Salient features of New Model Bye-Law

By Advocate Vinod Sampat

Monthly reporting is expected on 5th of every month as regards the progress in the matter of adoption of new bye laws as per circular dated issued by the additional registrar. Initially the aim is on voluntary compliance of the bye laws by co-operative societies.

TENANT OWNERSHIP HOUSING SOCIETIES BYE LAWS are the bye laws where societies have been formed when land is purchased by the society and building has been constructed by the society. The same is appearing in Rule 10 Class 5, sub clause (a).of Maharashtra Co-operative Societies Rules 1961. Normally bunglow plots are governed by this type of bye laws. (Eg. JVPD Scheme at Juhu).

Additions/Amendments in Tenant Ownership Housing Societies bye law Nos. 1(b), 1(c), 2(b), 3(3), 3(8), 3(12), 3(21), 5(a), 6, 7, 13(a), 14(d), 17 (Note 3), 19(a)(4), 23, 27(d), 28, 29, 30, 34, 38(b), 38(c), 38(d), 41(6), 50(c), 71(a), 77(2), 78(b), 114, 115, 116(a),118(2), 118(6), 126(b), 128(1), 129, 139(16), 146, 149(b)(2), 158(e), 158(i), 161(b), 161(c), 161(d), 166, 171, 172 & 175,

TENANT CO-PARTNERSHIP HOUSING SOCIETIES BYE LAWS are the bye laws where societies have been formed when flats have been purchased by the flat purchasers from the builders. The same is appearing in Rule 10 Class 5, sub clause (b).

Additions/Amendments in proposed new 2009 bye law Nos. 1(b), 1(c), 2(b), 3(3), 3(6), 3(11), 5(a), 6, 7(u), 13(a), 17(Note 3), 19(a)(3), 19(a)(4), 19(a)(6), 23, 27(d), 28, 29, 30, 34, 38(b), 38(c), 41(5), 43(1), 50(6), 56(8), 70(b), 76, 81(10), 81(11), 90, 106, 107 (Note), 108(a), 110 (2), 110 (5), 118(a), 120(1), 121, 125, 138, 150(e), 150(i), 152(12), 152(13), 152(14), 153(b), 153(c), 153(d), 165(g)(b) & 166.

HIGHLIGHTS OF THE AMENDMENTS (BYE LAW REFERENCE IS OF FLAT OWNERS TYPE / TENANT CO-PARTNERSHIP)
Chief Promoters role to continue till the first special general body meeting. {Bye Law No. 3(3)}
Open terrace means a terrace to which all the members have access. {Bye Law No. 3(18)}
Recognizing the need of redevelopment and its impact with the passage of time
Linking rights of members to the number of flats. {Bye Law No. 7 (j)}
Giving papers to members within 15 days of request of the member. {Bye Law No. 23}
Specifying time limit for certain acts. {Bye Law Nos. 23, 27(d), 28, 29, 30, 38(c), 106, 165}
Nominee cannot create interest in favour of third parties without establishing the rights of the legal heirs. {Bye Law No. 34}
Submission of stamp duty and registration receipt at the time of transfer of flat. {Bye Law No. 41(5)}
Child labour prohibited from working in co-operative societies. {Bye Law Nos. 49(b) & 153(c)}
Dues of society can be recovered from the legal heirs of the deceased member and / or the occupant. {Bye Law No. 70(b)}
Structural audit to be done by structural engineer. {Bye Law No. 76}
Member will not have a right to sell the parking space which has not been purchased by him at the time of transfer of shares. {Bye Law No. 77}
Money of the society for day to day activities can be invested in scheduled co-operative bank or nationalised bank. Intimation of the same has to be given to the concerned registrar within 15 days from the date of opening of the bank account. {Bye Law No. 106}
If a lady member is not willing to be a managing committee member than the said vacancy can be filled by other male member. {Bye Law No. 107 (Note)}
If share capital of the society exceeds Rs. 10,000/- than voting has to be by secret ballot at the time of elections of the society. {Bye Law No. 108(a)}
If a candidate pays the society dues prior to scrutiny of nominations than the said candidate would be eligible to contest the elections. {Bye Law No.110}
No confidence motion cannot be moved within a period of six months from the date of moving the no confidence motion against the same office bearer if the earlier no confidence motion is rejected. {Bye Law No. 118(b)}
Casual vacancy can be filled not exceeding two seats. However the same will be done only with registrars consent. {Bye Law No. 121}
Amounts above Rs. 1,500/- should be by account payee cheque only. {Bye Law No. 138}
Honorarium that can be paid to office bearer not exceeding 15% of income or Rs. 2,000/- for each office bearer which ever is lower. {Bye Law No. 141(b)}
Repair contract upto Rs. 1,00,000/- can be decided by committee with a right to give increase by 10% in the contract allotted to the lowest tender. However in such cases committee will have to take the decision pertaining to quality of goods at its own risk. {Bye Law No. 150}
Every society will prepare disaster management plan which will include possibility and analysis of risks, stake with reference to the risks, responding mechanism to risk management. Important telephone numbers to be maintained by society which will include the telephone number of the members and the government officers concerned with emergency management. {Bye Law No. 153(b)}
Stringent provisions to ensure that the provisions of Child Labour Act 1986 to be implemented. The penalty as per law on the erring party is one year imprisonment or fine Rs. 20,000/-.
Intimation to police authorities, social organisations, labor commissioner. {Bye Law No. 153(c)}
To protect the interest of widows of the members by restricting the right of the nominee to deal with the property. {Bye Law No.153(d)}
Maximum penalty that can be levied cannot exceed Rs. 1,000/-{Bye Law No. 158}
If a member is aggrieved with any decision of the general body than the complainant must approach the advisory committee and if satisfactory decision is not received than only the complainant can lodge the complaint with the concerned authorities. {Bye Law No. 165}
Compliance of the terms and conditions of the circular dated 3/01/2009 with regards to redevelopment of the property. {Bye Law No. 166}