As many clients asking queries/issues related to bye-law in email/WhatsApp so here I am going to explain all Bye-Law in a more easy way. I am not able to reply to all queries due to a busy schedule so please here search your topic you will get answers.
I. Preliminary
Bye Law No 1. (a) Name of the Society
(b) Procedure for changing the name
(c) Classification
Bye Law No 2.(a) Address of the Society
(b) Address for Correspondence
(c) Procedure for changing the address of the Society
(d) Procedure for changing the address of the Society
II. Interpretations
Bye Law No. 3. Interpretations of the words and terms | Societies General Legal Words & Terminology, Important Term To Understand in Housing Society Read More
III. Area of Operation
Bye Law No. 4. Area of Operation of the Society Read More
IV. Objects
Bye Law No. 5. Objects of the Society| To obtain the conveyance from the
owner/Promotor(Builder) | Manage the society | Raise Fund to
achieving the day to day expenses | Provide Education &
training: To obtain conveyance from the Owner/ Promoter Builder, To manage,
maintain and administer the Society etc Read More
V. Affiliation
Bye Law No. 6. Affiliation of the Society to other Co-op Institutions Read More
VI. Funds their Utilization and investment
(A) Raising of Funds
Bye Law No. 7. Different modes of raising Funds of the Society | Fund Raising From Members in various heads as defined here Read More
(B) Share Capital
Bye Law No. 8. Authorized Share Capital | What is Authorized Share Capital | Share Capital Amount which is collected from Members Read More
Bye Law No. 9. Issue of Share Certificates to the Members of the Society | When society should issue the Share Certificate to members | How to issue duplicate share certificate: Read More
Bye Law No. 10. Society's seal and signature of office bearers on every share certificate | How To Make Share Certificate: Every such Share Certificate shall bear the seal of the Society and be signed and by the Chairman, the Secretary, and one Committee Member Read More
(C) Limit of Liabilities
Bye Law No. 11. Limit of Liabilities : Restriction on incurring liabilities by the
Society Read More
(D) Constitution of the Reserve Fund
Bye Law No. 12. How the Reserve Fund shall be
constituted | How to create Reserve Fund ? | Appropriation of the amounts to the Reserves Fund of the Society. Read More
(E) Creation of Other Funds
Bye Law No. 13. Other Funds to be created by the Society.
(a) Creation of the Repair and Maintenance Fund by Society
(b) Creation of the Major Repairs Fund by Society
(c) Creation of the Sinking Fund by the Society
(d) Creation of the Education & Training Fund Read More
(F) Utilization of the Funds by the Society
Bye Law No. 14. (a) Utilization of the Reserve Funds
(b) Utilization of the Repairs & Maintenance Fund
(c) Utilization of the Sinking Fund
(d) Utilization of the Education & Training Fund Read More
(G) Investment of Funds
Bye Law No. 15. Modes of Investment of Funds of the Society Read More
VII. Members , their rights, responsibilities and liabilities
1. Membership
Bye Law No. 16. (A) Classes of Members
(B) Eligibility for Membership Read More
Bye Law No. 17. Eligibility for Membership Of the Society Read More
Bye Law No. 18. Eligibility of Corporate Bodies for Membership of the Society Read More
Bye Law No. 19. (a) Conditions for individuals desiring to be
Member of the Society
(b) Conditions of Associate Member of the Society
(c) Conditions of Membership for Body Corporate desiring to become Members of the Society Read More
Bye Law No. 20. Conditions for Nominal Membership of the Society Read More
Bye Law No. 21. Procedure for disposal of Membership Applications Read More
2. Rights & Duties of Members
Bye Law No. 22. (A) Rights of Members
(b) Getting Copy of the Bye-Laws & Audit Report Read More
Bye Law No. 23. Inspection of Books and Record | Right of inspection of documents and getting copies thereof Read More
Bye Law No. 24. (C) Occupation of Flats: Right of occupationof the Flat Read More
Bye Law No. 25. (D) Restrictions on Rights of Associate and Nominal Members:
No rights of Membership for Associate Member except that under Section 27(2) of the Act Read More
Bye Law No. 26. No rights of Membership to a Nominal Member Read More
(E) Resignation by a Member
(1) Resignation by a Member
Bye Law No. 27. (a) Notice of resignation of Membership of the Society
(b) Resignation not to be accepted unless charges of the Society are fully paid
(c) Communication of outstanding charges due to Society from the Member
(d) Acceptance of resignation where no charges of the Society are outstanding
(e) Communication of reasons for rejection of resignation Read More
(2) Resignation by an Associate Member
Bye Law No. 28. Resignation by an Associate Member Read More
(3)Resignation by a Nominal Member Resignation by a Nominal Member occupying the flat on behalf of a firm company or any other body corporate
Bye Law No. 29. Resignation by a Nominal Member occupying the flat on behalf of a firm company or any other Body Corporate Read More
(4) Resignation by a Nominal Member, who is Sub- lettee, Licensee, Caretaker etc
Bye Law No. 30. Resignation by a sub- lettee licensee- or caretaker Read More
Bye Law No. 31. Acquisition of shares and interest of the Member in the Capital /
Property of the Society Read More
(F) Nomination by Members
Bye Law No. 32. Procedure for Nomination by a Member and its revocation. Read More
Bye Law No. 33. Recording of Nomination or revocations of earlier nomination Read More
Bye Law No. 34. Transfer of shares and interest of the Deceased Member in the capital /property of the Society to the Nominee Read More
Bye Law No. 35. Transfer of shares and interest of the Deceased Member in the
capital/property of the Society to the heir Read More
Bye Law No. 36. Payment of the value of shares and interest of the Deceased Member in
the capital/property of the
Society to the Nominee/Nominees Read More
Bye Law No. 37. Payment of the value of Shares and interest of the deceased Member in
the capital / property of the Society to the heir / legal Representative Read More
(G) Transfer of Shares and Interest in the Capital/Property of the Society
Bye Law No. 38. (a) Notice of transfer of Shares and interest in the Capital/Property of
the Society Read More
Bye Law No. 39. (a) Disposal of application for transfer of Shares and interest of the Member in the capital/property of the society
(b) Committee / General Body not to ordinarily refuse any application for
Membership or transfer of Shares
(c) Deemed to have been Admitted -if not communicated within three months
(d) Unauthorized transfer nulland void Read More
Bye Law No. 40. Rights of Membership,since when to be exercised by the transferee Read More
(H) Exchange of Flats
Bye Law No. 41. Application for exchange of flats by the Members of the Society Read More
Bye Law No. 42. Disposal of applications for exchanges of flats by Members of the Society Read More
(I) Sub-letting etc. of Flats
Bye Law No. 43. (a) Sub-letting not permissible except under the Society's permission
(b) Application for getting permission to sub-let etc. the flat Read More
Bye Law No. 44. Restrictions on assignment of occupancy right in the flat Read More
VIII. Responsibilities and Liabilities of Members
(A) Maintenance of Flats by Members
Bye Law No. 45. Flats to be kept clean Read More
Bye Law No. 46. (a) Additions and alterations in a flat to br carried out with the Committe's permission.
(b) Application for permission for Making additions and alterations in a flat Read More
Bye Law No. 47. (a) Examination of flats by Secretary and report about repairs to Flats
(b) Notice to the Member about carrying out repairs in his flat by the Society
at its cost
(c) Notice to the Members for carrying out repairs to his flat at his cost Read More
Bye Law No. 48. (a) Not to do anything in a flat causing inconvenience, nuisance or annoying to other Member
(b) Committee to
take action on complaints about violation of the provisions of the Bye-Law No. 48(a) Read More
(B) Expulsion of a Member
Bye Law No. 49. Grounds on which a Member could be expelled Read More
Bye Law No. 50. (a) Procedure for expulsion of a Member
(b) Forfeature of shares of the expelled Member Read More
Bye Law No. 51. Effect of expulsion on Membership of the Society Read More
Bye Law No. 52. Handing over vacant possession of the flat by the expelled Member Read More
Bye Law No. 53. Acquisition of the shares and interest of the expelled Member Read More
Bye Law No. 54. Eligibility of the expelled Member for readmission to Membership of
the Society Read More
(C) Cessation of Membership
Bye Law No. 55. Circumstances under which a person ceases to be a Member of the Society Read More
Bye Law No. 56. Circumstances under which the person shall cease to be Associate
Member Read More
Bye Law No. 57. Circumstances under which the person occupying the flat on behalf of
the firm / company ceases to be the nominal Member Read More
Bye Law No. 58. Circumstances under which a Sub lettee, licensee or
caretaker ceases to be the nominal Member Read More
Bye Law No. 59. Action by the Committee in the case of cessation of Membership on the Society Read More
(D) Restrictions on Holding more than one flat
Bye Law No. 60. Holding of multiple flats by Member Read More
(E) Liability of a Member and more Past Member
Bye Law No. 61. Liability limited to paid up amount shares amount Read More
Bye Law No. 62. Liability of the past and Deceased Members Read More
(F) Other Matters
Bye Law No. 63. Disposal of applications Read More
Bye Law No. 64. Payment of Value of shares and interest of a Member or past Member of the Read More
IX. Levy of Charges of the Society
Bye Law No. 65. Composition of the Charges of the Society Read More
Bye Law No. 66. Break-up of Service Charges of the Society Read More
Bye Law No. 67. Sharing of the Society's Charges by the Members Read More
Bye Law No. 68. Repairs and maintenance to be carried out by Society Read More
Bye Law No. 69. Payment of the Society's Charges Read More
Bye Law No. 70. Review of cases of defaults in payments of the charges of the society Read More
Bye Law No. 71. Interest on defaulted charges Read More
X. Incorporation of Duties and Powers of the Society
Bye Law No. 72. Incorporation of the society Read More
Bye Law No. 73. Common Seal Read More
Bye Law No. 74. Charge and set off in respect of Shares and interest of a Member of the Society Read More
Bye Law No. 75. (a) Flat purchased is deemed to have been allotted
(b) Policy of allotment of flats
(c) Cancellation of allotment of flats
(d) Handing over possession of Flats
(e) Changes of user not permissible without sanction of the committee Read More
Bye Law No. 76. Society to carry out Structural Audit Read More...
Bye Law No. 77. To obtain a certificate of possession from the allotteey Read More...
Bye Law No. 78. (a) Policy of allotment of parking slots
(b) Restrictions on use of parking slots Read More...
Bye Law No. 79. Marking of parking spaces or slots Read More...
Bye Law No. 80. Eligibility for allotment of parking slots Read More...
Bye Law No. 81. Eligibility for allotment of parking slots by lots Read More...
Bye Law No. 82. Applications for allotment of parking slot Read More...
Bye Law No. 83. Payment of charges for parking of vehicles Read More...
Bye Law No. 84. Parking of other vehicles Read More...
General Meetings ( Bye Law No. 85 to 109 )
Bye Law No. 85. Holding of the First General Meeting within the stipulated period: The First General Body meeting of the Promoters, who have signed the Application for Registration of the Society, shall be held within the period of three months of the date of the registration of the Society. Read More...
Bye Law No. 86. Calling the first General Meeting by the Registering Authority: On failure of the Chief Promoter of the Society to hold the First General Body meeting within the period mentioned in bye-law no 86, the Registering Authority shall cause it to be convened. Read More...
Bye Law No. 87. Period of notice for the First General Meeting: Clear fourteen days Notice of the First General Body Meeting or any AGM of the Society shall be given by the Chief Promoter/Chairman of the Society. Read More...
Bye Law No. 88. Functions of the First General Meeting | Nomination of a provisional committee by the Registering Authority : there are many functions of the first general body meeting,
where we pass the account book of last year ( from the builder) and appoint an
internal auditor and panel auditor for next year's audit. Also, change the
maintenance charges and start to take maintenance charges as per
bye-law. Read More...
Bye Law No. 89. Recording of minutes at the first General Meeting: Minutes of the First General Body Meeting shall record, sign them by all members, and hand them over to the Secretary of the Society elected at the first meeting of the Provisional Committee. Read More...
Bye Law No. 90. Handing over records by the Chief Promoter of the Society: The Chief Promoter of the Society shall, immediately after the election of the Office Bearers of the Society, at the first meeting of the Provisional Committee or its nomination by the Registering Authority under the bye-law no. 87(b), hand over to the Chairman of the Society Read More...
Bye Law No. 91. Powers of the Provisional Committee: The Provisional Committee or the Nominated Committee shall have all powers and functions as the committee duly elected in accordance with the Act, Rules & Bye-laws of the Society. Read More
Bye Law No. 92. Period of Office of the Provisional Committee | The Provisional Committee shall be in office for a period of one year: The Provisional Committee or the Nominated Committee shall be in office for a period of one year or until the regular elections are held under the Bye-laws of the Society. Read More...
Bye Law No. 93. Handing overcharge by the Provisional Committee: The Chairman of the Provisional Committee or the Nominated Committee shall handover the charge of all the assets and documents & papers of the Society to the' Chairman of the newly elected Committee as soon as possible. The new committee should record and sign from the previous committee for a list of handover documents. Read more...
Bye Law No. 94. Holding of AGM Meeting: The Annual General Body Meeting of the Society shall be held on or before 30th September every year as provided under Section 75(1) of the Act with clear 14 days notice period, also can include Balance sheet & Income and expense report in notice letter (should be posted/send to all members) Read More...
Bye Law No. 95. Functions of the Annual General Body Meeting of the Society: The Annual General Body Meeting of the Society shall transact the following business Read More...
Bye Law No. 96. When a Special General Body Meeting should be convened : A Special General Body Meeting (SGM) of the Society may be called at any time at the instance of the Chairman or by the decision of the majority of the Committee and shall be called within one month of the date of the receipt Read More...
Bye Law No. 97. Fixing date, time and place for Special General Meeting requisitioned | The requisition for the special general body meeting: The demand for the special general body meeting(S.G.M.) of the Society, shall be placed within 7 days of its receipt, SGM can be called any time whenever any urgency and need to take decision by a majority of members. Read More...
Bye Law No. 98. Notice of the General Body Meeting: The committee shall decide the date, time, and place of every General Body Meeting of the Society and the business to be transacted thereat; provided that the business to be transacted at the requisitioned Special General Body Meeting shall be only that mentioned in the requisition. Read More...
Bye Law No. 99. Period of notice of a General Body Meeting: For Annual General Body Meeting (A.G.M.), 14 clear day's Notice and in the case of the special general body meeting (S.G.M.), 5 clear day's notice of the meeting shall be given to all the Members of the Society. Read More...
Bye Law No. 100. Quorum for the General Body Meeting: The quorum for every general body meeting of the Society shall be 2/3rd of the total number of Members of the Society or 20, whichever is less Read More...
Bye Law No. 101. Holding of the adjourned General Body Meeting: If within half an hour after the time appointed for general body meeting of the Society, there is no quorum, the meeting, if convened upon the requisition of the Members, shall be dissolved Read More...
Bye Law No. 102. Postponement of General Body Meeting: If all the business on the agenda of the General Body Meeting of the Society cannot be transacted on the day on which the General Body Meeting is scheduled, the meeting shall be postponed for max 30 days from the date of the meeting. Read More
Bye Law No. 103. Chairman of the Society to preside over all General Body Meetings: The Chairman of the Society shall preside over all General Body Meetings of the Society, in case if the Chairman is absent, the Members present may elect a person from among themselves to preside over the meeting. Read More
Bye Law No. 104. Restrictions on attending a general body meeting by a proxy | Power of attorney can not attend the AGM: No proxy or a holder of a power of attorney or letter of authority shall be eligible to attend a General Body Meeting of the Society. Read More...
Bye Law No. 105. The voting right of a Member: The voting right of a Member and the Associate Member of the Society shall be regulated in accordance with the provisions of Section 27 of the Act. Read More...
Bye Law No. 106. One Member One Vote: In AGM of society, every Active Member of the Society and in his absence, his Associate Member shall have one vote only. Read More...
Bye Law No. 107. How decisions shall be taken | All decision can be taken in General Body Meeting with majority of votes: Under the Act, the Rules, and the Bye-laws of the Society, all questions/decisions at a General Body Meeting of the Society shall be decided by a majority of Members present and voting at the meeting. Read More...
Bye Law No. 108. Recording of the minutes of the general body meetings: The committee shall finalize the draft minutes of the general body meeting of the Society within 3 months of the date of the meeting and circulate the draft minutes among all the Members of the Society within 15 days of the meeting of the Committee at which the draft minutes were finalized. Read More...
Bye Law No. 109. Cancellation of the previous resolution of the general body meeting: No resolution can be brought at a General Body Meeting of the Society, canceling its previous resolution, unless six clear months have elapsed, after passing of the previous resolution. Read More...
Management of the affairs of the society ( Bye Law No. 110 to 140 )
Bye Law No. 110. General body meeting to be the supreme authority: Subjects to the provisions of the Act, the Rules, and the Bye-laws of the Society, the final authority of the Society shall vest in its General Body Meeting, summoned in such manner as is specified in these Bye-laws. Read More...
Bye Law No. 111. Management of the Society to vest in the Committee: The Management of the affairs of the Society shall vest in the Committee duly constituted in accordance with the provisions of the Act, the Rules and the Bye-laws of the Society. Read More...
Bye Law No. 112. Exercise of powers by the Committee: Subject to the direction given or regulation made by a Meeting of The General Body of the Society, the Committee shall exercise all powers, expressly conferred on it and discharge all functions entrusted to it under the Bye-law No. 138. Read More...
Bye Law No. 113. Opening of Banking Account and Investment of Funds: A Banking Account shall be opened by the Society in the nearest State or District Central Co-op Bank / a Scheduled Bank having awarded “ A “ Audit Class in last three consecutive years Read More...
Bye Law No. 114. Strength of the Managing Committee: The Committee shall consist of *11 / 13 / 15 / 17 / 19 Members of the Society. This strength includes the reservation of seats as provided under section 73B and 73C of the Act. Read More...
Bye Law No. 115. Election of the Committee: Election of all the Members of the Committee shall be held once in 5 years, before the expiry of its term, in accordance with the provisions of Sec 73- CB of the Act and the Rules/procedure framed thereunder. It shall be the duty of the Committee to intimate to the State Election Authority for holding of its election before the expiry of its term. Read More...
Bye Law No. 116. Prohibition against being interested in the Society transactions: No Officer of the Society shall have any interest, directly or indirectly, otherwise than as such officer: Read More...
Bye Law No. 117. Eligibility for Committee Members: No person shall be eligible for being elected as a Member of the Committee or co-opted on it, if: Read More...
Bye Law No. 118. General Election of Members of the Committee of a Society: In a General Election of Members of the Committee of a Society, on the election of two-thirds or more number of Members, the Returning Officer or any other Officer or Authority conducting such election shall within seven days after the declaration of results of the election of such Members, the committee has, for whatever reason, Read More...
Bye Law No. 119. Cessation of a Member of the Committee: A person shall cease to be the Member of the Committee, if: Read More...
Bye Law No. 120. Restriction on Committee Member if is involved in Matter: No Member of the Committee shall be present at the consideration of any matter, in which he is directly or indirectly interested. Read More...
Bye Law No. 121. Period of Office of the elected Committee: The period of office of the Committee elected under the Bye-law No. 115(a) shall be for 5 years Read More...
Bye Law No. 122. First Meeting of new committee: The first meeting of the newly elected jointly with the outgoing Committee shall be held within 30 days from the date of constitution of the new committee as per bye-law No. 117 and the provisions of Section 73AAA. Read More...
Bye Law No. 123. Custody of the records of the Society: All records of the Society shall be kept at its premises, convenient to the secretary, with the approval of the Committee of the Society. Read More...
Bye Law No. 124. Outgoing Chairman to handover charge to new Chairman: When the new Committee is elected, the Secretary of the outgoing committee shall prepare the list of papers and property of the Society in his custody and hand over the charge thereof to the outgoing Chairman. Read More...
Bye Law No. 125. At the First meeting, New Committee to Elect New Office Bearers | New Office Bearers election in first Managing Committee meeting: At the first meeting New Committee to Election New Office Bearers , Every Committee, at its first meeting, after its election shall elect a Chairman, Secretary, and Treasurer from amongst the Members of the Committee. Read More...
Bye Law No. 126. Quorum for Committee Meeting: The Committee meeting shall be normally held in the premises of the Society. The quorum for Committee Meeting shall be as mentioned in Bye-law No. 114. Read More...
Bye Law No. 127. Frequency of Committee meetings | Monthly Managing Committee Meetings once in a month is compulsory?: The Committee shall meet as often as necessary but at least once a month. Read More...
Bye Law No. 128. Filling up casual vacancy: A casual vacancy on the Committee may be filled by nomination out of the same class of Active Members in respect of which the casual vacancy has arisen as per section 73 CB and as per the instruction issued by State Co-operative Election Authority Read More...
Bye Law No. 129. Tenure of Office of co-opted Members: The period of office of the co-opted member of the Committee shall be coterminous with the tenure of Office of the Committee. Read More...
Bye Law No. 130. Resignation of Committee Member of the Society: A Member of the Committee may, by a letter addressed to the Chairman of the Society, resign his membership of the committee. The resignation shall be effective from the date it is accepted by the Committee Read More...
Bye Law No. 131. Resignation of office bearers of the Society: The Chairman of the Society may resign his office as Chairman by a letter addressed to the Secretary of the Society. Secretary can resign to address to the chairman Read More...
Bye Law No. 132. Notice of Committee Meetings: The Secretary of the Society shall give 3 clear day’s notice of meetings of the Committee to all the Members of the Committee which shall state the date, time and place of the meeting and the business to be transacted there at, in consultation with the Chairman of the Society. Read More...
Bye Law No. 133. Chairman to preside over Committee Meetings: The Chairman of the Society shall preside over all the meetings of the Committee, provided that if at any meeting of the Committee, he is absent, those Members of the Committee Read More...
Bye Law No. 134. One Member one vote, Decision by majority: Every Member of the Committee shall have one vote. However in case of equality of votes the chairman of the meeting will have a second or casting vote. All decisions shall be taken by majority of vote. Read More...
Bye Law No. 135. Requisitioned Special Meeting of Committee | Secretary of the Society shall convene a special meeting of the Committee: On a requisition by 1/3rd of the Members of the committee, the Secretary of the Society shall convene a special meeting of the Committee within 7 days of the date of receipt of the requisition to discuss the matter mentioned in the requisition to discuss the matter mentioned in the requisition. Read More...
Bye Law No. 136. Minutes of Meetings | Records Minutes of meetings by Secretary: The Secretary of the Society shall attend every meeting of the committee and record its minutes and place the same for confirmation before the next meeting of the committee after the minutes are signed by the Secretary of the Society Read More...
Bye Law No. 137. Liability of Committee Members | Members of the Committee shall be jointly and severally responsible for all the decisions taken by the committee: The Members of the Committee shall be jointly and severally responsible for all the decisions taken by the committee during its term relating to the business of the Society. Read More...
Bye Law No. 138. Powers, duties and functions of Committee: Subject to the Bye-law No. 112 the Committee shall exercise the powers and discharge the functions and duties as mentioned hereunder. Read More...
Bye Law No. 139. The Chairman of the Society shall have the power of overall superintendence: The Chairman of the Society shall have the power of overall superintendence, control, and guidance in respect of the management of the affairs of the Society within the framework of the MCS Act 1960. Rule 1961 and the Bye-laws of the Society. Read More...
Bye Law No. 140. Functions of the Secretary of the Society | Responsibility of the Secretary in Housing Society: The functions of the Secretary of the Society shall be those mentioned as following. Read More...
Maintenance of books of accounts and registers ( Bye Law No. 141 to 147 )
Bye Law No. 141. Books of accounts, registers and other records to be maintained | The
Society shall maintain the following books of accounts, records and
Registers:
Society shall have to maintain following registers. Read More...
Bye Law No. 142. Important files which society must maintained | Other records to be maintained | The Society shall maintain separate files for the following subjects: Society shall have to maintain statuary register for members and property as following Read More...
Bye Law No. 143. Responsibility for maintaining records | Secretary responsibility is to maintain and keep up-to-date the Account Books and statuary Registers: Unless otherwise decided by the Committee, it shall be the responsibility of the Secretary of the Society to maintain and keep up-to-date the Account Books, Registers and other Records mentioned under the Bye-laws Nos. 141 and 142.Read More...
Bye Law No. 144. Limit for cash on hand | Petty cash (Cash in hand) should not exceeding Rs. 5,000:The Secretary of the Society or the paid employee, authorized by the Committee in that behalf, may retain in his personal custody, at the close of every day, a sum, not exceeding Rs. 5,000 Read More...
Bye Law No. 145. Limit for cash payments | Payments in excess of Rs.1500 shall be paid only crossed a/c payee's cheques: All payments in excess of Rs.1500/- (Rupees Fifteen Hundred) shall be made by means of crossed a/c payee's cheques. Read More...
Bye Law No. 146. Finalize the accounts | Filing of Annual Return | Finalize the accounts within 45 days of the close of every co-operative year: Within 45 days of the close of every co-operative year, the Secretary of the Society or any other person, authorized by the Committee in that behalf, shall finalize the accounts of the preceding co-operative year, prepare the Receipts and Payments Statement, the Income and Expenditure Statement for the said year and the Balance Sheet Read More...
Bye Law No. 147. Security by Employees | Every paid employee, holding any office in the Society and handling cash...: Every paid employee, holding any office in the Society and handling cash and/or securities of the Society, shall furnish such security, as is provided under Rule 107B of the MCS Rules 1961. Read More...
Appropriation of Profits ( Bye Law No. 148 )
Bye Law No. 148. Appropriation of Profit | Contributions to statutory reserve Fund | Distribution of remaining profit of the Society: After providing for the interest upon any loans and deposits and after making such other deductions as required under Section 65(1) and 66 of the MCS Act 1960 and Rule 49A of MCS Rules 1961 Read More...
To write of Irrecoverable dues ( Bye Law No. 149 & 150 )
Bye Law No. 149. Amount which could be written off: Subject to the Bye-law No. 150, the Society may write off Society's charges due from the Members, the expenses incurred on recovery thereof and the accumulated losses, which are certified as irrecoverable by the Statutory Auditor, appointed under section 81 of the Act. Read More...
Bye Law No. 150. Procedure for writing off amounts: The amounts mentioned in the Bye-law No. 149 shall not be written off unless: Read More...
Audit of accounts of the society ( Bye Law No. 151 to 153 )
Bye Law No. 151. Appointment of Auditor | Appointment of Internal Auditor | Appointment of Statutory Auditor: The Society shall appoint the Statutory Auditor in its General Body Meeting from the panel of Auditors approved by State Govt. and same Statutory Auditor shall not be appointed for more than two consecutive years. Read More...
Bye Law No. 152. Production of books and record for audit: The Secretary of the Society shall produce or cause to be produced all the books, registers, records before the Internal Auditor and the Statutory Auditor, in the office of the Society Read More...
Bye Law No. 153. Preparation of Audit rectification Report in form '0' :On receipt of the audit reports from the Statutory and Internal Auditors, the Secretary of the Society shall prepare draft audit rectification reports on the objections raised and suggestions made, in the Audit rectification Report in form '0' prescribed under Rule 73 of the MCS Rules 1961 Read More...
Conveyance of the property and repairs to and maintenance of the property (Bye Law No 154 to 161)
Bye Law No. 154. Finalization of deed of conveyance | Conveyance Deemed Conveyance of the property: The committee shall with the approval of General Body, take necessary steps for Conveyance/Deemed Conveyance of the land/building/buildings in favor of the Society. Read More...
Bye Law No. 155. Committee's responsibility to maintain the Society's Property | Redevelop the Society buildings/property if necessary: It shall be the responsibility of the Committee to maintain the property of the Society in good condition at all times Read more...
Bye Law No. 156. Inspect of Society's property for repairs | Inspect the property of the Society from time to time and make the report to the Committee: The Secretary of the Society, on receipt of any complaints about the maintenance of the property of the Society from any Members of the Society or on his own motion, shall inspect the property of the Society Read More...
Bye Law No. 157. Limits for expenses on repairs and maintenance by Committee | Committee expenditure limitation in a financial year: The Committee shall be competent to incur expenditure on the repairs and maintenance of the Society's property once in a financial year, read here the maximum limit for repair & maintenance Read More...
Bye Law No. 158. Work on repairs and redevelopment | The Committee shall proceed to carry out the repairs and maintenance: Subject to the provisions of the bye-law no. 156, the Committee shall proceed to carry out the construction, repairs, and maintenance of the property of the Society and Redevelopment of the Society buildings as per Govt Directives Read More...
Bye Law No. 159. Repairs at Society's cost | Repairs at Member's cost: The following repairs and maintenance of the property of the Society shall be carried out by the Society at its costs Read More...
Bye Law No. 160. Insurance | Emergency plans : The Society shall insure its building/s necessarily against risk of natural calamities, fire, flood, earthquake Read More...
Bye Law No. 161. Trees in the Society: No Member of the Society shall destroy, deface or cut down any trees in the compound of the Society. Any action, any contravention of the above provision may render the Member concerned liable for action. Read More...
Other miscellaneous matter ( Bye Law No. 162 to 171 )
Bye Law No. 162. Official Communication Mode | Mode of Services of Notice: It shall be open to the Society, having regard to the importance of the matter and the specific provision made thereof under the MCS Act1960, the MCS Rules1961 and the Bye-laws of the Society Read More...
Bye Law No. 163. Co-operative year | Accounting year of the Co-Operative Housing Society: The accounting year of the Society shall be that commencing on 1st April and ending on the 31st March of the subsequent year. Read More...
Bye Law No. 164. Notice Board: The Society shall have its Notice Board, fixed at a conspicuous part of the building/s, on which shall be exhibited all notices and communications referred to in the bye-law No.162 (a) Read More...
Bye Law No. 165. Penalties for breach of Bye -law: The meeting of the General Body of the Society may prescribe penalties for different breaches of the Bye-laws of the Society. The Secretary of the Society, under instructions from the Committee Read More...
Bye Law No. 166. Amendment to the bye-law of the Society: No bye-law shall be made, altered or abrogated unless Read More...
Bye Law No. 167. Regulation the facilities: The Committee shall regulate the operation of the lifts, solar water heaters taking into consideration the convenience of the majority of the Members of the Society. Read More...
Bye Law No. 168. Restriction on playing games in society: The meeting of the General Body of the Society may, after taking into consideration the location of the building or buildings of the Society and their surroundings and the open space available for playing games by the Members of the Society and their children Read More...
Bye Law No. 169. Encroachment of common area in housing society | Letting out common spaces | Penalties for encroachment of common spaces: The Society shall not let out or give on leave and license basis or permit any subletting, any open space available under the Staircases, Terraces/Open ground/Lawns/Club house/ Common Hall etc. to any person whether the Member of the Society or not, for any purpose whatsoever. Read More...
Bye Law No. 170. Temporary usage of terraces and open spaces by members: Notwithstanding the provisions under the Bye-law No. 169, the Committee may allow temporary use of the terrace or available open space of the Society's building by any Member, on his written application, for any function, subject to such restrictions and on payment of such charges to the Society Read More...
Bye Law No. 171. Fees for supply of copies of Documents | Charges which Members shall pay for copies of the documents: Charges which Members will have to for getting the documents Read More...
Redressal of members Complaints ( Bye Law No. 172 to 175 )
Bye Law No. 172. Complaints Application :Member/Members shall submit their complaint application to any of the Office Bearers of the Society, in writing, giving thereby the details of the complaint. Read More...
Bye Law No. 173. Committee shall Reply to Members complaint application within 15 days: After receipt of such, complaint application, the committee shall take the decision thereof, in the immediate next Managing Committee meeting. Read More...
Bye Law No. 174. Where to complainant against society committee if not satisfied by MC: If the Member/Members are not satisfied by the decision of the Committee, or does not receive any communication from the committee within 15 days, the complainant Member may approach below mentioned Competent Authority .Read More...
Bye Law No. 175. Redevelopment of buildings the Co-operative Housing Societies: Redevelopments of the Property / Building of the Society including vacant spaces shall be done strictly in accordance and confirmation with the Directions issued by the Government of Maharashtra Read More...
We follow and write bye-law from the official website please click the below link check and download the model bye-law in English or Marathi
सहकार आयुक्त आणि निबंधक, सहकारी संस्था
Free download society bye-laws Marathi pdf
Free download society bye-laws English pdf
.jpg)
.jpg)
