Rights, Restrictions, responsibilities and Liabilities of Member

By Harish G. Bhatia
Advocate & Professor of Law

Rights, Restrictions, responsibilities and Liabilities of Member

A Professional office can be allowed in a Purely Residential Zone, as per D.C. regulations for Gr Bombay, 1991

As per Regulation No. 51(iv) of the D.C. Regulations for Gr. Bombay, 1991, in case of Purely Residential Zone (R-1 Zone) apart from residential use, Professional offices and studies of a resident of the premises and incidental to such residential use, or medical and dental practitioners dispensaries or clinics of a resident of the building with only out patient treatment facilities without any indoor work, each not occupying a floor area exceeding 30 sq.m, is allowed.

A Medical or Dental Practitioner’s dispensaries etc, can be allowed in a Purely Residential Zone, as per D.C. regulations for Gr. Bombay, 1991
As per Regulation No. 51(ii) of the D.C. Regulations for Gr. Bombay, 1991, in case of Purely Residential Zone (R-1 Zone), apart from residential use, the medical and dental practitioners’ dispensaries or clinics, including pathological or diagnostic clinics with a restriction of one dispensary or clinic per building can be permitted on the ground floor, on the floor just above the stilts or on the first floor.
A Nursing Homes / Polyclinics Maternity Homes and Medical Practitioners / Consultants etc., can be allowed in Purely Residential Zone, as per D.C. Regulations for Gr. Bombay, 1991
As per Regulation No. 51(iii) of the D.C. Regulations for Gr. Bombay, 1991, in case of Purely Residential Zone (R-1 Zone), apart from residential use, nursing homes, polyclinics maternity homes and medical practitioners/consultants in different disciplines of medical sciences in independent buildings or independent parts of buildings one the ground floor, floor 1 and floor 2 with separate means of access / staircase from within the building or outside, but not within the prescribed marginal open spaces in any case, and with the special permission of the Commissioner, is allowed.
A Flour Mill can be allowed in a Purely Residential Zone, as per D.C. Regulations for Gr. Bombay, 1991
As per Regulation No. 51(xvi) of the D.C. Regulations for Gr. Bombay, 1991, in case of Purely Residential Zone (R-1 zone), apart from residential use, flour mills, with the special permission of the Commissioner, if (a) they are in a single storeyed detached or semi-detached structure, and (b) their power requirement does not exceed 7.5 K.W. each, is allowed.

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Case laws on Maharashtra Co-operative Societies Act, 1960

Case laws
Addition and / or Alteration
Registered Bye-laws of the Society – Society can prevent the member from carrying out the structural alterations without its consent
“But in the case, noticed that the regulations are described as Form ‘A’ annexed to Schedule 4 and the said Schedule 4, it can be seen, are manifestly part and parcel of the Bye-laws. By a simple process of logical ratiocination, it must followed that the Regulations form part and parcel of the Bye-laws. The Bye-laws are registered by the Registrar, they are signed by the requisite number of members of the Society. The regulation of the bye-laws by the Registrar and the adoption of the bye-laws by the Society must result in registration of the regulations and adoption of the regulations by the Registrar and the Society, respectively. This would be position ipso facto and I find scant justification for taking any other view.
The disputant member agrees that he will not bring about structural alterations in the flat allotted to him without the consent of the Society. The step taken by the Society to prevent the member from carrying out the structural alterations without its consent is therefore, a perfectly legitimate step.” [M/s. Sai Chhaya C.H.S. Ltd., vs. Municipal Corp. of Gr. Bombay., reported in 1996 C.T.J. 318 (Bom. H.C.)].





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4 thoughts on “Rights, Restrictions, responsibilities and Liabilities of Member

  1. Flat is jointly owned by 2(two)person. My question is can second name holder can attend, speak and cast his vote in society’s meeting ? Is there is any provision in the society’s bylaws ?

  2. We have a open plot purchased by our dad. After his death now we are three brothers. One of ours is thinking to construct a simple house there and to used by all three of us. For construction he is seeking loan and for that purpose he needs the plot to be in his name. We do not have any objection for transferring the plot in his name. What is the solution to transfer this in his name can this be done by Release Deed?

  3. can a flour mill run in a residential property without taking N.O.C. of the owners of the said property which is in a dilapitated condition. Can the BMC renew its licence without the owners NOC.

  4. in a mumbai residence co-op premise, me+my wife are as joint member,

    but as per AGM can 1 person (proxy) decide in the amicably way by managing committee plus all members

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