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Guidelines on Adoption, Amendments and Submission of Bye-Laws – 2014

Government of Maharashtra
Date: 12th April 2013

Subject: Revised set of Model Bye-Laws 2014 as per 97th Constitutional Amendment

CIRCULAR

1. Rule 12 (2) of the Maharashtra Co-operative Societies Rules 1961 (MCS Act) prescribes the procedure to be followed for amendment to the Bye-Laws. The said rule prescribes a condition that a Society shall give due notice in accordance with its Bye-Laws to all the members for considering any amendment thereof. The Bye-Law No. 167 in the existing Model Bye-Laws deals with the amendments to Bye-Laws. The sub-clause (i) of the said Bye-Laws says that “no Bye-Laws shall be made, altered or abrogated unless a proposal to do so has been communicated to all the members, 14 days before the General Meeting at which it is to be considered. Each member of the Society need not have to be furnished with a copy of the existing Bye-Laws and that of revised Model Bye-Laws. Instead, a copy of the existing Bye-Laws and a copy of the revised set of Model Bye-Laws proposed to be adopted at the General Body Meeting should be kept in the office of the Society for inspection by members of the Society at the convenient time. The item on the agenda of the General Body Meeting for adoption of the Model Bye-Laws should be as under.

To consider adoption of the revised set of Model Bye-Laws of 2014 introduced by the Commissioner for Co-operation and Registrar, C.S., Maharashtra State, Pune in place of the existing Model Bye-Laws of the Society.

NOTE

A copy of the existing Model Bye-Laws of the Society and a copy of the revised Model Bye-Laws proposed to be adopted at the General Body Meeting are kept in the office of the Society for inspection by members of the Society, during ____AM/PM and __________AM/PM on the days preceding the date of the General Body Meeting.

2. A proposal for amendment of the Bye-Laws is required to be submitted with five enclosures viz: enclosure I, II, III, IV and V to enable the Co-operative Housing Societies to prepare amendment proposal correctly, specimen of the above I, II, III, IV and V enclosures are given herewith. The information in enclosure I and V could be filled in from the records of the Society. The columns of the enclosure II, III and IV are to be filled to serve as per guidance. In addition to the above enclosures, the Societies will have to furnish copies of the resolution of the Managing Committee/General Body Meeting as under.

“Resolved that the Chairman Shri ___________________,
The Hon. Secretary Shri_______________________________,
and the Managing Committee member Shri _____________ _________
be and are hereby authorized to sign the proposal for amendment to Bye-Laws (i.e. adopting the revised set of Bye-Laws in place of existing Bye-Laws).

Proposed by: ______________________________
Seconded by: ______________________________
Resolution carried unanimously.

3. The proposal, adopting the revised set of Bye-Laws, in place of the existing set of Bye-Laws of the Society, should be prepared as shown in the specimen annexed to this circular letter and submitted to the Registering Authority within two months from the date of the General Body Meeting at which the resolution of adoption of the revised set of Bye-Laws was adopted. If the proposal is not submitted within the prescribe time limit, it becomes invalid and entire fresh process will be necessary. For adoption purpose the name and signature of only Chairman, Secretary and Authorized Member of the Managing Committee are necessary. Names and signature of all promoters are necessary while submitting registration proposal only.

IMPORTANT GUIDELINES TO BE FOLLOWED

1. Affix Rs.25.00 Non-Judicial Court Fee Stamp on the application.

2. Submit 4 copies of the Model Bye-Laws (to be adopted) bearing Society’s name and stamp.

3. Submit a certified copy of the existing Bye-Laws of the Society.

4. Enclose a certified copy of the Notice of the General Body Meeting in which the adoption proposal was considered and approved.

5. Submit duly singed and stamped 4 copies of Enclosure I to “IV”.

6. Submit the proposal within 2 months from the date of its approval in the General Body Meeting.

7. Minutes of Managing Committee to Authorize Office Bearers/Consultants to submit adoption forms

8. List of Committee Members & their contact details

***********************************

ENCLOSURE “I”

(On Society’s Letter Head)

(To be submitted in four copies)

We hereby certify that:

(1) The period that has intervened between the date of notice and the date of General Meeting at which the amendments have been passed is not less than the period required under the Bye-Laws of the Society;

(2) The notice has been given by the Officers empowered to the parties mentioned in the Bye-Laws and in the manner prescribed therein;

(3) The date, hour and place of the Meeting and the proposed amendments were mentioned in the notice;

(4) The original copy of the notice and agenda are maintained in the records of the Society.

For _____________ Co-operative Housing Society Ltd

Chairman Hon. Secretary Managing Committee Member

Seal/Stamp of the Society

Enclosures:

1. 4 copies of the Model Bye-Laws

2. Copy of Minutes of the General Body Meeting

3. Court Fee stamp of INR 25/-

4. Covering Note

5. Copy of last Audited Balance Sheet

6. Copy of currently Registrar approved Bye-Laws

***********************************

ENCLOSURE “II”

(On Society’s Letter Head)

(To be submitted in four copies)

1. Total number of members on the register on the date of the General Meeting……………………..

2. Number of members present at the General Meeting …………………….

3. Number of members required to constitute a quorum …………………..

Extract of the proceeding to amendments approved at the General Meeting held on ………………………….

  Original Name of the Byelaw Amended Wording of the resolution passed Approving the amendments Name of the Proposer Name of the Seconder Two third of the members Present at the meeting Members voting In favour of the amendment
    1 2 3 4 5 6
1. Bye laws No.1 to 175 “Resolved the Bye-law No.1 to 175 in the revised Set of Bye-laws Resolved that the Bye-law No.1 to 175 in the revised set of Bye-laws        
2. Appendix 1 to 28 of Various forms Appendix 1 to 28 of Various forms Appendix 1 to 28 of Various forms        
.

Appendix be &
are hereby
Adopted in
place of the
Existing Bye-laws
No. 1 to 175




              For.……………………
              Co-op. Housing Society Ltd.

 

         Chairman     Secretary     Managing Committee Member
                      Seal/Stamp of the Society

***********************************

ENCLOSURE “III”

(On Society’s Letter Head)

(To be submitted in four copies)

No. of Bye law Wording of the
Existing Byelaw
Wording of the
Amended Byelaw
Reasons for
Amendments
1 2 3 4
Bye-Laws No.1 to 175, Annexures 1 to 28 Addenda & Corrigenda to Bye-Laws, Appendixes as per Copy of the revised set of Bye-Laws, enclosed. As per copy of the existing Bye-Laws enclosed Bye-Laws No.1 to 175 Appendixes 1 to 28 Addenda & Corrigenda to Bye-Laws, Appendixes as per Copy of the revised set of Bye-Laws, enclosed. To switch over to the revised Model Bye-Laws as the present Bye-Laws of the Society are not adequate to regulate the entire working of the Society.

Copy of the revised set of Bye-Laws, enclosed

For_________________ Co-operative Housing Society Ltd.

 

Chairman Secretary Managing Committee Member

Seal/Stamp of the Society

***********************************

ENCLOSURE “IV”

(On Society’s Letter Head)

(To be submitted in four copies)

NOTE

Four separate copies of this enclosure shall be supplied. Copy of the Bye-Laws (as amended) approved at the General Meeting held on ___________201____ and/or the adjourned General Meeting/Meetings held on________________201____

No. of the
amended Bye-Laws
Wording of the Byelaws
as they would read when amended
Bye-Laws No. 1to 175,Appendix 1 to
28 to Bye-Laws,Annexure and Appendix.
As per copy of the revised set of Bye-Laws attached.

 

For _____________________ Co-operative Housing Society Ltd

 

Chairman Secretary Managing Committee Member

Seal/Stamp of the Society

***********************************

ENCLOSURE “V”

(On Society’s Letter Head)

(To be submitted in four copies)

Additional Information relating to the Society as on the date of the General Meeting;

1. Name of the Society_________________________________

2. Address, Number and Date of Registration______________ _____________________________________________________

3. Registration Number___________________________________

4. Authorised Share capital _____________________________

5. Area of operation_____________________________________

6. Date of last Audit _______________ Last Audit Classification_____ Grade

7. Rate of Interest on Borrowing: _____________

8. Rate of Interest on Lending: ___________________________

A) Deposits:

B) Loan from Central Bank: Rate of Dividend:

C) Share Subscriptions:

D) Other Borrowings:

Capital &Liabilities

Rs.

Assets

Rs.

Paid up Share Capital:
Reserve Funds:
Other Funds:
Member’s Deposits:
Current Liabilities and Provisions:
Non-Members’ Deposits:
Loan from other
Societies and
Central Bank:
Loan from Govt.
of which over dues

 

1) Investment in
a) Land & Building
b) Other Assets
c) other Societies
d) Shares of
i) Central bank
ii) other societies
iii) Other Shares

2) Loans due from members
a) of which
overdue
b) of which involved in arbitration

3) Deposits with Bank

4) Other Assets

 

Total:

 

Total:

 

a) Limit of outside borrowing as per Byelaws
____________________________________________

b) Total amount of actual outside borrowings –
____________________________________________

c) Profit/Loss for the last three years –
____________________________________________

d) Limit of Individual Loans as per Bye-Laws –
____________________________________________

For _____________________ Co-operative Housing Society Ltd

 

Chairman Secretary Managing Committee Member

Seal/Stamp of the Society

**********