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Clover Water Gardens CHS

I–V. Preliminary, interpretations, area of operation, objects and affiliation

Bye-laws 1–6

Bye-law 1

1(a) Name of the Society

The Name of the Society shall be Clover Water Gardens Co-operative Housing Society Ltd.

1(b) Procedure for changing the name

The Society shall follow the procedure laid down under Section 15 of the Act and Rule 14 of the Rules for the change of its name.

1(c) Classification

The Society is classified under major class “Housing” with subclass “Tenant Ownership / Tenant Co-partnership / Other Housing Society.”

Bye-law 2

2(a) Address of the Society

The registered address of the Society shall be as under:

Clover Water Gardens Co-operative Housing Society Ltd., Plot 69, Central Avenue, Lane 7 (Road 7), Kalyani Nagar, Pune 411006

2(b) Intimation of change in the address of the Society

Any change in the registered address of the Society shall be intimated by it to the Registering Authority and all others concerned within 30 days of such change.

2(c) Procedure for changing the address of the Society

Any change in the registered address of the society shall be made after the following procedure laid down in Rule 31 of the Rules of 1961.

2(d) Exhibition of Name Board

The society shall exhibit at a conspicuous place at the main entrance of the building, a Board indicating its name, registration number and the registered address.

Bye-law 3. Interpretations of the words and terms

Unless otherwise separately provided in these bye-laws, the following shall have the meaning assigned to them here in:

  • i. ‘Act’ means the Maharashtra Co-operative Societies Act; (MCS Act) 1960.
  • ii. ‘Bye-laws’ means Bye-Laws consistent with Act and registered under this Act for the time being in force and includes registered amendments of such Bye-Laws of the society.
  • iii. ‘Chief Promoter’ means the person who is elected by the Promoters, in their first meeting, or in their subsequent meetings in case the post of the Chief Promoter lies vacant, till the first general meeting.
  • iv. ‘Committee’ means the Committee of management or board of directors or the governing body or other directing body of a Cooperative Housing Society, by whatever name called, to which the management of the affairs of a Society is entrusted and vested under section 73 of the Act.
  • v. ‘……. Days’ Clear Notice means the number of calendar days intervening between the day of posting the notice and the day of the meeting.
  • vi. ‘Flat’ means a separate and self contained set of premises used or intended to be used for residence, or office, or show-room, or shop, or godown and includes a garage, or dispensary, or consulting room, or clinic, or flour mill, or coaching classes, or palnaghar, beauty parlour, the premises forming part of a building and includes an apartment.
  • vii. ‘Housing Society Federation’ means the federation of cooperative housing societies, registered and notified under the Act.
  • viii. ‘Ownership Flats Act’ means the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act. 1963
  • ix. ‘Papers’ means all or any of the items mentioned in the bye-laws Nos. 142 and 143.
  • x. ‘Parking Space’ means open space within the premises of the Society earmarked by it for parking of vehicles and includes a stilt, basement, podium , mechanized parking.
    • a. ‘Parking Slot’ means demarcated and numbered individual parking slot for a single vehicle (for four wheeler LMV or two wheeler) within the Parking Space available with the Society
  • xi. ‘Prescribed Form’ means the form included in the Annexure II indicating the bye-law No. under which it is prescribed and the Appendix at which it is enclosed;
  • xii. ‘Promoter’ means a person, who has signed the application for registration of the Society.
  • xiii. ‘Promoter Builder’ means a person and includes a partnership firm or a body or association of person, [whether registered or not] who constructs or causes to be constructed a block or building of flats [or apartments] for the purpose of selling some or all of them to other persons, or to a company, Co-operative Society or other association of persons, and includes his assignees; and where the person who builds and the person who sells are different persons, the term includes both.
  • xiv. ‘Rules’ means the Maharashtra Co-operative Societies Rules, 1961.
  • xv. ‘Reserve Fund’ means the fund constituted under the provisions of Section 66(1) of the Act and the Bye-law No. 12(i).
  • xvi. ‘Repairs and Maintenance Fund’ means the fund constituted under the Bye law No. 13(a).
  • xvii. ‘Sinking Fund’ means the fund constituted under the Bye-law No. 13(c).
  • xviii. ‘Major Repair Funds’ means a Fund created by the Society and constituted under Bye-law No. 13 (b), for the purpose of Major Repairs including Plastering, building of compound wall, pavement, total painting, reconstruction.
  • xix. ‘Municipal Act means’ the Maharashtra Municipalities Act 1965 (Mah. XL of 1965).
  • xx. ‘Open space’ means an Area, forming a integral part of the site, left open to sky.
  • xxi. ‘Open terraces’ means terraces which are otherwise not in the exclusive possession of any of the Members.
  • xxii. ‘Common Areas and Facilities’ means
    • a. the land on which the building is located;
    • b. the foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors, lobbies, stair-ways, lifts / escalators , fire escapes and entrances and exits of the building;
    • c. the basements, cellars, yards, gardens, parking areas un-demarcated / demarcated parking slots, and storage spaces;
    • d. the premises for the lodging of janitors or persons employed for the management of the property;
    • e. installations of central services such as power, light, gas, water storage and water heating, water harvesting, pump houses, refrigeration, air conditioning, generators, roof top solar devices, common antennas and mass communication and data sharing devices;
  • xxiii. ‘Society’ means the ………… ………… ………… Co-operative Housing Society Ltd …… …… …… registered under the Act.
  • xxiv. ‘Member’ means a person joining in an application for the Registration of a Cooperative Housing Society which is subsequently registered, or a person duly admitted to Membership of a Society after Registration and who holds the right, title and interest in the property individually or jointly;
    • a. ‘Active Member’ means
      • i. One who has purchased and owns a Flat / Unit in the Society.
      • ii. One who attends at least one General Body Meeting of the Society in the previous five consecutive years. Provided that nothing in this clause shall apply to the members whose absence has been condoned by the General Body Meeting of the Society.
      • iii. Who has paid the Society Maintenance Service and other charges at least once in previous consecutive five years.
    • b. ‘Associate Member’ means a Members who holds the right, title and interest in the property individually or jointly with others, but whose name does not stand first in the share certificate;
    • c. ‘Nominal Member’ means a person who does not hold the right, title and interest in the property individually or jointly admitted to Membership as such after registration;
  • xxv. ‘Family’ means Group of persons which includes husband, wife, father, mother, sister, brother, son, daughter, son-in-law, brother-in-law, sister-in-law, daughter-in-law, grandson / daughter.
  • xxvi. ‘Transfer Fees’ means the sum payable by a transferor to the Society for the transfer of his shares along with occupancy right as provided under the Bye-law No. 38(e)(vii).
  • xxvii. ‘Premium’ shall mean and include the amount payable to the Society by the Member, transferring his shares and interest in the capital/property of the Society, in addition to the transfer fee as provided under bye-law No. 38(e)(ix);
  • xxviii. ‘Working Capital’ means funds at the disposable of the Society inclusive of the paid up capital, share capital, funds created out of profits, and money raised by borrowing or by any other means.
  • xxix. ‘Authorized Person’ means a person duly authorized to take action under the provisions of this Act.
  • xxx. ‘State Co-operative Election Authority’ means an Authority constituted or nominated by the State Government for the purposes of superintendence, direction, and control of the preparation of the Electoral Roll for and conduct of the Elections of Committee of a Society or such class of Societies as may be notified.
  • xxxi. ‘Expert Director’ means and includes a person having experience in the field of Housing, cooperation and the field relating to the objects and activities undertaken by the Society.
  • xxxii. ‘Functional Director’ means and includes a Chief Executive Officer or Manager or by whatever designation called, Nominated by a Committee and discharges duties and functions as may be assigned to him by the Committee.
  • xxxiii. ‘Officer’ means a person elected or appointed by a Society to any office of such Society and includes any office bearer such as a Chairman, Vice-Chairman, Chairperson, President, Secretary, Joint Secretary, Treasurer, Joint Treasurer, Member of the Committee, Manager, and any other person elected or appointed to give directions in regard to the business of such Society.

Bye-law 4. Area of Operation

The area of operation of the Society shall be confined to

Explanation:

  1. For the Society in the Bruhan Mumbai insert City Survey no / Gate no. / Final Plot no / Ward no
  2. For the Societies at other places, insert City Survey no / Gate no. / Final Plot no / Ward / Corporation - Municipal limits / Town / Village of………………………… …….. …… …………….. Taluka ………….. …………. ……..District ………. ……….. ……..

Bye-law 5. Objects of the Society

The objects of the society shall be as under:

5(a)

To obtain conveyance from the Owner/Promoter Builder, in accordance with the provisions of the Ownership Flats Act and the Rules made there under, of the right, title and interest, in the land with building/buildings thereon, the details of which are as hereunder:

The building / buildings known / numbered as ………….. ………. ….. constructed on the plot / plots nos ……….. / Survey no. ………….. / CTS no ……………….. of ……………………………. (village/taluka) admeasuring ………….. sq. meters, more particularly described in the application for registration of the Society;

OR ( APPLICABLE FOR PLOT PURCHASED TYPE SOCIETY )

*(a) To buy or take on lease a plot or plots nos…….. …./Survey no. ………. …. / CTS no ……………… of………….. admeasuring. ………….. sq. mts. and to construct flats thereon for allotment to the Members of the Society for their authorised use.

OR

To purchase a building or buildings known as ………………… …….Constructed on the plot / plots nos / survey no. / CTS no……………………….of ……………. admeasuring……………… sq. mts.for allotment of flats therein to the Members of the Society for their authorized use.

5(b)

To manage, maintain and administer the property of the Society;

5(c)

To raise funds for achieving the objects of the Society;

5(d)

To undertake and provide for, on its own account or jointly with a cooperative or Other Institution Social, Cultural or Recreational activities;

5(e)

To provide Co-operative Education and Training to develop co-operative skills of its Members, Committee Members, Officers and Employees of the Society.

5(f)

To do all things, necessary or expedient for the attainment of the objects of the Society, specified in these bye-laws.

Bye-law 6. Affiliation of the Society to other Coop Institutions

The Society, immediately after its registration, shall become a Member of the Co-op Housing Federation of the District / Ward / Taluka, the District Central Co-operative Bank of the District, and shall pay sums, from time to time, payable by it, under the bye-laws of the respective organisations referred to above.