I. PRELIMINARY
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1
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(a)
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The
name of the society shall be
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(b)
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The society shall follow the procedure laid
down under Section 15 of the Act and Rule 14 of the Rules for the change of
its name.
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(c)
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The society is classified under major class
"Housing" with sub-class "Tenant Co-partnership Housing
Society".
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2
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(a)
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The registered address of the society shall be as under:
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(b)
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Any change in the registered
address of the society shall be intimated by it to the Registering Authority
and all others concerned within 30 days of such change
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(c)
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Any change in the registered address of the society shall be
made after the following procedure laid down in Rule 31 of the Rules of 1961
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(d)
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The society shall exhibit at a conspicuous place at the main
entrance of the building, a board indicating its name, registration number
and the registered address.
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II.
INTERPRETATIONS / Definitions
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3
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Unless otherwise separately provided in these bye-laws, the
following words and terms shall have the meaning assigned to them herein:
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(i)
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"Act" means the Maharashtra Co-operative Societies
Act; (MCS Act) 1960;
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(ii)
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"Bye-laws" means the registered bye-laws of the
society.
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(iii)
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'Chief Promoter' means the person who is elected by the
Promoters, in their first meeting, or in their subsequent meetings in case
the post of the Chief Promoter lies vacant, till the first general meeting.
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(iv)
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'Committee' means the Committee of the members or other
directing body to which the management of the affairs of the society is
entrusted.
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(v)
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‘ Days' clear notice means the number of
calendar days intervening between the day of posting the notice and the day
of the meeting.
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(vi)
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'Flat' means a separate and self contained set of premises
used or intended to be used for residence, or office, or show-room or shop,
or godown and includes a garage, or dispensary, or consulting room, or clinic,
or flour mill, or coaching classes, or palnaghar or beauty parlour, the
premises forming part of a building and includes an apartment.
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(vii)
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'Housing Society Federation' means the federation of
co-operative housing societies registered under the Act;
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(viii)
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'Ownership Flats Act means the Maharashtra Ownership Flats
(Regulation of the Promotion of construction, Sale, Management and Transfer)
Act, 1963;
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(ix)
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Papers' means all or any of the items mentioned in the
bye-laws Nos. 142 and 143.
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(x)
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"Parking space" means open space within the premises
of the society earmarked by it for parking of vehicles and includes a stilt.
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(xi)
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'Prescribed Form' means the form included in the Annexure II
indicating the bye-law No. under which it is prescribed and the Appendix at
which it is enclosed.
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(xii)
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'Promoter' means a person, who has signed the application for
registration of the society.
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(xiii)
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"Builder-Promoter" means a person 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.
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(xiv)
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'Rules' means the Maharashtra Co-operative Societies Rules,
1961.
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(xv)
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'Reserve Fund' means the fund constituted under the provisions
of Section 66(1) & 66(2) of the Act and the Bye-law No. 12(i)
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(xvi)
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'Repairs and Maintenance Fund' means the fund constituted
under the Bye-law No.13 (a)
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(xvii)
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'Sinking Fund' means the fund constituted under the Bye-law
No. 13(b).
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(xviii)
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'Major Repair Funds' means a fund created by the society for
the purpose of Major Repairs, such as plastering, building of compound wall,
pavement, total painting, and reconstruction.
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(xix)
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'Municipal Act' means the Maharashtra Municipalities Act, 1965
(Mah. XL of 1965)
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(xx)
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'Open Space' means an Area, forming an internal part of the
site, left open to sky.
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(xxi)
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'Open terraces' means terraces which otherwise not in the
exclusive possession of any of the members.
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(xxii)
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'Common Areas and Facilities' means
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(a)
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the land on which the
building is located;
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(b)
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the foundations, columns,
gurders, beams, supports, main walls, roofs, halls corridors, lobbies,
stairs-ways, fire escapes and entrances & exists of the building.
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(c)
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the basements,
cellars, yards, gardens, parking area and storage spaces;
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(d)
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the premises for
persons employed for the management of the property.
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(e)
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installations of
central services, such as power, light, gas, hot and cold water, heating,
refrigeration, air conditioning and generators.
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(f)
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the elevators, tanks,
pumps, motors, fans, compressors, ducts and in general all apparatus and
installations existing for common use.
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(g)
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such community and
commercial facilities as may have been provided for
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(h)
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all other parts of
the property necessary or convenient to its existence, maintenance and
safety, or normally in common use.
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(xxiii)
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'Society' means the Co-operative Housing Society Ltd.,
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(xxiv)
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'Member' means a
person joining in an application for the Registration of a Co-operative
Society which is subsequently registered, or a person duly admitted to
membership of a society after Registration and includes a Nominal and
Associate Member.
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(a)
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'Associate Member' means a
member who holds jointly a share of the society with other member but whose
name does not stand first in the share certificate,
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(b)
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'Nominal Member' means a
person admitted to membership after registration in accordance with the
Bye-laws.
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(xxv)
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‘Family means group of persons which includes husband, wife,
father, mother, sister, brother, son, daughter, son-in-law, brother-in-law,
sister-in- law, daughter-in-law, grandson/ daughter.
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(xxvi)
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Transfer Fees' means the sum payable by a transferor to the
society for the transfer of his shares along with occupancy right as provided
under the Bye-law No. 38(e) (vii).
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(xxvii)
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'Premium' shall mean
and include the amount payable to the society by the member, transferring his
shares and interest in the capital/ property of the society, in addition to
the transfer fee as provided under Bye-law No 38(e)(ix).
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(xxviii)
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Working Capital' means funds at the disposal of the society
inclusive of the paid up capital, share capital, funds created out of
profits, and money raised by borrowing or by any other means.
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III. AREA OF OPERATION
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4
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The area of operation
of the society shall be confined to
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Explanation:
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(i)
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For the societies in Brihan Mumbai, insert City Survey Number/
Gat Number and Ward in the gap.
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(ii)
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For the societies at other places, insert City Survey
Number/Gat Number and Municipal Corporation/ City/ Village Taluka District
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IV. OBJECTS
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5
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The objects of the society shall be as under:
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(a)
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To obtain conveyance from the owner/Promoter (Builder), in
accordance with the provisions of the Ownership Flats Act and the Rules made
there under, of the right, title and interest, in the land with building/
buildings thereon, the details of which are as hereunder:
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The building/buildings known/numbered as constructed to be
reconstructed on the plot/plots Nos. S. No/ CTS No. of admeasuring sq. meters, more
particularly described in the application for registration of the society.
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(b)
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To manage, maintain and
administer the property of the society.
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(c)
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To raise funds for achieving
the objects of the society.
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(d)
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To undertake and provide, for
on its own account or jointly with a co-operative institution, social
cultural or re-creative activities.
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(e)
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To do all things, necessary
or expedient for the attainment of the objects of the society, specified in
these bye-laws.
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V. Affiliation
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6
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The society immediately after
its registration, shall become a member of the Housing Federation of the
District/ Area, the District Central Co-operative Bank of the District, and
shall pay sums, from time to time, payable by it, under the bye-laws of the
respective organisations: referred to above.
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