Wednesday, 18 July 2018

Incorporation Duties & Power of the Society

Incorporation Bye Law-72
The registration of the Society shall render it a body corporate by the name under which it is registered, with perpetual succession and common seal and with power to acquire, hold and dispose of the property, to enter into contracts and other legal proceedings and to do all such things as are necessary for the purpose for which it is constituted.

Common Seal Bye law-73
The Common Seal of the Society shall be in the custody of the Secretary of the Society and shall be used under the authority by means of a resolution of the Committee on the Deeds of conveyance, share certificate or any other documents, to which the seal is affixed on behalf of the Society, shall be attested by the Chairman, the Secretary and one Member of the Committee, authorized by the Committee in that behalf along with their name and designation.

Charge and set off in respect of Shares and interest of a Member of the Society. Bye Law-74
The Society shall have a charge on the shares and/or interest of a Member, present or past, in the capital/property of the Society and upon any dividend, bonus or profits, payable to a Member in respect of any charges due from such Member or past Member to the Society and may set off any sum credited by or payable to a Member, in or towards there payment of such charges, as provided under Section 46 of the Act.

Flat purchased is deemed to have been allotted Bye Law 75(a)
The Member, person/firm who had purchased the flat under an agreement under Section 4 of the Ownership Flats Act, or acquired interest in the flat on transfer of the same by existing Member with previous permission of the Society, shall be deemed to have been allotted the same flat by the Society subject to the terms and conditions set out in the letter of allotment in the prescribed form, including subsequent modifications made by the Society.

Policy for allotment of flats Bye law-75(b)
The allotment of flats in the building/buildings of the Society shall be made to its Members on the basis of the first come first served, full payment of the demands, made by the Society from time to time or 
By drawing lots as may be decided by the General Body Meeting. The Secretary of the Society shall issue letters of allotment of flats in the prescribed form to the respective Members and obtain confirmation letters from them.

Cancellation of allotment of flats Bye law-75(c )
Where any Member fails to pay any calls made by the Society under the bye-law No. 75(a), within the time allowed to him by the committee the allotment of flat made in his favor, shall stand cancelled and the Secretary of the Society, under instructions from the Committee, shall inform the Member accordingly. Where such cancellation has been made, the flat may be allotted to other applicant approved by .the committee, if a Member, whose allotment is cancelled, makes payment of the calls and Committee at its meeting may consider the matter regarding re allotment of any other flat to him if it is available for allotment.

Getting possession of flats on full payment Bye law-75(d)
No Member shall be eligible to get possession of the flat allotted to him unless he has made full payment towards shares, cost of construction, repayment of the loan installments, which have fallen due and/or any other charges demanded by the Society, under these bye-laws.

Change of user not permissible without the sanction of the Committee Bye law-75(e )
No Member of the Society shall use the flat / unit deemed to have been allotted to him under (a) above, for a purpose other than that mentioned in the letter of allotment, without the previous consent in writing of the Committee.

Society to carry out Structural Audit Bye law-76
a) The Society shall cause to undertake the Structural Audit of the building as follows
     i. for buildings aged between 15 to 30 years.. .. once in 5 years
     ii. for buildings aged more than 30 years  .. .. ..  once in 3 years
b) Such Structural Audit by Societies which are in Municipal Corporations limits shall be conducted by       approved Engineers from the Corporations panel. In case of other Societies such structural audit            shall be carried by the Govt. Approved Structural Engineers / Architect, and maintain record thereof
c) The Society shall undertake to carry out periodical Fire Audit of its property as per the State Fire            Policy, and maintain record thereof
d) The Society shall carry out periodical Inspection of Lifts / Elevators and maintain record thereof

Handing over possession of flat to the allottee Bye Law - 77
The committee shall, after getting occupation or completion certificate from the local authority, scrutinize the allotment register from time to time and issue instructions to the Secretary of the Society to hand over possession of flats to the respective Members who have complied  with the provisions of the bye-law no. 17 / 19.