Back to Index Maharashtra Co-operative Housing Society Bye Laws


3. Interpretations of the words and terms:
Unless otherwise separately provided in these bye-laws, the following and terms shall have the meaning assigned to them herein:
(i) "Act" means the Maharashtra Co-operative Societies Act; (MCS Act) 1960;
(ii) "Bye-laws" means the registered bye-laws of the society;
(iii) "Chief Promoter" means the person who is elected by the Promoters, in their first meeting, or in their subsequent meetings in case the post of the Chief Promoter lies vacant, till the first general meeting.
(iv) "Committee" means the Committee of the members or other directing body to which the management of the affairs of the society is entrusted;
(v) " Days" clear notice means the number of calendar days intervening between the day of posting the notice and the day of the meeting;
(vi) "Flat" means a separate and self contained set of premises used or intended to be used for residence, or office, or showroom, or shop, or godown and includes a garage, or dispensary, or consulting room, or clinic, or flour mill, or the coaching classes, or palnaghar or beauty parlour, the premises forming part of building and includes an apartment;
(vii) "Housing Society Federation" means the federation of co-operative housing societies, registered under the Act;
(viii) "Ownership Flats Act" means the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963;
(ix) "Papers" means all or any of items mentioned in the bye-laws Nos. 142 and 143;
(x) "Parking Space" means open space within the premises of the society earmarked by it for parking of vehicles and includes a stilt;
(xi) "Prescribed Form" means the form included in the Annexure II indicating the bye-law No. under which it is prescribed and the Appendix at which it is enclosed;
(xii) "Promoter" means a person, who has signed the application for registration of the society.
(xiii) "Builder- Promoter" means a person who constructs or causes to be constructed a block or building of flats or apartments for the purpose of selling some or all of them to other persons, or to a company, Co- operative Society or other association of persons, and includes his assignees; and where the person who builds and the person who sells are different persons, the term includes both;
(xiv) "Rules" means the Maharashtra Co-operative Societies Rules, 1961;
(xv) "Reserve Fund" means the fund constituted under the provisions of Section 66(1) & 66(2) of the Act and the Bye- Law No. 12(i);
(xvi) "Repairs and Maintenance Fund" means the fund constituted under the Bye-law No.13(a);
(xvii) "Sinking Fund" means the fund constituted under the Bye-law No.13(c);
(xviii) "Major Repair Funds" means a fund created by the society for the purpose of Major Repairs, such as plastering, building of compound wall, pavement, total painting, reconstruction;
(xix) "Municipal Act" means the Maharashtra Municipalities Act 1965 (Mah.XL of 1965);
(xx) Open space" means an Area, forming an integral part of the site, left open to sky;
(xxi) "Open terraces" means terraces which are otherwise not in the exclusive possession of any of the members;
(xxii) "Common Areas & Facilities" means
(a) the land on which the building is located;
(b) the foundations, columns, gurders, beams, supports, main walls, roofs, halls, corridors, lobbies, stairs-ways, fire escapes and entrances and exits of the building;
(c) the basements, cellars, yards, gardens, parking areas and storage spaces;
(d) the premises for persons employed for the management of the property;
(e) installations of central services, such as power, light, gas, hot and cold water, heating, refrigeration, air conditioning and generators;
(f) the elevators, tanks, pumps, motors, fans, compressors, ducts and in general all apparatus and installations existing for common use;
(g) such community and commercial facilites as may have been provided for;
(h) all other parts of the property necessary or convenient to its existence, maintenance and safety or normally in common use;
(xxiii) 'Society' means the Co-operative Housing Society Ltd.,
(xxiv) "Member" means a person joining in an application for the Registration of a Co-operative Society which is subsequently registered, or a person duly admitted to membership of a society after Registration and includes a Nominal and Associate member.
a) ‘Associate Member’ means a member who holds jointly a share of the Society with other member but whose name does not stand first in the share certificate.
b) ‘Nominal Member’ means a person admitted to membership after registration in accordance with the Bye-laws.
(xxv) ‘Family’ means group of persons, which includes husband, wife, father, mother, sister, brother, son, daughter, son-in- law, brother-in-law, sister-in-law, daughter-in-law, grandson/ daughter.
(xxvi) ‘Transfer Fees’ means the sum of payable by a transferor to the Society for the transfer of his shares along with occupancy right as provided under the Bye-law No. 38(e)(vii).
(xxvii) ‘Premium’ shall mean and include the amount payable to the society by the member, transferring his shares and interest in the capital /property of the Society, in addition to the transfer fee as provided under bye-law no.38(e)(ix).
(xxviii) "Working Capital" means funds at the disposal of the society inclusive of the paid up capital, share capital, funds created out of profits and money raised by borrowing or by any other means.