Special Issues

Part 3

Q.2   Whether NOC from police is required before giving flat on leave and License?

Ans.  Yes, NOC from police is required before giving flat on leave and License.

Q.3 What documents and Q.5   Sub-letting of Flats

(i)     General

As per Bye-law No. 43 a member may, apply to the society in the prescribed form for permission to sub-let his flat and on receipt of the permission in writing from the Committee, the member may 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:

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

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

(c)    Where the member’s employer, with a view to ensure efficient discharge of duties, requires the member to stay in the accommodation allotted to him by his employer;

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

(ii)  Procedure

No member shall be permitted by the Committee to sub-let, 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:

(a)  He has made an application in the prescribed form;

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

(c)    His application contains the undertaking that:

(1)   He shall, by joining the society as a party to the proceedings, initiate necessary legal proceedings against the sub-letter, licensee, care-taker or possessor, on his failure to get vacant possession of the flat or part thereof on expiry of the period of sub-letting, giving on leave and license or care-taker basis the flat or part thereof or parting with its possession in any other manner and he shall meet the cost of the legal proceedings required to be incurred by the society;

(2)   He shall pay the charges of the society every month during the period of sub-letting, license etc;

(3)   He shall pay non-occupancy charges to the society. Non-occupancy charges shall be charged in accordance with the circular issued by the Government of Maharashtra/Commissioner for Co-operation 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.

(iii)  Time Limit

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 more 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.

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