New Model Bye laws-2009
By Murari Chaturvedi
The Co-operative housing societies will have new Model Bye laws, which were recently approved by the authorities. These bye laws are to be adopted by all the co-operative housing societies. For amending the bye laws can be done by passing them with a two third majority of the members. The copies of the new model bye laws can be had from the Federation and should be given to members at a cost. The provisions include that the dues of society can be recovered from the legal heirs of the deceased member and/or from the occupant in the flat in favour of third party lies without establishing the rights of the legal heirs. There is nothing new to the clause that the terrace of the society building should have access to all the members. Honorarium can be paid to office bearer for society’s work, not exceeding to 15 percent or Rs 2000 to each office bearer, which ever is lower. As for the repairs are concerned, the contract of up to Rs 100,000/- can be decided by the committee of the society with a right to give increase by 10 percent in the contract allotted to the lowest tender. A point made clear in matter of no confidence motion. It cannot be moved within a period of six months from the date of moving it against the same office bearers if the earlier no confidence motion is rejected. And the maximum penalty that can be levied cannot exceed Rs 1000/-. Further if the share capital of the society exceeds Rs 10,000/- then voting at society election has to be by secret ballot. But the most important clause that the society’s managing committee members have to give an understanding to the registrar stating they will be responsible for all the society’s finance and working, within 15 days of their election. In fact about four years back it was decided to scrap this rule, but nothing has been done to it for the reasons best known to the authorities. The new bye laws are repeated by merely changing wordings here and there. It seems that the new bye laws are nothing but simply old wine in a new bottle. What is needed is not done but simply complicating the issue, so that common man can’t understand or comprehend them and so the ‘long live corrupt regime’.