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Role and Responsibilities of the Chairman in Cooperative Housing Society
The Chairman of the Society shall have the power of overall superintendence, control and guidance in respect of management of the affairs of the Society within the frame-work of the MCS Act 1960, Rule 1961 and the Bye-laws of the Society. In case of any emergency, the chairman of the Society may be competent to exercise any of the powers of the committee.
However, while doing so he shall record the reasons thereof in writing. Any decision, so taken by the chairman of the Society shall be got ratified in the next meeting of the Committee.

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Powers, duties and functions of the Secretary of the Society

1) To issue share certificate to Members within the stipulated period and the prescribed manner.(Bye Law No. 9 & 10)
2) To deal with resignations from Members including associate and nominal Members.(Bye Law No. 27 to 30 )
3) To enter nominations and revocations thereof in the Nominations Register.(Bye Law No. 32 & 33)
4) To inspect the property of the Society.(Bye Law No. 47(a) )
5) To issue notices regarding repairs to be carried out in flats.(Bye Law No. 47(b)(c ) )
6) To deal with cases of expulsion of Members.(Bye Law No. 49 & 54)
7) To deal with cases of cessation of Membership including associate and nominal Membership.(Bye Law No. 55 )
8) To deal with the applications for various purposes received by the Society.(Bye Law No. 63)
9) To prepare and issue demand notices/bills for payment to the Society's charges.(Bye Law No. 69 )
10) To bring cases of defaults in payment of the Society's charges to the notice of the Committee.(Bye Law No. 70 )
11) To issue letter of allotment of flats.(Bye Law No. 75)
12) To issue notices and agenda of all meetings of the general body.(Bye Law No. 98 )
13) To record the minutes of all the meetings of the general body.(Bye Law No. 108)
14) To call the first meeting of the newly constituted committee.(Bye Law No. 122(b))
15) To issue notices of all the meetings of the Committee.(Bye Law No. 132)
16) To attend meetings of the Committee and to record minutes thereof.(Bye Law No. 136)
17) To maintain accounts books, register and other records, unless otherwise decided by the committee.(Bye Law No. 143 )
18) To finalize account of the Society in the required manner.(Bye Law No. 146(b))
19) To produce records of the Society before different authority concerned with the working of the Society with the consent of the Chairman.(Bye Law No. 152)
20) To prepare the audit rectification reports in respect of audit memos received from the Statutory and internal Auditors.(Bye Law No. 153)
21) To bring breaches of the Bye-laws by the Members of their notices under instructions from the committee and Penalties there to.(Bye Law No. 165)
22) To discharge such other functions under the MCS Act 1960 the MCS Rules 1961 and the Bye-laws of the general body meetings, as are not expressly mentioned hereinabove.
23) To place the complaint application with facts before the committee, in the coming meeting.(Bye Law No. 173)










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Last date of Finalize the Book Of Accounts in Housing Society |

Bye – Law No. : 146
a) Within 45 days of the close of every co-operative year, the Secretary of the Society or any other person, authorized by the Committee in that behalf, shall finalize the accounts of the preceding co-operative year, prepare the Receipts and Payments Statement, the Income and Expenditure Statement for the said year and the Balance Sheet as at the close of the said year in the forms prescribed under Rule 62(i) of MCS Rules 1961 along with the list of Active Members and Non-Active Members as at the close of the preceding co-operative year, with amounts to their credit in the share capital account and deposits, if any, the schedules of investments, the debtors, the creditors, the furniture, the fixtures and the office equipment etc.

b) The Society shall prepare and file Annual Returns as prescribed in the Act & the Rules.
The Society shall file Annual Returns on or before 30th September of every year with the Registrar including the following matters, namely
i. Annual Reports of Societies activities.
ii. Societies Audited Statement of Accounts;
iii. Plans for surplus disposal as approved by the General Body of the Society;
iv. List of amendments to the Bye laws of the Society, if any;
v. Declaration regarding date of holding of its General Body Meeting and conduct of elections when due;
vi. Any other information required by the Registrar in pursuance of any of the provisions of the Act.
vii. List of Active and Non-Active Members.
viii. Every Society shall also file a Return regarding the name of the Auditor or Auditing Firm from a Panel Approved by a State Government in this behalf, appointed in the General Body Meeting together with his written consent within a period of one month from the date of Annual General Body Meeting.
ix. If the Society fails to intimate and file the Returns as provided by section 75(2A) and section 79(1B), the Registrar may cause Societies accounts to be audited by appointing an Auditor from the panel of Auditors.
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Notice Board in housing society Bye – Law No 164
The Society shall have its Notice Board, fixed at a conspicuous part of the building/s, on which shall be exhibited all notices and communications referred to in the bye-law No.162 (a), the Statement of Accounts, the Annual Reports of the Committee, and other matters, of which Notices are required to be given to all the Members of the Society under the MCS Act 1960 and, the MCS Rules1961 and the Bye-laws of the Society. If there is more than one building, the similar Notice Board shall be fixed in all the buildings.

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Minutes of Meetings in housing Society Bye – Law No. 136 :
The Secretary of the Society shall attend every meeting of the committee and record its minutes and place the same for confirmation before the next meeting of the committee, after the minutes are signed by the Secretary of the Society and the chairman of the meeting.
In the absence of the Secretary, the Chairman of the Society shall make alternate arrangement for recording minutes of the meeting.

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Penalty for Encroachment in Housing Society Bye – Law No. 169(a) | Encroachment by Member in society
All open /common area meant for use of all Members for eg. staircase, steps, landing areas, parking spaces, lift, corridor, and such other spaces, cannot be occupied by any Member for his own use.
The use of such areas shall be restricted to the cause for which these are meant. Any Member found to be violating the above condition by encroachment shall have to vacate the encroachment and further he/she shall pay an amount equal to five times the monthly maintenance charges per month for the period for which he/she has encroached such spaces and further Members must not carry out any constructions, structural changes over and above the sanctioned plan without prior permission of the Society and Concerned Municipal Authorities / Competent Authorities.
Also Members must use the flat / unit for purpose for which it was meant / sanctioned.
Any Member violating the above directives shall pay an amount equal to five times the monthly maintenance charges, per month with retrospective effect for the period for which such violation existed

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Encroachment of common area by Member of society & Letting out common spaces in society Bye Law 169

Bye – Law No. : 169 : Letting out common spaces in society
The Society shall not let out or give on leave and license basis or permit any subletting, any open space available under the Staircases, Terraces/Open ground/Lawns/Club house/ Common Hall etc. to any person whether the Member of the Society or not, for any purpose whatsoever.

Bye – Law No. : 169(a) : Penalty for encroachment of common area
All open /common area meant for use of all Members for eg. staircase, steps, landing areas, parking spaces, lift, corridor, and such other spaces, cannot be occupied by any Member for his own use.
The use of such areas shall be restricted to the cause for which these are meant. Any Member found to be violating the above condition by encroachment shall have to vacate the encroachment and further he/she shall pay an amount equal to five times the monthly maintenance charges per month for the period for which he/she has encroached such spaces and further Members must not carry out any constructions, structural changes over and above the sanctioned plan without prior permission of the Society and Concerned Municipal Authorities / Competent Authorities.
Also Members must use the flat / unit for purpose for which it was meant / sanctioned
Any Member violating the above directives shall pay an amount equal to five times the monthly maintenance charges, per month with retrospective effect for the period for which such violation existed
Penalty for encroachment
Letting out common spaces in society
Penalty for encroachment of common area

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Bye – Law No. : 143
Unless otherwise decided by the Committee, it shall be the responsibility of the Secretary of the Society to maintain and keep up-to-date the Account Books, Registers and other Records mentioned under the Bye-law Nos. 141 and 142.

Responsibility for maintaining records in society Bye Law 143 | Who is responsible for records CHS | Who is responsible for maintain the records in Housing Society?
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CONVEYANCE DEED CANCELLED | True or Fake News? | Co-Operative Housing Society

Clarifications
1) There are no cabinet decision and nothing to do with conveyance or deemed conveyance of the land and hence conveyance is cancelled is fake and misleading news spreading by some people.
2)The land owner has to convey the land in the name of the housing society and the builder/developer has to convey the title of building in the name of CHS and these are the provisions which are there in MOFA Act and RERA Act as well.
3)All Co Op Housing Society has to go for the conveyance because this is one of society object as per the Model Bye laws No – 5(a).
4) Conveyance deed provision is already in MOFA, MCS Act 1960 and Model Bye laws 2014 , RERA Act therefore if it has to get cancelled then first all these acts needs to be amended .
5)The misleading information is circulated to create confusion among flat owners and to see it, many society will postponed conveyance deed, so please do not get misguided and get your conveyance deed as soon as possible.

So, Dear friends, Ignore this misleading WhatsApp post and do not circulate it, If you yourself is not sure and in doubt. Further request to take professional service from any advocate and start your society conveyance deed process.









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Rights & Duties of a Member in Housing Society | MCS Amendment ACT : 154B - 10

(1) A Member shall be entitled to exercise such rights as provided under this Act, rules and bye-laws.
(2) Every Member of a housing society, whether registered before or after the commencement of the Maharashtra Co-operative Societies (Amendment) Act, 2019, to whom plot of land or dwelling units have been allotted, shall be issued certificate of allotment by the co-operative housing society under its seal and signature in such form as may be prescribed.
Subject to the provisions of the Transfer of Property Act, 1882 or the Registration Act, 1908, any allotment (including re-allotment), of a plot of land or dwelling unit in a building of a co-operative housing society to its Member as per terms of allotment shall entitle such Member to hold such plot of land or dwelling unit with such title, right and interest, as the case may be.
(3) Except when there is a contract to the contrary, a Member of co- operative housing society shall not be entitled to any title or interest in any plot of land or dwelling unit in a building of a co-operative housing society until he has made such payment as may be specified by the co-operative housing society towards the cost of such plot of land or, construction of such dwelling unit, as the case may be, to the co-operative housing society
(4) No Member shall be eligible for being appointed, nominated, elected, co-opted or for being a Member of a Committee, if he is a defaulter of the society.
(5) (i) It shall be the duty of the Member of the society to pay the dues of the society within time as decided by society in its general meeting.
(ii) Member shall vacate the flat when required for redevelopment of the building or buildings of the society as decided in its general meeting.
(iii) Member shall perform his duties as provided in this Act, rules and bye-laws.
(6) The Associate Member shall have right to contest the election to the Committee with prior written consent of a Member.
(7) Any action contemplated against the original Member in the Act shall be applicable to such an Associate Member

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Bye – Law No. : 165 - Penalties for breach of Bye -law
a) The meeting of the General Body of the Society may prescribe penalties for different breaches of the Bye-laws of the Society. The Secretary of the Society, under instructions from the Committee, shall bring to the notice of the Member concerned, the breach/breaches of the bye-law/bye-laws committed by him.
If the Member persists in continuing the breach/breaches, the Committee shall give the notice to the Member to show cause as why the penalty should not be inflicted on him for breach/breaches of the byelaw/byelaws.
The General Body Meeting, after considering the Say of the Member and after giving him hearing, may levy penalty to the extent of maximum consolidated penalty not exceeding Rs.5,000/- in any one financial year.

b) Save except other provisions in the Act, the A.G.M / Special G.B.M. can penalize a Member for committing breaches in his responsibilities. Such a penalty should be reasonable and equal to all such erring Members.
A.G.M./Special G.B.M. is empowered to frame the penalty amount. The managing committee shall recover such penalties with proper care.
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Issue of Share Certificates to the Members of the Society Bye Law No 9
A ) A Share Certificate, prescribed in bye-laws, bearing distinctive number and indicating the name of the Member, the number of shares issued and the value paid there on, shall be issued by the Society to every Member for the shares subscribed by him, within a period of six months of the allotment of the shares.
b) the Committee of the Society shall issue a duplicate share certificate, “So Marked”, on application to its members on production of following documents.
1. if the share certificate is lost - copy of police complaint lodged, and an affidavit in that regard.
2. if the share certificate is soiled, burnt, torn, disfigured etc. affidavit in that regard.
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