IX. INCORPORATION DUTIES
AND POWERS OF THE SOCIETY
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73
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The
registration of the Society shall render it a body corporate by the name
under which it is registered, with perpetual succession and common seal and
with power to acquire, hold and dispose of the property, to enter into
contracts and other legal proceedings and do all such things as are necessary
for the purpose for which it is constituted.
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74
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The common seal of the society shall be in the custody of the
Secretary of the society and shall be used under the authority by means of a
resolution of the Committee and the deeds of conveyance, share certificate or
any other documents, to which the seal is affixed on behalf of the Society,
shall be attested by the Chairman, the Secretary and one member of the
committee, authorised by the committee in that behalf.
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75
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The Society shall have a charge on the shares and/ or interest
of a member, present or past, in the capital/ property of the society and
upon any dividend, bonus or profits, payable to a member in respect of any
charges due from such member or past member to the society and may set off
sum credited by or payable to a member, in or towards the repayment of such
charges, as provided under Section 46 of the MCS Act 1960.
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76
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(a)
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The member, person/firm who had purchased the flat under any
agreement under Section 4 of the Ownership Flats Act 1963, or acquired
interest in the flat on transfer of the same by existing member with previous
permission of the society, shall be deemed to have been allotted the same
flat by the society subject to the terms and conditions set out in the letter
of allotment in the prescribed form, including subsequent modifications made
by the society to it.
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(b)
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No member of the society shall use the flat deemed to have
been allotted to him under (a) above, for a purpose other than that mentioned
in the letter of allotment, without the previous consent in writing of the
committee.
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77
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The Society shall cause the STRUCTURAL AUDIT of the building
of the society as follows:
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(1)
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For the building ageing 15 to 30 years.... once in 5 years
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(2)
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For the building ageing above 30 years.... once in 3 years.
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Such STRUCTURAL AUDIT shall be conducted
by the Engineers from the panel of Municipal Corporations in case of the
societies which are in the limits of Municipal Corporations. In case of other
societies such structural audit shall be carried out by the Govt. Approved
Engineer.
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78
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(a)
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Member may hold parking
space/stilt if he is allotted the same and he shall have a right to transfer
the same to transferee or other eligible member of the same society.
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(b)
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The allotment of Parking Space/stilts shall be made by the
Committee on the basis of "First Come First Served" for available
parking spaces. However, in case of Parking Space/stilts allotted by the
society, the member shall have no right to sell or transfer the said allotted
Parking Space/stilts, to anybody.
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79
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No member may be entitled to utilise more parking spaces/
stilts that what is allotted to him by the Committee Builder
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80
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Where any stilts have been built or open space in the
society's compound is available for parking of cars, the society shall number
the stills or the open space in such a way that no inconvenience would be
caused to any of the member of the society. The committee shall ensure that
the space is used by the members for the purpose for which it is allotted to
them.
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81
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A member, having a motor vehicle, will only be eligible to
have stilts or a parking space. No member shall normally be eligible for
being allotted more than one stilt or a parking space for parking the car
owned by him or allotted to him by his employer, or the firm of which he is
the partner or the company of which he is the director. If any stilts or
parking spaces remain unallotted for want of applicants for allotment, a
second or third stilt or parking space may be allotted to the same member who
has earlier been allotted the stilt or the parking space. Such allotment of
2nd or 3rd stilts/parking space shall be made on year to year basis, provided
the same is not required by another member, who is not allotted even a single
stilt/parking space.
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82
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In case the number of vehicles of eligible members are in
excess then the available parking space/ stilts, the managing committee shall
allot such parking space/ stilts by lot' on yearly basis.
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83
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The member, desiring to have
a stilt or a parking space, may make an application to the Secretary of the
society giving necessary details. The procedure for disposal of applications
for permission under the bye-law, as laid down under the bye-law No.65, shall
be followed by the Secretary and the committee of the society.
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84
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Every member, who has been
allotted the stilt or the parking space shall be required to pay the parking
charges at such rate as may be decided by the General Body of the society at
its meeting, irrespective of the fact whether he actually parks his motor
vehicle or not. Where a member has been allotted more than one stilt/parking
space, he shall pay parking charges in respect of every such stilt or parking
space, as decided by the General Body Meeting.
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85
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Every member, having a
scooter, a motor cycle, or an auto rickshaw shall obtain prior permission of
the committee for parking his vehicle in the compound of the society and pay
the charges fixed by the General Body of the society at its meeting.
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