Ganga Nebula SPGBM Dated 6th July on Bye Law # 43

Dear Nebula - Members,

As we have a SPGBM over weekend of 6th July, sending you a Copy of Model Bye laws. Thanks to Chairman to act speedy on the matter.

Following Agenda has been put forth by MC

Link to Model By Law

http://sahakarayukta.maharashtra.gov.in/SITE/Information/byelaws.aspx
http://sahakarayukta.maharashtra.gov.in/SITE/Information/housingManual.aspx


Please feel free to post in your discussion points in a Blog so that we have a healthy and fruitful discussion on weekend.

As awareness is key to matter in discussion and one cannot just walk in and start voting what MC tells them to vote on, rather MC has to provide full facts and legal opinion on written form from our lawyer on retainer ship.

What is Model Bylaw 105, 107 , 43 and 109 ? below meeting is supposed to be in accordance to that per SPGM Agenda circulated.

Couple of quick points I want to make DDR has asked members and Chairman to follow by law 43.

1) Bye laws #43 doesn't discriminate between different forms of Sub - letters. So discussion on rules should be same for all types of Sub-Letters / tenant called Nominal members ( Students, Bachelors, married , families, rich , poor , widowers ,religion, cast , age, profession, gender ) and selection of Sub-letters is Member's right .There is a precedents in law to support the view from Honorable Supreme of India which states "Sanwarmal Kejriwal Versus Vishwa Cooperative Housing Society Ltd and ors case 1990 , in which supreme court upheld the member's right to keep a tenant of his choice. Later , in Bombay High Court ruling in 2000, Justice DY Chandrachud rejected the amendment of bylaw framed by the St. Anthony Cooperative Housing Society which wanted to restrict the membership to Christians."

2) Bye Law # 107 is being violated grossly in our society to an extent, while Active Members are present in our Society and Associate Members are not only allowed to vote in GBM or SGBM , But they are co-opted and made office bearers of MC to run there Professional Business( Real Estate Broker business) from Society office on your and mine hard earned maintenance bills. I have made repeated requests to our Chairman to rectify that at earliest as this is Conflict of Interest. I hope Chairman will not allow violators of Bye Law #107 to this meeting.




Thank You,

Ashwani Kumar

Member Ganga Nebula Cooperative Housing Society Ltd.

Sub-letting etc. of Flats

Bye Law 43

43.

(1) A member shall intimate to the society, of his intention of sub-letting of his flat and on receipt of the permission in writing of the Committee, sublet or give on leave and license basis or care-taker basis his flat or part thereof or part with its possession in any other manner under the following circumstances :

i) Where the member is required to go out of the area of operation of the society for a long duration on account of exigencies of service or business or on account of the prolonged illness;

ii) Where the member is unable to occupy the flat owing to absence of facilities for education of his children or is unable to secure admission to the school in the locality for them;

iii) Where the employer, with a view to ensure efficient discharge of duties, requires him to stay in the accommodation allotted to him by his employer;

iv) Where a member satisfies the committee about his inability to occupy or continue to occupy the flat for any other genuine reasons.

(2) No member shall be allowed by the Committee to sublet, give on leave and license basis or care-taker basis his flat or any part thereof or part with its possession in any manner unless: .

Application for permission to sub-let etc.

(i) he has intimated in the prescribed form;

(ii) he has furnished the application for nominal membership of the proposed sub-lettee, licensee,
care-taker or possessor in the prescribed form;

(iii) his application contains the undertaking that -

a. he shall, by joining the society as a party to the proceedings, initiate necessary legal proceedings against the sub-lettee, licensee, care-taker or possessor, on his failure to get vacant possession of the flat or part thereof on expiry of the period of subletting giving on leave and license or care-taker basis the flat or part thereof or parting with its possession in any other manner and meet the cost of the legal proceedings required to be incurred by the society;
b. he shall pay the charges of the society every month during the period of sub-letting, license
etc;
c. he shall pay non-occupancy charges to society.Non-occupancy charges shall be charged in
accordance with the circular issued by the Government of Maharashtra/ Commissioner for Cooperation from time to time and shall not be levied if the flat is occupied by the "Family" of the member as defined under these bye-laws.

d. Provided that while permitting sub-letting, giving on leave and license or care-taker basis the flat
or part thereof or permitting parting with its possession in any other manner, the Committee shall restrict the period thereof to 11 months or for more period as desired by the Managing Committee which may, on the request of the member be extended for similar period or part thereof from time to time.

e. Non-occupancy charges shall not be levied to the flat purchaser who is intending to become a member and who submits the documentary evidence thereof.

Bye Law107

107. At a general body meeting of the society, every Active member of the society and in his absence, his Associate member shall have one vote only. In case of equality of votes, the Chairman of the meeting shall have a casting vote. One member One vote.