First of all I am asking a repetitive question. But request you to let me know details. Also let me know when you would publish the answer so that i can use it for the purpose.
My Question
- as per your blog on Do we need to adopt new bye laws?
- there is no need to adopt new bye laws but there is need to comply to them
- do let me if this is correct.
- Except for water charges, all other expenses of society should be divided equally among members?
- is this true and what is rule no and law for this?
- Is this applicable to all societies like CHS or apartments?
- if managmement committe is not listening to this then what is the solution, consumer court or any other legal option
I C Naik
1.No Cooperative Society is required to adopt compulsory new bye law Model . If the Commissioner for Cooperation and the Registrar of Cooperative Societies ( the CCRS) puts it in writing that a particular “Model “ has been specified as bye-laws for such type of societies or class of societies, in exercise of a new power so conferred on him under 2nd Proviso to Section 14(2) of the MCS Act 1960 then also there is no need to adopt because that Model is the bye-law of such society or class of societies instantly replacing the registered bye laws. The Proviso reads as under:
“Provided further that, the Registrar may specify the Model bylaws, for such type of societies or class of societies, as he may deem fit:”
2.Registered bye laws of every housing society are valid, subject to a tricky situation that none of the bye-laws should be found in conflict with provisions of any of those listed under 1-6 below. Provisions of each higher up in the hierarchy supersedes the conflicting provision of the lower one the Constitution of India being a supreme document for each and every Indian law.
a.The Constitution (97th Amendment ) Act 2011
b.Supreme Court Judgments being in the nature of law
c.The Maharashtra Cooperative Societies Act 1960[1]
d.The Maharashtra Cooperative Societies Rules 1961[2]
e.Maharashtra Co-operative Societies (Election to Committee) Rules, 2014.[3]
f.Orders issued by the State Government u/s 79A[4] of the MCS Act 1960
g.Registered bye laws of your housing society
The Society must comply with provision of any of the above discarding a conflicting bye-law provision. One illustration should suffice:
Under different Models strength of the Committee is varying. Reservation are also varying. In 2001 1nd 2009 Models only 1 seat is reserved for women members of a housing society. Now as Section 73C of the MCS Act 1960 mandates reservation 2 seats out of the total strength as per registered bye laws one general seat is reduced and 1 seat reserved for women has to be increased.
3.Two other issues are:
a) Water Charges and
b) the management committee does not listen.
c) The answers are in registered bye laws of your housing society. Please buy a copy from the Secretary at a copying cost of Rr 100. Do not accept it unless the Hon. Secretary certifies under his signature and stamp of the Society that it is a copy of registered bye laws in force on the date of certification.
d) Basis of charging every expense is fixed under bye-laws.
4.Where the management committee does not listen requisition a special general body meeting as provided in bye-laws and put up the issues for voting. General body is a Supreme body and final authority rests with it. Look at this provision in the MCS Act 1960 namely Section 72. Section 72 – Final authority of society
“Subject to the provisions in this Act and the rules, the final authority of every society shall vest in the general body of members in general meeting, summoned in such a manner as may be specified in the by-laws.”
[1] As amended by The Maharashtra Cooperative Societies (Amendment) Act 1913 w.e.f 14 2 2013
[2] The Maharashtra Cooperative Societies (Amendment ) Rules 1914 w.e.f. 30 8 2014
[3] https://consumerresourcesin.files.wordpress.com/2014/10/election_rules_final.pdf 11 9 2014
[4] See Housing Manual:
https://sahakarayukta.maharashtra.gov.in/site/upload/documents/Housing%20Manual%202012%20English.pdf