Bye-Laws Chapter XI



Xl. MANAGEMENT OF THE AFFAIRS OF THE SOCIETY

111

Subject to the provisions of the MCS Act 1960, the MCS Rules 1961 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 specified in these bye-laws.

112

The Management of the affairs of the society shall vest in the Committee duly constituted in accordance with the provisions of the MCS Act 1960, the Rules 1961 and the Bye-laws of the society.

113

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. 139.


114

A Banking Account shall be opened by the society in the nearest State or District Central Co-op. Bank or its branch or in any scheduled co-op Bank. If account is to be opened in Nationalized Bank, then prior permission of registering authority shall be necessary and the account shall be operated upon and all acquittances and discharges shall signed by the Secretary jointly with the Chairman or treasurer. After account is opened, it should be informed to that effect to the Registrar within 15 days. However, investment in long term should be made in the District Central Co-operative Bank only.

115

The committee shall consist of 5*17/9/11 members of the society. This strength includes the reservation of seats for women members provided under Section 73 BBB of the Act.

Note:

The strength of the managing committee and strength of the quorum for conducting the meeting would be as under:


No. of Members
Strength of the M.G.
General      Women
Total
Quorum in M.C.


Up to 50
4
1
5
3


51 to 100
6
1
7
4


101 to 300
8
1
9
5


301 and above
9
2
11
6


Strike out which is not required.


116
(a)
Election of all the members of the committee shall be held once in 5 years, in accordance with the Election Regulation annexed hereto (Vide Annexure III). The retiring members of the Committee shall be eligible for re-election. If the paid up share capital is more than Rs. 10000/- then the voting shall be done by secret ballot.


(b)
In the event of receipt of inadequate valid nominations, required to constitute the full committee, the General Body at its meeting shall fill in the vacancies by election. On the failure of the general body meeting to elect the required number of members to constitute the committee, the elected members of the committee shall be competent to fill in the same by co-option whether they form the quorum or not, notwithstanding the provisions of the bye-law No. 127 regarding the quorum.


117

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;


(b)
in any property sold or purchased by the society;


(c)
in any other transaction of the society, except as investment made in or loan taken from the society for provision of residential accommodation by the society to any paid employee of the society.


118

No person shall be eligible for being elected as member of the Committee or co-opted on it, if:

(i)
He has been convicted of the offence, involving moral turpitude, unless the period of six years has elapsed since his conviction;


(ii)
he defaults the payment of dues of the society, within three months from the date of service of notice in writing, served either by hand delivery or by post (under certificate of posting), demanding the payment of dues;


(iii)
he has been responsible under Section 79 or 88 of the MCS Act 1960 or has been held responsible for the payment of the costs of enquiry under Section 85 of the MCS Act 1960;


(iv)
he has without the previous permission of the society, in writing, 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.


(v)
in case of an associate member, non-submission of the no-objection certificate and undertaking, as prescribed under these bye-laws, by the member.


(vi)
he is declared as ineligible as per the provisions of the Maharashtra Co­-operative Societies Act, 1960 and Rules, 1961.


119

In a general election of members, of the committee of the 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, or where such election is held before the date of commencement of the Maharashtra Co-operative Societies (Second Amendment) Act, 1966 (Mah.XXXVII of 1986), and such number of members have been elected but the committee has, for whatever reasons, not been so far constituted, forward their names together with their permanent address 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 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.

120
(1)
A person shall cease to be the member of the committee, if:


(a)
he has incurred any of the disqualifications mentioned under the bye-law No. 118 or;


(b)
he has failed to attend any three consecutive monthly meetings of the committee, without leave of absence.


(2)
If a member of the committee attracts any of the disqualification under the bye-law No. 120(1), the committee shall record the fact in the minutes of its meeting and the Secretary of the Society shall inform the member and Registrar accordingly. Such member shall cease to be the member of managing committee on the order of the Registrar.


121

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

122

The period of office of the committee elected under the bye-law No.116 (a) shall be for 5 years.

123

(a) The first meeting of the newly elected and outgoing committee shall be held within 30 days from the date of constitution of the new committee as per bye-law No. 119. (b) Subject to the provisions of the bye-law No.123 (a) the Secretary of the outgoing committee shall issue notice of the first meetings of the newly elected committee and the outgoing committee to the members thereof. On failure of the Secretary of the outgoing committee to convene the said meeting, the chairman of the outgoing committee shall call it. On the failure of both, the Registering Authority may call such a meeting.


124

All records of the society shall be kept at its premises, convenient to the Secretary, with the approval of the committee of the society.

125

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 160 of the MCS Act. 1960.

Note:

The word 'paper' used in this bye-law and any other bye-law shall mean all or any items mentioned in the bye-law Nos. 142 and 143.


126
(a)
Every Committee, at its first meeting, after its election, shall elect a Chairman, Secretary and Treasurer from amongst the members of the Committee.


(b)
The Chairman, Secretary and Treasurer of the society shall hold office for the period of 5 years from the date on which he is elected to be the Chairman or as the case may be by the Secretary and Treasurer, but not beyond the expiry of term of the Committee.



Provided that he shall cease to be the Chairman, or as the case may be the Secretary or Treasurer of the society, if the motion of 'No confidence' is moved in the special meeting of the Committee called, and presided by the Registrar or such officer not below the rank of a Assistant Registrar, upon the notice given by 1/3rd members of the Committee and the motion of 'No Confidence' is passed by 3/4th members present at such meeting, having attendance of at least 2/3rd members of the Committee, who are entitled to vote at the election of such Chairman, Secretary and Treasurer.



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'.


127

The quorum for a Committee Meeting shall be 3/4/5/6 members of the committee. 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.

128
(1)
The Committee shall meet as often as necessary but at least once in a month


(2)
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 immediate meeting.


129

In the event of vacancies in the Committee, caused on account of the death resignation, disqualification or removal of any members of the committee, by the Registrar, the Committee may fill in such vacancies by co-option on the Committee of any other members eligible to be on the Committee, irrespective of fact whether there is the quorum or not, not withstanding anything contained in the Bye-law No. 127. However, such vacancies by co-option shall not be more than two.

130

The Period of office of the co-opted member of the committee shall be co- terminus with tenure of office of the committee.

131

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 of the period of one month from the dale of the receipt of the letter of resignation by the Chairman or the Secretary of the society, whichever is earlier.


132
(a)
The Chairman of the society may resign his office as Chairman by a letter addressed to the Secretary of the society.


(b)
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.


(c)
Chairman/ Secretary/ Treasurer's resignation will be effective only after its acceptance and handing over the charge of the newly elected Chairman/ Secretary/ Treasurer, as the case may be.


(d)
The Committee may accept the resignation of the office Chairman/ Secretary/ Treasurer only after it is satisfied that the Chairman or as the case may be the Secretary or Treasurer of the society has brought up to date the work entrusted to him and has produced the entire papers and property of the society in his possession before the committee.


(e)
In case entire committee intends to resign, the resignation 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. The committee shall continue in office till alternate arrangement is made for the management of the society.


133  

The Secretary of the society shall give 3 clear days notice of every meetings of the committee to all the members of the committee, which shall state the date, time and place of the meeting and the business to be transacted thereat, in consultation with the Chairman of the society. 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 may call such a meeting.

134

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.

135

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.


136  

On a requisition by 1/3rd of the members of the Committee, the Secretary of the Society shall convene a special meeting of the committee within 7 days of the date of receipt of the requisition to discuss the matters mentioned in the requisition. 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-law No. 133 shall be followed.

137

The Secretary of the society shall attend every meeting of the committee and record its minutes and place 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 of the Society, the Chairman of the society shall make alternate arrangements for recording minutes of the meeting.

138

The members of the Committee shall be jointly and severally liable for making good any loss, which the society may suffer on account of their negligence or omission to perform any of the duties and functions cast on them under the MCS Act 1960, MCS Rules 1961 and the bye-laws of the society.


139

Subject to the bye-law 113 the Committee shall exercise the powers and discharge the functions and duties as mentioned hereunder:


Sr. No.
Items of the Power, functions and duties
The bye-law No.
under which the powers, function or duty fails


(1)
(2)
(3)



1.
To consider acceptance of deposits from members and raising of funds

11


2.
To consider and recommend to the meeting of the general body, the rates of contribution of the Repairs and Maintenance Fund and Sinking Fund.

13(a) and 13(c)


3.
To consider all matters relating              to                    the
creation, investment and utilisation of the Repairs and Maintenance Fund, Reserve
Fund and Sinking Fund.

12(i) and (ii),
14(a), (b) and (c),15


4.
To consider and decide the resignation received from members, associate members
& nominal members.

27 to 30


5.
To ensure that, nominations and revocations thereof are recorded in the minutes of the meetings of the committee.

33


6.
To take action on the report of the Secretary on Inspection of the Flats.

48(b)


7.
To take action on cases of cessation of membership, including associate and nominal membership.

61


8.
To consider and decide the applications for various purposes received by the society.

65


9.
To consider and decide cases of refund of shares and interest in the capital/ property of the society where the shares and interest in the capital/ property are acquired by the society.

66


10.
To fix the rate of insurance premium in respect of commercial use of flats.

69(a)(xi)


11.
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).

69(b)


12.
To review the position of recovery of the charges due to the society from members and to initiate action against defaulting members

71


13.
To verify compliance of the provisions relating to charging of interest in defaulted charges of the society

72


14.
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.

74


15.
To issue letters of allotment of flats to those who have purchased flats from the Promoter (Builder).

76(a)


16.
To make available papers of the society for perusal if asked for by the members.

32 and 27


17.
To ensure holding of every annual meeting of the general body within the prescribed period.

95


18.
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

96


19.
To call a special meeting of the general body when required.

97


20.
To arrange for election of a new Committee prior to the expiry of the period of the existing committee.

116(a)


21.
To ensure that after elections new committee is duly constituted.

119


22.
To elect officer-bearers of the society

126(a)


23.
To ensure that a meeting of the committee is held once in a month
128


24.
To fill in vacancies of the Committee

129


25.
To consider resignation of a member of the Committee.

131


26.
To consider resignation of an office bearer of the society.

132(c)(d)


27.
To obtain securities from the paid employees of the society.

148


28.
To approve the audit rectification reports of statutory and internal audits arid to forward them to the authorities concerned.

154


29.
To execute deed of conveyance of the land and building/ buildings thereon.

155(b)


30.
To take steps to maintain the property of the society in good condition and to carry out repairs to it and renewals hereof.

156 and 159


31.
To insure the property of the society.

161


32.
To suggest to the general body meeting the rates of penalties for, breaches of bye-laws and to issue show cause notices.

166


33.
To regulate operation of the lift of the society.

168


34.
To suggest to the meeting of the general body the games to be allowed to be played in the compound of the society.

169


35.
To consider and decide any other matters provided under the MCS Act 1960, the MCS Rules 1961 and the Bye-laws of the society, but not expressly indicated hereinabove.




36.
To regulate parking in the society.

73 to 85


37.
To ensure that the society is affiliated to Housing Federation and its subscription is regularly paid.
6


38.
To take the decision on the complaint application in the Managing Committee Meeting and inform the concerned member of its decision accordingly

174


39.
To enter into contract with the Architect of the society

158(f)


40.
To scrutinise 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.

158(i)



140

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 1960, MCS Rules 1961, the Rules 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.



141

The functions of the secretary of the society shall be those mentioned below.

Sr. No.
Items of the functions
Bye-law No. under which it fails
(1)
(2)
(3)

1.
To issue share certificate to members within the stipulated period and the prescribed manner

9 and 10
2.
To deal with resignations from member including associate and nominal members

27to 30
3.
To enter nominations and revocations thereof in the Nomination Register.

33
4.
To inspect the property of the society

48(a)
5.
To issue notices regarding repairs to be carried out in flats.

48(b)(c)
6.
To deal with cases of expulsion of members

51 to 56
7.
To deal with cases of cessation of membership, including associate and nominal membership.

61
8.
To deal with the applications for various purposes received by the society.

65
9.
To prepare and issue demand notices/ bills for payment of the society's charges.

70
10.
To bring cases of defaults in payment of the society's charges to the notice of the committee.

71
11.
To issue letter of allotment of flats.

76(a)
12.
To issue notices and agenda of all meetings of the general body.

99
13.
To record the minutes of all the meetings of the general body.

109
14.
To call the first meeting of the newly constituted committee.

123(b)
15.
To issue notices of all the meetings of the committee.

133
16.
To attend meetings of the Committee and to record minutes thereof.

137
17.
To maintain account books, register and other records, unless otherwise decided by the committee.

144
18.
To finalise account of the society in the required manner.

147(a)
19.
To produce records of the society before different authorities concerned with the working of the society with the consent of the Chairman.

153
20.
To prepare the audit rectification reports in respect of audit memos received from the Statutory and Internal Auditors.

154
21.
To bring breaches of the bye-laws by the members of their notices under instructions from the committee

166
22.
To discharge such other functions under the MCS Act 1960, the MCS Rules 1961 and the Bye-laws of the society and directions of the Committee and the general body meetings, as are not expressly mentioned hereinabove


23.
To place the complaint application with facts, before the Committee, in the coming meeting.

174