Tuesday 7 June 2011

Highlights Of The New Model Bye -Laws 2009.

1. Chief Promoter role to continue till First Special General Body Meeting [Bye-Law No. 3[3]]
2. Open terrace means a terrace to which all members have access.[Bye-Law No. 3[21]]
3. Recognizing the need of redevelopment and its impact with the passage of time.
4. Linking rights of members to the number of flats.[Bye-Law No. 7[j]].
5. Giving papers to members within 15 days of request of the member.[Bye-Law No. 23]
6. Specifying time limit for certain acts. [Bye-Law No. 23,27[d],28,29,30,38[c],106,165]
7. Nominee cannot create interest in favour of third parties without establishing the rights of the legal heirs.[Bye-Law No. 34]
8. Submission of stamp duty and registration receipt At the time of transfer of flat.[Bye-Law No. 41[6],38[e][4]]
9. Child labour prohibited from working in co-operative societies.[Bye-Law No. 50[b] and 161[c]]
10. Dues of society can be recovered from the legal heirs of the deceased member and /or the occupant.
      [Bye-Law No. 70[b]]
11. Structural audit to be done by structural engineer.[Bye-Law No. 76]
12. Member will not have a right to sell the parking space which has not purchased by him at the time of
      transfer of shares. [Bye-Law No. 77]
13. Money of the society for day to day activities can be invested in scheduled co-operative bank or
     nationalised bank.Intimation of the same has to be given to the concerned registrar within 15 days
     from the date of opening of bank account.[Bye-Law No. 114]
14. If lady member is not willing to be a managing committee member than the said vacancy can be filled
      by other male member.[Bye-Law No. 115]
15. If share capital of the society exceed Rs. 10,000/- than voting has to be by secret ballot at the time of
      election of the society. [Bye-Law No. 116[a]]
16. If a candidate pays the society dues prior to scrutiny of nominations than the said candidate would be
      eligible to contest the election. [Bye-Law No. 110]
17. No confidence motion cannot be moved within a period of six months from the date of moving the no
      confidence motion against the same office bearer if the earlier no confidence motion is rejected.[Bye-Law
      118[b]]
18. Casual vacancy can be filled not exceeding two seats. However the same will be done only with registrars
      consent. [Bye-Law No. 129]
19. Amounts above Rs. 1,500/- should be by Account payee cheque only. [Bye-Law No. 146]
20. Honorarium that can be paid to office bearer not exceeding 15% of income or Rs. 2,000/- for each office
      bearer which ever is lower. [Bye-Law No. 149[b][2]]
21. Repair contract upto Rs. 1,00,000/- can be decided by committee with a right to give increase by 10%
      in the contract allotted to the lowest tender. However in such cases committee will have to take the
      decision pertaining to quality of goods at its own risk [Bye-Law No. 158]
22. Every society will prepare disaster management plan which will include possibility and analysis of risk,
      stake with reference to the risk, responding mechanism to risk management.Important telephone No.
      to be maintained by society which will include the Tel. No. of members and Government Officer  
      concerned with emergency management. [Bye-Law No. 161[b]]
23. Stringent provision to ensure that the provision of Child Labour Act 1986 to be implemented. The
      penalty as per law on the erring party is one year imprisonment or fine Rs. 20,000/-
24. Intimation to police authorities, social organisations, labour commissioner [Bye-Law No. 161[c]]
25. To protect the interest of the widows of the members by restricting the right of the nominee to deal
      with the property.[Bye-Law No. 161[d]]
26.Maximum penalty that can be levied cannot exceed Rs. 1,000/- [Bye-Law No. 166]
27. If a member is aggrieved with any decision of the general body than the complainant must approach the
      advisory committee and if satisfactory decision is not received than the complaint can lodge the complaint
      with the concerned Authorities. [Bye-Law No. 175]
28. Compliance of the terms and conditions of the circular dated 03/01/2009 with regards to redevelopment
      of the property. [Bye-Law No. 176]














6 comments:

  1. While all these look fine. None of the bye-law numbers match with the actual printed book. Also, almost all of these bye-laws are also mentioned in the earlier 2009 / 2010 bye-laws.

    ReplyDelete
  2. Some bye-laws will not match but most of the bye-laws no match. The new model bye-laws[blue cover-Marathi version ] is Approved by Cooperative commissioner and registrar of society maharashtra on 13/03/2009 and its English version [green cover] is approved on 24/12/2010.
    so from F.Y 2009-2010 you have to adopt this new bye-laws

    ReplyDelete
  3. The maximum penalty of Rs 1000/- as per bye-law No. 166 is for what period. Is it per day or per month? Since when is it implemented? What if the society has not adopted this bye-law and charges more penalty, say Rs 5000/- per month?

    ReplyDelete
    Replies
    1. Penalty is for maximum Rs. 1000/- will taken in 1 Financial Year. This penalty is not related with Maintenance Bill Interest. All Society has to adopt Model Bye-Laws 2009. If you go to Registrar Office that society charge Rs. 5000/- per month then he/she will order you to work according to the Model Bye-Laws 2009. If your Society not adopt Model Bye-Laws 2009 indicate that Auditor of your society is not Audit you society properly.

      Delete
  4. I had a issue in my housing society regarding communal gathering inside the society premises and erecting a pandal blocking the entrance of the society for the same , without the permission of the residing members . So under what clause it is applicable to complain . Do i need the signed petition of the residing members or can be solved on my own .
    please advice...

    ReplyDelete
  5. Sir, Who building this pandal for communal gathering & who is organizing this gathering Your society /any member of Society with the permission of MC OR Any outsider Party ? If it's your society or any member of society then you should write a letter to Secretary regarding your inconvenience /Problem give copy of this letter to your area Registrar of Co-Operative Society.

    ReplyDelete

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