housing society हाउसिंग सोसायटी: ByeLaws

The Cooperative Housing Society Federation LTD Bye-Laws Sample:

By Adv. Santosh Singh

E-mail: santoshs_1975@yahoo.com

OBJECTIVE OF The Cooperative Housing Society Federation LTD Bye-Laws:

The objective of The Cooperative Housing Society Federation Bye-Laws is useful for general and common, apart from the Co-operative Housing Society Bye-laws. This Bye-laws have been broader scope for the purpose of conducting several social activities below one umbrella.

It provides and facilitate group of various societies usually in that complex, where different society is situated. Thus it require to the Federation of all buildings to carry out the common work for the general people residing in the society such as to provide street light, common main roads, drainage system, infrastructure project, redevelopments, conveyance and all such securities and its maintenance. It’s main object to bring the common man residing in the society at one platform to celebrate the various cultural festivals on different occasion to celebrate in peaceful manners by way of showing their unity in the complex of the building.

The Society Bye-laws having object to maintain rules and regulations, within the housing society of the building. However the Federation Bye-laws having wider scope with society cannot work to that extent. So that the Federation of all the society within the complex of the building is necessary to be form so that the common work can be possible by way of making each society buildings promoters coming together jointly to form the Federation of the all society buildings within the buildings.

The Cooperative Housing Society Federation Bye-Laws is to be created on its own depend upon the activities and the work involved in the complex of the society and therefore based upon the necessity the aims and objects and function can be distinguished and therefore looking the requirement of common man this Federation Bye-laws is created looking the several difficulties faces by the members within the complex of the building and society is helpless to monitor as well as provide much facilities to them. The Cooperative Housing Society Federation Bye-Laws is helpful to all and thus this can be benefitted to many persons residing in the society, which is the basic object for Formation of Federation of the Housing society.

> Sample of Registration Certificate of The Cooperative Housing Society Federation LTD:

>Documents Required for Formation of Federation of The Co-operative Housing Society:

The Cooperative Housing Society Federation LTD Bye-Laws Sample:

NAME AND ADDRESS OF PROPOSED FEDERATION THE CO-OPERATIVE HOUSING SOCIETY (SELF DECIDE BY SOCIETY)

ANNEXURE – IV STATEMENT “B”

INFORMATION ABOUT FEDERATION

1) Sub-classification of the Proposed General Federation requested for Federation.

2) Detail of Land

Whether Agricultural or Non- Agricultural Non – Agricultural.

3) Location Survey Nos. XYZ

Plots Nos. etc. XYZ

4) Whether Lease- hold or Freehold Freehold or Lease

5) Name & Address of Vendor N. A.

6) Existing Structure Area Infrastructure viz Road’s storm water. Drains, street lights water lines Fire Hydrants and Sewerage system and redevelopment and conveyance of societies, security social activies and religious function of several nature in many ways. etc.

7) No. of Promoters 11 ( )

(Chief Promoters)

NAME AND ADDRESS OF PROPOSED FEDERATION THE CO-OPERATIVE HOUSING SOCIETY

ANNEXURE – V STATEMENT “A”

ENCLOSURE TO APPLICATION FOR REGISTRAION

SR.

NO.

Full Name of the Promoters

Share Entrance

Capital Fees

Signature Seal of Societies

01.

XYZ BLDG. No 49 CHS LTD.

1000

100

02. XYZ BLDG. No 51 CHS LTD 1000 100

03. XYZ BLDG. No 52 CHS LTD. 1000 100

04. XYZ BLDG. No 53 CHS LTD 1000 100

05 XYZ BLDG. No 54 CHS LTD, 1000 100

06 XYZ BLDG. No 80 CHS LTD, 1000 100

07 XYZ BLDG. No 81 CHS LTD, 1000 100

08 XYZ BLDG. No 82 CHS LTD, 1000 100

09 XYZ BLDG. No 83 CHS LTD, 1000 100

10 XYZ BLDG. No 84 CHS LTD, 1000 100

11 XYZ BLDG. No 86 CHS LTD, 1000 100

NAME AND ADDRESS OF PROPOSED FEDERATION OF THE CO-OPERATIVE HOUSING SOCIETY

I) NOMENCLATURE

1) The Federation shall be called the “XYZ HOUSING SOCIETIES FEDRATION LTD. WITH DETAIL ADDRESS.

2) The registered address of federation of hosing society situated at XYZ bldg. WITH DETAIL ADDRESS. however if any change in the address shall be communicated to the Registrar and the members within 30 days of such change to the registrar office (Where society is situated).

3) The area of operation of the Federation shall be the land falling under the land and building at Location Survey Nos.151, Part 152 ,155 and 156 Plots Nos.49,51,52, 53, 54 ,80 81,82 83 ,84 and 86 at xyz Complex at xyz place (write address) (herein after for brevity’s sake referred to as the said Layout).

II) OBJECTS OF THE FEDERATION

4) The objects of the Federation shall be :

a) To secure management, maintenance and up-keep of common amenities viz internal Roads, storm water drains, street lights, sewerage lines, water supply mains, fire hydrants, Recreation Ground redevelopment and conveyance of societies, security

social activities and religious function of several nature in different form etc.

b) To manage, maintain, administer and improve for the benefit of the Federation and its Members, Common Areas Services and Assests in the said Layout, their Maintenance Including Roads Street lights, Surface, Drainage, cleaning sweeping, Maintenance of common Areas, up-keep of Recreation grounds, maintenance of sewer mains, water supply lines, Fire Hydrants and other areas adjacent to the Layout and more specifically Survey Nos..151, Part 152 ,155 and 156 Plots Nos. 49,51,52,53,54,80 81,82 83 ,84 and 86 at xyz Complex mention detail address .

c) To tackle common problems of maintenance of internal roads, drainage lines, street lights, water supply and electric supply, common recreation areas, gardens and to attend the common problems of the Federation members, and to co-operate in every respect in completion of redevelopment of the plots and the infrastructural works and ensure that no obstruction is caused in any manner and rebuilt the all plot holder land and building in accordance with the development policy of the Government of Maharashtra .

d) To carry on and conduct such, activities and functions and duties and exercise such powers and authorities as may be entrusted by the State Government local body (s), local authorities and the Registrar under the statutory provision.

e) To arrange for purchase in bulk or indent for the benefit of members and for supply of materials, product and things required by the members of Federation and/or for common

Amenities and maintenance undertaking and/or the use of the Federation Members.

f) To carry out the objects in clause (b), (c) and (d) of these Bye- laws with the financial assistance obtain from Government

/local Bodies and or Local authorities or any financing agency or from the Federation Members.

g) To advise, guide and assist, Federation Members in the matter of maintenance of buildings other assets and common amenities.

h.) To convene periodical meeting and conferences of Federation Members for the promotion of the primary objects of the Federation.

I) To frame service and conduct rules and regulations with the approval of the General body meeting and the Registrar to establish provident Fund. Gratualy Fund etc., for the benefit of the employees of the Federation.

J) To adopt extension – approach, and conciliatory principal in a positive manner to solve all issues and advise, guide and help Federation members in their day-to-day affairs and legal and technical matters.

k) To, organize social, cultural, health and educational activities and observe and celebrate Republic Day/ Independence Day, organize sports, competition, festivals and other events of general interest and for the welfare of the residence of the layout to promote a feeling of community living, peace and tranquility.

L) To arrange security measures both for protection of the property and assets of the Federation and / or of the Federation members as well as for the safety protection of the property and life and limbs of the residents of the layout.

M) To render health and medical aid or relief such as organizing blood donation camps, eye camps, yoga classes, medical check-up camps etc., for the residence and /or the employees of the Federation through medical experts.

N) To raise funds by collecting subscriptions, donations organizing programs of music, dance, dramas, events, funfair, games, festivals and other kind of events for the benefit of the Federation.

O) To plant trees, maintain and develop garden and greenery in and around the premises in the area of operation of the Federation.

p) To foster the habit of cleanliness in the layout.

Q) To, regulate and control, regularize the entry of hawkers, cable / multimedia / TV and or any other operators/ suppliers and /or BSNL employees, Gas suppliers, extra water supply from local body of any others service providers in the Layout, or any body intending to carry out sale of articles, commodities door to door or along the main road approach road or open places except when such persons are authorized to enter the layout by obtaining Entry pass from the Federation against payment of prescribed fees or otherwise.

R) To stop any nuisance caused in any manner in the said Layout which is inconvenient to the residents or employees of the Federation;

S) To check/stop any activity / activities causing disturbance, nuisance and hindrance to the peaceful atmosphere in the said layout.

T) To promote, develop and/or enforce civic sense, discipline amongst the employees’ members of the Federation and the residents enhancing their dignity, moral and social status and for the purpose of maintaining co-operative living.

U) To manage the layout on the basis of modern Management and Technique of Advance locality Management, including handing and Management of garbage, refuse, rubbish and waste by means of vermi -culture and /or any other manner.

V) To run educational and cultural programmed, medical aid and facilities in the said layout.

W) AND GENERALLY, do all the acts deeds and things which may be necessary to promote the objects and purpose hereinabove mentioned. And to do all the things necessary or expedient for the achievement of the objectives of the Federation. The Federation shall not act beyond the scope of its objects without the previous approval in writing from the Registrar.

III) MEMBERSHIP

5) i) A representative nominated by Developer or Builder name. Corporation. Developers & Builders (the owners of the layout) shall be always be a permanent member of the Federation.

ii) All plot holder/ owners including Co-operative Housing

/premises Societies, Corporate Bodies, Companies, Association of persons and individual plot owners having plot by way of Conveyance / agreement, Development rights, Assignees or Beneficiary of the building Constructed or to be constructed on such plots in the said layout shall be eligible for membership of the Federation. However only one member shall be allowed membership per plot/ per co-operative Society/ Company / Associates or persons, to represent the whole building.

6) Nominal, Sympathizers and Associates members can also be admitted as a member subject to the conditions that numbers of such members shall not exceed more than 10% of the total membership.

7) The Members of the Federation shall be collectively termed as “Federation Members”

8) a) ALL THE CO-OPERATIVE HOUSING SOCIETIES participated in the federation of the scheme shall act in better interest for welfare of society. The General Body of the Societies shall pass a resolution to become member of the Federation and acquire requisite number of shares. The Managing Committee of the Society shall nominate one member from their Committee Society to represent the Society on the Federation by passing a specific resolution to that effect and each such nominated member

on acceptance by the Managing Committee of the Federation shall be called “Representative Member”,

b) CORPORATE BODY AND /OR COMPANY: - The Board of Directors shall pass a resolution to become member of the Federation and acquire requisite number of the shares. The Board of Directors shall also resolve to nominate one representative, of their organization to represent the Corporate Body /company on the Federation on admission by the Managing Committee of the Federation such nominated person shall be called “Representative Member”

C) ASSOCIATION OF PERSONS: - The Association shall nominate a person from amongst them-selves to represent them in the Federation. Such a proposal to be signed by the rest of the persons of the Association and such nominated member on acceptance by the Managing Committee of the Federation shall be called Representative member.

D) DEVELOPERS: - If the Developers is an individual he can join as a member and if it is a firm, it will nominate a person to the Federation and on acceptance of such nomination by the Managing Committee of the Federation such nominee shall be called Representative Member.

E) INDIVIDUALS/ PROPRIATORS: - who are owners of the plot shall make the application to become the member of the Federation personally in their name and on acceptance of the same by the Managing Committee of the Federation shall be called a Members.

F) JOINT OWNERS / HOLDERS OF THE PLOTS: - shall make application to become member of the Federation nominating

one of the Co-owner / holders as their representative supported by consent letter from each of the other co-owners/holders. On acceptance of such nomination by the Managing Committee of the Federation such nominee shall be called as representative Member.

SUBJECT HOWEVER TO THE CONTIDION THAT ALL SUCH ADMISSIONS OF THE MEMBERS SHALL HAVE TO RETIFIED AND AUTHANTICATED BY THE GENERAL BODY

9) Each Application for Membership of the Federation Shall be in Writing on the prescribed form. In case of Co-operative Housing Societies such application shall be supported by a resolution passed in the General body meeting and a resolution passed in its Managing Committee signed by the Chairman and the Secretary of the Society authorizing a representative. Corporate Bodies and Company shall pass a resolution in the Board of Directors and give certified copy thereof singed by the appropriate authority of the corporate body or the company as the case may be.

10) For each cooperative Housing Society formed on one or more subdivided plots, each plot owner/ holder, each Corporate Body/ Company, Developers, Association or person or Beneficiaries or owner / holder of the plot/plots there shall be one Federation membership for each building, for which taxes and maintenance charges are payable. The owners/holders of individual plots responsible for paying taxes and maintenance charges shall be entitle to become federation Member.

11) All application for the membership shall be scrutinized by the Managing Committee of the Federation and shall be placed for Approval / Ratification before the General Body. On whose approval the applicant shall become member of the Federation.

12) A Representative Member shall cease to be a Member of the Federation on cessation of membership of the member Society as specified under

section 25 of M.C.S. Act,1960 and/or on cessation of his authority from the corporate Body / Company Association of person Joint / Individual plot Holders/ Owners or if he/she is called back by the constituent member.

13) A Representative Member who desired to resign from the membership of the Federation shall do through constituents’ member of the Federation to which he/she belong, he/her desire in writing to the Secretary of the Federation and his/her resignation to be accepted / ratified by the General body of the Federation shall cease to be a Representative Member and his/her name will be removed from the list of representative Members.

14) Every Representative Member shall furnish the address and telephone No. on which notices and communication may be sent and every notice dispatched by post Under Certification of Posting or left at such address or delivered to him personally or message given shall be deemed to have been duly served on the Federation Member.

15.) Every Representative Member shall have one vote only as a member of the Federation which shall be exercised by him personally and not by proxy.

16) (a) There shall be an entrance fee of Rs. 100/- payable along with the application for membership.

(b) Each Federation Member shall hold at least five Shares of Rs. 100/- each in the Federation.

17) a) A Federation Member can be expelled from the membership of the Federation if such a member;

1) Has failed to pay the dues and charges of the Federation continuously for six months (two quarters) or delayed payment for more than six months.

2) Has Committee breach of any of the provisions of the Bye- laws of the Federation and did not rectify the breach within 15 days of the notice given.

3) Has failed to abide by the decisions of the Managing Committee / General Body of the Federation.

b) The member, duly expelled form the membership shall cease to enjoy the rights and privileges of the Federation.

C) The decision of the Managing Committee for expulsion shall be put up to the General Body and concurred by ¾ majority shall be final.

d) A representative Member of the Federation may be called back by such federation Members on their own or if requested by the Federation by a vote of not less than three fifth of the Representative Members present and voting at a General Body meeting of the Federation on a motion that in the opinion of the Federation such person.

i) Has been abstaining from the deliberations for more then three meeting, or

ii) Has been legally disabled, or

iii) Has been criminally convicted of an offence involving moral turpitude, or

iv) Has intentionally done any act deed of thing that is likely to injure credit or image of the Federation;

v) Has been declared Bankrupt.

e) The Committee shall give the Federation Members 30 days notice to call back their Representative Member.

IV) GENERAL BODY OF THE FEDERATION

18) The General Body of the Federation shall consist of the Representative Members (see Bye-laws 5 to 10 of The General Body of the Federation shall consist of the Membership).

V) FIRST GENERAL BODY MEETING

19) The First General Body Meeting of the Federation, shall be called by the Chief Promoter who had signed the application for registration of the Federation and shall be held within a period of 3 months of the date of registration of the Federation, as provided under Rule 59 of the Maharashtra Co-operative Societies Rules. It shall be the responsibility of the Chief Promoter of the Federation to convene the said meeting within the stipulated period.

20) On failure of the Chief Promoter to hold the First General Body Meeting, within the period mentioned in Bye-law No.19 the Registering Authority shall cause such a meeting to be convened.

21) Fourteen clear days’ notice for calling the first General Body Meeting shall be given by the Chief Promoters or by the officers authorized by the registering Authority as the case may be, to all the promoters who have signed the application for registration;

22) The business to be transected in the First General Body Meeting of the Federation shall be as under: -

i) To elect a president for the meeting.

ii) To admit Members to membership (other than Promoters).

iii) To elect a Provisional Managing Committee from amongst the representative Members.

iv) To received and approve and adopt the Statement of Accounts as prepared by the chief Promoter up to fourteen days prior to the date of the first General Body Meeting.

v) To fix the limit up to which Funds may be raised;

vi) To appoint internal auditor, if necessary;

vii) To authorized the Members of the provisional Managing Committee to call the meeting of the members of the provisional Managing Committee of the Federation elect office bearers.

viii) To consider any other matter brought before the meeting with the permission of the chair.

23) Where the first General Body Meeting fails to elect a Provisional Managing Committee, the Registering Authority shall be competent to nominate such a Committee including the Chairman, Secretary Treasurer for the period till duly elected Committee is formed but nor exceeding for a period of three years.

24) The person, who presides over the first General Body Meeting, shall record the minutes of the meeting sign the same and hand over to the Secretary elected at the first meeting of the Provisional Managing Committee.

25) The Provisional Committee shall be in office for a period of one years or till duly elected Committee enter upon office, whichever is earlier.

26) The provisional Managing Committee shall have the same power and function as the Committee duly elected in accordance with the Bye-laws. The Provisional Committee shall arrange to hold election of the Managing Committee in accordance with the election rules approved by the Registering Authority.

VI- GENERAL BODY MEETING:

27) The Annual General Body Meeting of the Federation shall be held on or before 30 Sept and till further extension of three month or within the extended period each year as provided under Section 75(1) of the Maharashtra o-operative Societies Act., 1960 it shall transect the following business;

i) To read and confirm the Minutes of the last Annual General Body Meeting as also the Minutes of other special General Body Meeting held, if any and to inform about the action taken thereon.

ii) To receive, consider and adopt the Committee report on the working of the Federation together with Statement of Accounts showing the incomeand Expenditure and Balance Sheet for that year.

iii) To consider the Audit Membership, if any, received from the Auditor for the previous year along with the Audit Rectification Report.

iv) To appoint Auditor’s for the statutory audit and fix remuneration for, such auditor;

v) To approve the Budget estimate for the ensuing year.

vi) To admit new Members if any

vii) To accept resignation if any;

viii) To accept and ratify substitution of representative members.

ix) To elect Member to the Managing Committee for the ensuing year, if any and declare result thereof;

x) To consider, add, amend, alter modify or rescind the Bye-laws.

xi) To consider any other business laid before it by the Committee for which notice shall have been given by any Federation Member to the Committee not less than five days before such meeting.

28) At a General Body meeting all issues, item and question shall be decided by a simple majority of such Representative Members present and voting. The voting being by show of hands, where each Representative Member shall have one vote. The Chairman shall have a casting vote in addition to his ordinary vote. If on or before the declaration of the result of the voting one/third of the members demand ballot, vote by ballot shall be at once arranged.

29) A special General Body Meeting shall be convened at any time by the Secretary at the instance of the Chairman or by the decision of the Committee or upon the requisition signed by one –fourth of the Representative Members or under order of the Registration and shall be held as soon s possible but nor later than one month from the date of the receipt of such order or requisition.

30) A special General Body Meeting shall not transect any business other than that is mentioned in the notice convening the meeting.

VII) PROCEEDINGS AT GENERAL BODY MEETING ;

31) A notice convening any General Body meeting shall be issued by the Secretary Stating the business to be transected and the time and venue of the Meeting and shall be delivered to all the members and Representative Member. In case of an Annual General Body Meeting, at least Fourteen days clear notice and in case of Special General Body Meeting five days clear notice, before the meeting, shall be given, in the case of an emergency a special General body meeting may be called if the Committee so desires for which a shorter notice of not less than three days

shall be given. No. General Body Meeting shall be invalidated because of non-receipt of the notice of all General Body meeting shall be sent to the co-op. Registrar also;

32) No business shall be transected at any General Body Meeting except at the adjourned meeting, unless a requisite quorum of members is present at the time when the meeting proceeds to business. Quorum for any General Body Meeting shall be one third of the total membership of the Federation of 11 members whichever is less.

33) If within half an hour after the time appointed for the meeting there is no quorum, the meeting if convented upon the requisition of the members, shall be dissolved. In any other case, it shall be adjourned to a later hour on the same day as any have been specified in the notice calling the meeting or to a subsequent date not earlier than seven days at the same time and place as is mentioned in the notice and the Members shall be competent to transect business irrespective of the quorum, at such adjourned meeting.

34) The Chairman or in his/her absence the Secretary of the Federation shall preside at the General Body Meeting. If both are absent or unwilling to preside, the Representative Members present shall elect a person from amongst them-selves to preside over the meeting.

35) If all the business on the agenda connotes be transected on the date on which the General Body Meeting is held, the Chairman may, with the consent of the Representative Members present adjourn the meeting to any other suitable date not later than thirty (30) days from the date of the meeting as may be decided by the Representative Members present at the meeting. The adjourned meeting shall transact only that business which remained unfinished at the original meeting.

36) No resolution passed at any meeting of the General Body shall be altered or cancelled for a period of six months except with the support of three – fourths (3/4) of the Representative Members present in person and entitled to vote at the meeting convened for the purpose. Similarly, no resolution can be brought before a General Body Meeting disturbing the election of the Managing Committee Members within six months of the date of such election.

37) Each representative member shall have one vote as a member of the Federation, to be exercised personally and not by proxy.

VIII) MANAGING OF THE AFFAIRS OF THE FEDERAION ;

38) Subject to the provision of the Maharashtra co-op. Society Act Rules & Bye-laws of the Federation the General Body shall be the supreme and final authority of the Federation and the Management of the Federation shall vest in the Managing Committee.

39) The Managing Committee of the Federation shall consist of not less than five (11) and not more than thirteen (13) Members elected by the General Body from amongst the Representative member. In the event of causal vacancies in the committee, the Managing Committee may fill such vacancies by co-option.

40) No person shall be eligible for being elected as a Member of the committee or co-option on the Committee if ;

i) He is not a Federation Member or Representative Member;

ii) He is in default in respect of any dues for more than 180 (one hundred and eighty) days on the date of filing his nomination as a Representative Member of the Federation Member;

iii) He has been convicted of an offence, involving moral turpitude, unless period of six years has elapsed since his conviction.

iv) He has been held responsible under Section 79 or Section 88 of the Act or has been held responsible for payment of costs of enquiry under Section 85 of the Act.

41) A) A person shall cease to be a member of the Managing Committee if;

i) He has incurred disqualification mentioned in Bye-laws 39.

ii) He has failed to attend any three consecutive meeting of the Committee, without leave of absence.

iii) He has been recalled by the Federation Member

iv) A Representative Member cane be removed from the Managing Committee by serving a Notice on him to that effect and giving him not less than Ten (10) days to make a representative After considering such representation, if any, received from the Federation Member which he represents and by passing a resolution to that effect by three-fourth (3/4) of the Members present and voting at the meeting or the Federation.

(B) No Representative Member of the Federation shall have the right to vote on a resolution where such Representative Member and or Federation Member has any interest directly or indirectly in respect of;

i) Any contract made with the Federation;

ii) Any sale or purchase by the Federation;

iii) Any other transaction of the Federation;

42) Election of the Members of the Managing Committee shall be held once in three (3) years and or further extension subject to AGM in witting in accordance with the Election Rules appended to these Bye- laws in Annexure –I.

43) Causal vacancies in the Managing Committee may be filled by the Managing Committee by co-option. It is incumbent on the Managing Committee to fill-in casual vacancies unless there is a justifiable reason why such a vacancy should not be filled immediately. A member appointed in a casual vacancy shall hold the post in the Managing committee till the next Annual General Body meeting.

44) The Managing Committee shall elect a chairman, Secretary, and Treasurer in the first meeting held after the Annual General Body Meeting, once in three years (3) or till further period of extension No member can serve on the committee, either as an office bear or an Ordinary Member or both or more than three years or till further time unless such a member is re-elected on the Committee in a General Body Meeting.

45) In case the strength of the Managing Committee is 11 the quorum shall be 6 and if the strength is 13 the quorum shall be 7.

46) The Managing Committee shall meet as often as necessary but at least once in two months and max within three month and may pass. By simple majority, such resolution as they deem necessary for furthering the objects of the federation.

47) The Chairman and in his absence the secretary and in the absence of both, a person elected by the member of the Managing Committee present, from amongst themselves, shall preside over the meeting of the Managing Committee, in the case of equality of votes, the Chairman or the person presiding shall exercise casting vote in addition to his/her ordinary vote.

48) Any decision taken at the meeting of the Managing Committee shall not be re-opened until the expiry of three 3 months from the date of the meeting at which the decision was first taken. However. Such decision

may, in exceptional cases, be re-opened with the prior permission of any two office bearers and be decided by three fourth (3/4) majority of the managing committee members present an voting in person provided, however the said item should have been included in the agenda of the meeting.

49) It shall be incumbent on the Managing Committee to call a Special General Body Meeting of the Federation to be decided by a majority of three fourths (3/4) of the total members of the Managing Committee for considering any issue to be a fit case for submitting for a decision by the General Body.

50) No member of the Managing Committee shall be entitled to remain present at a meeting or to vote during the consideration by the committee on any proposition, in which he/she or the Federation Member to which the represents is directly interested, provided that the chairman may, or request in writing by such a member, permit him to remain present at such a meeting but not to exercise vote.

IX- FUNCTION OF THE MANAGING COMMITTEE;

51) The Managing Committee shall exercise all the power and perform all the duties that the Federation is competent to exercise or bound to perform for achievement of the objects of the Federation except those which by statutory provisions of the Act and the rules of the Bye-laws are to be exclusively exercised or performed by the General Body and reserved to be performed in any other manner.

52) To achieve the aims and objects of the Federation, the Managing Committee shall have the following powers;

a) To open and operate abhuydaya co-operative BANK Account / Accounts, saving, current or Fixed terms Deposits, in the name of the

Federation in district central Co-op Bank or any Nationalized Bank and all such accounts shall be operated upon and acquaintances and discharges shall be signed by secretary, jointly with chairman or Treasurer or any other member so nominated and shall have powers including for closer or such account.

b) To draw make, accept, endorse and discount cheques, notes or other negotiable instruments.

c) To invest and deal with money of the Federation not immediately required for any or its objects is such manner as provided in the Bye- laws of the Federation and as may from time to time be determined by the Federation.

d) To pay out of the funds of the Federation or out of any particular part of such fund, expenses incidental to the formation and its managing and administration and carrying out any of the objects of the Federation including payment of all rents rates, taxes, outgoings and salaries and wages of the employees.

e) For the purpose of the aforesaid, to sing execute and deliver all such assurances and deeds and writing as may be necessary and to do and carry our all such matters and things as are likely to promote the objects of the Federation.

f) To keep accounts of all sums of money received and expended by the Federation and the matter in respect of which such receipt and expenditure take place and of the property credits and liabilities of the federation.

g) To deposit the funds of the Federation in the Bank (any co-operative and/or Nationalized Bank) as permitted by the Act or authorized or any two of them jointly shall operate the Bank Account.

h) To consider and scrutinized the accounts of the Federation at a meeting of the Managing committee at least once in 2 months and or further in next one month and shall decide the progress of work schedule assigned to them

i) To authorize any one of the Members of the Committee by name to verify the cash balance as shown in the books of the Federation and other properties of the federation a least once in two months and to report to the Committee the result in the following meeting. If any shortage in cash balance or any other property is reported, it shall be the duty of the Committee to take proper for the recovery of the shortage failing which the committee members shall be jointly and severally be responsible to make good the shortages.

j) To appoint, suspend, remove or discharge salaries employees of the Federation, auditors, solicitors, Advocate, counsels, mangers, architects, accounts, etc, of every description and fix their duties and remuneration subject to the bye-laws of the Federation.

k) To conduct elections to the Managing Committee according to the rules relating to the election of the managing committee as provided in Annexure; I

l) The Committee shall be competent to incur expenditure not exceeding Rs.1, 00,000/- (One Lakhs only) for the repairs and maintenance of the common amenities and services required to be maintained by the Federation. Any other expenditure exceeding Rs. 1, 00,000/- (Rupees One lac only) shall be done only after authority or approval of the General Body of the Federation is obtained.

m) To enter into agreement with any government authority / authorities, local bodies or any corporation, companies or persons that may seem conducive to the Federation or its objects or any of them and to obtain form any such government authority, corporation, company or person any rights, privileges concessions.

n) To continue, commence, carry on or defend and/or compromise all case, suits or proceedings including arbitration, which are commensurate with the objects of the Federation and for which the General Body has authorized.

o) To frame or regulations, wherever necessary for the achievement of the aims and objects of the Federation.

p) To do all such other lawful acts, deeds and things as are incidental or conducive to the attainment of any of the objects of the Federation or any of them.

q) The Managing Committee may delegate any of its powers to a sub- committee constituted from amongst its Members who shall, in the discharge of its functions entrusted, conform in all respects to the instructions and regulations delegate to them by the Committee. The meeting and proceedings of such sub-committee consisting of 2 or more members, shall be governed by the provisions herein contained in so far as the same are applicable hereto and are not super ceded by any regulations made by the committee under these Bye-laws.

53) The members of the Committee shall be jointly and severally responsible for making good the loss which the Federation may suffer on account of their negligence or omission to perform any of their duties and functions cost on them under the bye-laws of the Federation as also under the co- operative Societies Act and the Rules framed there under for the time being enforce.

X – PRESIDENT:

54) (a) A Director of xyz Federation ‘mention detail Address’ of the companies nominee, so nominated shall always be the Ex- officio president of the Federation/ Association.

(b) The President shall;

i) Preside over the General Body Meeting.

ii) Sign minutes of the General Body Meeting.

iii) In case of any constitutional crisis shall re-constitute the Managing committee.

XI – CHAIRMAN :

55) The Chairman shall;

i) Preside over General Body in absence of the Ex-officio president and all Managing Committee meeting.

ii) Sign minutes of the meeting presided over by him/her.

iii) Call meeting of the managing Committee, if necessary, in case of emergency.

iv) In addition to his voting right as a Member, he shall have a casting vote in case of equal number of votes.

v) Supervise all activities of the Federation and shall supervise the expenditure subject to the provisions of the Budget and shall generally guide and advise the other office bearers, employees ad workers.

XII- THE SECRETARY ;

56) The Secretary Shall ;

i) Summon and attend all the General Body meeting of the Federation and of the Managing Committee and of any Sub-committee if so required by the managing committee.

ii) Record the minutes of all meeting of the Federation and the Managing committee or sub-committee.

iii) prepare agenda, send notices, and maintain records of the resolutions and policy decisions made at the meeting of the Managing Committee and the General Body Meeting.

iv) Have charge of all the documents, other papers records and the seal of the Federation.

v) keep and maintain the accounts in such manner as the Committee directs.

vi) Carry on the correspondence for and on behalf of the Federation and supply information to the members of the federation.

vii) Maintain registers as required under the Act and Rules.

viii) Keep all receipts on behalf of the Federation singed by him and one authorized member in this behalf and other documents signed by the chairman, the secretary Treasurer and one such member of the Managing Committee so authorized.

ix) Discharge his duties under the direction and control of the Managing committee in general.

XIII – THE TREASURER;

57) (i) He shall maintain all accounts, receipt and disbursement of case.

ii) He shall submit to the Managing Committee at every quarter the income and Expenditure statement and get the same duly approved by the Managing Committee.

iii) He shall prepare final Annual income & Expenditure Account, Budget estimate and the Balance sheet for the Approval of the Managing Committee and the General Body.

iv) He shall get the annual account of the Federation duly audited by the auditor appointed by the General Body.

(v) He shall sing, endorse, negotiate or otherwise deal with all receipts, cheques, hundies, bill of exchange, promissory notes, securities etc.,

vi) He shall deposit in the Bank or Bank all moneys received by the Federation as may be approved by the Managing Committee. An amount not exceeding what is permitted under the Act for the time being may be kept by him in his hand for immediate expenses.

XVI – FUNDS ;

58) Funds may be raised by the following mean, viz;

a) By Entrance fees

b) By issue of shares

c) By Transfer of Shares

d) By raising loans

e) By deposits

f) By donations

g) By subscriptions

h) By issue of souvenirs, booklets etc.

i) By interest on investment of Funds.

j) By contribution towards specific work or service and amenities.

k) By organizing events, functions, funds etc.

l) By subsidy from the Government/Government Bodies, local and other authorities

m) By advertisement, hoardings, rent and hire

n) By raising bill and collecting Repair & Maintenance charges.

o) By hiring out the R.G. areas for functions.

59) The authorized share capital of the Federation shall be Rs. 12,100/ (Rs. Twelve thousand and one hundred only divided into Rs. 1000/ including shares of Rs. 500/- each of the entire amount of the shares and Entrance

fees of Rs 100/- shall be paid with the application for membership. Every member society must hold at least five (100) shares of the federation.

60) The Federation shall collect contributions form Federation member. By issuing periodical bills on the basses of the building area of the building constructed on the respective plot or the area of the individual plot (whichever is higher.) Such contribution, to be fixed from time to time by the General body to meet expenses required to be incurred in respect of the repairs and maintenance of the common amenities and services.

61) The total liabilities by way of deposit shall not exceed ten time of the total amount of the paid-up share capital plus accumulated Reserved Funds’ minus losses. Provided however the limit herein prescribed may be enhance by a resolution by the General body and with the previous sanction of the Registrar.

62) A share certification bearing distinctive number shall be issued for the shares held by a member on directions by the General body. If any share certificate be worn-out or defaced or lost a duplicate share certificate may be issue in lieu thereof on payment of Rs. 500/-. to the Federation after completion of necessary formalities.

63) Every share certificate shall bear distinctive number, the seal of the Federation and shall be signed by the chairman, the Secretary and a member of the committee duly authorized by the General Body for that purpose.

64) Admission of the new member fees shall be Rs. 25,000. /- per members excluding other expenses if required on Mis Expenses.

XV – INVESTMENT;

65) The funds of the Federation when not immediately needed, shall be invested or deposited as required under section 70 of Maharashtra co- operative Societies Act, 1960, The Managing Committee shall have power from time to time to make any changes in the investment patterns. As directed by the General body.

XVI – RESERVE FUNDS AND OTHER FUNDS ;

66) The reserve fund of the Federation shall comprise of ;

i) The amount carried to the said fund from year to year, out of the net surprise of the year, subject to the provisions of Section 66(1) & 66(2) of the Act

ii) All donations received except those received for specific purpose.

67) The Federation shall create and establish the following other funds from and out of the Quarterly contributions collected form its members at the rates mentioned hereunder;

a) The Repair and maintenance funds at the rates decided at the meeting of the General Body from time to time, subject to a minimum of

¾% per annum of the value of each of the common amenities and facilities in the layout for meeting normal recurring expenses in proportion to the build-up area of Buildings constructed on the single PLOT /PLOTS or area of the individual Plot as per schedule mention and set out in Layout plan of each bldg. holder which name is specified herein above.

b) The sinking fund at the rate decided by at the meeting of the General Body, Subject to a minimum of ¼% per annum of the value of the common amenities in the layout proportionate to the Build-up area of the building on each individual Plot/Plots of the Layout or area of the individual plot, whichever is higher.

c) Contribution towards the above Funds shall be collected from all Federation Members against the periodical Bills issued to the members along with Municipal collector and /or any other Taxes (if any) maintenance and service charges and other outgoing proportionate to the build –up area of the building constructed, on the Plot/Plots or area of the individuals Plot, whichever is larger.

d) The Sinking Funds shall be kept invested in National Saving Certificates, Long Terms Fixed Deposits with any Nationalized Bank and/or any co-operative Bank as authorized by the General Body. The interest accrued on such investments shall not be used for the day-to-day expenses of the Federation, and shall be re –invested in the National Saving Certificate or Fixed deposit as decided by the General Body.

e) The Managing Committee shall workout an estimated budget for the expenses to be incurred for the maintenance of the various common amenities and services, taking into consideration expenses to be incurred day to day, monthly, periodically, and yearly basis and also which will arise in sub-sequent years because of ageing requirements, replacements or re-doing. All such expenses shall be taken together and the Managing Committee shall work –out as monthly expenses proportionately divided accordingly to the built –up area of the building on each plot/plots or area of the individual plot whichever is higher and billed quarterly on area basis.

68) The Federation may utilize the above funds, except the sinking fund for the expenditure on repairs, maintenance replacement and renewals of the common services. The sinking Funds may be used by the Federation for reconstruction only under exceptional circumstances. After passing a resolution in a meeting of the General body and with the prior permission of the Registrar.

XVII- SURPLUS ;

69) The net surplus after meeting all expenses and making such other deduction as required under section 65(1) of the M.S.C. Act,1960 shall be divided as follows:

i) 25% shall be carried to the reserved fund.

ii) 5% contribution towards education fund of the Maharashtra Rajya Sahkari Sangh Ltd., Palghar (mention dist. where your society situated) at the rate prescribed in Rule No.52 of the M.S, C. Act, Rules 1961.

iii) 60% shall be carried over to the repairs and maintenance fund and;

iv) The balance, if any shall be carried forward or dealt-with in the manner the General Body, on the recommendation of the committee, may determine,

XVIII- LEAVY OF CHARGES BY THE FEDERAION;

70) The Committee shall apportion the shares of each Federation Members towards Federation charges, taking into consideration contribution under various head of accounts as set out above and fix quarterly outgoing payable by the members.

71) The Secretary of the Federation shall prepare quarterly bills in respect of the outgoing payable by the Federation Members and issue the same to the Representative Members at quarterly intervals, as on the last day of each quarter, for payment within 15 days thereof. Simple interest at 21% per annum being the maximum or the rate approved by the General Body shall be charged, on the amount of the bill or part thereof, defaulted in payment of the amount of the Bill within the time specified.

XIX – ACCOUNTS :-

72) The Bank Accounts shall be opened in the name of the Federation into which all monies received on behalf of the Federation shall be deposited and the Account shall be operated upon and all acquaintances and discharges shall be signed by the Treasurer, jointly either with the chairman or the Secretary, The Chairman secretary and the Treasurer shall jointly make endorsements on securities held by the Federation.

73) The accounts of the Federation will be made up for each year ending with 31st March and income & Expenditure Account and the Balance sheet shall be published and sent to all Members along with the notice convening the Annual General Body Meeting.

XX – AFFILIATION: -

74) The Federation at its option shall become a member of The Mumbai District Co-operative Housing Federation limited and or the Maharashtra state Co-operative Union and any other organization by passing a resolution in that behalf in the General Body Meeting.

XXI – AMEDMENTS:-

75) None these Bye-laws shall be altered /amended /modified or rescinded and no Bye-laws shall be added except by a vote of 3/4th the of the Representative Members present at a General Body Meeting and voting provided that the notice convening the meeting shall specify in the agenda the proposal amendments and no amendment shall take effect unless approved by the registrar.

XXII – SEAL :-

76) The Federation shall have a seal for the purposed of conveying its official authority wherever necessary. The seal shall clarify specify the full name of the Federation along with its Registration number, and shall remain in personal custody of the Secretary.

XXIII – GENERAL :-

77) The right and the liabilities of the Federation members will be as provided in the M.C.S. Act, 1960 and the M.C.S. Rules 1961.

78) A member in arrears of dues of the Federation for more than 15 days shall pay simple interest at maximum of 21% p.a. as approved by the General Body from time to time on outstanding amount from the date with the dues become payable till the date of payment.

79) The federation may enlarge and expend scope of its area of operation by allowing other societies or corporate bodies or individuals to join merge or amalgamation with the Federation by resolution of the General Body in that regard and approved by the registering authority therefore.

80) Every Federation member shall be supplied with a copy of the Bye-laws or resolutions of the Federation on payment of price, as decided by the Managing Committee.

XXIV – INTERPRETATION ;

81) In these Bye-laws, Rules and/or Regulations, if any, framed by the managing Committee of the Federation the following words ad expressions, shall have the meaning as spelt our against them as below unless the subject matter is inconsistent herewith;

a) The Act’’ means the Maharashtra Co-operative Societies Act, 1960 ( Maharashtra Act XXIV of 1960 )

b) “ The Rules “ means the Maharashtra Co-operative Societies Rules, 1961

c) “ The Registrar” means the persons appointed under the Act to perform the duties of the Registrar of Co-operative Societies and shall include Deputy Registrar or the Assistant Registrar of the circle or Division.

d) “He, Him” or Persons” or Individual” include society a Corporate Body a Company or Association or Persons or an individual plot Owners/ holders.

e) “The layout” means the area demarcated from and out of Survey No. sriprastha Complex at nallasopara west side Tal vasai

f) Federation” means the 3RD road housing societies federation ltd., nallasopara west taluka vasai Dist. palghar Maharashtra

g) “Office Bearer” means and includes the chairman the Secretary, and the Treasurer, holding office of the Federation for the time to time.

h) “Federation funds” means and include all investments funds and belonging of the Federation.

i) Financial Year” or “Co-operative Year” means the period commencing from 1st day of April of a year and ending on the 31st day of March of the following year.

j) “Federation Member – All those constituents who have applied for membership of the Federation acquired 10 shares of Rs. 100/- each and

being Co-operative Housing Societies. Corporate Body, company, persons, having, Development rights, Association of persons of the Flat Holders in a Building, plot Owners / Holders having individual bungalow

/house(s) or buildings.

k) “Representative Member” means a person nominated by the Federation Members to represent it/them on the Federation.

l) “The Committee” means the Managing Committee of the Federation elected in the General Body Meeting.

m) “General Body” means the body, which shall consist of Members as per clauses -5,6,7,8, & 10 of these Bye-laws.

n) Promoter means a person who has signed the application for registration of the Federation.

o) Chief Promoters means person who is elected by promoters in their first meeting to act chief promoter till first General Meeting.

XXV-DISSOLUTION:

82) the Federation can be dissolved by a General Body meeting specially called for that purpose provided that the quorum of this meeting shall not be less that Three-Fourth (3/4th ) of the total number of representative Member of the Federation Members present and voting on the resolution of dissolution is so passed. The assets and liabilities will be disposed of in the manner decided by the General Body.

We hereby approve the byelaws and sign in confirmation of the same:

3RD ROAD HOUSING SOCIETIES FEDRATION LTD., NALLASOPRA WEST TALUKA VASAI DIST PALGHAR MAHARSHTRA

DATED THIS DAY OF 2023

ANNEXURE – I

ELECTION RULES

1) These rules shall be called the rules of election of a member to the Managing Committee of the 3RD ROAD HOUSING SOCIETIES FEDRATION LTD., NALLASOPRA WEST TALUKA VASAI DIST PALGHAR MAHARSHTRA

“They shall be deemed to have come into force from the date of their approval by the Registering Authority.

2) Every Managing Committee shall hold election before expiry of its terms.

3) The member of the Federation on the Register of members as on 31st December if the election is due during subsequent period between 1st January to 30th June, and as on 30th June, if election is due during subsequently period between 1st July to 31st December and only those who have completed two years from the date of enrollment as a member shall be eligible to vote in the election to the managing committee of the Federation.

4) The provisional list shall be prepared by the Managing committee as per

(3) above and shall be notified on the notice board of the federation 60 days before the date of election, inviting suggestions and objections in respect of the names of the members, with a period of 8 days from the publication of such list.

5) After considering the suggestions and objections if any, received and carrying- out corrections the managing committee shall publish a final list of members eligible to vote within two days of the last date as mentioned at 4 above.

6) The Provisional and final list of members referred to above shall be in the prescribed format.

7) After the final list, the Managing Committee, shall appoint from amongst the members who is not a candidate for the election or who has neither proposes nor seconded candidature of any member, or any other persons, as Returning officer however in case of member being appointed as Returning Office the managing committee shall obtain an undertaking from such member that he will not contest the election nor proposed or second any candidate. The Returning Officer shall, have authority to appoint such polling staff as he may deem necessary.

8. Where the Managing Committee has failed to appointed a Returning Officer, the Registrar Authority shall appoint a Returning officer and polling staff. The cost of the Returning Officer and polling staff shall be born by the Federation.

9) The Returning Officer, shall draw and declare a program of various stages of election, on the notice Board of the Society as indicated herein below not later than seven days of the date or publication of final of voters of the Federation.

The Returning Officer shall submit copy of such programmed to the Registrar.

i) Last date of making Nomination :- 7 days from the date of declaration of election program

ii) The date of publication of list of :- on the last day and after the expiry nominations received. Of the time for nomination.

iii) Date of Security of Nomination :- Next day of the last date for making

nomination

iv) Date of publication of list of :- Next day after the date of completion

of valid nominations Scrutiny.

v) Date by which candidature :- After clear 15 days from the date may be withdraw. of scrutiny.

vi) Date of publication of final :- The date next succeeding the last

list of contesting candidates day Fixed for withdrawal of candidature.

vii) Date and time during which and :- Minimum 5 days after the date of the place at which the poll shall be withdrawal date time and place to be

fixed taken by the Returning Officer.

viii) Date time and place for counting :- Immediately after polling is over. Votes.

ix) Date of declarations of result of :- Immediately after counting of votes. voting.

Explanation: - If the last date in reckoning dates as specified in the above cases is a public holiday the next succeeding working day shall be fixed for the respective events.

10) The functions of the Returning officer shall be as under :-

i) To draw up a detailed programmed of election to the managing committee of the society, after taking into consideration the various stages of election process, as enumerated in 9 above.

ii) To invite nomination, to receive and scrutinized them, to exhibit list of valid nominations and list of final nominations remaining after withdrawal of nominations if any.

iii) To arrange for election by ballot in accordance with the provisions of election Rules.

iv) To furnish the result of election to the chairman of the society for being declared at the General body meeting/ special general body meeting of the Federation.

v) To take such other actions as are necessary for and incidental to the election to the managing committee of the Federation.

11) The nomination from the members shall be in the prescribed form.

12) No members of the Federation shall be eligible to participate in the election of the managing committee of the federation if :

i) He is not a Representative Member.

ii) He is in default in respect of any dues for more than 180 days on the date of filing his nomination as a Representative member of the Federation Member.

iii) He has convicted of an offence, involving moral turpitude, unless a period of six years has elapsed since his conviction.

iv) He has been held responsible under Section 79 or Section 88 of the Act or has been held responsible for payment of costs of enquiry under Section 85 of the Act.

13) The Nominations received till the last date and hour fixed for receiving nomination shall be scrutinized by the Retuning office on the date fixed for scrutiny of nominations, in the presence of the candidates or their duly authorized representatives and the list of valid nomination shall be published on the Notice Board of the Federation as per election program. The candidates whose nominations are ejected for rejection of their nomination of the same day, in the prescribed format.

14) The candidates, whose nomination have been declared valid shall be allowed a time of 15 days (as required u/s 152 A of M.C.S. Act, 1960) from the date of publication of the list of valid nominations to withdraw their candidates by means of a letter handed over to the Returning Office.

15. Immediately after the expiry of the period allowed for withdrawal of candidature a final list of the candidates contesting the election shall be notified on the notice board of the Federation.

16. The voting at the election shall be secret Ballot.

17) The ballot paper shall be in the prescribed format. It shall bear the seal of the Federation and the counterfoil thereof shall bear the initials of the Returning Officer.

18) The names of the candidates in the ballot shall be arranged in alphabetical order with surname appearing first.

19) The date time and place of voting shall be as declare in the election programme.

20) The ballot box shall be so constructed that ballot papers could be conveniently put into it but could not be taken out, without the box being unlocked.

21) On the date of polling the empty ballot box shall be shown to the candidates or their authorized agents, if any and presents 15 minutes before the time fixed for commencement of the poll and shall be lock and sealed in their presence.

22) Each member voter shall be supplied with an authenticated ballot paper after satisfying his identity and obtaining his signature on the counterfoil of the ballot paper.

23) Member voter coming to the polling station after expiry of the time allowed for voting shall not be allowed to vote.

24) Immediately after the completion of voting, the ballot box shall be sealed in the presence of the candidates or their authorized representative if present.

25) The counting of votes shall be done immediately after the polling is over.

26) The Returning officer shall submit to the Chairman of the Federation a report indicating the number of voted, number of valid and invalid votes and the votes polled by each Candidate, along with his certificate that the polling was peaceful and in accordance with the Election Rules.

27) The names of the candidates with votes polled by each of them shall be put on the notice Board of the Federation at the conclusion of the counting of votes.

28) The final result of the election shall be declared in the ensuing Annual General body Meeting or Special General Body meeting as the case may be.

29) All the records pertaining to the election shall be preserved in box duly locked and sealed by the Secretary of the Federation. For the period of 3 months and destroyed thereafter. However, if the result of the election is disputed, the records pertaining to the election shall be preserved until the final decision of the dispute.

30) The Committee shall be constituted as enumerated under section 73(3) of the M.C.S. Act, 1960.

31) If you any reason beyond the control of the Federation it is not possible to observe the time schedule prescribed under these Rules, the Returning Officer of the Federation may revise the same with due notice to members and with due consent of the concerned Housing Federation. The Returning Officer shall inform such revision of schedule to the Registrar.

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