Society issues Archives

Cessation of Membership

Cessation of Membership

The person shall cease to be the Member of the Society:

a. On his resignation from Membership of the Society having been accepted by the committee.

b. On transfer of all his shares and interest in the capital/property of the Society.

c. On his death.

d. On his expulsion from the Membership of the Society.

e. On being adjudged as an insolvent or legally disabled from continuing as Member.

f. If the whereabouts of the Member are not known for continuous seven years and if his shares & interest in the property/capital of the Society is not claimed by anybody else.

g. On cessation of right/title & interest of a Member in the property of the Society, by way of legal attachment or sale.

h. Any transfer if void as provided under bye law number 38 (d) The Committee shall take further action in the matter as indicated in the bye-law No.61.

The person shall cease to be the Associate Member of the Society, when the Member, whose name stands first, 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.

However the associate member shall not cease to be Associate Member when the First Member ceases to be the member of the society if Associate Member holds title and interest in the property jointly with the member.

The Committee shall take further action in the matter as indicated in the Bye-law No. 61.

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 :

a. On his death.

b. On the acceptance of his resignation by the Committee.

c. On cessation of Membership of the original Member on whose behalf he occupies the flat in the Society.

d. On cessation of his nomination on account of expulsion of the original Member.

e. On intimation from the original Member of termination of the occupants nomination

The Committee shall take further action in the matter as indicated in the bye-law No.58.

The Nominal Member, who is the sublettee, licensee or care-taker or possessor in any other manner of the flat or the part there of shall cease to be as such Member of the Society:

a. On his death.

b. On his resignation having been accepted by the Committee.

c. On the cessation of the Membership of the original Member.

d. On the expiry of the period for which the flat or part thereof was permitted to be sub-let, given on leave and license or care-taker basis or occupied in any other manner.

The Committee shall record the facts of cessation of Members Membership of the Society under the bye-law No. 54 and of Associate and Nominal Member’s Membership respectively under the bye-laws Nos. 55, 56 and 57, in the Minutes of its Meetings 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.

By admin|March 16th, 2022|Society issues|Comments Off

LEVY OF CHARGES OF THE SOCIETY

LEVY OF CHARGES OF THE SOCIETY

The contribution to be collected from the Members of the Society, towards outgoing and establishment of its funds, referred to in these bye-laws as ‘the charges’ may be in relation to the following: (i) Property Taxes, (ii) Water Charges, (iii) Common Electricity Charges, (iv) Contribution to Repairs and Maintenance Fund, (v) Expenses on repairs and maintenance of the lifts of the Society, including charges for running the lift. (vi) Contribution to the Sinking Fund, (vii) Service Charges, (Viii) Car Parking Charges, (ix) Interest on the defaulted charges, (x) Repayment of the installment of the loan and interest, (xi) Non-occupancy Charges, (xii) Insurance Charges, (xiii) Lease rent, (xiv) Nonagricultural tax. (xv) Education and Training Fund (xvi) Election Fund (xvii) Any Other Charges.

The Service charges of the Society referred to at 64 (vii) above shall include the following:

a. Salaries of the office staff, liftmen, watchmen, malis and any other employees of the Society.

b. Where the Society has independent Office, the property taxes, electricity charges, water charges etc. for the same.

c. Printing, Stationery and Postage,

d. Travelling Allowance and conveyance charges to the staff and the Members of the Committee of the Society.

e. Sitting fees paid to the Members of the Committee of the Society,

f. Subscription to the Education Fund of the Maharashtra Rajya Sahakari Sangh Ltd.

g. Annual Subscription of the Housing Federation and any other co-operative institution to which the Society is affiliated.

h. Entrance fees for affiliation to the Housing Federation and any other cooperative institution.

i. Audit Fees for internal, Statutory and reaudit, if any.

j. Expenses incurred at meetings of the general body, the Committee an the Sub-Committee, if any

k. Retainer fees, legal charges, statutory enquiry fees.

l. Common electricity charges.

m. Any other charges approved by the General Body at its Meeting. However such charges should not contradict the provisions of the Act, Rules and Bye-laws of the Society.

a. The Committee shall apportion the Share of each Member towards the charges of the Society on the following basis:

i. Property taxes : As fixed by the Local Authority

ii. Water Charges: On the basis of total number and size of inlets provided in each flat.

iii. Expenses on repairs and maintenance of the building/buildings of the Society : At the rate fixed at the general body from time to time, subject to the minimum of 0.75 percent per annum, of the construction cost of each flat for meeting expenses of normal recurring repairs.

iv. Expenses on repairs and maintenance of the lift, including charges for running the lift : Equally by all the Members of the building in which lift is provided, irrespective of the fact whether they use the lift or not.

v. Sinking Fund : As provided under the bye-law No. 13(c).

vi. Service Charges: Equally divided by number of flats / units.

vii. Parking Charges : At the rate fixed by the General Body of the Society at its meeting under the bye-law No. 84/85.

viii. Interest on the delayed payment of Charges: At the rate fixed under the bye-law No. 72 to be recovered from the defaulter Member.

ix. Repayment of the installment of the loan and interest: The amount of each – installment with interest fixed by the financing agency.

x. Non-occupancy charges: At the rate fixed under the byê-law No. 43(b)(iii).

xi. Insurance Charges: The built up areas of each flat, provided that if there is increase in the insurance premium due to storing any specific goods in any flat, used for commercial purposes, the extra burden of insurance premium shall be shared by those who are responsible for such increased premium in proportion of the built up areas to their flats.

xii. Lease Rent : The built up area of each flat / unit.

Non-Agricultural tax: The built up area of each flat / unit

xiv. Education & Training Fund : Rs. 10 per Flat/unit per month.

xv. Election Fund: Equally by the Members and as prescribed by the Election Authority in the Rules

xvi. Any other charges: As may be decided by the General Body Meeting of the Society.

The Committee shall fix in respect of every flat the Society charges on the basis laid as down under the bye-law No, 66 (a).

The following repairs and maintenance of the property of the Society shall be carried out by the Society at its costs:

( i ) All internal roads, (ii) Compound walls, (iii) External water pipe lines, (iv) Water pumps,(v) Water storage tanks, (vi) Drainage lines, (vii) Septic tanks, (viii) Stair cases, (ix) Terrace and parapet walls, (x) Structural repairs of roofs of all flats, (xi) Stair-case lights, (xii) Street lights, (xiii) External walls of the building/ buildings, (xiv) All leakages of water including leakages due to rain water, and leakages due to external common pipe line and drainage line, (xv) Electric lines upto main switches in the flats (xvi) Lifts, (xvii) The damaged ceiling and plaster thereon in the top floor flats, on account of the leakage of the rain water through the terrace.(xviii) Generators,(xvix) Security Appliances (CCTV, Intercom, Group Mobile, Mass Data Sharing Devices, Siren Bell) (xx) Rain Water Harvesting,(xxi) Sewerage, Storm water Drain & Water Treatment Plant (xxii) Common areas not specifically allotted ,Swimming Pool, Gym, Sauna Bath, Coffee House (xxiii) Common Parking Space (xxiv) Solar and alternate energy devices. (xxv) Garden (xxvi) Community hall.
All the repairs, not covered by the byelaw No. 158(a) shall be carried out by the Members at their cost. The expenditure of the internal leakage due to toilet, sink etc. should be borne by concerned flat holders, with intimation to the Society

The Secretary of the Society, shall prepare bill/demand notice in respect of the charges of the Society payable by Members on the basis of the bye-law No. 70 (a) and issue the same to all the Members on or before the date fixed by the Committee in that behalf. Every Member of the Society shall pay the amount mentioned in the bill /demand notice in full within such period as may be fixed by the Committee.

a. A Member shall be deemed to have committed default in payment of the charges of the Society, if the payment mentioned in the demand notice/bill is not made within the period as prescribed under Section 73CA of the Act. The Secretary of the Society shall bring the cases of defaults in payment of the Society’s charges to the notice of the Committee for taking further necessary action.

b. In case of default by Member in payment of maintenance and service charges, the committee shall initiate a recovery proceeding under section 101 of the Act. A Member shall be required to pay simple interest at twenty one percent per annum, or, at such lower rate as may be fixed by the General Body, on the outstanding dues to the Society, from the date the amount was due as prescribed under Bye-law no. 69, till full and final payment by the Member

By admin|January 25th, 2022|LEVY OF CHARGES OF THE SOCIETY|Comments Off

Utilization of the Funds by the Society

Utilization of the Funds by the Society

The Society may utilize its Funds in the manner indicated below:

Reserve Fund: The Reserve Fund of the Society may be utilised for the expenditure on repairs, maintenance and renewals of the Society’s property.
Repairs and Maintenance Fund: The Repairs and Maintenance Fund may be utilised for meeting the expenditure on maintenance of the Society’s property and repairs and renewals thereof.
Sinking Fund: On the resolution passed at the meeting of the general. Body of the Society, the Sinking Fund may be used by the Society for reconstruction of its building/buildings or for carrying out such structural additions or alteration to the building/buildings, as in the opinion of the Society’s Architect, would be necessary to strengthen it / them or for carrying out such heavy repairs as maybe certified by the Architect and on approval of General Body.
The Education & Training Fund be utilized as provided under section 24(A) of the Act

Utilization of all the Funds shall be with the specific prior approval of Society’s General Body.

By admin|January 17th, 2022|Utilization of the Funds by the Society|Comments Off

SHARE CAPITAL UNDER BYE-LAWS FOR SOCIETY FORMATION

SHARE CAPITAL UNDER BYE-LAWS FOR SOCIETY FORMATION

The Authorized Share Capital of the Society shall be Rs …………………………..divided into …………… shares of Rs. 50 each

A Share Certificate, prescribed in bye-laws, bearing distinctive number and indicating the name of the Member, the number of shares issued and the value paid there on, shall be issued by the Society to every Member for the shares subscribed by him, within a period of six months of the allotment of the shares.

The Committee of the Society shall issue a duplicate share certificate, “So Marked”, on application to its members on production of following documents.

1. if the share certificate is lost – copy of police complaint lodged, and an affidavit in that regard.

2. if the share certificate is soiled, burnt, torn, disfigured etc. affidavit in that regard. 10. Every such Share Certificate shall bear the seal of the Society and be signed by the Society’s Chairman, the Secretary and one Member of the Committee, duly authorized by the Committee. The same shall be issued by the Secretary of the Society.

By admin|January 14th, 2022|SHARE CAPITAL UNDER BYE-LAWS FOR SOCIETY FORMATION|Comments Off

LEVY OF CHARGES OF THE SOCIETY

LEVY OF CHARGES OF THE SOCIETY

The contribution to be collected from the Members of the Society, towards outgoing and establishment of its funds, referred to in these bye-laws as ‘the charges’ may be in relation to the following: (i) Property Taxes, (ii) Water Charges, (iii) Common Electricity Charges, (iv) Contribution to Repairs and Maintenance Fund, (v) Expenses on repairs and maintenance of the lifts of the Society, including charges for running the lift. (vi) Contribution to the Sinking Fund, (vii) Service Charges, (Viii) Car Parking Charges, (ix) Interest on the defaulted charges, (x) Repayment of the installment of the loan and interest, (xi) Non-occupancy Charges, (xii) Insurance Charges, (xiii) Lease rent, (xiv) Nonagricultural tax. (xv) Education and Training Fund (xvi) Election Fund (xvii) Any Other Charges.

The Service charges of the Society referred to at 64 (vii) above shall include the following:

a. Salaries of the office staff, liftmen, watchmen, malis and any other employees of the Society.

b. Where the Society has independent Office, the property taxes, electricity charges, water charges etc. for the same.

c. Printing, Stationery and Postage,

d. Travelling Allowance and conveyance charges to the staff and the Members of the Committee of the Society.

e. Sitting fees paid to the Members of the Committee of the Society,

f. Subscription to the Education Fund of the Maharashtra Rajya Sahakari Sangh Ltd.

g. Annual Subscription of the Housing Federation and any other co-operative institution to which the Society is affiliated.

h. Entrance fees for affiliation to the Housing Federation and any other cooperative institution.

i. Audit Fees for internal, Statutory and reaudit, if any.

j. Expenses incurred at meetings of the general body, the Committee an the Sub-Committee, if any

k. Retainer fees, legal charges, statutory enquiry fees.

l. Common electricity charges.

m. Any other charges approved by the General Body at its Meeting. However such charges should not contradict the provisions of the Act, Rules and Bye-laws of the Society.

a. The Committee shall apportion the Share of each Member towards the charges of the Society on the following basis:

i. Property taxes : As fixed by the Local Authority

ii. Water Charges: On the basis of total number and size of inlets provided in each flat.

iii. Expenses on repairs and maintenance of the building/buildings of the Society : At the rate fixed at the general body from time to time, subject to the minimum of 0.75 percent per annum, of the construction cost of each flat for meeting expenses of normal recurring repairs.

iv. Expenses on repairs and maintenance of the lift, including charges for running the lift : Equally by all the Members of the building in which lift is provided, irrespective of the fact whether they use the lift or not.

v. Sinking Fund : As provided under the bye-law No. 13(c).

vi. Service Charges: Equally divided by number of flats / units.

vii. Parking Charges : At the rate fixed by the General Body of the Society at its meeting under the bye-law No. 84/85.

viii. Interest on the delayed payment of Charges: At the rate fixed under the bye-law No. 72 to be recovered from the defaulter Member.

ix. Repayment of the installment of the loan and interest: The amount of each – installment with interest fixed by the financing agency.

x. Non-occupancy charges: At the rate fixed under the byê-law No. 43(b)(iii).

xi. Insurance Charges: The built up areas of each flat, provided that if there is increase in the insurance premium due to storing any specific goods in any flat, used for commercial purposes, the extra burden of insurance premium shall be shared by those who are responsible for such increased premium in proportion of the built up areas to their flats.

xii. Lease Rent : The built up area of each flat / unit.

Non-Agricultural tax: The built up area of each flat / unit

xiv. Education & Training Fund : Rs. 10 per Flat/unit per month.

xv. Election Fund: Equally by the Members and as prescribed by the Election Authority in the Rules

xvi. Any other charges: As may be decided by the General Body Meeting of the Society. The Committee shall fix in respect of every flat the Society charges on the basis laid as down under the bye-law No, 66 (a).

By admin|November 11th, 2021|LEVY OF CHARGES OF THE SOCIETY|Comments Off

Creation of Other Funds

Creation of Other Funds

The Society shall create and establish the following funds by collecting contributions from its Members at the rates mentioned hereunder:

The Repairs and Maintenance Fund, at the rate fixed at the general body subject to the minimum of 0.75 per cent per annum of the construction cost of each flat, incurred during the construction of the building of the Society and certified by the Architect, for meeting expenses of normal recurring repairs of the Society’s buildings/property.
Major Repairs Funds, as and when required and decided by the by the General Body at the rate fixed pro-rata on area basis
The Sinking Fund at the rate decided at the meeting of the general body, subject to the minimum of 0.25 per cent per annum of the construction cost of each flat incurred during the construction of the building of the Society and certified by the Architect, excluding the proportionate cost of the land.

To create Education and Training Fund from contribution by the Members Rs. 10 per month / per unit or as decided by the General Body.

By admin|November 9th, 2021|Creation of Other Funds|Comments Off

Utilization of the Funds by the Society

Utilization of the Funds by the Society

The Society may utilize its Funds in the manner indicated below:

Reserve Fund: The Reserve Fund of the Society may be utilised for the expenditure on repairs, maintenance and renewals of the Society’s property.
Repairs and Maintenance Fund: The Repairs and Maintenance Fund may be utilised for meeting the expenditure on maintenance of the Society’s property and repairs and renewals thereof.
Sinking Fund: On the resolution passed at the meeting of the general. Body of the Society, the Sinking Fund may be used by the Society for reconstruction of its building/buildings or for carrying out such structural additions or alteration to the building/buildings, as in the opinion of the Society’s Architect, would be necessary to strengthen it / them or for carrying out such heavy repairs as maybe certified by the Architect and on approval of General Body.
The Education & Training Fund be utilized as provided under section 24(A) of the Act

Utilization of all the Funds shall be with the specific prior approval of Society’s General Body.

By admin|October 2nd, 2021|Utilization of the Funds by the Society|Comments Off

Procedure to dissolve the society committee or remove the chairperson

Section 32 – Rights of members to see books, etc.

(1) Every member of a society shall be entitled to inspect, free of cost, at the society’s office during office hours, or any time fixed for the purpose by the society, a copy of the Act, the rules and the by-laws, the last audited annual balance sheet, the profit and loss account, a list of the members of the committee a register of members, the minutes of general meeting, minutes of committee meetings and those portions of the books and records in which his transactions with the society have been recorded.

(2) A society shall furnish to a member, on request in writing and on payment of such fees as may be prescribed there for, a copy of any of the documents mentioned in the foregoing sub-section within one month from the date of payment of such fees.

1.The Chairman of cooperative housing society can be removed by members of the managing committee as provided in Bye-Law No 126(a), which says “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 Assistant Registrar upon the notice given by 1/3rds 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. In other words

a.Three committee members should send a written notice to the Registrar to hold a special meeting of the Committee to consider no confidence motion against chairman and or secretary.

b.At this meeting 2/3rd (6 members) of the total strength of the managing committee must be present.

c.Out of the members voting on the motion 3/4th (5 members) must vote in its favour.

Resolution passed in the special general body meeting is no more than expression of loss of confidence of membership in the Chairman, but that is in-effective unless taking a cue from such resolution, the chairman quits on her own. She cannot be removed by that resolution, because the office bearers are elected by the committee out of the members elected by the general body of members. As yet a “right to recall” is not conferred on the membership of the cooperative society.

The Maharashtra Cooperative Societies (Amendment) Act 2013 has amended Section 83 – (Inquiry by Registrar ) conferring powers on the members whereby

“on the application of the one-fifth members of the society the Registrar by himself or by a person duly authorised by him in writing, in this behalf, shall hold an inquiry into the constitution, working and financial conditions of the society.”

Before holding any such inquiry on an application, the registrar may having regard to the nature of allegations and the inquiry involved, require the applicant to deposit with him such sum of money as he may determine, towards the cost of the inquiry.

If the allegations made in the application are substantially proved at the inquiry, the deposit shall be refunded to the applicant, and the Registrar may under section 85, after following, the procedure laid down in that section, direct from whom and to what extent the cost of the enquiry should be recovered.

If it is proved that the allegations were false, vexatious or malicious, the Registrar may likewise direct that such cost shall be recovered from the applicant. Where the result of the inquiry shows that the allegations were not false, vexatious or malicious, but could not be proved, such cost may be borne by the State Government.

By admin|July 24th, 2019|Society issues|Comments Off