By Legal Bureau
“Bye-laws”:- means bye-laws registered under the Maharashtra Societies Act, 1960 for the time being in force and includes registered amendments of such bye-laws.
The bye-laws are meant for internal management of the society. The bye-laws of the society must be registered by the Registrar and it is binding on the society with the procedure. If the office bearers commits a breach of it on the ground that they were following a certain practice in the previous year and the society does not want to follow the new procedure prescribed by the bye-laws. It is necessary to change the procedure as earlier as possible the office bearers must take a step to amend it after passing and obtaining sanction of the Registrar.
Amendment of Bye- laws of the society:
It is the right of the Society to amend as well as to frame new bye-laws. However, any bye-laws that is proposed to be amended or is to be framed should not be against the provisions of the Maharashtra Co-Operative Societies Act, 1960 or Maharashtra Co-Operative Societies Rules, 1961.
As per the section 13 of the said Act no amendment of the bye-laws of a society shall be valid until registered. Every application for registration of an amendment of bye-laws shall be disposed of by the Registrar within a period of two months from the date of its receipt.
Procedure for amendment of Bye- laws:-
The Bye-laws of the Society can be amended by passing the Resolution in the General Body Meeting. The procedure is as under:-
a)The Resolution for amendment must be passed by 2/3 members who are present in the meeting.
b)The Resolution must be submitted to the Office of the Registrar within two months from the date of the meeting.
c)Following documents required at the time of application:
i.Copy of the relevant Bye-laws with the amendment/s proposed to be made in pursuance of the resolution together with reasons justifying the amendment.
ii.Four copies of the text of the Bye-laws as it will stand after amendment/s is/are signed by the office bearers duly authorized by the Managing Committee of the Society.
iii.A copy of the notice given to the members of the Society for the proposal to amend the Bye-laws.
d)On receipt of the above said information/s the Registrar shall normally dispose off the application within two months from the date of the receipt of the Application. If the Registrar is of the opinion that the proposed amendment may be accepted subject to any modification then he may suggest the modification to the Society. It may be emphasized that it is at the discretion of the Registrar to approve the amendment.
Power to direct amendment of bye-laws:
As per the Section 14 of the Maharashtra Co-Operative Societies Act, 1960,
1.If it appears to the Registrar that an amendment of the bye-laws of the society is necessary or desirable in the interest of such society, he may call upon the society, in the manner prescribed, to make the amendment within such time as he may specify.
2.If the society fails to make the amendment within the time specified, the Registrar may, after giving the society an opportunity of being heard and after consulting such State federal society as may be notified by the State Government, register such amendment and issue to the society a copy of such amendment and issue to the society a copy of such amendment certified by him. With the effect from the date of the registration of the amendment in the manner aforesaid, the bye-laws shall be deemed to have been duly amended accordingly; and the bye-laws as amended shall, subject to appeal (if any), binding on the society and its members.
Saptakala Real Estate Law Journal
Informative Articles
1) I live in Co-op. Housing Society and room is in my mother’s name so legally she is the member of society..so i want to ask if my mother executes power of attorney on my name to do all the work and to attend meeting of society can i question the rules framed by committee? 2)Further Can a Government Servant be in a post of chairman for 9 years without giving NOC from his job?3) Chairman of our society has given his room on rent, so how can he be in a chairman’s position where he is not residing in it? Though he got majority, still can i challange his post?4) Committee has framed rule that tenant shall not live in our society for more than 2 years and after living for two years they can never return to our society again?? Which kind of cruel rule is that? is this rule tenable in law??again thay got majority with them, but can i oppose?5) Chairman of our society being government servant is literally being arrogant to everyone and shows power of his post everytime and gives trouble?? what is the remedy against it?? 6)Once we youth got together and wrote letter to committee suggesting Water Saving in our society, but chairman slammed us and told us that you all dont have any powers you cannot write us any letters to us and you are not member?? so how to give suggesstions for betterment when nobody is listening to us?? 7) They are literally torturing us?? how to proceed??? Sir, kindly show remedy??
Question about society formation.
We have total 80 flats in 2 buildings 40 flats in each.
We want to make 2 separate societies for A & B wing. Is it Possible?
How the builder make sale did in case 2 societies formed?
Thanks in advance
Please reply.