New Bye-Laws for Co-operative Housing Society in Maharashtra Some Key Point with Bye-Laws No.
Bye-laws & Promoter…
3. (ii) Bye-laws' means bye-laws consistent with Act and registered under this Act for the time being in force and includes registered amendments of such bye-laws.
(xiii) "Promoter Builder" means a person and includes a partnership firm or a body or association of person, [whether registered or not] who constructs or causes to be constructed a block or building of flats [or apartments] for the purpose of selling some or all of them to other persons, or to a company, Co-operative Society or other association of persons, and includes his assignees; and where the person who builds and the person who sells are different persons, the term includes both
3 (xxix) ‘Authorized Person’ means a person duly authorized to take action under the provisions of this Act.
(xxx) ‘State Co-operative Election Authority’ means an authority constituted or nominated by the State Government for the purposes of superintendence, direction, and control of the preparation of the electoral roll for and conduct of the elections of committee of a society or such class of societies as may be notated.
(xxxi) ‘Expert director’ means and includes a person having experience in the field of Housing and the field relating to the objects and activities undertaken by the society.
(xxxii) ‘Functional director’ means and includes a Chief Executive Officer or Manager or by whatever designation called, nominated by a committee and who is available for whole time to look after the working of the society and discharge the duties and functions as may be assigned to him by the committee.
(xxxiii) ‘Officer’ means a person elected or appointed by a society to any office of such society and includes any office bearer such as a chairman, vice-chairman, chairperson, secretary, treasurer, manager, member of the committee and any other person elected or appointed to give directions in regard to the business of such society.
5 (a) To promote peaceful co-habitation amongst the members on the Co-operative Principles and ensure Voluntary formation, Democratic Member Control, Member - Economic Participation and Autonomous Functioning.
(b) To provide co-operative education and training to develop co-operative skills to its members, committee members, officers and employees of the society.
(c) To initiate Redevelopment of the building as per the norms of the authority.
(e) To provide co-operative education and training to develop co-operative skills to its members, committee members, officers and employees of the society.
Creation of Funds
7. The funds of the society may be raised in one or more Modes of raising of the following ways: the funds of the society…
(i) by and for Election Fund.
(E) Creation of Other Funds
(d) To create Education and Training Fund from the Members as contribution of Rs 10 per month / per unit or as decided by the General Body.
22. (B) (1) A member shall be called as 'Active Member' if:-
a. He has purchased and owns the Flat I Unit in the Society.
b. He has attended at least One General Body Meeting within a consecutive period of Five years.
c. He has at least paid the amount equivalent to one year of society Maintenance and Service charges, within a consecutive period of Five years.
22 (B) A member who is not an 'Active Member' shall be the 'non-Active Member'.
(2) Society shall classify the members as 'Active' or Non-Active' member at the close of every financial year.
(3) Society shall communicate to every Non-Active member about his classification, within a period of 30 days from 31st March of every year as prescribed under these By-laws as per Appendix - -
(4) lf a question, of a member being Active or Non-Active arises, an appeal shall lie to the Registrar within a period of 60 days from the date of communication of such classification.
(5) The ' Non-Active' member can be reclassified as 'Active member' if he satisfies the conditions laid down under Byelaw no. 22(B)(1).
Access to Documents…
Inspection of Books and Records Getting Copy of the Bye-laws.
- (a) A member shall have right to inspect free of cost books, registers documents etc. as provided in Section 32 (1) of the Act and get copies of the documents … on payment of the fees prescribed under the bye-law No. 172.
1. Certified copy of the approved Bye-laws of the Society Rs. 5/- per page.
2. Amendment of the bye-laws of the society Rs. 5/- per page.
3. Last audited Balance Sheet of the Society Rs. 10/- per page.
4. Application for membership of the Society Rs.25/-
5. Second and Subsequent Nomination by the member of the Society Rs.50/-
6. Share Certificate of the Society (Dup|icate) Rs. 100/-
7. List of members of the Society Rs. 10/- per page.
8. Correspondence (related to member) Rs. 10/- per page.
9. Minutes of the general body meetings and committee Meetings Rs. 10/- per page.
10. Indemnity Bond Rs. 20/-
11. Copy of Audit Report, Annual Returns and Periodicals -- Rs 10/- per page.
12. List of Non-Active members -- Rs 5/- per page.
13. Any other document as per section 32 of the Act -- Rs. 5/- per page.
Annual General Meeting…
96. The annual general body meeting of the Society shall transact the following business :
(x) To receive from committee the Audit Rectification Report and Action taken thereon.
(xi) To appoint the Grievance settlement and Redressal Committee as provided in Bye-law No. 173.
116. (a) Election of all the members of the Committee shall be held once in 5 years, before expiry of its term, in accordance with the provisions of Sec 73- CB of the Act and the Rules / procedure framed there under.
It shall be the duty of the committee to intimate to the State Election Authority for holding of its election before expiry of its term. On failure, the committee members shall cease to hold office after expiry of its term and attract action by the Registrar under section 77 A.
(b) The Committee of the society may co-opt Two "expert directors" relating to the objects and activities under taken by the society. The number of such co-opted members shall not exceed two in addition to the strength of the committee as provided in bye-laws No. 115., Such co-opted members shall not have the right to vote in any election of the society in their capacity as such member or to be eligible to be elected as office bearers of the committee.
(c) The Committee of the society may co-opt Two "functional directors", such members shall be excluded for the purposes of counting the total numbers of the committee and shall have no right to vote.
Last date fixed by commissioner of Co-operation M.S. For Amemendment of you Old bye-laws to new bye-laws is 30/04/2013 for that you have to call Special General Meeting for Discussion.
Still Commissioner of Co-operation M.S. Pune do not final the following
1. Draft the format of ANNEXURE of Active Member & other ANNEXURE.
2.Do not final the who is the member of State Election Committee & their charges and work scope.
3. Do not final the ELECTION RULES
4.Do not approve the draft copy of the bye-laws upload on his website and give the Different Housing Federation permission to print this bye-laws and ask them to provide to the Housing Society.
5. Administrator is remove but Dy. Register appoint " Authorized Officer/Person" this is same as Administrator
So Don’t blindly call the SAGM for Amend your CHS Bye-laws approve. First let the bye-laws approved print from Commissioner of C.S. come in the Federation .Let Federation print that bye-laws then read the bye-laws understand it properly and then approved it. Many Dy. Register of C.S. Send the letter through auditor and force the Society to amend the byelaws. There are chance to 20 to 30 % change in the Draft copy upload in the Commissioner of Co-operative Society.
Don’t blindly approve… Understand!!! Don’t Worry, be happy!