Dsouza
I am the secretary of SUGANDH CHSL located at Dahisar West. Our society is having AGM on 13th September 2015 and one of the agenda is to adopt New Model bye law. Can you guide us on the process of adopting the same and also let us know the benefits and non-benefits of the new Model Bye laws. It will be an added knowledge to us if you can also let us know the follow up with the Registrar after adopting the same.
Thank you sir, and awaiting you kind reply at the earliest.
I C Naik
Adopting Model Bye-Laws is the same thing as amending the registered bye-laws of the housing society. Law & Procedure to amend Bye-Laws is to be found in the MCS Act 1960 (Section 13), the MCR 1961 (Rule 12) and Bye-Laws 166/167 (Model 1984/20017& 2009). Articles 243ZM(3) and 243ZP also directs every society to appoint auditor in general body meeting and file annual return of certain specified information in the Article 423ZP. We will cover all these very briefly.
1.Unless registered by the Registering Authority no amendment is valid.
2.No amendment of the bye-laws of a society shall be registered by the Registrar if the amendment is repugnant to the policy directives, if any, issued by the State Government under section 4.
3.Procedure:
a.A resolution at a general body meeting of the society convened for that specific purpose with a notice of not less than 14 days must be passed by not less than 2/3 of the members voting on the motion.
b.A copy of the resolution shall be furnished to the Registrar within a period of two months from the date of passing along with:
i.a copy of the old bye-law and amendments proposed thereto stating reasons justifying such amendments.
ii.four copies of the text of the bye-laws as it would stand after amendment, signed by the officers duly authorized in this behalf by the committee of the society;
iii.a copy of the notice of the meeting sent to the members
iv.such other information as may be required by the Registrar.
c.If the Registering Authority is satisfied that the amendment is not contrary to the Act or the rules and is in the interest of the society and co-operative movement, he may register the amendment and issue to the society a copy of the amendment certified by him.
Model 2014 should be registered by the Registering Authority immediately as he needs no time to examine it.
Thomas Dsouza wanted to know “the benefits and non-benefits” of the new Model Bye laws.
The benefit is the day to day regulations of managing housing society under this model are claimed to be fully aligned to 97th Constitutional Amendment and Maharashtra cooperative societies (Amendment) Act 2014, updated MCR 1961 and the Maharashtra Co-operative Societies (Election to Committee) Rules, 2014. The managing committee / Hon. Secretary/ Chairman are not required to refer to above four documents every now and then. The reason is several of the Bye-Laws registered as per earlier models have become inoperative and new ones have come in to operations on account of changes made by the above four. This is a huge benefit of managing housing society without fear of non-compliance.
Non-benefit wise, several Bye-Laws in this model are flawed as brought out in several Articles posted by me on www.indaincooperative.com over past few months commencing January 27 2015 One can click the following URl to find part 1 of 8 parts.
https://www.indiancooperative.com/nchf-2/maharashtra-understanding-new-model-bye-laws-part-1/
My suggestion is adopt, register and soon amend 2014 Model Bye-Laws to manage your society better.