| (1) |
Adoption and Governance by Model Bye‐Laws.‐ |
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(a) |
The management of every housing society, association of society, or co-operative housing association shall be governed by the bye-laws of the society approved by the Registrar. Bye-laws of the society shall form the core governance framework for the society. |
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(b) |
The Registrar of Co-operative societies shall issue the model bye-laws, for the housing society, Association of Societies and Co-operative Housing Association. |
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(c) |
Every housing society, Association of Society, or Co-operative Housing Association shall adopt the model bye-laws within three months from the date of their publication by the Registrar. |
| (2) |
Duties and functions of the Managing Committee,‐ |
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(a) |
The Managing Committee shall execute decisions taken by the general body, prepare the annual budget, maintain financial records and ensure timely audits, repairs and maintenance of the society's property. |
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(b) |
The committee may with the approval of the general body, appoint professionals, such as architects, contractors, etc., for projects of the society and for the purposes of the society. |
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(c) |
The committee shall also ensure that the Society adheres to the model bye-laws adopted by the it and perform duties as per the model bye-laws. |
| (3) |
General Body,‐ |
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(a) |
The general body shall be the supreme decision-making authority in the society and its decisions are binding on the managing committee, which is responsible for implementing them. |
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(b) |
The general body shall have the power to resolve matters that fall within its jurisdiction as per the Act, rules, Bye-laws and Government directives issued under section 79A of the Act. |
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(c) |
The annual general body meeting (AGM) shall be held every year as per the provisions of section 75 of the Act. |
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(d) |
The notice and the agenda of the annual general body meeting (AGM) shall be in accordance the provisions of the Act. |
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(e) |
The quorum for the general body meeting (AGM) shall be two-thirds of the total members or 20 members, whichever is less. |
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(f) |
If there is no quorum, within half an hour after the time appointed for general body meeting of the society, the meeting, if convened 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 and at the same place, as may have been specified in the notice, calling the general body meeting of the society or to a subsequent date, not earlier than seven days and not later than thirty days and at such adjourned general body meeting, the business on the agenda of the original general body meeting shall be transacted, whether there is requisite quorum or not. Decisions at the general body meeting (AGM) shall be passed by a majority vote of fifty-one per cent. of the total members of the society present, including those attending through video conferencing. |
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(g) |
For regular matters, a special general body meeting may be called by giving five clear days' notice. |
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(h) |
For redevelopment matters, such as selecting a developer or contractor, a fourteen clear days’ notice period is mandatory and the quorum for redevelopment-related special general body meeting shall be two-third of the total members of the society. Such meeting shall be conducted in the presence of the representative of the Registrar. Video recording of the meeting for re-development shall be made and shall be kept in custody of the Chairman and one copy of the said shall be kept in the office of the Deputy Registrar for Co-operative Societies within whose jurisdiction the society is located. |
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(i) |
A resolution for the selection of a developer or contractor for redevelopment shall be passed by a majority of fifty‐one per cent. of the total members of the society. |
| (4) |
Casual Vacancies in the Committee,‐ |
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(a) |
A casual vacancy in the committee, arising due to the death, resignation, disqualification, removal or incapacity of a member or any other reason before the expiry of their term, may be filled by the Managing Committee. |
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(b) |
The Secretary or an authorized person shall invite nominations from members by giving a seven day notice on the society's notice board. |
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(c) |
After scrutinizing the nominations the valid nominations shall be placed before the committee. |
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(d) |
If the number of valid nominations exceeds the vacancies, the committee shall fill the vacancies by majority vote. |
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(e) |
The term of the co-opted member shall be coterminous with the term of the committee members. |
| (5) |
Maintenance and repairs,‐ |
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(a) |
The managing committee is responsible for maintaining and repairing of the society property. |
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(b) |
The managing committee shall be competent to incur expenditure on the repair and maintenance of the society's property once in a financial year provided the one‐time expenditure does not exceed,‐ |
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for 1 to 25 members upto rs. 1,00,000, |
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for 26 to 50 members upto rs. 2,00,000, and |
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51 and above member upto Rs. 3,00,000. |