Redressal of Complaints & Authorities

Redressal of Complaints & Authorities has been well covered in Bye-laws of Co-operative Housing Societies says Adv. R. P. Rathod.

Bye-Laws are the rules and regulations for running the business and management of the Society. Bye-law has been defined in sub section (5) of Section 2 of the Maharashtra Co-operative Societies Act, 1960 Bye-Law means Bye-Laws registered under this Act and for the time being in force and includes registered amendments of such Bye-Law. Though there are model Bye-Laws every Housing society may have modifications or changes according to their needs, objectives however, these Bye-Laws should not be inconsistent or contrary to the provisions of Maharashtra Co-operative Societies Act, 1960 and rules there under.

Bye-Laws are to a co-operative society what articles of Association is to a Joint-Stock Company or what rules and regulations are to society registered under the Societies Registration Act, 1980. Bye-Laws include the objects of the Society and completely define and restrict the Society's activities. But the rights and liabilities of members are determined by the Act and Rules and not by the Bye-Laws as such. Bye-Laws must be construed in manner so as to reflect intention of its framers as also to make them effective and workable – (Wasudeo Gulabrao Deshmukh V/s State of Maharashtra - 1995(2) Mah. L J 160)

It must be noted that the Model Bye-Laws are prepared on the basis of representation made by various members of Co-operative Societies or by Societies themselves by and large this model Bye-Laws are in the interest of the members of co-operative societies and development of co-operative movement. There are certain Bye-Laws such as open membership arising out of Section 30 of Maharashtra Co-op. Act and Rule No…. are supposed to be mandatory. According to the notification issued by the Government this Bye-Laws are required to be accepted before 31st October 2001. The Registrar can force the Society to accept the new Bye-Laws if he is satisfied that it is in interest of the members of Society.

·             To register a society and its Bye-Laws (Sect. 9) and to direct their amendments (Sect. 14) and to issue certificate of registration (Sect. 10)

·             To register or refuse to register amendment of Bye-Laws(Sect.13) and to direct amendment of Bye-Laws(Sect.14) 

·             To approve change of name of a society (Sect.15) 

·             To approve change of the liability of a society (Sect.16) 

·             To approve amalgamation, transfer division or conversion of societies (Sect.17) 

·             To direct amalgamation or reorganization of societies (Sect.18) 

·             To order cancellation of registration of a society (Sect.21) 

·             To approve resolution of expulsion of a member or sanction his re-admission (Sect.35) 

·             To call special general meeting of any society or to authorize any person to call such meetings (Sect.76) 

·             To remove the Managing Committee and to appoint another Managing Committee or administrator to remove member and appoint another (Sect.78) 

·             To enforce performance of obligation by an officer (Sect.79) and to inflict fine on such officer for his failure to comply with the provisions of this Act {Sect.79 (2)}

·             To audit or cause to be audited the accounts of every society in every year (Sect.81) and to direct the society to remedy the defects disclosed in audit. (Sect.82) 

·             To inquire or order inquiry into the constitution, working and financial condition of a society (Sect.83)

Under the new Bye-Laws various amendment are made in the interest of the members of the society e.g. definition of the flat members of the family is very much widened, the provision for increase in transfer fees is made: special provisions are made for lodging complains before the co-operative society, before co-operative court, before Bombay city civil court, or other civil court, before municipal court, or other local authority, before Inspector of Police and Federation of Co-operative Societies. If the new Bye-Laws are not adopted, the members would not get the benefit of new Bye-Law.

·             Registration of Society on Misrepresentation

·             Non-issuance of the Share Certificates 

·             Refusal of Membership  

·             Non Registration of Nomination by the Society  

·             Non Occupancy Charges  

·             Demand of excess premium for transfers

·             Non supply of the copies of record and documents  

·             Tampering, suppression & destruction of the records of the society 

·             Non acceptance of the cheques or any other correspondence by the committee 

·             Non maintenance or incomplete maintenance of records and book of the society 

·             Non preparation of the annual accounts/reports, within the prescribed period

·             Misappropriation/Misapplication of the funds of the society 

·             Defaulter/Disqualified member on the committee 

·             Investment of funds without prior permission 

·             Reconciliation of Accounts 

·             Audit 

·             Non conducting of election before expiry of the term of the committee

·             Rejection of Nomination 

·             Non calling of General Body meetings within prescribed period 

·             Non calling of Managing Committee meetings as prescribed in Bye-Law

·             Resolutions of the Managing Committee and General Body

·             The elections of the Managing Committee, except the Rejection of Nominations, as provided under Section 152-A of the Act 

·             Repairs including major repairs, internal repairs, leakage

·             Parking  

·             Allotment of Flats/ Plots 

·             Escalation of construction cost 

·             Appointment of Developer/ Contractor, Architect 

·             Unequal water supply 

·             Excess recovery of dues from the members  

·             Any other, like disputes which fall within the jurisdiction of the Co-operative Court

·             Non-compliance of the terms and conditions of the Agreement, by and between the builder/ developer

·             Substandard constructions 

·             Conveyance 

·             Escalation of construction cost 

·             Any other, like disputes which fall within jurisdiction of the Civil Court

·             Unauthorized constructions/additions/alterations, made by the builder/member/occupant of the flat

·             Inadequate water supply to the society 

·             Change of use by the member/occupants 

·             Building's structural problems 

·             Any other matters which fall within jurisdiction of the Corporation and local authority

·             Non-maintenance of the property of the society by the managing committee;

·             Non-display of Board of the name of the Society

·             Levy of excess Fine by the managing committee for act of the member which is in violation of the Bye-Laws

·             Not allowing the authenticated use of the available open spaces of the society, by the managing committee 

·             Non insuring the property of the society by the managing committee;

·             Appointment of Architect 

·             All other like matters which fall within jurisdiction of the General Body

Following is the kind of complaint to be filed before Federation of Co-op. Societies: Non acceptance of any communication by the Managing Committee; Convening Special General Meeting provided under the Bye-law No.97 and Managing Committee meeting provided under Bye law No.133.

-      Adv. R. P. Rathod.