1. MEMBERSHIP:

(A)Classes of Members:

The membership of the society shall consist of-

(i) Members, including associate members and

(ii) nominal members.

(B)Eligibility for Membership:

(a) No individual shall be admitted as a member of the society except for the following, that is to say-

(1) Who is competent to contract under the Indian Contract Act, 1872;
(2) 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 societies registration act, 1860;
(3) a society registered, or deemed to be registered, under the MCS Act 1960
(4) the State Government or the Central Government;
(5) a local authority;
(6) a public trust registered under any law for the time being in force for the registration of such trusts.

(b) A minor or a person of unsound mind, inheriting shares and/or interest of the deceased member in the capital/property 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.

“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/MHADA. or any other authority for constructing houses thereon.

•  “Family” means as defined under Bye-law No. 3 (xxv).
• Signatories to the application for registration of the Society shall be deemed to be the members of the Society after its registration.
• The 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.

A firm registered under the Indian Partnership Act, 1932, a company registered under the Indian Companies Act,1956, a Society registered under the Societies Registration Act, 1860 or a Co-operative Society registered under the Maharashtra Co-operative 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) and (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 the notifications issued by the State Government from time to time under the second Provision to Section 22 of the Act.

(C) Conditions for Membership:

(A) 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:

(i) he has fully paid the value of at least ten shares of the society, along with his application for membership;
(ii) he has paid the entrance fee of Rs.100/-, along with the application for membership;
(iii) 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 by any of the members of his family, anywhere in the area of operation of the society;
(iv) he has given an undertaking in the prescribed form to the effect that he shall use the flat for the purpose for which it was purchased by him;
(v) he has furnished undertaking in the prescribed form, if he has no independent source of income:
(vi) 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
(viii) 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.
Note : The conditions at (iii), (iv), (v) and (vii) above shall not be applicable in respect of the unsold flats.

(B) 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.

(C) 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:-
(i) 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
(ii) it has paid, along with the application for membership, full value of at least 20 shares and entrance fee of Rs. 100/-
(iii) 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;
(iv) 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.

• 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.

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 him/it, along with entrance fee of Rs. 100/- may be admitted as such member by the Committee.
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.

1. RIGHTS OF MEMBERS:

(A)Getting Copy of the Bye-Laws:
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

(B)Inspection of Books and Records:
A member 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.

(C) Occupation of Flats:

24. (a) The member, who is deemed to have been allotted the flat under the bye-law 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.
    (b) 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.

(D)Restrictions on Rights of Associate and Nominal Members:

25. No associate members shall have any rights or privileges of a member except as provided under Section 27(2) of the MCS Act, 1960 26. A nominal member shall have no rights as such member.

(E)Resignation of Membership:

(1)Resignation by a Member:

(a) 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 Act, 1961.
(b) 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.
(c) 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 the intimation.
(d) 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 the receipt of the notice of the resignation. If nothing is communicated during the said period, then it shall be deemed that resignation is accepted.
(e) Where any resignation is rejected, the Committee shall record the reasons therefor and communicate the same to the member concerned within 3 months of the date of receipt of notice of resignation.

(2)Resignation by an associate member:

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 the resignation of the Associate member, before the meeting of 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 there of 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.

(3)Resignation by a Nominal Member, Occupying the flat on behalf of the Firm, Company or any other Body Corporate:

If there is a 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 the 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 therefor 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 there of within 3 months, the said registration shall be deemed to be accepted.

(4)Resignation by a Nominal Member, who is Sub-lettee, Licensee,Caretaker etc.:

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 the resignation to the Secretary of the Society, through the member who has been permitted by the committee to sub-let, given on leave and licence 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 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 therefor 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.
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 provided under the bye-law no.66.

(F) Nomination by Members:

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 member in the capital/property of the Society shall be transferred in the event of his death. The acknowledgement of the nomination by the Secretary, shall be deemed to be the acceptance or 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 acknowledgement 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/-

On receipt of the 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.

Subject to the provisions of the Section 30 of the M.C.S Act, 1960, bye-laws Nos. 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 the proportion with the shares and interest held by the deceased member, in case property is purchased by member and associate member jointly. 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 are more than one nominee, on the death of a member, such nominees 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. The Nominees shall also file an indemnity bond in the prescribed form indemnifying the society against any claims made to the shares and the interest of the deceased member in the Capital/Property of the society by any of them, in case only one nominee is indicated by the Nominees for membership of the Society.

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 share and interest of the deceased member in the capital/ property of the society. After taking in to 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 opinions, is the heir or legal representative of the deceased member. Such a person will be eligible to be a member of the Society subject to the 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. 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 or 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.

If there is a single 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 the 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 in equal proportion.

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 the 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 bye-law 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.

(G) Transfer of Shares and Interest in the Capital/Property of the Society:

(a) A member, desiring to transfer his shares and interest in the capital/property of the Society shall give 15days 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.
(b) 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 39 (2) (a) of the MCS Act 1960.
(c) 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.
(d) “No Objection Certificate” of the Society is not required to transfer the shares and interest of the transferor to the 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 a application on merit within one month.
(e) The Transferor/ Transferee shall submit following documents and make the compliance as under:

1. 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;
2. application for membership of the proposed transferee in the prescribed form,
3. resignation of outgoing member in the prescribed form byelaws No.27 (a) Appendix No. 13
4. Registered agreement duly stamped.
5. valid reasons for the proposed transfer.
6. undertaking to discharge the liabilities to the society by the transferor;
7. payment of the transfer fee of Rs. 500/-.
8. remittance of the entrance fee of Rs. 100/- payable by the proposed transferee.
9. Payment of amount of premium at the rate to the fixed by the general body meeting but within the limits as prescribed under the circular, issued by the Department of Co-operation Goverment of Maharashtra from time to time. No additional amount towards donation or contribution to any other funds or under any other pretext shall be recovered from tranferor or transferee.
10. 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.
11. 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.
    Note: The condition at 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.

(a) The procedure for disposal of applications for transfers of shares and/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.
(b) A meeting of the committee or the general body, as the case may be, shall not refuse any application for admission to membership or 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.
(c) 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.
(d) The transfer made in contravention of the Act, Rules or the bye-laws shall be void and not be effective against the society.

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 thereunder.

(H)Exchange of Flats:

The members, desiring to exchange their flats, shall make a joint application to the Secretary of the society, containing the following details:

(1)The names of the members concerned;
(2)The distinctive numbers of their respective flats;
(3)The carpet areas (in sq. meters) of their respective flats;
(4)The building number / numbers and name / names of the building /buildings in which their respective flats are situated;
(5)The reason for exchange of flats.
(6) Registered Deed of exchange with the necessary stamp-duty having been paid.

The procedure for disposal of applications for exchanges of flats as indicated in the bye-law no.65 shall be followed the Secretary and the Committee of the Society.

(I)Sub-letting etc. of Flats

(1) 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 license basis or care-taker basis his flat or part thereof or part with its possession in any other manner under the following circumstances:

(i) 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;
(ii) 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.
(iii) 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.
(iv) Where a member satisfies the committee about his inability to occupy or continue to occupy the flat for any other genuine reasons;

43(2) No member shall be permitted by the committee to sub-let, give on leave and licence basis or care-taker basis, his flat or any part thereof or part with its possession in any manner unless:

(i) he has made an application in the prescribed from;
(ii) he has furnished the application for nominal membership of the proposed sub-lettee, licensee, care-taker in the prescribed form;
(iii) his application contains the undertaking that

(a) he shall, by joining the society as a party to the proceedings initiate necessary legal proceedings against the sub-lettee, licensee, care-taker, 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;

(b) he shall pay the charges of the Society every month during the period of sub-letting, licence etc.;

(c) he shall pay non-occupancy charges to the Society. Nonoccupancy 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. Provided that while permitting the sub-letting, giving on leave and 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 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.

(d) 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. 44. The procedure for disposal of the application for permission for sub-letting, 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. 45. 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. 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 the Bank or the Society or any other agency approved by the Commissioner for Co-operation and Registrar.

III. RESPONSIBILITIES & LIABILITIES OF MEMBERS:

(A) Maintenance of Flats by Members:

Every member shall keep his flat clean.
(a) No member shall, without the previous permission of the committee in writing, make any additions or alterations in his flat.
(b) 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.

(a) For facilitating discharge of functions mentioned under the bye-law 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.
(b) On receipt of such report, the Committee shall ascertain the cost involved in the repairs, which are required to be carried 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.
(c) 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.

• 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.

(a) 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.
(b) 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 No.50(a) forthwith.

(B)Expulsion of a Member:

A member may be expelled from the membership of the society, if such a member:

(i) has persistently failed to pay the charges due to the Society,
(ii) has willfully deceived the society by giving false information,
(iii) has used his flat for immoral purpose or misused it for illegal purpose habitually,
(iv) 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,
(v) Has furnished false information or omitted to furnish the material information to the Registering Authority at the time of registration of the Society. 57.

(a) 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.
(b) Expulsion from membership may involve forfeiture of the shares held by the member. Where the Committee decides that 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
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 the shares may take effect simultaneously with expulsion.

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.

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 the 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.

No member of the society, who has been expelled from its membership, shall be eligible for re-admission to membership in the society, until expiry of the 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.

(C) Cessation of Membership:

The person shall cease to be the member of the Society.

(i) on his resignation from membership of the Society having been accepted by the Committee.
(ii) on transfer of all his shares and interest in the capital/property of the Society.
(iii) on his death.
(iv) on his expulsion from the membership of the Society.
(v) on being adjudged as an insolvent or legally disabled from continuing as member.
(vi) If the where abouts 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.
(vii) On cessation of right/title and interest as a member in the property of the Society by way of legal attachment or sale. 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 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.
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.

(i) on his death,
(ii) on the acceptance of his resignation by the Committee,
(iii) on cessation of membership of the original member on whose behalf he occupies the flat in the Society,
(iv) on cessation of his nomination on account of expulsion of the original member,
(v) on intimation from the original member of termination of the occupant’s nomination, The Committee shall take further action in the matter as indicated in the bye-law no.61.

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 it be as such member of the Society:

(i) on his death,
(ii) on his resignation having been accepted by the Committee,
(iii) on the cessation of the membership of the original member,
(iv) 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

• The words “original member” used in the by-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 caretaker basis his flat or part thereof or part with its possession in any other manner.
• The committee shall record the facts of cessation of members membership of the society under the bye-law no.57 and of associate and nominal members membership respectively under the bye-laws Nos. 58, 59 and 60, in the minutes of its meetings and accordingly the Secretary of the Society shall inform the concerned members in writing within seven days of the dates of such decision of the Committee.

(D)Restriction on Holding more than One Flat:

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 the MCS Act 1960

(E)Liabilities of a Member and the Past Member:

The liability of a member of the Society shall be limited to his shares holding in the Society.

The liability of the 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.

(F)Other Matters:

(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,
(viii) permission for assigning , mortgaging or creating charge or interest in flats,
(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.

(b) On receipt of the applications, the Secretary of the society shall scrutinise them and bring any short comings therein to the notice of the members concerned within 7 days of their receipt for compliance.

(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.

(d) The committee or the General Body, as the case may be, shall consider all such applications at its meetings and take decisions thereon;

(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 ;

(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.

(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 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 as provided under Section 22(2) of the MCS Act 1960

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 MCS 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 newspapers 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.
(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/-.
(vi) On realisation 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 realised by the Society

• to the member whose resignation has been accepted by the Committee, or
• 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
• to the expelled member. together with the value of the shares as determined under (i) above, after deducting the following.
  • Outstanding amounts, if any, due from such member:
  • the entire expenses of the publication of the notice:
  • 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 to the nominee/ nominees or heir/heirs, respectively.

FOR MORE DETAILS CALL:

VED LEGAL,

Adv. Gajanan Rahate

Mob: 9763040088

E_mail: [email protected]