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Ten important
changes in the New Bye-Laws of Co-operative Housing Society – 2009 by Adv. R. P.
Rathod.
New model Bye Laws 2009 for Co-operative societies
have some changes incorporated as
compared with the Bye Laws of 2001. These Bye Laws have been printed in English & Marathi by the Mumbai District
Co-operative Housing Federation Ltd. After approval of the Commissioner
for Co-operation and Registrar Co-operative
Societies, Maharashtra
State, Pune given vide letter dated 24.12.2010.
Ten important changes made therein are explained as under by Adv. R. P. Rathod.
Ten important changes made therein are explained as under by Adv. R. P. Rathod.
1. Under the new Bye Laws Sinking fund
of the society can be used by the society for Reconstruction of its
building or for carrying out such Structural additions or alteration to the
building as in the opinion of the society’s architect would be necessary to
strengthen it or for carrying out such heavy repairs as may be certified by the
architect. This needs to be approved by the General body only as
against prior permission of the Registering authority
which was also required under the earlier byelaws.
2. Under the new Bye Laws one of the
conditions to be eligible for membership of a
society is that an
individual has to hold at least 10 fully paid shares of Rs 50 each and
a firm, company or other body corporate
has to hold at least 20 fully paid
shares of Rs 50 each while under the earlier Bye Laws
an individual was required to hold at least 5 fully paid shares of Rs 50 each
and a firm, company or other body
corporate was required to hold at
least 10 fully paid shares of Rs 50 each.
3. To strengthen the hands of the society
for recovering dues
on the death of the members, it is
now provided in the new Bye Laws
that on the death of a defaulting member, the dues of the society can be recovered from
the legal heirs of the deceased member
or from the occupant of the flat.
4. Under the new Bye Laws a bank account can be opened by the society in a State or District Central Co-op. Bank
or its branch or in any Scheduled Co-op.
Bank. A “Scheduled Co-op.
Bank” has been included in the new Bye Laws which was not the
case under the earlier Bye Laws. It is further provided that a society can also open an account in a Nationalized Bank with the
prior permission of the registering authority.
5. Further if the paid up Share Capital of the
society is more than Rs10,000/- then
election
to the committee is to be held by secret ballot.
6. It was provided in the earlier Bye
Laws that in the event of vacancies caused in the committee on account of
death, resignation, disqualification or removal of members of the committee,
the committee can fill up such vacancies by co-option of any other members eligible
to be on the committee. It has been now added in the new Bye Laws that such
filling of vacancies by co-option shall
not be more than two.
a) The society shall insure its
building against risk of fire, earthquake and flood.
b) The managing committee of every housing society
shall chalk out an emergency planning scheme
which shall include the following details in respect of the society and the
surrounding area: (i) Probability of danger and analysis thereof, (ii)
Evaluation of risk in pursuance of the probable danger, (iii) Response
machinery, (iv) Important telephone numbers including emergency numbers of each
and every member and numbers of officers of the Government
machinery concerned with emergency management, (v) The managing committee shall
hold discussions with all
members in the general body meeting over
the plan prepared as aforesaid and shall inform the members of the same. Such
plan shall also be displayed on the notice board of the society.
8. Bye-law nos. 161 (C), 161 C (1), and
161 C (2) deal with child labor.
It is prohibited to employ child labor
for household work and other works. The managing committee of
the society shall display such legal provisions on the notice board
and shall create awareness in the minds of all the members for eradication of
the said evil. If any member is found
to have employed child labor, the managing committee shall immediately
contact the office of the Labor
Commissioner or the Police
Station or the concerned voluntary
organization and shall inform
to that effect in writing to the Labor Commissioner.
9. Further as per new byelaw no. 161 (D),
the managing committee shall take certain precautions to see that no injustice
is done to any widow in the co-operative housing society.
After the death of a member of the society, while transferring
the flat wherein his widow is residing, to her name, after checking the nomination
letter/succession certificate, etc. only after her lawful right to the said property
is established, appropriate action shall be taken as per the provisions of the Act and Rules.
10. Bye-law no. 176 has been added which deals with
redevelopment of the buildings of the co-operative housing societies. It is
provided that the redevelopment
of the vacant space/ buildings owned by co-operative housing societies shall be made as per the provisions of the resolution
of the Government of Maharashtra dated 3rd January, 2009 under section 79 (A) of the Maharashtra Co-operative
Societies Act, 1960.
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