IX.INCORPORATION, DUTIES AND POWERS OF THE SOCIETY
The registration of the Society shall render it a body corporate by the name
under which it is registered, with perpetual succession and common seal
and with power to acquire, hold and dispose of the property, to enter into
contracts and other legal proceedings and do all such things as are
necessary for the purpose for which it is constituted.
The common seal of the Society shall be in the custody of the Secretary of
the society and shall be used under the authority by means of a resolution
of the Committee and the deeds of conveyance, share certificate or any
other documents, to which the seal is affixed on behalf of the society, shall
be attested by the Chairman, the Secretary and one member of the
committee, authorised by the committee in that behalf.
The Society shall have a Charge on the shares and/or interest of a
member, present or past, in the capital/ property of the Society and upon
any dividend, bonus or profits, payable to a member in respect of any
charges due from such member or past member to the Society and may
set off any sum credited by or payable to a member, in or towards the
repayment of such charges, as provided under Section 46 of the MCS Act,
The member, person/firm who had purchased the flat under any
agreement, under Section 4 of the Ownership Flats Act, or acquired
interest in the flat on transfer of the same by existing member with
previous permission of the society, shall be deemed to have been
allotted the same flat by the society subject to the terms and
conditions set out in the letter of allotment in the prescribed form,
including subsequent modifications made by the society to it.
No member of the Society shall use the flat deemed to have been
allotted to him under (a) above, for a purpose other than that
mentioned in the letter of allotment, without the previous consent in
writing of the committee.
The Society shall cause the STRUCTURAL AUDIT of the building of the
society as follows:
For the building ageing 15 to 30 years...................once in 5 years.
For the building ageing above 30 years................once in 3 years.
Such STRUCTURAL AUDIT shall be conducted by the Engineers from the
panel of Municipal Corporations in case of the societies which are in the
limits of Municipal Corporations. In case of other societies such structural
audit shall be carried out by the Govt. Approved Engineer.
(a) Member may hold parking space/ stilt if he is allotled the same, and he
shall have a right to transfer the same to transferee or other eligible
member of the same society.
(b) The allotment of Parking Space/Stilts shall be made by the
Committee on the basis of “First Come First Served”, for available
parking spaces. However in case of Parking Space/stilts allotted by
the Society, the member shall have no right to sell or transfer the said
allotted parking space/stilts, to anybody.
No member may be entitled to utilise more parking spaces/stilts than what is
allotted to him by the Committee, Builder.
Where any stilts have been built or open space in the society's compound is
available for parking of cars, the society shall number the stilts or the open
space in such a way that no inconvenience would be caused to any of the
members of the Society. The Committee shall ensure that the space is used by
the members for the purpose for which it is allotted to them.
A member, having a motor vehicle, will only be eligible to have stilts or a
parking space. No member shall normally be eligible for being allotted
more than one stilt or a parking space for parking the car owned by him or
allotted to him by his employer, or the firm of which he is the partner of the
company of which he is the director. If any stilts or parking spaces remain
unallotted for want of applicants for allotment, a second or third stilt or
parking space may be allotted to the same member who has earlier been
allotted the stilt or the parking space. Such allotment of 2nd or 3rd
stilt/parking space shall be made on year to year basis, provided the same
is not required by another member, who is not allotted even a single
In case the number of vehicles of eligible members are in excess then the
available parking space/stilts, the managing committee shall allot such
parking space/stilts by 'lot' on yearly basis.
The member, desiring to have a stilt or a parking space, may make an
application to the Secretary of the Society giving necessary details. The
procedure for disposal of applications for permission under the bye-law, as laid
down under the bye-law No. 65, shall be followed by the Secretary and the
committee of the Society.
Every member, who has been allotted the stilt or the parking space shall be
required to pay the parking charges at such rate as may be decided by the
General Body of the society at its meeting, irrespective of the fact whether he
actually parks his motor vehicle or not. Where a member has been allotted
more than one stilt/ parking space, he shall pay parking charges in respect of
every such stilt or parking space, as decided by the General Body Meeting.
Every member, having a scooter, a motor cycle, or an auto rickshaw shall
obtain prior permission of the committee for parking his vehicle in the
compound of the society and pay the charges fixed by the General Body of
the Society at its meeting.