| 1. |
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Bye-law
No. 3(v) :
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Definition
of flat : |
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The new definition of the term ‘flat’ has been widened
to include coaching classes, palnaghar, beauty parlour in addition
to premises used or intended to be used for residence, or office, or showroom,
or shop, or godown, or garage, or dispensary, or consulting room, or clinic,
or flour mill as per old bye-laws. |
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| 2. |
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Bye-law No. 3(xxv) : |
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Definition of the term ‘family’ has been widened
to include, father, mother, sister, brother, son, daughter, son-in-law,
brother-in-law, sister-in-law, daughter-in-law, grand son/daughter.
As per old bye-laws only husband, wife sons having no independent source
of income, unmarried daughters and person/persons dependent on the member
were included in the definition of family. |
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| 3. |
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Bye-law No. 3(xxviii) : |
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The term ‘working capital’ has been introduced in
the new bye-laws which is defined as the fund at the disposal of the society
inclusive of paid up capital, share capital, funds created out of profits,
and money raised by borrowing or by any other means. |
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4.
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Bye-law No.
7(e) :
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Raising
of funds by the society - Prohibition on voluntary donation on transfer
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As per sub rule No. (f) of Bye-law No. 7, the funds of
the society may be raised by voluntary donations, but not from transferor
and transferee of any flat.
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| 5.
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Bye-law No. 5 : |
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One
uniform set of bye-laws applicable for open plot societies as well as
flat owners societies. |
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| 6.
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Bye-law No. 13(a) : |
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New
concept for calculating repairs and maintenance funds for meeting expenses
for normal/recurring repairs is introduced which is related to the cost
of construction of each flat, It shall be minimum of 0.75% per annum of
cost of construction of each flat as compared to minimum of 0.75% per annum
of value of each flat as per old bye-laws. The amendment is aimed at reducing
areas of disputes. |
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| 7. |
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Bye-law
No. 13(b) : |
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Major
repair fund : |
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A new term ‘Major Repair Fund’ is introduced. Society
can create this fund as and when required and decided by the General Body
at the rate fixed on area basis. |
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| 8. |
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Bye-law No. 13(c) : |
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Sinking fund is now required to be related to the cost
of construc-tion of each flat at the rate decided at the meeting of general
body subject to minimum of 0.25% per annum of the con-struction cost
of each flat excluding the proportionate cost of the land.
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| 9. |
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Bye-law No. 14(e) : |
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Major
repair fund amount can be used by the society with the prior permission
of the general body. |
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| 10. |
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Bye-law No. 17(a) :
Eligibility for membership : |
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As
per old bye-laws, an individual member could become member of the society
provided he resides or intends to settle down and reside in the area of
the operation of the society and who does not own a house, a plot or a flat
in his name or names of any of the members of his family, in the area of
operation of the society. These provisions have been done away with in new
Bye-law No. 17(a). |
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| 11. |
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Bye-law No. 19(a)(vi) :
Conditions for membership : |
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A person intending to become a member of the society has
to tender along with the application for membership of the society, a
certified copy of agreement which is duly stamped in case of agreement
with the builder/promoter and in case of resale, a copy of duly stamped
agreement which is entered into with the transferor. As per old bye-laws,
this provision about submission of stamped agreement was absent. |
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| 12. |
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Bye-law
No. 24(b) : |
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Rights
of associate/joint member recognised. As per new provision, the associate/nominal
members have a right to occupy the flat with the consent of the member and
permission of the society, subject to the conditions set out by the society. |
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| 13. |
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Bye-law No. 32 :
Nomination by member : |
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Secretary of society has to give acknowledgement of the
nomina-tion and such acknowledgement shall be deemed to be acceptance
of the nomination by the secretary. The acknowledgement of the
variation in nomination/sub-sequent nomination by the secretary shall
be deemed to be the cancel-lation of the earlier nomination. Every fresh
nomination shall be charged a fee of Rs.50/-.
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| 14. |
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Bye-law
No. 34 : |
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In
the event of death of the member, nominee/nominees have to apply for membership
of the society within six months from the date of the death of the member. |
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| 15. |
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Bye-law
No. 38(d) :
Transfer of shares : |
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Bye-law
38(d), expressly states that ‘No objection certificate’ of the society is
not required to transfer the shares. However if the transferor or the transferee
requires such certificate, they shall apply to the society and the committee
will consider such application on merit within one month. The bye-laws are
silent on the course of action to be taken if no objection is declined or
not granted within the specified period of one month. |
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| 16. |
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Bye-law
No. 38(e)(vi) :
Transfer of shares : |
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As
per new provision, on transfer of shares, the transferor has to give the
undertaking to discharge the liabilities of the society. This provision
may not be effective since transferor may not be traceable later on and
undertaking given by him for discharging all the liabilities of the society
may not be enforce-able. |
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| 17. |
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Bye-law
No. 38(e)(vii) : |
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Transfer
fee by the transferor has been raised from Rs.50/- to Rs.500/-. |
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| 18. |
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Bye-law
No. 38(e)(viii) : |
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Entrance
fee by the transferee has been raised from Rs.10/- to Rs.100/-. |
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| 19. |
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Bye-law
No. 38(e)(ix) : |
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Premium for the transfer of flats to be fixed by the general
body meeting but it should be within ceiling prescribed by govt. from
time to time. It is specifically mentioned in Bye-law No. 38(e)(ix) that
no additional amount towards donation or contribution to any other
fund or under any other pretext shall be recovered from transferor or
transferee.
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| 20 |
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Bye-law
No. 38(e) :
Exchange of flats : |
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It is specifically mentioned in a note to Bye-law No. 38(e)
that condition about charging of premium on transfer of shares is not
applicable in case of mutual exchange of flats among the members that
is no premium is payable on exchange of premises by the members in the
society. |
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| 21. |
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Bye-law
No. 43(2)(iii)(d) : |
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Non-occupancy
charges not to be levied if the incoming member occupies the flat. |
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| 22 |
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Bye-law
No. 43(2)(iii)(c) : Subletting : |
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Non-occupancy
charges shall be charged by society in accordance with circular to be issued
by the Government of Maharashtra Commissioner of Co-operation from time
to time. Vide Govt. of Maharashtra Notification No. SYG-1094/15165/P.No.317/14-C
dated 1st August 2001, the society should not collect the non-occupancy
charges at a rate exceeding 10% of the service charges (excluding municipal
corporation/Nagarpalika taxes. This Notification also provides that non-occupancy
charges shall not be levied if the flat is given by the member to nearby
relation such as father, mother, sister, brother, son, daughter, son-in-law,
brother-in-law, daughter-in-law, grand son, grand daughter or such other
relative as might have been permitted by the society. |
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| 23. |
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Bye-laws
Nos. 53 and 54 : |
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Under
new bye-laws, the for-feiture of shares takes effect simultaneously with
the expulsion from membership of the society duly approved by the Registering
Authority. |
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| 24. |
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Bye-law
No. 57(vi) : |
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A person shall cease to be member of the society, if
whereabouts of such member are not known for continuous period of seven
years and if his share and interest in the property/capital of the
society is not claimed by any-body else. |
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| 25. |
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Bye-law
No. 57(vii) : |
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A
person shall cease to be member of the society on the cessation of right/title
and interest as a member in the property of the society by way of legal
attachment or sale. |
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| 26. |
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Bye-law
No. 61 :
Cessation of memberships - Information to member : |
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The
committee to inform the concerned member in writing within 7 days of date
of decision of the committee about cessation of member’s membership. In
old bye-laws this provision was absent. |
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| 27. |
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Bye-law
No. 62 :
Restriction on holding more than one flat for individuals : |
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As per new bye-law No. 62, individual member of the society
may hold more than one flat in his own name or in the name of any
of the members of his family subject to conditions as laid down in Section
no. 6 of the Maharashtra Societies Act, 1960. Member of the family u/s.6
of the MCS 1960 means a wife, husband, father, mother, son or unmarried
daughter. Minimum number of persons for a society is 10, each of such
persons being a member of a different family, who are qualified to be
members of the society and who reside in the area of operation of the
society.
Thus even as per new bye-law, if there are 10 flats in a society and two
flats are for sale, a member cannot purchase both the flats in his own name
as that would bring down the total membership to less than 10, being number
required to constitute a society.
As per old bye-laws previous consent in writing of the committee
of the society was necessary for holding more than one flat in own name
or in the name of any of the members of one’s family. |
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| 28. |
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Bye-law
No. 65 : Acknowledgement of applications to the society : |
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The
secretary of the society to compulsorily acknowledge every application received
by him from the members of the society even if it is incomplete. |
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| 29. |
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Bye-law
No. 66 : |
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Valuation
of interest of expelled member of society in the capital/property to be
valued by the government approved valuer to safeguard the interest of the
expelled member. |
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| 30. |
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Bye-law
No. 69(a)(ii) : Water charges : |
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Society
is to charge water charges on the basis of total number and size of inlets
provided in each flat. In old bye-laws there was no reference to the size
of inlets. |
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| 31. |
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Bye-law
No. 69(a)(iii) :
Expenses on repairs and main-tenance of building/buildings of the society
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It will be related to cost of construction of each flat
for meeting expenses of normal repairs or recurring repairs. It shall
be minimum of 0.75% per annum of construction cost of each flat. As per
old bye-laws it was related to value of each flat. This aims at
reduction in the areas of disputes. |
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| 32. |
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Bye-law
No. 69(a)(iv) :
Expenses on repair and main-tenance of lift including charges for running
the lift : |
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It
has been clarified in new bye-law that the cost shall be borne equally by
all the members of the building in which lift is provided irrespective of
the fact whether they use it or not. As per old Bye-laws it was to be borne
by all the members. |
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| 33. |
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Bye-law No. 77 :
Structural audit of buildings : |
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Structural audit of building to be conducted by architects
on the panel of municipal corpora-tion for societies situated in municipal
limits. In other cases structural audit to be carried out by government
approved architects. Structural audit to be done as under :
(a) For building ageing between 15 and 30 years
Once in 5 years
(b) For building ageing above 30 years
Once in 3 years |
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| 34. |
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Bye-law
No. 78(a) :
Car parking : |
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As
per new provision, a member may hold parking space/stilt if he has purchased
the same, and he shall have a right to sell the same to transferee or other
eligible member of the same society. Thus the new provision recognises the
sale of car parking space by the builder. |
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| 35. |
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Bye-law
No. 96(iv) : |
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In
the annual general body meeting results of the election to the committee
shall be declared if election to the committee has taken place prior to
annual general body meeting of the society. As per old bye-law, the results
of election to the com-mittee were to be declared if the election took place
during the year in which annual general body meeting was held. |
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| 36. |
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Bye-law
No. 96(v) : |
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Auditor
to be appointed for the statutory audit, from the panel of auditors maintained
by the Registrar. As per old bye-laws, the society was to appoint an internal
auditor, if considered necessary. |
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| 37. |
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Bye-law
No. 100 : |
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In case of holding of special general body meeting,
an intimation to the federation and to the registration authority along
with agenda is also to be given. This provision did not exist in old bye-laws. |
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| 38. |
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Bye-law
No. 114 : |
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Bank account can be operated upon by the secretary jointly
with the chairman or treasurer. As per old by laws treasurer could
not sign the cheques. |
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| 39. |
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Bye-law
No. 115 : |
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Provision regarding strength of committee. There is a provision
for reservation of seats for women members in the committee. There
will be at least one woman member in the committee for number of members
upto 300 and at least two women committee members if number of members
is 301 and above. |
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| 40. |
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Bye-law
No. 118 : Associate member given power to become member of committee
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An
associate member is eligible for being elected as member of committee on
submission of the no objection certificate from the member and undertaking
as may be prescribed. |
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| 41. |
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Bye-law
No. 119 : |
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New provision for constitution of committee has been inserted.
This provision stipulates sending of the names and addresses of elected
members on the committee to the Registrar. |
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| 42.. |
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Bye-law
No. 122 : |
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Period
of office of the elected committee is increased from 3 years to 5 years.
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| 43. |
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Bye-law
No. 123(a) : |
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The
first meeting of the newly elected committee jointly with the outgoing committee
shall be held within 30 days from the date of constitution of the new committee
as per Bye-law No. 119. As per old bye-laws such meeting was to be held
within 30 days from date of the general body meeting of the society at which
results of its election were declared. |
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| 44. |
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Bye-law
No. 126(a) : |
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The
post of treasurer has been included as an office bearer of the society.
Old bye-laws did not recognise the post of treasurer. |
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| 45. |
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Bye-law
No. 126(b) : |
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The
Chairman, Secretary and Treasurer of the Society shall hold office for a
period of 5 years from the date on which they are elected to be the Chairman
or Secretary or Treasurer. They can be removed by passing of no confidence
motion in the special meeting of the Committee. If no confidence motion
is moved against Chair-man, Secretary or Treasurer, then such special meeting
shall be presided over by the Registrar or such officer not below the rank
of Asstt. Registrar. This provision did not exist in old model bye-laws. |
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| 46. |
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Bye-law
No. 132(e) : Resignation of entire committee : |
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Such
resignation of committee to be placed before the general body and such resignation
to be effective from the date of ac-ceptance of such resignation by the
general body. The committee to continue in office till alter-native arrangement
is made for management of society. There was no provision in old bye-laws
for handling such a situation. |
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| 47. |
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Bye-law
No. 133 : Notice of meeting of committee : |
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If
chairman and the secretary fail to issue a notice and the agenda of any
meeting of the committee, the concerned Hous-ing Federation to which society
is affiliated, may call such a meeting. As per old bye-laws the registration
authority was authorised to call such a meet-ing in similar situation. |
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| 48. |
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Bye-law
No. 142(xx) : |
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Structural
audit register to be maintained wherever applicable. |
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| 49. |
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Bye-law No. 146 : |
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Limit
for making payments by account payee cheques increased as under : Up to
20 members Rs.1,500/- 21 to 50 members Rs.3,000/- Above 50 members Rs.4,500/- |
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| 50. |
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Bye-law
No. 158(a) : |
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Committee
is competent to incur expenditure on repairs if one time expenditure does
not exceed as under : Up to 25 members Rs.25,000/- 26 to 50 members Rs.50,000/-
51 and above members Upto Rs.1,00,000/- For expenditure in excess of above
limits, prior sanction of general body is necessary. |
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| 51. |
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Bye-law
No. 160 : |
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The
responsibility for Internal leakage would now be on the concerned member.
As per old bye-laws the responsibility of all leakages, internal as well
as ex-ternal leakage was on the society. |
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| 52. |
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Bye-law
No. 160(a) : |
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Member residing on top floor of building of society
can insist upon the society to repair at the cost of society the damaged
ceiling and plaster thereon of the top floor flat on account of leakage
of the rain water. |
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| 53. |
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Bye-law
No. 173 : |
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Insurance of the building of society against risk of fire
and earthquake made compulsory. |
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| 54. |
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Bye-law
No. 173 : |
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An
attempt has been made to guide the members as to which authority they should
approach for their complaints. |