MODEL BYE–LAWS OF COOPERATIVE HOUSING SOCIETY

(Tenant Co‐Partnership Housing Society)

Bye-Laws No.

Subject Matter of the Bye-Laws

I. PRELIMINARY

1 (a) Name of the Society
(b) Procedure of changing the name
(c) Classification
2 (a) Address of the Society
(b) Intimation of change in the address of the Society
(c) Procedure for changing the address of the Society
(d) Exhibition of the name Board

II. INTERPRETATIONS

3 Interpretations of the words and terms

III. AREA OF OPERATION

4 Area of operation of the Society

IV. OBJECTS

5 Objects of the Society

V. AFFILIATION

6 Affiliation of the Society to other co-op, Institutions

VI. FUNDS, THEIR UTILISATION AND INVESTMENT

(A) Raising of Funds

7 Different modes of raising the funds of the Society

(B) Share Capital

8 Authorised share capital of the Society
9 Issue of share certificates to the members of the Society
10 Society's seal and signatures of office-bearers on each share certificate

(C) Limit of Laibilities

11 Restrictions on incurring liabilities of the Society

(D) Constitution of the Reserve Fund

12 (i) How the Reserve Fund shall be constituted
(ii) Appropriation of the amounts to the Reserve Fund of the Society

(E) Creation of Other Funds

Other Funds to be created by the Society

13 (a) Creation of the Repairs and Maintenance Fund by the Society
(b) Creation of Major Fund by the Society
(c) Creation of the Sinking Fund by the Society
(d) Creation of Education and Training Fund

(F) Utilisation of Funds by the Society

14 (a) Utilisation of the Reserve Fund
(b) Utilisation of the Repairs and Maintenance Fund by the Society
(c) Utilisation of Sinking Fund
(d) Utilisation of Education & Training Fund

(G) Investment of Funds

15 Modes of investment of funds of the Society

VII. MEMBERS, THEIR RIGHTS, RESPONSIBILITY AND LIABILITIES

I. MEMBERSHIP

16

(A) Classes of Members

(B) Eligibility for Membership

17 (a) Eligibility of individuals for membership of the Society
(b) Eligibility of Minor or a person of unsound mind for membership of the society
(c) Admission of person to society's membership subject to the collector's approval
18 Eligibility of Corporate Bodies for membership of the Society

(C) Conditions of Membership

19 (a) Conditions for Individuals desiring to be members of the Society
(b) Conditions of associate membership of the Society
(c) Conditions of membership for bodies corporate desiring to become member of the Society
20 Conditions for nominal membership of the Society
21 Procedure for disposal of application for membership

II. RIGHTS AND DUTIES OF MEMBERS

22

(A) Rights of Members

(B) Getting Copy of the Bye-laws, Audit Report

23 Rights of inspection of documents and getting copies thereof
Inspection of Books of Records
Rights of inspection of documents and getting copies thereof

(C) Occupation of Flats

24 (a) Rights of Occupation of Flats

(D) Restrictions on Rights of Associate and Nominal Members

25 No rights of membership to an associate member except that under Section 27(2) of the Act
26 No right of membership to a nominal member

(E) Resignation of Membership

(1) Resignation by Member

27 (a) Notice of resignation of membership of the society
(b) Resignation not be accepted unless charges of the society are fully paid
(c) Communication of the amount of charges of the society outstanding to the member
(d) Acceptance of resignation where no charges of the society are outstanding
(e) Communication of reasons for rejection of resignation

(2) Resignation by an Associate Member

28 Resignation by an associate member

(3) Resignation by a Nominal Member, Occupying the flat on behalf of the Firm, Company or any other Body Corporate

29 Resignation by a Nominal Member, Occupying the flat on behalf of a firm, company or any other body corporate

(4) Resignation by a Nominal Member, who is Sub lettee Licensee, Caretaker, etc.

30 Resignation by a a sub-lettee, Licensee or Caretaker
31 Acquisition of shares and interest of the member in the capital / property of the Society

(F) Nominations by Members

32 Procedure for Nomination by a member and its revocation
33 Recording of Nomination or revocation of earlier nomination
34 Transfer of shares and interest of the deceased member in the capital / Property of the society to the nominee
35 Transfer of shares and interest of the deceased member in the capital / Property of the Society heir
36 Payment of the value of shares and interest of the deceased member, in the capital/property of the Society to the nominee/nominees
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

(G) Transfer of shares and interest in the Capital/ Property of the Society

38 (a) Notices of transfer of Shares and interest in the Capital/ Property of the Society
(b) Secretary to place such notice before next Committee Meeting
(c) Informing ineligibility within 8 days
(d) No Objection Certificate not required but if required may be issued within 1 month
(e) Documents to be submitted by the Transferor/Transferee
39 (a) Disposal of application for transfer of Shares and interest of the member in the capital/ property of the society
(b) 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
(c) When application for transfer of Shares and interest in the Capital/property of the Society, shall be deemed to have rejected
(d) Unauthorised transfer-null and void
40 Rights of membership, since when to be exercised by the transferee

(H) Exchange of Flats

41 Application for exercising of flats by the members of the Society
42 Disposal of application for exchange of flats by the members of the Society.

(I) Sub-letting etc. of Flats

43 (a) Sub-letting not permissible except under the Society's permission
(b) Application for getting permission to sub-let etc the flat
44 Restrictions on assignment of occupancy right in the flat

VIII. RESPONSIBILITY AND LIABILITIES OF MEMBERS

(A) Maintenance of Flats by Member

45 Flat to be kept clean
46 (a) Additions and alterations in a flat to be carried out with the Committee's permission
(b) Application for permission (and making additions and alterations in flat)
47 (a) Examinations of flats by Secretary and report about repairs to Flats
(b) Notice to the member about carrying out repair in his flat, by the Society at its cost
(c) Notice to the member for carrying out repairs to his flat at his cost
48 Restrictions on storing of certain goods
(a) Not to do anything in a flat causing inconvenience nuisance or annoyance to other members
(b) Committee to take action on complaints about violation of the provisions of bye-laws No. 50(a)

(B) Explusion of a Member

49 Grounds on which a member can be expelled
50 (a) Procedure for expulsion of member
(b) Forfeiture of shares of the expelled member
51 Effect of expulsion on membership of the society
52 Handling over vacant possession of the flat by the expelled member
53 Acquisition on the shares and interest of the expelled member
54 Eligibility of the expelled member for re-admission to membership of the Society

(C) Cessation of Membership

55 Circumstances under which the person shall cease to be a member of the society
56 Circumstances under which the person shall cease to be associate member
57 Circumstances under which the person occupying the flat onbehalf of the firm / company ceases to be the nominal Member
58 Circumstances under which a Sub lettee, licensee, caretaker ceases to be the nominal Member
59 Action by the Committee in the cease of cession of membership of the society

(D) Restrictions on Holding more than one flat

60 Holding of flats by member

(E) Liabilities of a Member and the Past Member

61 Liability limited to paid up shares amount
62 Liability of past and deceased member

(F) Other Matters

63 Disposal of application
64 Payment of the value of shares and interest of a member or past member of the Society

IX. LEVY OF CHARGES OF THE SOCIETY

65 Composition of the charges of the Society
66 Break-up of the services charges of the society
67 Sharing of the Society's charges by the members
68 Repairs and Maintenance to be carried out by the Society
69 Payment of the society's charges
70 Review of the cases of defaults in payment of the charges of the society
71 Interest on the defaulted charges

X. INCORPORATION OF DUTIES AND POWER OF THE SOCIETY

72 Incorporation
73 Common Seal
74 Charges and set off in respect of Shares and interest of a member of the Society
75 (a) Flat purchased is deemed to have been allotted
(b) Policy of Allotment of Flats
(c) Cancellation of allotment of Flats
(d) Handling over possession of Flats
(e) Change of user not permissible without the sanction the committee
76 Society to carry out Structural Audit
77 To obtain certificate of possession from the allottee
78 (a) Policy of allotment of parking slots
(b) Restriction on use of parking slots
79 Marking of parking spaces of stilts
80 Eligibility for allotment of stilts of parking slots
81 If more eligible Members and less Parking Slots
82 Applications for allotment of parking slots
83 Payment of charges for parking of vehicles
84 Parking of other vehicles

XI. GENERAL MEETINGS

(A) First General Meeting

85 Holding of the first General Meeting within the stipulated period
86 Calling the first general meeting by the Registering Authority
87 Period of notice for the first general meeting
88 (a) Functions of the first General Meeting
(b) Nomination of a provisional committee by the Registering Authority
89 Recording of minutes at the first General Meeting
90 Handing over records by the Chief Promoter of the Society
91 Powers of the Provisional Committee
92 Period of office of the Provisional Committee
93 Handing over charge by the Provisional Committee

(B) Annual General Body Meetings

94 Period within which annual general body meeting should be held
95 Functions of the annual general body meeting of the society

(C) Special General Body Meetings

96 When a Special General Meeting should be called
97 Fixing date, time and place for a Special General Meeting Requisitioned
98 Notice of a General Body Meeting
99 Period of notice of a general body meeting
100 Quorum for the General Body Meeting
101 Holding of the adjourned General Body Meeting
102 Postponement of the General Body Meeting which cannot complete the business on the Agenda
103 Chairman of the Society to preside over all General Body Meetings
104 Restrictions on attending a general body meeting by a proxy
105 Voting right of a Member
106 One Member One vote
107 How decisions shall be taken
108 Recording of the minutes of the general body meetings
109 Cancellation of the previous resolution of the general body meeting

XII. MANAGEMENT OF THE AFFAIRS OF THE SOCIETY

110 General body meeting to be the supreme authority
111 Management of the Society to vest in the Committee
112 Exercise of powers by the Committee
113 Opening of Banking Account
114 Strength of the Committee
115 Election of the Committee
116 Prohibition against being interested in the Society
117 Disqualification for being elected on the Committee
118 Constitution of the Committee
119 (a) Cessation of a Member of the Committee
(b) Intimation of Cessation of Membership of the Committee
120 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
121 Period of Office of the elected Committee
122 (a) First Meeting of new Committee
(b) Issue of notice of the first meeting of newly elected committee
123 Custody of the records of the Society
124 Handling over charge by the outgoing committee
125 Election of office bearers of the Society
126 Quorum must for Committee Meetings
127 Number of Committee Meetings to be held in a month
128 Casual Vacancies in the committee to be filled in by co-option
129 The Period of office of the member co-opted by the committee
130 Resignation of Committee Member of the Society
131 Resignation of office-bearer of the Committee
132 Notice of Meeting of the Committee
133 The chairman of the Society to preside over the Meetings of the Committee
134 One member One vote. Decision by Majority of the Committee
135 A Special meeting of the Committee at the Instance of the 1/3 rd members of the Committee or bye the Chairman
136 Attending meetings of the Committee and recording their minutes by the Secretary of the Society
137 Joint and several liability of the members of the Committee
138 Powers, function and duties of the committee
139 Power of the Chairman of the Society
140 Function of the Secretary

XIII. MAINTENANCE OF BOOKS OF ACCOUNT AND REGISTERS

141 Books of accounts, Registers and other Books to be maintained
142 Other records to be maintained separately
143 Secretary to maintain and keep upto date the Accounts Books etc
144 Limit for cash on Hand limit
145 Payment beyond certain Limit by Cheques
146 Finalization of Accounts
147 Security by the Employees

XIV. APPROPRIATION OF PROFITS

148 (a) Contribution to the Statutory Reserve Fund of the Society
(b) Distribution of the remaining profit of the society

XV. TO WRITE OF IRRECOVERABLE DUES

149 Amounts which could be written off:
150 Procedure to be followed before writing off any Account

XVI. AUDIT OF ACCOUNTS OF THE SOCIETY

151 Appointment of Auditors
152 Secretary to produce books, register, records etc. to Internal/Statutory Auditors
153 Preparation of Audit Rectification Report

XVII. CONVEYANCE OF THE PROPERTY AND REPAIR TO AND MAINTENANCE OF THE PROPERTY

154 (a) Necessary steps to Conveyance / Deemed conveyance
(b) Finalisation of Deed of Conveyance
(c) Execution of Deed of Conveyance
155 Committee's responsibility to maintain the Society's Property
156 Inspection of Society's property for repair
157 Committee to execute the repairs and maintenance of the property of the society
158 Work on Repairs and Redevelopment
159 (a) Various items of repairs and maintenance to be carried out by the society at its cost
(b) Repairs by the members at their cost
160 Building Insurance
161 Trees in the compound of the society

XVIII. OTHER MISCELLANEOUS MATTERS

162 Modes of communication of Notices, Resolutions, Decisions etc.
163 Accounting Year
164 Notice Board
165 Penalties for breaches
166 Alteration/Amendment of Bye Laws
167 Operation of Lifts, Solar Water Heaters etc.
168 Restriction on Playing Games
169 Prohibition on letting out open/common spaces
170 Temporary use of the Terrace/Open Space by any Member
171 Fees of supply of copies of the documents

XIX. REDRESSAL OF MEMBERS COMPLAINTS

172 Complaint application to be submitted to the Society
173 Committee's action on the Complaint Application
174 If the action is not taken within stipulated period by the society then to whom the complaint to be made
(a) The Registrar
(b) Co-Operative Court
(c) Civil Court
(d) Municipal Corporation/Local Authority
(e) Police
(f) General Body Meeting
(g) Federation - District / State

XIX. REGARDING REDEVELOPMENT OF BUILDING THE CO-OPERATIVE HOUSING SOCIETIES

175 Redevelopment of the Property/Building of the Society
(a) Redevelopment strictly as per Directives dated 3rd January, 2009
(b) If the Development Agreement is not executed with the developer
(c) Increasing Authorised Share Capital if member are increased after Redevelopment
(c) Increasing Authorised Share Capital if member are increased after Redevelopment

INDEX OF LIST OF APPENDIX WITH HOUSING SOCIETIES BYE LAWS

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