Housing Society Bye-laws are the rules and regulations laid down for the proper and peaceful running of the co-operative housing societies. Co-operative society bye-laws are approved by the government authorities and are formed with the intention to help the societies self-regulate themselves.
Model Bye–Laws of Cooperative Housing Society
IX. LEVY OF CHARGES OF THE SOCIETY
Bye Law No 70(a) Review of payment defaults cases of Society charges
A Member shall be deemed to have committed default in payment of the charges of the Society, if the payment mentioned in the demand notice/bill is not made within the period as prescribed under Section 73CA of the Act. The Secretary of the Society shall bring the cases of defaults in payment of the Society’s charges to the notice of the Committee for taking further necessary action.
Bye Law No 70(b) In case of default by member in payment of maintenance and service charges
In case of default by Member in payment of maintenance and service charges, the committee shall initiate a recovery proceeding under as per the section 101 of The Maharashtra Cooperative Society Act 1960, which states –
Recovery of arrears due to certain societies as arrears of land revenue
(1) Notwithstanding anything contained in sections 91, 93 and 98, on an application made by a resource society undertaking the financing of crop and seasonal finance as defined under the Bombay Agricultural Debtors Relief Act, 1947, [or advancing loans for other agricultural purposes repayable during a period of not less than eighteen months and not more than five years] for the recovery of arrears of any sum advanced by it to any of its members on account of the financing of crop or seasonal finance, [or for other agricultural purposes as aforesaid] or by a crop-protection society for the recovery of the arrears of the initial cost or of any contribution for obtaining services required for crop protection society or for the recovery of the arrears of the initial cost or of any contribution for obtaining services required for crop protection which may be due from its members, or other owners of lands included in the proposal (who may have refused to become members) or by a lift irrigation society for the recovery of arrears of any subscription due from its members for obtaining services required for providing water supply to them, [or by a Taluka or Block level village artisans multipurpose society advancing loans and arranging for cash credit facilities for artisans for the recovery of arrears of its dues,] [or by a co-operative housing society for the recovery of arrears of its dues, or by a co-operative dairy society advancing loans for the recovery of arrears of any, sum advanced by it to any of its members or by an urban co-operative bank for the recovery of arrears of its dues, or by salary-earners co-operative society for the recovery of arrears of its dues, or by a fisheries co-operative society for the recovery of arrears of its dues,] [or by any such society or class of societies, as the state Government may from time to time, notify in the official Gazette, for the recovery of any sum advanced to, or any subscription or any other amount due from, the members of the society or class of societies so not notified;] and on the society concerned furnishing a statement of accounts in respect of the arrears, the Registrar may, after making such inquiries as he deems fit, grant a certificate for the recovery of the amount stated therein to be due as arrears.]
[Explanation.– For the purposes of this subsection, the expression “other agricultural purposes” includes dairy, pisciculture and poultry.]
(2) Where the Registrar is satisfied that 9 [the concerned society has failed to take action under the foregoing sub-section in respect of any amount due as arrears,] the Registrar may, of his motion, after making such inquiries as he deems fit, grant a certificate for the recovery of the amount stated therein to be due as arrears and such a certificate shall be deemed to have been issued as if on an application made by the society concerned.
(3) A certificate granted by the Registrar under sub-section (1) or (2) shall be final and a conclusive proof of the arrears stated to be due therein, and the same shall be recoverable according to the law for the time being in force for the recovery of land revenue.
(4) It shall be lawful for the Collector and the Registrar to take precautionary measures authorized by sections 140 to 144 of the 10 Bombay Land Revenue Code, 1879 or any law or provision corresponding thereto for the time being in force, until the arrears due to 11 [the concerned society], together with interest and any incidental charges incurred in the recovery of such arrears, are paid, or security for payment of such arrears is furnished to the satisfaction of the Registrar.
Bye Law No 71. Interest on defaulted charges
A Member shall be required to pay simple interest at twenty one percent per annum, or, at such lower rate as may be fixed by the General Body, on the outstanding dues to the Society, from the date the amount was due as prescribed under Bye-law no. 69, till full and final payment by the Member
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