner provided
under Section 35 of the Act, read with Rules 28 and 29 of the MCS Rules 1961.
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(b)
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Expulsion from membership may involve forfeiture of the shares
held by the member. Where the Committee decides the expulsion from membership
should also involve forfeiture of the shares, it shall make necessary
reference to the proposed forfeiture of the shares in the notice to be issued
under Rule 29 of the MCS Rules 1961.
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53
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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 Registering
Authority. The forfeiture of shares may take effect simultaneously with
expulsion.
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54
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The member, who has been duly expelled from the membership of
the society shall not be entitled to continue in occupation of his flat and
he shall arrange to hand over peaceful and vacant possession of his flat to
the Secretary of the society within such period as the committee may allow.
On his failure to do so, he shall be liable to be evicted from his flat.
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55
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If the meeting of the general body of the society has decided
not to forfeit the shares, the interest of the expelled member in the
capital/ property of the society and the value thereof shall be acquired by
the society and the value thereof shall be paid to expelled member within 3
months of his handing over possession of his flat or his eviction from it,
after following the procedure as laid down under the bye-law No.66 in respect
of payment of the value of the shares and interest in the capital/ property
of the society acquired by the society.
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56
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|
No
member of the society, who has been expelled from its membership, shall be
eligible for readmission to membership in the society, until expiry of period
of one year from the date of his expulsion, provided that on the
recommendations of the meetings of the general body of the society, the
expelled member may be readmitted to its membership as a special case before
the expiry of the period of one year, with the prior permission of the
Registering Authority.
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(C)
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Cessation of Membership
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57
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The person shall cease
to be the member of the society
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(i)
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on his resignation from membership of the society having been
accepted by the committee.
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(ii)
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on transfer of all his shares and interest in the capital/
property of the society;
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(iii)
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on his death;
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(iv)
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on his expulsion from the membership of the society;
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(v)
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on being adjudged as an insolvent or legally disabled from
continuing as member;
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(vi)
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If the whereabouts of the member are not known for continuous
seven years and if his shares and interest in the property/ capital of the
society is not claimed by anybody else.
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(vii)
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on cessation of right/title and interest as a member in the
property of the society by way of legal attachment or sale.
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The
committee shall take further action in the matter as indicated in the bye-law
No. 61.
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58
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The person shall cease to be the associate member of the
society, when the original member ceases to be the member of the society or
on the death of the associate member or on the acceptance of the resignation
of the associate member by the committee. The committee shall take further
action in the matter as indicated in the Bye-law No.61.
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59
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|
If there is a nominal member, occupying the flat on behalf of
the firm, company or any other body corporate he shall cease to be as such
member of the society;
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(i)
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on his death
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(ii)
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on the acceptance of his resignation by the committee
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(iii)
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on cessation of the
membership of the original member on whose behalf he occupies, his flat in
the society.
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(iv)
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on cessation of his nomination on account of expulsion of the
original member.
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(v)
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on intimation from the original member of termination of the
occupant's nomination.
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The Company shall take further action in the matter as
indicated in the bye-law No.61.
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60
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The nominal member, who is the sub-lettee, licensee or care
taker or possessor in any other manner of the flat or the part thereof shall
cease to be as such member of the society:
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(i)
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on the death.
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(ii)
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on his resignation having
been accepted by the Committee.
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(iii)
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on the cessation of the membership of the original member.
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(iv)
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on the expiry of the period
for which the flat or part thereof was permitted to be sub-let, given on
leave and licence or care-taker basis.
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Note:
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The words 'original member' used in the bye-laws Nos.57, 58,
59 and 60 mean the member with whom the associate member held the shares of
the society jointly, the Firm, the Company or any other Body Corporate, on
whose behalf the nominal member occupies flat in the society's building or
the member who has been permitted to sub-let, give on leave and licence or
care-taker basis his flat or part thereof or part with it's possession in any
other manner.
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61
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|
The committee shall record
the facts of cessation of member membership of the society under the bye-law
No. 57 and of associate and nominal member's membership respectively under
the bye-law Nos. 58, 59, and 60 in the minutes of its meeting and accordingly
the Secretary of the society shall inform the concerned members in writing
within 7 days of the dates of such decision of the committee.
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(D)
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Restriction on Holding more than One Flat
|
62
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|
Individual member of the society may hold more than one flat,
in the building/s of the society in his name or in the name of any of the
members of his family. Subject to the conditions as provided under the
provision of section 6 of MCS Act 1960.
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(E)
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Liabilities of a Member
and the Past Member
|
63
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|
The liability of a member of the society shall be limited to
his shares-holding in the society.
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64
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|
Liability of past member of the society for the debts of the
society as they stood on the date of the cessation of his membership and the
liability of the estate of the deceased member of the society for the debts
of the society as they stood on the date of his death shall continue for, the
period of 2 years from the date of his cessation or death respectively as per
the provisions of Section 33(1) of the Act.
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(F)
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Other Matters
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65
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|
(a) All the applications for (i) admission to membership of
the society, including associate and nominal membership (ii) approval to the
transfer of shares and interest in the capital/property of the society (iii)
permission for sub-letting or giving flats or parts thereof on leave and
licence or care taker basis (iv) permission for additions and alterations in
flats (v) allotment of parking spaces and stilts (vi) permission for exchange
of flats (vii) permission for holding additional flats
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(viii)
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permission for assigning,
mortgaging or creating charge or interest in flats
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(ix)
|
Permission for use of terrace
and (x) for any other purpose provided under the bye-laws but not
specifically mentioned above, shall be addressed to the Secretary of the
Society. Every application received by the Secretary shall be acknowledged by
him.
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(b)
|
On receipt of applications, the Secretary of the society shall
scrutinise them and bring any short-coming therein to the notice of the
members concerned within 7 days of their receipt for compliance.
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(c)
|
The Secretary shall place all the applications, complete in
all respects or incomplete, before the meeting of the committee or the
general body as the case may be held next after receipt of the applications.
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(d)
|
The committee or the General Body as the case may be shall
consider all such applications at its meetings and take decisions thereon.
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|
(e)
|
The committee shall ensure that all the applications received
by the Secretary of the society are disposed off within the maximum period of
3 months from the dates of their receipt;
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(f)
|
If the committee or the General Body, as the case may be
rejects any applications, it shall record, in the minutes of its meetings,
the reasons for rejection of the applications;
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|
(g)
|
The Secretary of the society shall communicate the decisions
of the committee or the General Body, as the case may be, to the applicants
concerned within 15 days of the decisions of the committee or the General
Body, as the case may be, with reasons, where the applications are rejected by
the committee or the General Body, as the case may be, if the society does not communicate the decision to the
applicant within three months from the date of receipt of application for
membership including nominal or associate membership, the applicant shall be
deemed to have been admitted as a member a provided under Section 22(2) of
the M.C.S. Act 1960.
|
66
|
|
Wherever the question of payment of the value of the shares
and the interest of any member of the society in its capital/property, as the
result of acquisition of the same by the society arises, the following
procedure shall be followed:
|
|
(i)
|
The value of shares
shall be decided in accordance with the provisions of Rule 23 of the M.C.S.
Rules 1961.
|
|
(ii)
|
The shares and interest of
the expelled member; in the property/ capital of the society shall be valued
by the Government approved valuer.
|
|
(iii)
|
Within one month of the date of demand for payment of the
value of the shares and interest in the capital/property of the society or
acquisition of the same by the society, the Committee shall, by publication
of the notice in at least two widely circulated news papers and exhibition
thereof on the notice board of the society invite offers for price proposed
to be paid for acquiring interest in the flat, within such period as is
mentioned in the notice.
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|
(iv)
|
On receipt of the offers, the committee, in its meeting, shall
scrutinise the same and decide to accept the offer which is the highest,
which shall not be less than the approved value as determined in (ii) above.
|
|
(v)
|
The committee shall then advise the person, offering the
highest price, to make an application for membership of the society, in the
prescribed form along with a demand draft for the price offered value of 10
shares of the society and the entrance fee of Rs. 100/-.
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|
(vi)
|
On realization of the demand draft and within one month of the
admission of the said person to membership of the society, the Committee shall
arrange to pay the value of the interest in the flat realized by the society.
|
|
(a)
|
To the member whose
resignation has been accepted by the Committee Or
|
|
(b)
|
To the nominee/s legal heir/s of the deceased member who
demanded payment of the value of the shares and the interest in the capital
or property of the society, or
|
|
(c)
|
To the expelled member
together with the value of the shares as determined under (i) above and after
deducting the following'
|
|
(1)
|
Outstanding amounts, if any,
due from such member;
|
|
(2)
|
the entire expenses of the
publication of the notice;
|
|
(3)
|
Expenses incurred for
the disposal of the interest of the member in the property/capital of the
society. The payment shall be made in the manner provided under the bye-laws
Nos. 36, 37 and 55 of the nominee/nominees or heir/heirs, respectively.
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