Thursday, November 11, 2010

Special Issues

Part 7

v     Restrictions on  the playing of games in the society’s compound

As per Bye-Law No.166 the meeting of the general body of the society may, after taking into consideration the location of the building or buildings of the society and their surroundings and the open space available for playing games by the members of the society and their children, allow such games to be played during such hours as may be fixed by the meeting of the general body of the society and subject to such restrictions, charges and penalties as it may impose.

v     Restrictions on the plying of games in the society’s compound

As per Bye-Law No.166 the meeting of the general body of the society may, after taking into consideration the location of the building or buildings of the society and their surroundings and the open space available for playing games by the members of the society and their children, allow such games to be played during such hours as may be fixed by the meeting of the general body of the society and subject to such restrictions, charges and penalties as it may impose.

v     Redressal Of Complaints           
As per Bye law No.173 complaint application to be submitted to the society.

Member/Members shall submit their complaint application to any of the office bearers of the society, in writing, giving thereby the details of the complaint.

As per Bye Law No.174 after receipt of such complaint application, the committee shall take decision thereof, at the next Managing Committee Meeting. Such decision shall be communicated to the concerned member, within 15 days thereafter of the said meeting.

As per Bye Law No.175 if the Member/Members are not satisfied with the decision of the Committee, or does not receive any communication from the committee within the time specified above, he/they may approach the Competent Authorities depending upon the nature of the complaints, as enumerated below:

(i)   Registrar
     
      Matters pertaining to following issues:
     
(a)    Registration of a Society by Misrepresentation
(b)    Non-issuance of the Share Certificate
(c)    Refusal of Membership
(d)    Non-registration of Nomination by the society
(e)    Non-occupancy charges
(f)      Demand of excess premium for transfers
(g)    Non supply of the copies of record and documents
(h)    Tampering, suppression and destruction of the records of the Society
(i)      Non acceptance of the Cheques or any other correspondence by the committee
(j)      Non maintenance or incomplete maintenance of records and books of the society
(k)    Non preparation of the annual accounts/reports within the prescribed period
(l)      Misappropriation/Misapplication of the funds of the society
(m)  Defaulter/Disqualified member on the committee
(n)    Investment of Funds without prior permission
(o)    Reconciliation of Account
(p)    Audit
(q)    Non conducting of election before expiry of the term of the committee
(r)     Rejection of Nomination
(s)     Non calling of General Body Committee within prescribed period
(t)      Non calling Managing Committee as prescribed in Bye-laws
(u)    Resignation by the Committee
(v)    Any other like matters which fall within the jurisdiction of the Registrar

(ii)   Co-operative Court
Disputes between the members and/or the members and society, which falls under Section 91 of the Act, such as:

Disputes pertaining to:

(a)    Resolutions of the Managing Committee and General Body
(b)    The election of the Managing Committee, except the Rejection of Nominations, as provided under Section 152-A of the Act
(c)    Repairs, including major repairs, internal repairs, leakages
(d)    Parking
(e)    Allotment of Flats/Plots
(f)      Escalation of construction cost
(g)    Appointment of Developer/Contractor, Architect
(h)    Unequal water-supply
(i)      Excess recovery of dues from the members
(j)      Any other like disputes which fall within the jurisdiction of the Co-operative Court

(iii)   Civil Court
Disputes pertaining to:

(a)       Non compliance of the terms and conditions of the Agreement, by and between the Builder/developer
(b)       Substandard Construction
(c)       Conveyance
(d)       Escalation of construction cost
(e)       Any other like disputes which fall within the jurisdiction of the Civil

(iv)              Corporation/Local Authority
Matters pertaining to:

(a)    Unauthorised construction/additions/alterations, made by builder/ member/ occupant of the flat
(b)   Inadequate water supply to the society
(c)    Change of use by the members/occupants
(d)   Building’s structural problems
(e)    Any other like matters which fall within jurisdiction of the Corporation/local Authority
(v)                Police
Matters pertaining to:

(a)  Nuisance carried on by the unauthorized use of the Flat/Shop/Parking space/Open space in the society, by the members, builder, occupants or any other persons

(b)   Threat/Assault by or to the members of the Society 
(c)    Any other like matters which fall within the jurisdiction of the Police.

(vi)              General Body
Matters pertaining to:

(a)                 Non-maintenance of the property of the Society by the managing committee
(b)                Non-display of the name of the society on the Board
(c)                 Levy of excess Fine by the managing committee for an act of a member which is in violation of the Bye-laws
(d)                Not allowing the authenticated use of the available open spaces of the society by the managing Committee
(e)                 Non-insuring the property of the Society by the managing committee
(f)                  Appointment of architect
(g)                 All other like matters which fall within the jurisdiction of the General Body

       (vii)  Federation                                                                                                                                            Matters pertaining to:
                 
(a)    Not allowing entry to the Secretary of the society, by the members
(b)   Non acceptance of any communication by the member/ managing committee
(c)    Convening Special General Meeting provided under Bye-law No.97 and Managing Committee meeting provided under Bye-law No.133
All other like matters 

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