VIII. LEVY
OF CHARGES OF THE SOCIETY
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67
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The contribution to be collected from the members of the
society towards outgoing and establishment of its funds, referred to in these
bye-laws as 'charges' may be in relation to the following:
(i) Property Taxes. (ii) Water Charges, (iii) Common
Electricity Charges, (iv) Contribution to Repairs and Maintenance Fund, (v)
Expenses on repairs and maintenance of the lifts of the society, including
charges for running the lift, (vi) Contribution to the sinking fund, (vii)
Service charges, (viii) Car Parking Charges, (ix) Interest on the defaulted
charges, (x) Repayment of the installment of the loan and interest, (xi)
Non-occupancy charges, (xii) Insurance Charges, (xiii) Lease rent, (xiv) Non-agricultural
tax, (xv) Any other charges.
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68
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The service
charges of the society referred to at 67 (vii) above shall include the
following :
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(i)
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Salaries of the
office staff, liftmen, watchmen, gardeners and any other employees of the
society;
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(ii)
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Where the society has independent office, the property taxes,
electricity charges, water charges etc. for the same.
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(iii)
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Printing, Stationery and Postage
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(iv)
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Travelling allowance and conveyance charges to the staff and
the members of the committee of the society;
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(v)
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Sitting fees paid to the members of the committee of the
society;
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(vi)
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Subscription to the Education Fund of the Maharashtra Rajya
Sahakari Sangh Ltd.;
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(vii)
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Annual Subscription of the Housing Federation and any other
cooperative institution to which the society is affiliated.
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(viii)
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Entrance fees for affiliation to the Housing Federation and
any other cooperative institution;
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(ix)
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Audit Fees for internal, statutory and
construction work reaudit, if any.
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(x)
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Expenses incurred at meeting of the
general body, the Committee and the Sub-Committee, if any;
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(xi)
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Retainer fees, legal charges,
statutory enquiry fees;
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(xii)
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Common electricity charges
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(xiii)
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Any other charges
approved by the General Body at its Meeting. However such charges should not
contradict the provisions of the Act, Rules and bye-laws of the Society.
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69
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(a)
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The committee shall apportion the share of each member
towards the charges of the society on the following basis:
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(i)
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Property taxes: As fixed by the
Local Authority;
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(ii)
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Water Charges: On the basis of total number and size of inlets provided in
each flat;
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(iii)
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Expenses on repairs and maintenance of building/ buildings of
the society. At the rate fixed at the general body from time to time,
subject to the minimum of 0.75 per cent per annum of the construction cost of
each flat for meeting expenses of normal recurring repairs;
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(iv)
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Expenses on repairs and maintenance of the
lift including charges for running the lifte: Equally by all the members of the building in which lift is
provided, irrespective of the fact whether they use the lift or not.
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(v)
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Sinking Fund: As
provided under the bye-law No.13(c).
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(vi)
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Service Charges: Equally
divided by number of flats;
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(vii)
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Parking Charges: At the rate fixed by the general body of the society at its
meeting under the bye-law No.84/85.
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(viii)
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Interest on the delayed payment of charges: at the rate fixed under the bye-law No. 72 to be recovered
from the defaulter member;
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(ix)
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Repayment of the installment of the loan and interest: The amount of each installment with interest fixed by the financing
agency;
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(x)
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Non-occupancy charges: At the rate fixed under the bye-law No.43 (2) (iii)(c);
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(xi)
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Insurance
charges: in the proportion of the built up carpet
areas of each flat, provided that if there is increase in the insurance
premium due to storing any specific goods in any flat, used for commercial
purposes, the extra burden of insurance premium shall be shared by those who
are responsible for such increased premium in proportion to the built up
carpet areas of their flats;
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(xii)
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Lease Rent: The built up
carpet area of each flat;
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(xiii)
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Non-Agricultural
tax: The built up carpet area of each flat,
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(xiv)
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Any other charges: As may be decided by the general body of the society at its
meeting.
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(b)
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The Committee shall fix in
respect of every flat the society charges on the basis laid down as under the
bye-law No. 69(a).
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70
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The Secretary of the
Society, shall prepare bill/ demand notice in respect of the charges of the
society payable by members on the basis of the bye-law No.69(a) and issue the
same to all the members on or before the date fixed by the Committee in that
behalf. Every member of the society shall pay the amount mentioned in the
bill/demand notice in full within such period as may be fixed by the
Committee.
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71
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A member shall be deemed to have committed default in payment
of the charges of the society, if the payment mentioned in the demand
notice/bill is not made within the period as prescribed under Section 73FF(C)
of the MCS Act 1960. The secretary of the society shall bring the cases of
defaults in payment of the Society's charges to the notice of the Committee
for taking further necessary action.
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(a)
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On the Death of the defaulter
member of the society, the over dues can be recovered from the legal heirs of
the deceased member or from the occupant of the flat
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72
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A member shall be required to pay simple interest at such rate
as is fixed by the general body of the society at its meeting, subject to the
maximum of 21 percent per annum, on the charges of the society from the date
the amount was delayed till its payment not paid by the member within the
period as prescribed under byelaw No. 70.
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