Bye-law No.
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Subject matter of the Bye-laws
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1.
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(a)
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Name of the Society
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(b)
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Procedure for changing the name
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(c)
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Classification
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2.
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(a)
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Address of the society
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(b)
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Intimation of change in the address of the society
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(c)
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Procedure for changing the address of the
society
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(d)
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Exhibition of Name Board
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3.
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Interpretations
of the words and terms
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4.
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Area of
operation of the society
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5.
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Objects of
the society
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6.
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Affiliation
of the society to other co-op, institutions
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(A)
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Raising of Funds
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7.
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Different modes
of raising the funds of the society
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(B)
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Share Capital
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8.
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Authorised
share capital of the society
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9.
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Issue of
share certificates to the members of the society
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10.
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Society's
seal and signatures of office-bearers on each share certificate
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(C)
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Limit of Liabilities
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11.
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Restrictions
on incurring liabilities of the society
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(D)
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Constitution of the Reserve Fund
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12.
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(i)
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How
the Reserve Fund shall be constituted
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(ii)
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Appropriation
of the amounts to the Reserve Fund of the society
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(E)
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Creation of Other Funds
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13.
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Other Funds
to be created by the society
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(a)
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Creation of
the Repairs and Maintenance Fund by the society
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(b)
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Creation of
the Major Fund by the society
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(c)
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Creation of
the Sinking Fund by the society
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(F)
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Utilisation of the Funds by the Society
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14.
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(a)
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Utilisation
of the Reserve Fund
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(b)
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Utilisation
of the Repairs and Maintenance Fund.
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(c)
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Utilisation
of the Sinking Fund
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(d)
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Utilisation
of the Corpus Fund
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(e)
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Payment of
remuneration to a member for services rendered by him to the society
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(f)
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Utilisation
of the Major Repairs Fund
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(G)
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Investment of Funds
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15.
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Modes of
investment of funds of the society.
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I. MEMBERSHIP
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16.
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(A)
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Classes of Members
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(B)
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Eligibility for Membership
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17.
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(a)
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Eligibility
of individuals for membership of the society
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(b)
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Eligibility
of a minor or a person of unsound mind for membership of the society
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(c)
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Admission of
person to society's membership subject to the Collector's approval
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18.
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Eligibility of Corporate
Bodies for membership of the society
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(C)
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Conditions of Membership
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19.
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(A)
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Conditions
for individuals desiring to be members of the society
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(B)
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Conditions
of associate membership of the society
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(C)
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Conditions
of membership for bodies corporate desiring to become members of the society
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20.
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Conditions
for nominal membership of the society
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21.
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Procedure
for disposal of applications for membership
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II. RIGHTS OF MEMBERS
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(A)
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Getting Copy of the Bye-laws
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22.
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Right to get
a copy of the bye-laws of the society
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(B)
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Inspection of Books and Records
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23.
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Right of
inspection of documents and getting copies thereof
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(C)
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Occupation of Flats
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24.
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(a)
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Right
of occupation of the Flat
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(D)
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Restrictions on Rights of Associate and Nominal Members
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25.
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No right of
membership to an associate member except that under Section 27(2) of the Act
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26.
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No rights of
membership to a nominal member
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(E)
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Resignation of Membership
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(1)
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Resignation by a Member
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27.
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(a)
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Notice of
resignation of membership of the society
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(b)
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Resignation
not to be accepted unless charges of the society are fully paid
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(c)
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Communication
of the amount of charges of the society outstanding to the member
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(d)
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Acceptance
of resignation where no charges of the society are outstanding
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(e)
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Communication
of reasons for rejection of resignation
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(2)
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Resignation by an Associate Member
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28.
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Resignation
by an associate member
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(3)
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Resignation by a Nominal Member, occupying the flat on behalf
of the Firm, Company or any other Body Corporate
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29.
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Resignation
by a Nominal Member, occupying the flat on behalf of a firm, company or any
other body corporate.
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(4)
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Resignation by a Nominal Member, who is Sub-lettee, Licensee,
Caretaker etc.
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30.
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Resignation
by a sub-lettee, licensee or caretaker.
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31.
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Acquisition
of shares and interest of the member in the capital/property of the society
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(F)
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Nominations by Members
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32.
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Procedure
for Nomination by a member and its revocation.
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33.
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Recording of
Nomination or revocations of earlier nomination.
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34.
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Transfer of
shares and interest of the deceased member in the capital property of the
Society to the nominee.
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35.
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Transfer of
shares and interest of the deceased member in the capital/ property of the
Society to the heir.
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36.
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Payment of
the value of Shares and interest of the deceased member in the
capital/property of the society to the nominee / nominees.
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37.
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Payment of
the value of Shares and interest of the deceased member in the
capital/property of the Society to the heir/ legal representative.
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(G)
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Transfer of Shares and interest in the Capital/ Property of
the Society
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38.
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(a)
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Notice
of transfer of Shares and interest in the capital/property of the Society
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39.
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(a)
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Disposal of
applications for transfer of Shares and interest of the member in the
Capital/ property of the society.
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(b)
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The
Committee/General Body not to ordinarily refuse any application for
membership or transfer of Shares and/or interest in the capital/property of
the society.
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(c)
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When
application for transfer of Shares and interest in the capital/property of
the Society, shall be deemed to have been rejected.
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(d)
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Unauthorised
transfer-null and void.
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40.
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Rights of
membership, since when to be exercised by the transferee
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(H)
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Exchange of Flats
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41.
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Application
for exchange of flats by the members of the Society
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42.
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Disposal of
applications for exchanges of flats by the members of the Society
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(I)
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Sub-letting etc. of Flats
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43.
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(1)
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Sub-letting
etc. not permissible except under the Society's permission.
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(2)
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Application
for getting permission to sub-let etc. the flat
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44.
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Procedure to
disposal of applications for sub-letting etc. of the flat
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45.
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Restrictions
on assignment of occupancy right in the flat.
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III.
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RESPONSIBILITIES AND LIABILITIES OF MEMBERS
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(A)
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Maintenance of Flats by Members
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46.
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Flats to be
kept clean.
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47.
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(a)
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Additions
and alterations in a flat to be carried out with the Committee's permission.
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(b)
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Application
for permission and making additions and alterations in a flat.
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48.
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(a)
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Examination of flats by secretary and report about Repairs to
Flats.
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(b)
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Notice to
the member about carrying out repairs in his flat, by the society at its
cost.
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(c)
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Notice to
the member for carrying out repairs to his flat at his cost.
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49.
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Restrictions on storing of certain goods.
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50.
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(a)
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Not
to do anything in a flat causing inconvenience, nuisance or annoyance to
other members.
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(b)
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Committee to
take action on complaints about violation of the provision of bye-law No.
50(a).
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(B)
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Expulsion of a Member
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51.
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Grounds on which a member can be expelled.
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52.
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(a)
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Procedure
for expulsion of a member.
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(b)
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Forfeiture
of shares of the expelled member.
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53.
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Effect of
expulsion on membership of the Society.
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54.
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Handing over
vacant possession of the flat by the expelled member.
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55.
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Acquisition
of the Shares and interest of the expelled member.
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56.
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Eligibility
of the expelled member for re-admission to membership of the Society.
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(C)
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Cessation of Membership
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57.
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Circumstances
under which the person shall ceases to be a member of the society.
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58.
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Circumstances
under which the person shall cease to be associate member.
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59.
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Circumstances
under which the person occupying the flat on behalf of the firm/company
ceases to be the nominal member.
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60.
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Circumstances
under which a Sub-lettee, licensee, care-taker ceases to be the nominal
member.
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61.
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Action by
the Committee on cases of cessation of membership of the society.
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(D)
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Restrictions on holding more than one Flat
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62.
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Holding of
flats by member.
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(E)
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Liabilities of a Member and the Past Member
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63.
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Liability
limited to paid up shares amount.
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64.
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Liability of
the past and deceased member
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(F)
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Other Matters
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65.
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Disposal of
applications.
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66.
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Payment of
the value of Shares and interest of a member or past member of the Society.
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67.
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Composition
of the Charges of the Society.
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68.
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Break-up of
Service Charges of the Society.
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69.
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(a)
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Sharing
of the Society's Charges by the members.
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(b)
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Committee
to fix Society's Charges in respect of every flat.
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70.
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Payment of
the Society's Charges.
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71.
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Review of
the cases of defaults in payment of the charges of the Society.
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72.
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Interest on
defaulted charges.
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73.
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Incorporation
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74.
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Common Seal
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75.
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Charge and
set off in respect of Shares and interest of a member of the Society
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76.
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(a)
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Flat
purchased is deemed to have been allotted.
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(b)
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Change of
user not permissible without the sanction of the Committee.
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77.
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Society to
carry out Structural Audit
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78.
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Policy of
allotment of parking spaces and stilts.
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79.
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Restriction
on use of parking spaces, stilts.
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80.
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Marking of
parking spaces or stilts.
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81.
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Eligibility
for allotment of stilts or parking spaces.
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82.
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Eligibility
for allotment of stilts or parking spaces by lots.
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83.
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Applications
for allotment of stilts or open spaces.
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84.
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Payment of
charges for parking of vehicles.
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85.
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Parking of
other vehicles.
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(A)
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First General Meeting
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86.
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Holding of
the first general meeting within the stipulated period
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87.
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Calling, on
the first general meeting by the Registering Authority.
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88.
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Period of
notice for the first general meeting.
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89.
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(a)
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Functions of
the first general meeting
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(b)
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Nomination
of a provisional committee by the Registering Authority.
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90.
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Recording of
minutes at the first general meeting.
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91.
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Handing over
records by the Chief Promoter of the Society
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92.
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Powers of
the Provisional Committee.
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93.
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Period of
Office of the Provisional Committee.
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94.
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Handing over
charge by the Provisional Committee.
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(B)
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Annual General Body Meetings
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95.
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Period
within which annual general body meeting should be held.
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96.
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Functions of
the annual general body meeting of the Society.
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(C)
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Special General Body Meetings
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97.
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When a
special general body meeting should be called.
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98.
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Fixing date,
time and place for a special general body meeting requisitioned.
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99.
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Notice of a
general body meeting.
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100.
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Period of
notice of a general body meeting.
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101.
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Quorum for
the general body meeting.
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102.
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Holding of
the adjourned general body meeting.
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103.
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Postponement
of the general body meeting which cannot complete the business on the agenda.
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104.
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Chairman of
the Society to preside over all general body meetings.
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105.
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Restrictions
on attending a general body meeting by a proxy.
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106.
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Voting right
of a member.
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107.
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One member
One vote.
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108.
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How
decisions shall be taken.
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109.
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Recording of
the minutes of the general body
meetings
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110.
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Cancellation
of the previous resolution of the general
body meeting.
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111.
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General Body
meeting to be the supreme authority.
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112.
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Management
of the Society to vest in the Committee.
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113.
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Exercise of
powers by the Committee.
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114.
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Opening to
Banking Account
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115.
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Strength of
the Committee.
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116.
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(a)
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Election of
the Committee.
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(b)
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Action if
the nominations received are less than the number of seats to be filled in.
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117.
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Prohibition on
holding interested in the society transaction
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118.
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Disqualification
for election to the Committee.
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119.
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Constitution
of the Committee
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120.
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(a)
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Cessation of
a member of the Committee
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(b)
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Intimation
of cessation of membership of the Committee.
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121.
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Restrictions
on being present at the time of consideration of a matter in which a member
of the Committee is interested and voting on such matter.
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122.
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Period of office
of the elected Committee.
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123.
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(a)
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The first
meeting of the newly elected committee to be held within 30 days of its
election.
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(b)
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Issue of
notice of the first meeting of newly elected committee.
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124.
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Custody of
the records of the society.
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125.
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Handing over
charge by the outgoing committee.
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126.
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Election of
office bearers of the Society.
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127.
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Quorum for
Committee meeting.
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128.
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Number of
Committee meeting to be held in a month.
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129.
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Casual
vacancies in the Committee to be filled in by co-option.
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130.
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The period
of office of the member co-opted by the Committee.
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131.
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Resignation
by a member of the Committee.
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132.
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Resignation
of office-bearer of the society.
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133.
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Notice of
meeting of the Committee.
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134.
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The Chairman
of the society to preside over the meetings of the Committee.
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135.
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One member
one vote. Decisions by majority of the Committee.
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136.
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A special
meeting of the Committee at the instance of the 1/3rd members of the
Committee or by direction of the chairman
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137.
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Attending
meetings of the Committee and recording their minutes by the Secretary of the
society.
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138.
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Joint and
several liabilities of the members of the Committee.
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139.
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Powers,
duties and functions of the Committee.
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140.
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Powers of
the chairman of the society.
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141.
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Functions of
the Secretary.
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142.
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Books of
accounts, Registers and other Books to be maintained.
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143.
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Other
records to be maintained.
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144.
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Responsibility
for maintenance of account books, registers, records etc.
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145.
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Limit for
maintaining cash on hand.
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146.
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Payment
beyond prescribed limit to be made by cheque and power to sign the cheque.
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147.
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(a)
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Finalization
of accounts.
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(b)
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Extension of
time for finalization of accounts.
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148.
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Security by
the employees.
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149.
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(a)
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Contribution
to the Statutory Reserve Fund of the Society
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(b)
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Distribution
of the remaining profit of the society
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150.
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Amounts
which could be written off
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151.
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Procedure to
be followed before writing off any amount.
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152.
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Appointment
of an internal auditor
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153.
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Production
of books and records for audit
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154.
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Preparation
of the audit rectification report
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155.
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(b)
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Finalisation
of the deed of conveyance of the property
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(c)
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Execution of
the deed of conveyance
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156.
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Committee's
responsibility to maintain the property of the society
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157.
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Inspection
of the property of the society, to see if it needs repairs
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158.
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Committee’s
to execute the repairs and maintenance of the property of the society
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159.
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The
Committee to execute the work or repairs and maintenance of the society’s property
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159.
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The
Committee to execute the work of repairs & maintenance of the society's
property
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160.
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(a)
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Various items
of repairs and maintenance to be carried out by the society at its cost
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(b)
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Repairs by
the members at their cost
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161.
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Insurance of
the building/ buildings of the society
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162.
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Trees in the
compound of the society
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163.
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Service of
notice of the meeting, Communication of resolution or decision
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164.
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Co-operative
Year
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165.
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Notice Board
of the society
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166.
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Penalties
for breaches of the bye-laws of the society
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167.
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Amendments
to the bye-laws of the society
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168.
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Hours of
operation of the lift
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169.
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Restrictions
on playing of games in the society's compound
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170.
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Restrictions
on lettings or giving on leave and license basis, open space
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171.
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Permission
for use of terrace
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172.
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Copying fees
for supply of copies of documents to members of the society
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173.
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Complaint Application
to be submitted to the society
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174.
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Committee’s
action on the complaint application
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175.
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If the
action is not taken within stipulated period by the society then to whom the
complaint to be made
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(A)
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Registrar
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(B)
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Co-operative
Court
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(C)
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Civil Court
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(D)
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Corporation
/ Local Authorities
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(E)
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Police
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(F)
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General Body
of the Society
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(G)
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Housing Federation
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