XVI. CONVEYANCE OF THE PROPERTY, AND REPAIRS TO AND MAINTENANCE OF THE PROPERTY
The committee shall in consultation with the general body,
take necessary steps for conveyance of the land/ building/
buildings in favour of the society.
The committee shall examine, in consultation with the
Solicitor or the Advocate of the society, the deed of the
conveyance of the land and the building/buildings thereon
prepared by the builder and place the same before the
meeting of the general body of the society for its approval.
On approval of the draft deed by the general body meeting of
the Society, the committee shall execute it.
156. It shall be the responsibility of the committee to maintain the property of the
society in good condition at all times.
157. The Secretary of the society, on receipt of complaints about the
maintenance of the property of the society from any members of the
society or on his own motion, shall inspect the property of the society from
time to time and make the report to the committee, stating the need of the
repairs, if any, considered necessary. The committee shall consider the
report made by the Secretary of the society and decide as to which of the
repairs should be carried out.
The Committee shall be competent to incur expenditure on the
repairs and maintenance of the society's property, if the one time
expenditure does not exceed:
Upto 25 members Rs. 25,000/-
26 to 50 members Rs. 50,000/-
51 and above Upto Rs. 1,00,000/-
If one time expenditure on repairs and maintenance of the society's
property exceeds the limits as mentioned under bye-law No. I58 (a),
prior sanction of the meeting of the general body of the society shall be
The meeting of the general body of the society shall decide:
1) The limit
upto which the expen-diture on repairs and maintenance of the property
of the society could be incurred by the Committee without calling for
tenders for the work. In respect of the work, the cost of which exceeds
the limit, so fixed, the Committee shall follow the procedure of inviting
tenders, placing them before the general body meeting for the approval
and entering into contract with the architect (if appointed) and the
2) limits of expenditure to be incurred on reparing & maintenance during
The appointment of the Architect, if made by the Chief Promoter of
the society, under the specific authority given to him, by the
promoters in their meeting, may be confirmed at the first General
If no appointment of an Architect is made by the Chief Promoter of
the society, the meeting of the General Body of the society shall
appoint an Architect on such terms and conditions as it deems.
The Committee shall enter into the contract with the Architect, on the
basis of the terms and conditions approved at the meeting of the
General Body of the society in that behalf.
The Architect shall prepare the plans and the estimate of
construction of the building/buildings in consultation with the
committee, which shall place the same before the meeting of the
General Body of the society, The Architect shall submit the plans and
estimates of the construction of the building/ buildings approved by
the meeting of the General Body of the society to the local authority
After approval of the plans of the construction of the
building/buildings by the Local Authority, the committee shall invite
tenders in consultation with the Architect of the society.
The Secretary shall open the tenders received by him in the meeting
of the Committee, which shall scrutinize them and prepare its report
along with the draft of the terms and conditions, in consultation with
the Architect of the society and place the same before the meeting of
the General Body for its decision. After the approval of the General
Body, the Committee shall then enter into the contract with the
Contractor. The tender for the work worth up to Rs. 100000/- should
be approved by the committee within its authority, While doing so, for
getting done the good quality work, if necessary, there is no problem
to approve tenders of the rate more than 10% of the tender offering
lowest rate. However, the committee ahould ensure the quality on its
The contract deeds, entered into with the Architect of the society and
the Contractor, shall provide a stipulation for settlement of the
disputes arising out of execution of the Contracts, under Section 91
of the Act. The Contract Deeds shall be registered under the
Registration Act, 1908.
159. Subject to the provisions of the bye-law No. I58(a), (b) and (c), the
Committee shall proceed to carry out the repairs and maintenance of the
property of the society. It shall be the responsibility of the committee to see
that the repairs are carried out as per the contract.
160. The following repairs and maintenance of the property of the society shall
be carried out by the society at its costs:
(i) All internal roads, (ii) Compound walls, (iii) External water pipe
lines, (iv) Water pumps, (v) Water storage tanks, (vi) Drainage lines,
(vii) Septic tanks, (viii) Stair cases, (ix) Terrace and parapet walls,(x)
Structural repairs of roofs of all flats, (xi) Stair-case lights, (xii) Street
lights, (xiii) Outside walls of the building/buildings, (xiv) All leakages
of water including leakages due to rain water and leakages due to
external common pipe line and drainage line, (xv) Lifts, (xvi) The
damaged ceiling and plaster thereon in the top floor flats on account
of the leakage of the rain water through the terrace.
All the repairs, not covered by the bye-law No. 160(a) shall be
carried out by the members at their cost.
The society shall insure its building/buildings necessarily against
risk of fire and earthquake and flood.
The Managing Committee of each and every Housing Society
shall chalk out Emergency Planning Scheme, which include below
mentioned details in respect of the society and the surrounding
1) Probability of danger and analysis thereof
2) Evaluation of risk in pursuance of the probable danger.
3) Response machinery.
4) Important telephone numbers
Emergency telephone number of each and every member.
Telephone numbers of the officers of the Government
machinery concerned with emergency management.
The Managing Committee shall hold discussion with all the members in the
General Body Meeting over the plan prepared as aforesaid and shall inform about
the same to the members. The Plan such prepared shall be displayed on the
Notice Board of the society and the same shall be made up-to-date from time to
time as per the requirement.
(c) As per the Juvenile Workers Act, 1986, it is prohibited to employ child
labours for household work and other works and as per the provisions of
said Act. If any person is found to have employed child labour for house
hold work, then a punishment of one year imprisonment and a fine upto Rs.
20000/- can be awarded to him. The Managing Committee of the society
shall display the said legal provision on the Notice Board and shall create
awareness in the minds of all the members for eradication of the said evil,
child labour practice.
C(1) The office bearers of the society shall ensure that no member of the
society has employed child labours and shall make arrangements of
informing the Labour Commissioner that the society is free from child
C(2) If any member is found to have employed child labour, the Managing
Committee shall immediately contact the office of the Labour
Commissioner or the Police Station or the concerned voluntary
organization and shall inform to that effect in writing to the office of the
(D) The Managing Committee of the society shall take below mentioned
precaution to see that no injustice is done to any widow in the Co-operative
After the death of a member of the society, while transferring the flat
wherein his widow is residing, to her name, after checking the Nomination
letter/Succession Certificate etc. only after her lawful right to the said
property is established, appropriate action shall be taken as per the
provisions of the Act and Rules.
162. No member of the society shall destroy, deface or cut down any trees in the
compound of the society. Any action, in contravention of the above
provision may render the member concerned liable for action.