By Legal Bureau
Subject to the directions given or regulation made in the meeting of the General Body of the society, the committee shall exercise all powers expressly conferred on it and discharge all functions entrusted to it including:-
- To consider acceptance of deposit and raising of loans {Bye-Laws No. 11}
- To consider and recommend to the meeting of the General Body, the rates of contribution to the Repairs and Maintenance Fund and Sinking Fund{Bye-Laws No. 13(a) and 13(c)}
- To consider all matters relating to the creation, investment and utilization of the repairs and Maintenance Fund, Reserved Fund and Sinking Fund{Bye-Laws Nos. 12(i) and (ii), 14 (a),(b) and (c ), 15}
- To consider and decide the resignations received from members, associate members and nominal members{Bye-Laws Nos. 27 to 30}
- To ensure that nominations and revocations thereof recorded in the minutes of the meeting of the committee{Bye-Laws No.33}
- To take action on the report of the secretary on inspection of the flats{Bye-Laws No. 48 (b)}
- To take action on cases of cessation of membership, including associate and nominal membership{Bye-Laws No. 61}
- To consider and decide the applications for various purpose/s received by the society{Bye-Laws No. 65}
- To consider and decide cases of refund of shares and interest in the capital/ property of the society where the shares and interest in the capital/property are acquired by the society{Bye-Laws No. 66}
- To fix the rate of insurance premium in respect of commercial use of the flats{Bye-Laws No. 69 (a) (xi)}
- To fix in respect of every flat the societies charges on the basis of the proportion laid down under the bye-laws 69(a) {Bye-Laws No. 69 (b)}
- To receive the position of recovery of the charges due to society from members and to initiate action against defaulting members{Bye-Laws No. 71}
- To verify compliance of the provisions relating to charging of interest on defaulted charges of the society{Bye-Laws No. 72}
- To authorize a member of the committee to attest deed of conveyance, share certificates and any other documents to which the seal of the society is affixed{Bye-Laws No. 74}
- To issue letters of allotment of flats to those who have purchased flats from the Promoter/builder{Bye-Laws No. 76(a)}
- To ensure holding of every annual meeting of General Body within the prescribed period{Bye-Laws No. 95}
- To ensure that all maters required to be considered at an annual meeting of the General Body are kept on the agenda of the meeting{Bye-Laws No. 96}
- To call a special meeting of the General body when required{Bye-Laws No. 97}
- To arrange for election of a new committee prior to the expiry of the period of the existing committee. {Bye-Laws No. 116 (a)}
- To elect office bearers of the society{Bye-Laws No. 126(a)}
- To ensure that the meeting of the committee is held once in a month{Bye-Laws No. 128}
- To fill in vacancies of the committee{Bye-Laws No. 129}
- To consider resignation of a member of the committee{Bye-Laws No. 131}
- To consider resignation of a office bearers of the society{Bye-Laws No. 132 (c ) (d)}
- To obtain securities from the paid employees of the society{Bye-Laws No. 148}
- To approve the audit rectification reports of statutory and internal audits and to forward them to the authorities concern{Bye-Laws No. 154}
- To execute deed of conveyance of the land and Building/s thereon{Bye-Laws No. 155(b)}
- To take step to maintain the property of the society in good condition and to carry out repairs to it and renewals thereof{Bye-Laws No. 156 and 159}
- To ensure the property of the society{Bye-Laws No. 161}
- To suggest to the General Body meeting the rates of penalty for breaches of Bye-laws and to issue show cause notice{Bye-Laws No. 166}
- To regulate operation of lift of the society{Bye-Laws No. 168}
- To suggest to the meeting of the General Body the games to be allowed to be played in the compound of the society{Bye-Laws No. 169}
- To consider and decide any other matter provided under the Act, the rules and the Bye-laws of the Society but not expressly indicated herein above.
Cidco sold tender plot to builders. Builders constructed bldg and sold flats. Socy registration certificate obtained. Afterwards one member sold his flat, who applied for home loan from ICICI BANK. The bank demanded noc from society. Socy gave noc for mortgaging the flat. Bank also wants noc from Cidco. When this is tender plot and Agreement to Lease is there between Buildernd Cidco, then in this whether Noc from Cidco is necessary though Noc from registered Socy is obtained. Whether Bank’s demand for Cidco noc is redundant. Please clarify. Whether Noc from Registered Socy is enough for the Bank to disburse the sanctioned home loan in full.
can a committe member of a housing society do a bussiness of Tv cable with members of society should the committee member resign from committee of a cooperative housing society if he is staying in that particular society of which he is a committe member when this committee member is continuing doing bussiness of tv cable in society can this committe member be remoced from societys managing committee if it can be removed then under which section of byelaws he is disqualified accordingly by cooperative housing society act
i have ownership shop in chs ltd.i want to give it for selling of chicken on leave and license basis.but society is not giving me NOC
for this.please give me some solution.there are two more chicken shops but they have no NOC.