Co-Operative Housing Society Bye Law-70,71

Co-operative Housing Society Bye-Law

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.

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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

Read other Co-operative housing society bye-laws: 

Bye-law No 1

Bye-law No 2

Bye-law No 3

Bye-law No 4

Bye-law No 5

Bye-law No 6

Bye-law No 7

Bye-law No 8

Bye-law No 9

Bye-law No 10

Bye-law No 11

Bye-law No 12

Bye-law No 13

Bye-law No 14

Bye-law No 15

Bye-law No 16

Bye-law No 17

Bye-law No 18

Bye-law No 19

Bye-law No 20

Bye-law No 21

Bye-law No 22

Bye-law No 23

Bye-law No 24

Bye-law No 25

Bye-law No 26

Bye-law No 27

Bye-law No 28

Bye-law No 29

Bye-law No 30

Bye-law No 31

Bye-law No 32

Bye-law No 33

Bye-law No 34

Bye-law No 35

Bye-law No 36

Bye-law No 37

Bye-law No 38

Bye-law No 39

Bye-law No 40

Bye-law No 41

Bye-law No 42

Bye-law No 43

Bye-law No 44

Bye-law No 45

Bye-law No 46

Bye-law No 47

Bye-law No 48

Bye-law No 49

Bye-law No 50

Bye-law No 51

Bye-law No 52

Bye-law No 53

Bye-law No 54

Bye-law No 55

Bye-law No 56

Bye-law No 57

Bye-law No 58

Bye-law No 59

Bye-law No 60

Bye-law No 61

Bye-law No 62

Bye-law No 63

Bye-law No 64

Bye-law No 65

Bye-law No 66

Bye-law No 67

Bye-law No 68

Bye-law No 69

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