It shall be open to the Society, having regard to the importance of the matter and the specific provision made thereof under the MCS Act1960, the MCS Rules 1961 and the Bye-laws of the Society, to give notice of every General body meeting and communicate the resolution or the decision, to the Members of the Society on their last known addresses, by one of the following modes:
| i | Hand delivery |
| ii | Dispatch through post office or by registered post, with or without acknowledgement due, or by email. |
A copy of such notice/communication of the decision/resolution shall be displayed on the notice board of the Society and thereupon, the notice shall be deemed to have been duly given or communication shall be deemed to have been duly made and the complaints received or made that the notice/communication was not received or was not sent to the correct address shall not affect the validity of the notice or the communication.
The meeting of the General Body of the Society may prescribe penalties for different breaches of the Bye-laws of the Society. The Secretary of the Society, under instructions from the Committee, shall bring to the notice of the Member concerned, the breach/breaches of the bye-law/bye-laws committed by him. If the Member persists in continuing the breach/breaches, the Committee shall give the notice to the Member to show cause as why the penalty should not be inflicted on him for breach/breaches of the byelaw/byelaws. The General Body Meeting, after considering the Say of the Member and after giving him hearing, may levy penalty to the extent of maximum consolidated penalty not exceeding Rs.5,000/- in any one financial year.
Save except other provision in the Act, the A.G.M / Special G.B.M. can penalize a Member for committing breaches in his Responsibilities. Such penalty should be reasonable and equal to all such erring Members. A.G.M./Special G.B.M. is empowered to frame the penalty amount. The managing committee shall recover such penalties with proper care.
No bye-law shall be made, altered or abrogated unless
| i | a proposal to do so has been communicated to all Members 14 days before the Meeting of the General Body of the Society, at which it is proposed to be considered, and, |
| ii | the resolution is passed by not less than 2/3rd majority of the Members present and voting at the meeting of the General Body of the Society, and |
| iii | the making, alteration or abrogation is Approved and Registered by the Registering Authority. |
The Society shall not let out or give on leave and license basis or permit any subletting, any open space available under the Staircases, Terraces/Open ground/Lawns/Club house/ Common Hall etc. to any person whether the Member of the Society or not, for any purpose whatsoever.
All open /common area meant for use of all Members for eg. staircase, steps, landing areas, parking spaces, lift, corridor, and such other spaces, cannot be
occupied by any Member for his own use. The use of such areas shall be restricted to the cause for which these are meant. Any Member found to be
violating the above condition by encroachment shall have to vacate the encroachment and further he/she shall pay an amount equal to five times the monthly maintenance charges per month for the period for which he/she has
encroached such spaces and further Members must not carry out any
constructions, structural changes over and above the sanctioned plan without
prior permission of the Society and Concerned Municipal Authorities /
Competent Authorities.
Also Members must use the flat /unit for purpose it was meant/sanctioned.
Any Member violating the above directives shall pay an amount equal to five
times the monthly maintenance charges, per month with retrospective effect for
the period for which such violation is existed.
Notwithstanding the provisions under the bye-law no. 168, the Committee
may allow temporary use of the terrace or available open space of the
Society's building by any Member, on his written application, for any function,
subject to such restrictions and on payment of such charges to the Society as
the meeting of the General Body of the Society may decide. The committee
may, with the previous permission of the Local Authority, if needed, allow
exhibition of advertisement boards on any part of the building including
terrace, on such terms and conditions as are approved by the General Body
Meeting any Member /Members want to install a solar energy water heating
systems or solar energy electrical system, then space shall be made available
to such Member/Members on the terrace as per availability.
The said systems may include
| i | Solar collector stand, hot water tank, cold water tank, stand for the tank and hot water pipeline etc, |
| ii | Solar Panels, battery, inverter charging controller, cabling etc. for solar energy / electricity / photo voltaic devices / renewable energy devices If any application requesting to provide space for solar / renewable energy / energy efficiency devices is received, then it shall be binding on the Society to allocate space thereof as per the availability of the space in the Society’s premises. |
The Member of the Society, requiring copies of the documents shall pay copying fees and other charges at the rates mentioned against them :
| Sr. No. | Document Name | Charges |
|---|---|---|
| 1 | Certified copy of the Approved Bye-laws of the Society | Rs5/- per page |
| 2 | Amendment of the Bye-laws of the Society | Rs5/- per page |
| 3 | Last Audited Balance Sheet of the Society | Rs10/- per page |
| 4 | Application for Membership of the Society | Rs25/- per page |
| 5 | Second and Subsequent Nomination by the Member of the Society | Rs100/- per page |
| 6 | Share Certificate of the Society(Duplicate) | Rs100/- per page |
| 7 | List of Members of the Society | Rs10/- per page |
| 8 | Correspondence / Documents (related to Member) | Rs10/- per page |
| 9 | Minutes of the General Body Meetings and Committee Meetings | Rs10/- per page |
| 10 | Indemnity Bond | Rs20/- per page |
| 11 | Copy of Annual Returns and Periodicals | Rs10/- per page |
| 12 | List of Active Members | Rs5/- per page |
| 13 | Any other document as per section 32 of the Act | Rs5/- per page |