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Monday 30 April 2018

Interpretations of the words & terms in housing Society

Unless otherwise separately provided in these Bye-laws,the following words and terms shall have the meaning assigned to them herein :

Act : means the Maharashtra Co-operative Societies Act; (MCS Act) 1960.

Bye-laws : means by-laws consistent with Act and registered under this Act for the time being in force and includes registered amendments of such bye-laws.

Chief Promoter :  means the person who is elected by the Promoters, in their first meeting, or in their subsequent meetings in case the post of the Chief Promoter lies vacant, till the first general meeting.

Committee : means the Committee of management or board of directors or the governing body or other directing body of a cooperative Housing Society, by whatever name called, to which the management of the affairs of a Society is entrusted and vested under section 73 of the Act.

Flat : means a separate and self contained set of premises used or intended to be used for residence, or office, or show-room, or shop, or godown and includes a garage, or dispensary, or consulting room, or clinic, or flour mill, or coaching classes, or palnaghar, beauty parlour, the premises forming part of a building and includes an apartment.

Housing Society Federation : means the federation of co- operative housing societies, registered and notified under the Act.

Ownership Flats Act : means the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act. 1963.

Papers : means all or any of the items mentioned in the bye-laws Nos. 142 and 143.

Parking Space : means open space within the premises of the Society earmarked by it for parking of vehicles and includes a stilt, basement, podium , mechanized parking.

Parking Slot : means demarcated and numbered individual parking slot for a single vehicle ( for four wheeler LMV or two wheeler ) within the Parking Space available with the Society.

Promoter : means a person, who has signed the application for registration of the Society.

Promoter Builder : means a person and includes a partnership firm or a body or association of person, [whether registered or not] who constructs or causes to be constructed a block or building of flats [or apartments] for the purpose of selling some or all of them to other persons, or to a company, Co-operative Society or other association of persons, and includes his assignees; and where the person who builds and the person who sells are different persons, the term includes both.

Rules : means the Maharashtra Co-operative Societies Rules, 1961.

Reserve Fund : means the fund constituted under the provisions of Section 66 (1) of the Act and the Bye-law No. 12(i).

Repairs and Maintenance Fund :means the fund constituted under the Byelaw No. 13(a).

Sinking Fund :means the fund constituted under the Bye-law No. 13(c).

Major Repair Funds : means a Fund created by the Society and constituted under Bye-law No. 13 (b), for the purpose of Major Repairs including Plastering, building of compound wall, pavement, total painting, reconstruction.

Open space : means an Area, forming a integral part of the site, left open to sky.

Open terraces : means terraces which are otherwise not in the exclusive possession of any of the Members.

Common Area & Facility :

  • The land on which the building is located.
  • The foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors, lobbies, stair-ways, lifts / escalators , fire escapes and entrances and exits of the building.
  • The basements, cellars, yards, gardens, parking areas un- demarcated / demarcated parking slots, and storage spaces.
  • The premises for the lodging of janitors or persons employed for the management of the property.
  • Installations of central services such as power, light, gas, water storage and water heating, water harvesting, pump houses, refrigeration, air conditioning, generators, roof top solar devices, common antennas and mass communication and data sharing devices.
  • The elevators, tanks, pumps, motors, fans, compressors, ducts and in general all apparatus and installations existing for common use.
  • Such community and commercial facilities as may have been provided for.
  • All other parts of the property necessary or convenient to its existence, maintenance and safety or normally in common use.

Member Definition
Member: means a person joining in an application for the registration of a housing society which is subsequently registered, or a person duly admitted to Membership of a society after its registration and includes associate or joint or provisional Members:
         a) Associate Member : means a person duly admitted to Membership of a housing on written recommendation of a Member to exercise his rights and duties with his written prior consent and whose name does not stand in the share certificate;
         b)Joint Member : mean a person joining in an application for the registration of a housing society jointly, which is subsequently registered or a person who is duly admitted to Membership after its registration and who holds share, right, title and interest in the flat jointly but whose name does not stand first in the share certificate;
         c)Provisional Member : mean a person who is duly admitted as a Member of a society temporarily after death of a Member on the basis of nomination till the admission of legal heir or heirs as the Members of the society in place of deceased Member;

Active Member

  • One who has purchased and owns a Flat / Unit in the Society.
  • One who attends at least one General Body Meeting of the Society in the previous five consecutive years.
  • Provided that nothing in this clause shall apply to the members whose absence has been condoned by the General Body Meeting of the Society.
  • Who has paid the Society Maintenance Service and other charges at least once in previous consecutive five years.

Family :
"Family" means Group of persons which includes husband, wife, father, mother, sister, brother, son, daughter, son-in-law, brother-in- law, sister-in-law, daughter-in-law, grandson /daughter.

Transfer Fees :  means the sum payable by a transferor to the Society for the transfer of his shares along with occupancy right as provided under the Bye-law No. 38(e)(vii).

Premium : shall mean and include the amount payable to the Society by the Member, transferring his shares and interest in the capital/property of the
Society, in addition to the transfer fee as provided under bye-law No. 38(e)(ix);

Working Capital : means funds at the disposable of the Society inclusive of the paid up capital, share capital, funds created out of profits, and money raised by borrowing or by any other means.
Authorized Person’ means a person duly authorized to take action under the provisions of this Act.

State Co-operative Election Authority : means an Authority constituted or nominated by the State Government for the purposes of superintendence, direction, and control of the preparation of the Electoral Roll for and conduct of the Elections of Committee of a Society or such class of Societies as may be notified.

Expert Director : means and includes a person having experience in the field of Housing, cooperation and the field relating to the objects and activities undertaken by the Society.

Functional Director : means and includes a Chief Executive Officer or Manager or by whatever designation called, Nominated by a Committee and discharges duties and functions as may be assigned to him by the Committee.

Officer :  means a person elected or appointed by a Society to any office of such Society and includes any office bearer such as a Chairman, Vice-Chairman, Chairperson, President, Secretary, Joint Secretary, Treasurer, Joint Treasurer, Member of the Committee, Manager, and any other person elected or appointed to give directions in regard to the business of such Society.

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