Co-operative housing society bye-law- Interpretation of Words and Terms

housing society bye laws

Society Bye-laws are the rules and regulations laid down for the proper and peaceful running of cooperative 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. 



Bye Law No 3. Interpretations of the words and terms 

Unless otherwise separately provided in these bye-laws, the following shall have the meaning assigned to them herein:

i.‘Act’ means the Maharashtra Co-operative Societies Act; (MCS Act) 1960.
ii.‘Bye-laws’ means Bye-Laws consistent with Act and registered under this Act for the time being in force and includes registered amendments of such Bye-Laws of the society.
iii.‘Chief Promoter’ means the person who is elected by the Promoters, in their first meeting, or in their subsequent meetings in case the post of the Chief Promoter lies vacant, till the first general meeting.
iv.‘Committee’ means the Committee of management or board of directors or the governing body or other directing body of a Cooperative Housing Society, by whatever name called, to which the management of the affairs of a Society is entrusted and vested under section 73 of the Act.
v.‘……. Days’ Clear Notice means the number of calendar days intervening between the day of posting the notice and the day of the meeting.
vi.‘Flat’ means a separate and self-contained set of premises used or intended to be used for residence, or office, or showroom, or shop, or godown and includes a garage, or dispensary, or consulting room, or clinic, or flour mill, or coaching classes, or palnaghar, beauty parlour, the premises forming part of a building and includes an apartment.
vii.‘Housing Society Federation’ means the federation of cooperative housing societies, registered and notified under the Act.
viii.‘Ownership Flats Act’ means the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act. 1963
ix.‘Papers’ means all or any of the items mentioned in the bye-laws Nos. 142 and 143.
x.‘Parking Space’ means open space within the premises of the Society earmarked by it for parking of vehicles and includes a stilt, basement, podium, mechanized parking.a.’ Parking Slot’ means demarcated and numbered individual parking slot for a single vehicle (for four-wheelers LMV or two-wheeler) within the Parking Space available with the Society
xi.‘Prescribed Form’ means the form included in the Annexure-II indicating the bye-law No. under which it is prescribed and the Appendix at which it is enclosed;
xii.‘Promoter’ means a person, who has signed the application for registration of the Society.
xiii.‘Promoter Builder’ means a person and includes a partnership firm or a body or association of person, [whether registered or not] who constructs or causes to be constructed a block or building of flats [or apartments] for the purpose of selling some or all of them to other persons, or to a company, Co-operative Society or other association of persons, and includes his assignees; and where the person who builds and the person who sells are different persons, the term includes both.
xiv.‘Rules’ means the Maharashtra Co-operative Societies Rules, 1961.
xv.‘Reserve Fund’ means the fund constituted under the provisions of Section 66(1) of the Act and the Bye-law No. 12(i).
xvi.‘Repairs and Maintenance Fund’ means the fund constituted under Bye-law No. 13(a).
xvii.‘Sinking Fund’ means the fund constituted under Bye-law No. 13(c).
xviii.‘Major Repair Funds’ means a Fund created by the Society and constituted under Bye-law No. 13 (b), for the purpose of Major Repairs including Plastering, the building of the compound wall, pavement, total painting, reconstruction.
xix.‘Municipal Act means’ the Maharashtra Municipalities Act 1965 (Mah. XL of 1965).
xx.‘Open space’ means an Area, forming an integral part of the site, left open to the sky.
xxi.‘Open terraces’ means terraces that are otherwise not in the exclusive possession of any of the Members.
xxii.‘Common Areas and Facilities’ means the land on which the building has located the foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors, lobbies, stairways, lifts/escalators, fire escapes and entrances and exits of the building;c.the basements, cellars, yards, gardens, parking areas un-demarcated / demarcated parking slots, and storage spaces. The premises for the lodging of janitors or persons employed for the management of the property;e.installations of central services such as power, light, gas, water storage and water heating, water harvesting, pump houses, refrigeration, air conditioning, generators, rooftop solar devices, common antennas and mass communication and data sharing devices;
xxiii.‘Society’ means the ………… ………… ………… Co-operative Housing Society Ltd …… …… …… registered under the Act.
xxiv.‘Member’ means a person joining in an application for the Registration of a Cooperative Housing Society which is subsequently registered, or a person duly admitted to Membership of a Society after Registration and who holds the right, title and interest in the property individually or jointly; a.’Active Member’ means. One who has purchased and owns a Flat / Unit in the Society. ii.One who attends at least one General Body Meeting of the Society in the previous five consecutive years. Provided that nothing in this clause shall apply to the members whose absence has been condoned by the General Body Meeting of the Society. iii. Who has paid the Society Maintenance Service and other charges at least once in the previous consecutive five years?
b.’Associate Member’ means a Members who holds the right, title and interest in the property individually or jointly with others, but whose name does not stand first in the share certificate;c.’Nominal Member’ means a person who does not hold the right, title and interest in the property individually or jointly admitted to Membership as such after registration;
xxv.‘Family’ means Group of persons which includes husband, wife, father, mother, sister, brother, son, daughter, son-in-law, brother-in-law, sister-in-law, daughter-in-law, grandson/daughter.
xxvi.‘Transfer Fees’ means the sum payable by a transferor to the Society for the transfer of his shares along with occupancy right as provided under the Bye-law No. 38(e)(vii).
xxvii.‘Premium’ shall mean and include the amount payable to the Society by the Member, transferring his shares and interest in the capital/property of the Society, in addition to the transfer fee as provided under bye-law No. 38(e)(ix);
xxviii.‘Working Capital’ means funds at the disposable of the Society inclusive of the paid-up capital, share capital, funds created out of profits, and money raised by borrowing or by any other means.
xxix.‘Authorized Person’ means a person duly authorized to take action under the provisions of this Act.
xxx.‘State Co-operative Election Authority’ means an Authority constituted or nominated by the State Government for the purposes of superintendence, direction, and control of the preparation of the Electoral Roll for and conduct of the Elections of Committee of a Society or such class of Societies as may be notified.
xxxi.‘Expert Director’ means and includes a person having experience in the field of Housing, cooperation and the field relating to the objects and activities undertaken by the Society.
xxxii.‘Functional Director’ means and includes a Chief Executive Officer or Manager or by whatever designation called, Nominated by a Committee and discharges duties and functions as may be assigned to him by the Committee.
xxxiii.‘Officer’ means a person elected or appointed by a Society to any office of such Society and includes any office bearer such as a Chairman, Vice-Chairman, Chairperson, President, Secretary, Joint Secretary, Treasurer, Joint Treasurer, Member of the Committee, Manager, and any other person elected or appointed to give directions in regard to the business of such Society.

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