Redressal of
Complaints & Authorities has been well covered in Bye-laws of Co-operative
Housing Societies says Adv. R. P. Rathod.
Bye-Laws are the rules and regulations for running the business and management of the Society. Bye-law has been defined in sub section (5)
of Section 2
of the Maharashtra Co-operative Societies
Act, 1960 Bye-Law
means Bye-Laws registered under this Act
and for the time being in force
and includes registered amendments of
such Bye-Law. Though there
are model Bye-Laws every Housing society may have modifications or changes
according to their needs, objectives however, these Bye-Laws
should not be inconsistent or contrary to the provisions of Maharashtra
Co-operative Societies Act, 1960 and rules there under.
Bye-Laws are to a co-operative
society what articles of Association
is to a Joint-Stock Company or
what rules and regulations are to society registered under the Societies
Registration Act, 1980. Bye-Laws include the objects of the
Society and completely define and restrict the Society's activities. But the rights and liabilities
of members are determined by the Act and Rules and not by the Bye-Laws as such.
Bye-Laws must be construed in manner so as to reflect intention of its framers
as also to make them effective and workable – (Wasudeo Gulabrao Deshmukh V/s State of Maharashtra - 1995(2) Mah. L J
160)
It must be noted that the Model Bye-Laws are
prepared on the basis of representation made by various members of Co-operative
Societies or by Societies themselves by and large this model
Bye-Laws are in the interest of the members of
co-operative
societies and development of co-operative movement.
There are certain Bye-Laws such as open membership arising out of Section 30 of Maharashtra Co-op. Act
and Rule No…. are supposed to be mandatory. According to the notification
issued by the Government this Bye-Laws
are required to be accepted before 31st October 2001. The Registrar
can force the Society to accept the new Bye-Laws if he is
satisfied that it is in interest of the members of Society.
·
To register a society and its Bye-Laws (Sect. 9) and to
direct their amendments (Sect. 14) and
to issue certificate of registration (Sect. 10)
·
To register or refuse to register amendment of Bye-Laws(Sect.13)
and to direct amendment of Bye-Laws(Sect.14)
·
To approve amalgamation, transfer division or conversion of
societies (Sect.17)
·
To direct amalgamation or reorganization
of societies (Sect.18)
·
To order cancellation of registration
of a society (Sect.21)
·
To call special general meeting of
any society or to authorize any person to call such meetings (Sect.76)
·
To remove the Managing Committee and to
appoint another Managing Committee or administrator to remove
member and appoint another (Sect.78)
·
To enforce performance of obligation by an officer (Sect.79)
and to inflict fine on such officer for his failure to comply with the
provisions of this Act {Sect.79 (2)}
·
To audit or cause to be audited the accounts of
every society in every year (Sect.81) and to direct
the society to remedy the defects disclosed in audit. (Sect.82)
·
To inquire or order inquiry into the constitution, working and financial
condition of a society (Sect.83)
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Under the new Bye-Laws various
amendment are made in the interest of the members of the society e.g. definition
of the flat members of the family
is very much widened, the provision for increase in transfer fees
is made: special provisions are made for lodging complains before
the co-operative society,
before co-operative court, before Bombay city civil court,
or other civil court, before municipal court,
or other local authority, before Inspector of Police and Federation of
Co-operative Societies. If the new Bye-Laws are not adopted, the
members would not get the benefit of new Bye-Law.
·
Registration of Society on
Misrepresentation
·
Non-issuance of the Share Certificates
·
Refusal of Membership
·
Non Registration of Nomination by the
Society
·
Non Occupancy
Charges
·
Demand of excess premium for transfers
·
Non supply of the copies of record and documents
·
Tampering, suppression & destruction of the records of the
society
·
Non acceptance of the cheques or any other correspondence by the committee
·
Non maintenance or incomplete
maintenance of records and book of the society
·
Non preparation of the annual accounts/reports, within the prescribed
period
·
Misappropriation/Misapplication of the funds of the society
·
Defaulter/Disqualified member on the
committee
·
Investment of funds
without prior permission
·
Reconciliation of
Accounts
·
Audit
·
Non conducting of election before expiry of
the term of the committee
·
Rejection of
Nomination
·
Non calling of General Body meetings
within prescribed period
·
Non calling of Managing Committee
meetings as prescribed in Bye-Law
·
Resolutions of the Managing Committee and General Body
·
The elections of the Managing Committee, except the Rejection of
Nominations, as provided under Section 152-A of the
Act
·
Repairs including major repairs, internal repairs, leakage
·
Parking
·
Allotment of Flats/
Plots
·
Escalation of construction
cost
·
Appointment of Developer/
Contractor, Architect
·
Unequal water supply
·
Excess recovery of dues from the
members
·
Any other, like disputes which fall within the jurisdiction of
the Co-operative Court
·
Non-compliance of the terms and conditions of
the Agreement, by and between the builder/ developer
·
Substandard constructions
·
Conveyance
·
Escalation of construction cost
·
Any other, like disputes which fall within jurisdiction of the
Civil Court
·
Unauthorized constructions/additions/alterations, made by the
builder/member/occupant of the flat
·
Inadequate water supply to the society
·
Change of use by the member/occupants
·
Building's structural problems
·
Any other matters which fall within jurisdiction of the Corporation
and local authority
·
Non-maintenance of the property of the society by the managing
committee;
·
Non-display of Board of the name of the
Society
·
Levy of excess Fine by the managing committee for act of the member
which is in violation of the Bye-Laws
·
Not allowing the authenticated use of the
available open spaces of the society, by the managing committee
·
Non insuring the property of the society by
the managing committee;
·
Appointment of Architect
·
All other like matters which fall within jurisdiction of the General Body
Following is the
kind of complaint to be filed before Federation of Co-op. Societies: Non acceptance of any communication
by the Managing Committee; Convening Special General Meeting
provided under the Bye-law No.97
and Managing
Committee meeting provided under Bye law No.133.
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