ACCODING TO NEW BYE LAW : A member will not have the right to sell a parking space that has not been purchased by him at the time of transfer of shares Bye-Laws | 77
THIS NEW GIMMICK, TRICK, IDEA OR MISCHIEF HAS BEEN DONE IN NEW BYE LAWS TO BENIFIT THE MEMBERS WHO HAVE ILLEGALLY PURCHASED THE PARKING SPACE FROM THE BUILDER. BECAUSE AFTER SUPREME COURT ORDER THAT BUILDER HAS NO RIGHT TO SELL THE PARKING SPACE THE CHAIRMAN OF MCHI SUNIL MANTRI AND BUILDER LOBBY WAS PUTTING THE PRESSURE ON MAHARASHTRA GOVT TO AMEND THE BYE LAWS IN THEIR FAVOUR AND I THINK THEY HAVE SUCCEDDED PARTIALLY. BUT AGAIN WITH THIS NEW BYE WILL GIVE BIRTH TO NEW CONTRAVERCIES IN THE SOCIETY. BUT NOBODY IS ABOVE LAW AND ACCORDING TO SUPREME COURT ORDER BUILDER CANNOT SELL PARKING SPACE EVEN BEFORE OR AFTER THE FORMATION OF SOCIETY. AS PUBLISHED IN TIMES OF INDIA ON 21-12-2010 IN TIMES CITY
State wants housing societies TO TAKE UP MORE SELF-RULE
Sections included in bye-laws governing child labour,rights of heirs,disaster management & other important society issues
Clara Lewis | TNN
The state cooperation department has made it mandatory for all housing societies to self-regulate themselves across a range of issues.For example,societies must ensure that no child below the age of 14 is employed on the societys premises or in any flat.
In a series of new inclusions to the existing bye-laws which govern the internal regulation of a society the government has made housing societies responsible for the implementation of several regulations.
In case a society discovers that child labour exists on its premises,it must immediately contact the labour commissioners office or social service organizations.The labour commissioner can then continue with the case and the guilty party could be penalized with a fine of up to Rs 20,000 and /or a jail term of up to a year.The states Model Housing Society Bye-laws have been changed after nearly a decade,with 30% more regulations being included.Lawyer and housing expert Vinod Sampat said the new inclusions were long awaited.They were to be introduced in 2009,but now it has finally happened.It is a progressive step and requires more participation from the society members in running the society, he added.The running of housing societies is governed by the Maharashtra Cooperative Societies Act,1960.With the increase in the number of housing societies in the state it is estimated that there are around 60,000 societies in Mumbai the state clearly feels that self-regulation is the best regulation.Societies will have to protect the rights of legal heirs by ensuring that a flats nominee does not create third-party rights without paying attention to the heirs rights.This will especially help in cases where a widow could be thrown out of her house.The new clause restricts the rights of the nominee, said Sampat.Societies must also prepare their own disaster management plans.Officials said this is necessary because many societies do not maintain basic safety features,like fire hydrants,clear staircases,etc.Each society will have to maintain important telephone numbers,including those of the members and disaster management officials.
The onus of redevelopment has also been placed on societies.Often,residents realize that the building cannot be maintained,but they refuse to take a call on redeveloping it until it is too late.If it is in the bye-laws,at least people will discuss and debate the issue, said a source.What was earlier a police circular has now been incorporated in the bye-laws.Societies must inform the police about new tenants.
If a flat owner dies without paying all society dues,these can be recovered from the legal heirs and /or the occupant.With members enclosing open spaces for which the society is charged,the bye-laws say that all members must have access to an open terrace.Though the Maharashtra Cooperative Societies Act,1960,made it mandatory for women to be on a managing committee,the new byelaws allow for a male member if no woman is willing to be on the committee.Its contrary to the Act,so it is surprising such a byelaw is introduced, said a source.Societies must respond to queries from members within a fortnight.
The New House Rules
Society should ensure that children below the age of 14 are not working on the societys premises,including in
any flat.Maximum fine of 1 year prison and/or Rs 20,000 in fine for the individual hirer Bye-Laws | 49(b) & 153(c)
A flats nominee cannot create an interest in favour of third parties without establishing the rights of the legal heirs of the owner Bye-Law | 34
Society dues can be recovered from the legal heirs of a deceased member and/or the current occupant Bye-Laws | 70(b)
A member will not have the right to sell a parking space that has not been purchased by him at the time of transfer of shares Bye-Laws | 77
Amounts above Rs.1,500 should be paid to the society by accountpayee cheque only Bye-Laws | 138
Monthly honorarium that can be paid to each office-bearer should not exceed 15% of the societys income or Rs.2,000,whichever is lower Bye-Laws | 141(b)
If the share capital of a society exceeds Rs.10,000,then voting has to be by secret ballot at the time of elections in the society Bye-Laws | 108(a)
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Saturday, December 25, 2010
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