Bye Laws | The Society Consultants

I. PRELIMINARY

Bye-law No. 1 to 2

1. Name and Classification of the Society

a. The name of the Society shall be __________________________.

b. Any change in the name shall follow Section 15 of the Act and Rule 14 of the Rules.

c. The Society is classified under the major class "Housing" and subclass "Tenant Ownership / Tenant Co-partnership / Other Housing Society."

2. Registered Address

a. The registered address of the Society shall be __________________________.

b. The correspondence address may differ and shall be decided by the Managing Committee.

c. Any change in address must be reported to the Registrar within 30 days.

d. The new address must also be displayed on a nameplate at the main entrance.

II. INTERPRETATIONS

Bye-law No. 3

This section provides definitions of key terms used in the bye-laws.

Examples:

“Act” refers to the Maharashtra Co-operative Societies Act, 1960.
“Flat” means any self-contained premises including shops, garages, clinics, etc.
“Member” includes active, associate, and nominal members.

III. AREA OF OPERATION

Bye-law No. 4

The area of operation of the society shall be confined to the area in which it is registered.

📌 Note: The area can be expanded with Registrar approval under Rule 12.

IV. OBJECTS

Bye-law No. 5

The objects of the Society are:

To obtain land, construct or purchase buildings/flats for residential use.
To allot flats to its members for occupation.
To manage and maintain the property of the Society.
To raise necessary funds and maintain reserves for repairs, maintenance, and improvements.
To undertake welfare activities for members.
To ensure compliance with laws applicable to housing societies.

V. AFFILIATION

Bye-law No. 6

a. The Society shall affiliate with the housing federation as decided by the General Body.

b. The Society shall pay annual subscription as fixed by the affiliated federation.

c. Any changes in affiliation must be approved by the General Body and reported to the Registrar.

VI. FUNDS, THEIR UTILISATION AND INVESTMENT

Bye-law No. 7 to 14

7. Raising of Funds:

The Society may raise funds through:

Share capital
Entrance fees
Loans from members or financial institutions
Deposits from members
Reserve funds, donations, or other lawful sources

8. Share Capital:

The authorized share capital shall be Rs. 500 per member, divided into 10 shares of Rs. 50 each.

9. Limit of Liability:

The liability of each member shall be limited to the value of shares held.

10. Reserve Fund:

At least 25% of net profits each year shall be transferred to the Reserve Fund.

11. Common Amenities Fund:

The Society may create a fund for repairs and maintenance of common areas and assets.

12. Education and Training Fund:

Every society shall allocate Rs. 1 per member per month (or Rs. 12/year) to the Co-operative Education and Training Fund.

13. Use of Funds:

All society funds shall be used strictly for its objectives and maintenance of the property.

14. Investment of Funds:

Funds not immediately required may be invested as per Rule 53 of the Maharashtra Co-operative Societies Rules, 1961.

VII. MEMBERS, THEIR RIGHTS, RESPONSIBILITIES AND LIABILITIES

Bye-law No. 15 to 27

15. Eligibility for Membership:

Any individual capable of entering into a contract, owning a flat, and not a member of another housing society in the area is eligible.

16. Admission:

Applications must be submitted in writing and approved by the Managing Committee.

17. Disqualification:

A person will be disqualified from membership if they:

Violate bye-laws
Don’t occupy the flat
Fail to pay dues within 3 months
Are convicted for criminal offense involving moral turpitude

18. Associate Membership:

A person can become an associate member jointly with the original member (usually family), with the original member’s written consent.

19. Nominal Membership:

Such members are admitted temporarily and have no voting or ownership rights.

20. Application Process:

Applicants must submit prescribed forms, copies of purchase agreement, and entry fee.

21. Entrance Fee:

An entrance fee of Rs. 100 is payable at the time of admission.

22. Share Purchase:

Members must purchase the required number of shares within 60 days of admission.

23. Rights of Members:

Include attending general meetings, voting, contesting elections, inspecting records, etc.

24. Responsibilities:

Members must follow the bye-laws, pay dues on time, and maintain discipline.

25. Cessation of Membership:

Membership ceases on death, resignation, expulsion, or transfer of all shares.

26. Resignation:

Resignation must be submitted in writing and approved by the Committee.

27. Expulsion:

Members can be expelled for persistent violations or causing harm to the Society. A resolution must be passed by 3/4th majority.

VIII. RESPONSIBILITIES AND LIABILITIES OF MEMBERS

Bye-law No. 28 to 41

28. Authority of General Body:

The General Body is the highest authority in the society. All major decisions must be ratified here.

29. Annual General Body Meeting (AGM):

Must be held before 30th September every year.

30. Notice of Meeting:

Minimum 14 days’ notice to all members.

31. Agenda Includes:

Approval of accounts
Budget for next year
Appointment of auditors
Elections (if due)
Any statutory decisions

32. Special General Body Meeting (SGM):

Can be called by the committee or upon requisition by 1/5th of members.

33. Quorum:

AGM: 2/5th of total members
SGM: Same unless specified
If quorum is not met, meeting is adjourned and held with present members after 30 minutes.

34. Resolutions:

Simple majority needed unless otherwise mentioned. Resolutions must be recorded in minutes and communicated to members.

35–41. Procedure, Attendance, and Compliance:

Attendance must be recorded. Minutes must be signed and retained. Registrar must be informed of AGM outcomes.

IX. LEVY OF CHARGES OF THE SOCIETY

Bye-law No. 42 to 56

42. Society Charges Include:

Property Tax
Water Charges
Electricity for Common Areas
Repair Fund
Maintenance & Service Charges
Sinking Fund
Insurance Premium
Non-Occupancy Charges
Parking Charges
Lease Rent (if applicable)

43. Repair & Maintenance:

To be calculated per flat or per sq. ft. as per society resolution.

44. Sinking Fund:

Minimum 0.25% of construction cost annually per flat.

45. Insurance:

Society must insure building(s) for fire, earthquake, etc.

46. Parking Charges:

Allocated as per society’s parking policy and as per rules.

47. Penalties for Default:

Interest on unpaid dues up to 21% p.a. (as per AGM approval).

48. Special Assessments:

For major repairs, improvements or redevelopment; must be approved by GBM.

49–56. Billing and Payment:

Invoices must be issued monthly. Due dates and penalties must be clearly mentioned. Auditable records to be maintained.

X. INCORPORATION, DUTIES AND POWERS OF THE SOCIETY

Bye-law No. 57 to 74

57. Composition:

Minimum 5, maximum 21 elected members. Representation for women and SC/ST as per rules.

58. Term:

Committee term is 5 years.

59. Eligibility:

Member must have no dues, must attend GBMs, and not be involved in litigation against the society.

60. Disqualifications Include:

Non-payment of dues
Conviction in court
Conflict of interest
Misuse of position

61. Powers of Committee:

Manage day-to-day affairs
Appoint staff
Approve expenses
Enforce rules and regulations
Maintain accounts and records

62. Committee Meetings:

To be held at least once a month. Quorum is 2/3rd of total members.

63–74. Vacancies, Resignations, and Elections:

Vacant seats may be filled via by-elections or co-option. Election process must follow State Co-op Election Authority norms.

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