Chapter XIII: Management of the Affairs of the Society

Bye-law 104. Final Authority of the Society

(a)Subject to the provisions of the Act, the Rules and these Bye-laws, the final authority of the Society shall vest in the General Body of Members duly convened and constituted in accordance with these Bye-laws.

(b)The General Body shall exercise such powers and perform such functions as are conferred upon it under the Act, the Rules and these Bye-laws, and shall decide all matters relating to the policy, finance, and administration of the Society.

Bye-law 105. Governance Framework of the Society

(a)In consonance with Rule 106C-13(1)(a) of the Rules, the management and administration of the Society shall be governed by the Bye-laws of the Society as approved by the Registrar.

(b)Such Bye-laws shall constitute the fundamental governance framework of the Society, and all decisions, actions, and functions of the Society shall be carried out strictly in accordance therewith.

Bye-law 106. Management of the Society to Vest in the Committee

(a)The management of the affairs of the Society shall vest in the Committee duly constituted in accordance with the provisions of the Act, Rules, and these bye-laws.

(b)The Committee shall be the executive body of the Society and shall carry on the day-to-day administration of the Society, subject to the provisions of the Act, Rules and bye-laws and the directions of the General Body.

In terms of Rule 106C-13(2)(a), the Committee shall execute the decisions taken by the General Body, prepare the annual budget, maintain financial records, and ensure timely audit, repairs and maintenance of the Society’s property.

Bye-law 107. Exercise of Powers and Duties of the Committee

(a)Subject to the directions given or regulations made by the General Body, the Committee shall exercise all powers conferred on it and discharge all functions entrusted to it under these bye-laws. The Committee shall act as the executive authority of the Society and shall function in a fiduciary capacity in the interest of the Society and its members.

(b)Without prejudice to the generality of the foregoing, the Committee shall—

(i)Manage and administer the affairs of the Society and maintain, protect and preserve its property, assets and infrastructure;

(ii)Maintain true, correct and up-to-date books of accounts, statutory registers, records and documents and ensure their proper custody and preservation;

(iii)Ensure timely assessment, demand, collection and recovery of dues from members and ensure proper, transparent and lawful utilisation of the funds of the Society;

(iv)Place before the General Body all matters requiring its approval, including annual accounts, budgets, reports, major decisions and proposals involving financial or administrative implications;

(v)Ensure compliance with all statutory provisions, directions of competent authorities and these bye-laws;

(vi)Implement and give effect to all lawful resolutions of the General Body within a reasonable time;

(vii)Ensure proper maintenance, repairs, structural safety, insurance and statutory compliances relating to the property of the Society;

(viii)Represent the Society in all legal, administrative and statutory proceedings and take appropriate action for protection of its rights and interests;

(b)Maintain transparency in its functioning and provide access to records and information to members as permissible under law. The Committee may, with prior approval of the General Body, appoint qualified professionals including architects, structural engineers, contractors, legal advisors, Project Management Consultants (PMC), auditors and other experts, as may be necessary for proper management, maintenance, redevelopment or compliance of the Society.

The Committee shall function strictly in accordance with these bye-laws - Provided that

(c)The Committee shall not exercise any power or take any decision in respect of matters which are required to be decided by the General Body;

(d)Any act, decision or omission of the Committee in contravention of statutory provisions, directions of competent authority or these bye-laws shall render the Committee and its members liable for action as per law;

(e)The Committee shall be jointly and severally responsible for all decisions, acts and omissions affecting the affairs of the Society;

(f)The Committee shall act as trustees of the Society and discharge its duties with due diligence, good faith, transparency and accountability.

Bye-law 108. Opening of Bank Account and Investment of Funds

(a)The Society shall open and maintain one or more bank accounts in a State Co-operative Bank, District Central Co-operative Bank, or in any other banking institution or mode permitted by the State Government, in accordance with the provisions of Section 70 and Section 154B-17 of the Maharashtra Co-operative Societies Act, 1960.

(b)The bank account of the Society shall be operated jointly by the Secretary together with the Chairman or the Treasurer, or by such other Office Bearer as may be authorised by the Managing Committee.

All receipts, payments, withdrawals, cheques, electronic transactions, acknowledgements and discharges on behalf of the Society shall be jointly signed, authenticated or authorised by the persons so authorised.

(c)The Managing Committee shall ensure that all financial transactions, accounting, maintenance of books of accounts and audit of the Society are carried out strictly in accordance with the provisions of the Act, the Rules and these Bye-laws and in terms of Rule 106C-13(2)(a).

(d)The Society may invest or deposit its funds in accordance with the provisions of Section 70 and Section 154B-17 of the Act and in accordance with the directions or guidelines issued by the competent authority from time to time.

(e)The Managing Committee shall be responsible for ensuring safe custody of the funds of the Society and for ensuring that the funds are utilised and invested only for the purposes authorised under the Act, the Rules and these Bye-laws.

Bye-law 109. Strength of the Managing Committee

(a)The Committee shall consist of 7, 11, 13, 15, 17 or 19 Members of the Society, depending upon the total number of members of the Society.

(b)The strength of the Committee shall include reserved seats as provided under Sections 154B-20 and 154B-21 of the Maharashtra Co-operative Societies Act, 1960, subject to applicability.

(c)In case of societies having up to 50 members, only the reservation for women shall be applicable and no other reservation shall apply.

(d)The strength of the Committee and the quorum for the Committee meeting shall be as follows:

(e)Till the time the members of the reserved categories are not available or elected to fill the reserve seats as provided in Section 154B-20 and 154B-21 such reserved seats shall not be counted for strength of managing committee for composition of quorum. The quorum of the managing committee meetings shall be simple majority provided

(a) The quorum for a meeting of the Managing Committee shall be a simple majority of the total number of elected members constituting the Committee immediately after its electio

(b) In the case of a Society having fifty or less members, the quorum for a meeting of the Managing Committee shall be three elected members.

(c) The quorum once determined shall remain unchanged during the tenure of the Committee and shall not be reduced on account of resignation, death, disqualification, removal, cessation or any vacancy in the Committee.

Bye-law 110. Election of the Committee

(a)The election of all the Members of the Committee shall be held once in every five years, before the expiry of its term, in accordance with the provisions of Section 73CB of the Maharashtra Co-operative Societies Act, 1960 and the Rules and procedure framed thereunder.

(b)It shall be the duty of the Committee to conduct the election of the Society where the number of members is 250 or less, in accordance with the procedure prescribed for ‘E’ Type Societies under Rules 76A to 76R.

In the case of societies having more than 250 members, the Committee shall intimate the State Co-operative Election Authority before Six months of the expiry of its term and submit information in Form E1, E2 and E3 for conducting the election.

If the Committee fails to take necessary steps for conducting the election before expiry of its term, the Members of the Committee shall cease to hold office on expiry of the term and action shall be taken by the Registrar under Section 77A of the Act.

Bye-law 111. Prohibition against being interested in the Society

No officer of the Society shall have any interest, directly or indirectly, otherwise than as such officer—

(a)in any contract entered into with the Society;

(b)in any property sold or purchased by the Society;

(c)in any other transaction of the Society.

Provided that, nothing contained herein shall apply to any investment made in, or loan taken from, the Society by any paid employee of the Society for the purpose of providing residential accommodation, in accordance with the provisions of the Act, the Rules and these bye-laws.

Bye-law 112. Disqualification for Membership of the Committee

No person shall be a member of the Commmitte or eligible for being elected as a Member of the Committee or co-opted on it, if—

(a)he / she is a defaulter of any dues payable to any Society registered under the provisions of the Act, and has failed to pay such dues within three months from the date of service of notice in writing, served either by hand delivery or by registered post or Speed Post demanding the payment of dues;

(b)he / she has been convicted of an offence involving moral turpitude, unless a period of six years has elapsed since such conviction; or is convicted with imprisonment of not less than one year for an offence under the provisions of any law for the time being in force;

(c)he / she has been held responsible under Sections 75(5), 78, 79, 88, 147, 154B-8(2) or 154B-27 of the Act, or has been held responsible for the payment of costs of inquiry under Section 85 of the Act;

(d)he / she has directly or indirectly carried on the business of buying, selling, letting or subletting of flats in the Society, or is engaged in any activity of a commercial nature in respect of flats in the Society;

(e)he / she has incurred any disqualification under the provisions of the Act or the Rules made thereunder, including disqualification under Section 154B-23 and clauses (vii), (viii) or (ix) of clause (f) of sub-section (1) of Section 73CA of the Act, including the provision relating to having more than two children after the 7th September, 2002;

(f)he / she has, without previous permission in writing of (to )the Society, sublet his / her flat or part thereof, or given it on leave and license or caretaker basis, or parted with possession in any other manner;

(g)he / she has remained absent for three consecutive meetings of the Committee without leave of absence granted by the Committee;

(h)he / she has failed to comply with statutory provisions, directions of competent authorities, or lawful resolutions of the Society, resulting in governance default or statutory non-compliance.

Bye-law 113. Constitution of the Committee

(a)In a General Election of Members of the Committee of the Society, on the election of two-thirds or more number of Members of the total strength of the Committee as prescribed under Section 154B-19 of the Act, the Returning Officer or any other officer or authority conducting such election shall, within two days after the declaration of results of such election, forward the names and permanent addresses of the elected Members to the Registrar, where the Committee stands constituted.

(b)The Registrar shall, within fifteen days from the date of receipt E-17 or E-9, publish or cause to be published such names and addresses.

Bye-law 114. Cessation of Membership of the Committee

(a)A person shall cease to be a Member of the Committee, if—

(i)he / she has incurred any of the disqualifications mentioned under bye-law No. 107; or

(b)Where a Member incurs any disqualification under bye-law No. 107, the Committee shall record the same in the minutes of its meeting and the Secretary shall inform the concerned Member and the Registrar accordingly.

Such Member shall cease to hold office from the date of incurring such disqualification, subject to confirmation by the Registrar, wherever required under the Act.

Bye-law 115. Presence of Committee Member in Interested Matters

(a)No Member of the Committee shall be present at the discussion or decision on any matter in which he / she is directly or indirectly interested.

(b)Such Member shall disclose the nature of interest before the Committee and shall withdraw from the meeting while such matter is being considered.

Any decision taken in contravention of this provision shall be liable to be set aside.

Bye-law 116. Period of Office of the Elected Committee

(a)The Committee elected under these Bye-laws shall hold office for a period of five years from the date of assuming charge, as provided under Section 154B-19 (3) of the Act.

(b)The term of the elected Members of the Committee shall be reckoned from the date of the first meeting of the newly constituted Committee.

(c)The term of the office bearers of the Society shall be co-terminus with the term of the Committee, as provided under Section 154B-19(3) of the Act.

Bye-law 117. First Meeting of Newly Elected Committee

(a)The first meeting of the newly elected Committee shall be held for the purpose of electing the office bearers of the Society, in accordance with the Election Rules framed under Section 73CB of the Act.

(b)In case of Type “E” Societies, the Returning Officer shall convene the meeting of the elected Members of the Committee by giving at least seven days’ prior written notice with acknowledgment, as provided under Rule 76Q.

The notice shall specify:

(i)the number of office bearers to be elected;

(ii)the date, time and place of the meeting.

(c)In case of Type “C” Societies, the meeting for election of office bearers shall be conducted by the State Co-operative Election Authority or its authorised officer, as per applicable Election Rules.

(d)The election of Chairman, Secretary and Treasurer shall be conducted strictly in accordance with the Election Rules.

(e)Upon completion of election, the outgoing Committee shall hand over charge to the newly elected Committee as per the Act, Rules and Bye-laws.

Bye-law 118. Custody of Records of the Society

(a)All records of the Society shall be kept at its registered office or at such place as approved by the Committee.

(b)The records shall remain under the custody of the Secretary, who shall ensure their proper maintenance, safety and accessibility in accordance with the Act, Rules and these Bye-laws.

Bye-law 119. Handover of Charge by Outgoing Committee

(a)Upon election of the new Committee, the Secretary of the outgoing Committee shall prepare a complete inventory of all records, registers, documents, funds and property of the Society in his custody and hand over the same to the newly elected Chairman.

(b)The outgoing Chairman shall hand over the charge of the office of the Committee and all records and property of the Society in his possession to the Chairman of the newly elected Committee, in accordance with Section 160 of the Act.

(c)The handover of charge as stated above shall be completed within a period of 15 days from the date of constitution of the new Committee, and the same shall be duly recorded in writing as per these Bye-laws.

(d)In case of failure to hand over charge within the prescribed period:

(i)The newly elected Committee shall issue a written notice to the outgoing office bearers requiring immediate compliance;

(ii)If the outgoing office bearers fail to comply within the stipulated time, the Committee may report the matter to the Registrar for appropriate action under the provisions of the Act;

(iii)The Society may initiate proceedings for recovery of records, documents, funds or property, including filing of appropriate proceedings before the competent authority;

(iv)The Society may also take action for fixing responsibility and recovery of loss, if any, caused to the Society due to such failure, in accordance with the provisions of the Act, Rules and these Bye-laws.

Bye-law 120. Election of Office Bearers

(a)Every Committee, at its first meeting held under Bye-law No. 112, shall elect from amongst its Members a Chairman, Secretary and Treasurer, in accordance with the provisions of the Election Rules framed under the Act.

(b)The office bearers so elected shall hold office for a period co-terminus with the term of the Committee, subject to the provisions of the Act, Rules and these Bye-laws.

(c)An office bearer shall cease to hold office if:

(i)he / she ceases to be a Member of the Committee; or

(ii)a motion of no-confidence is passed against him / her.

Provided that such motion shall be moved in a meeting called and presided over by the Registrar or an officer authorised by him, upon a requisition made by not less than one-third of the Members of the Committee, and shall be passed by a majority of not less than two-thirds of the Members present and entitled to vote.

Provided further that no such motion shall be brought within a period of six months from the date of the previous motion.

Bye-law 121. Place of Meeting and Quorum of Committee

(a)The meetings of the Committee shall ordinarily be held at the registered office or premises of the Society, or at such place as may be decided by the Committee.

(b)The quorum for a meeting of the Committee shall be a simple majority of the existing Committee Members, unless otherwise provided under these Bye-laws.

(c)No business shall be transacted at any meeting of the Committee unless the quorum is present at the time of consideration of each item on the agenda.

Bye-law 122. Frequency of Committee Meetings

(a)The Committee shall meet as often as necessary, but at least once in every month, for the proper conduct of the affairs of the Society, in accordance with these Bye-laws.

(b)In case of urgency, the Committee may pass resolutions by circulation, provided that such resolutions shall be placed before the Committee for confirmation at the next meeting, and shall form part of the proceedings of that meeting.

Bye-law 123. Casual Vacancies in the Committee

(a)A casual vacancy in the Committee arising due to death, resignation, disqualification, removal, incapacity of a Member or any other reason before the expiry of his / her term may be filled by the Committee by co-option, in accordance with Rule 106C-13(4) of the Rules and these Bye-laws.

(b)The Secretary or any person authorised by the Committee shall invite nominations from eligible Members by giving not less than seven days’ notice, by displaying the same on the Notice Board of the Society.

(c)The nominations received shall be scrutinized by the Committee and the list of valid nominations shall be placed before the Committee.

(d)Where the number of valid nominations exceeds the number of vacancies, the Committee shall fill such vacancy by majority decision in its meeting, subject to quorum provisions under these Bye-laws.

(e)The Member so co-opted shall be from the same category or class of Members in respect of which the vacancy has arisen, wherever applicable.

(f)The term of the co-opted Member shall be co-terminus with the term of the Committee.

(g)The proceedings of such co-option shall be recorded in the minutes of the Committee meeting in accordance with these Bye-laws.

Bye-law 124. Resignation of Committee Member and Effective Date

(a)A Member of the Committee may resign from the Committee by submitting a written resignation addressed to the Chairman of the Society.

(b)The resignation shall be placed before the Committee for consideration.

(c)The resignation shall take effect from the date of its acceptance by the Committee or on the expiry of a period of thirty days from the date of receipt of such resignation by the Chairman or the Secretary of the Society, whichever is earlier, and such resignation shall be deemed to have been accepted upon expiry of the said period, notwithstanding that the Committee has not accepted or has rejected the same.

(d)The Member submitting resignation may withdraw the resignation at any time before its acceptance by the Committee or before the expiry of the said period of thirty days, whichever is earlier, by giving a written intimation to the Chairman or the Secretary of the Society.

(e)Upon such resignation becoming effective, the vacancy shall be treated as a casual vacancy and shall be filled in accordance with these Bye-laws.

Bye-law 125. Authority to Issue Notice of Committee Meeting

(a)The Secretary of the Society shall, in consultation with the Chairman, issue not less than three clear days’ notice of every meeting of the Committee to all Members of the Committee, specifying the date, time, place and agenda of the meeting.

(b)(a) Where the Secretary fails to issue such notice, the Chairman shall issue the same.

(b) No meeting of the Committee shall be convened by any person other than as provided in these Bye-laws.

Bye-law 126. Presiding Over Committee Meeting

(a)The Chairman of the Society shall preside over all meetings of the Committee.

Presiding Over Committee Meeting

(b)Provided that, in the absence of the Chairman, the Members present shall elect one amongst themselves to preside over the meeting for that occasion.

Bye-law 127. Voting in Committee Meeting

(a)Every Member of the Committee shall have one vote. Voting in Committee Meeting

(b)All decisions shall be taken by majority of votes of the Members present and voting.

(c)In case of equality of votes, the Chairman of the meeting shall have a second or casting vote.

Bye-law 128. Special Meeting of the Committee

(a)Upon a requisition made by not less than one-third of the Members of the Committee, the Secretary shall convene a Special Meeting of the Committee within a period of seven days from the date of receipt of such requisition.

Special Meeting of the Committee

(b)Such meeting shall be convened only for the purpose of considering the business specified in the requisition.

(c)If the Committee fails to hold at least one meeting in a calendar month as required under these Bye-laws, any Member of the Committee may make a written request to the Chairman to convene the meeting.

(d)In the event of failure by the Chairman to convene the meeting pursuant to a request made under sub-clause (3) within a period of seven days from the date of receipt of such request, the concerned Member may make an application to the Registrar.

(e)Upon receipt of such application, the Registrar may, after such inquiry as deemed necessary, issue appropriate directions and may:

(i)authorise the concerned Housing Federation of which the Society is affiliated to convene and conduct the meeting; or

(ii)appoint an authorised officer or person to convene and conduct such meeting.

(f)The expenses incurred for convening and conducting such meeting shall be borne by the Society.

Bye-law 129. Recording of Minutes of Committee Meeting

(a)The Secretary of the Society shall attend every meeting of the Committee and shall record the minutes of the meeting and place the same before the next meeting of the Committee for confirmation.

(b)The minutes shall be confirmed in the subsequent meeting and shall be signed by the Chairman of the meeting and the Secretary.

(c)In the absence of the Secretary, the Chairman shall make suitable alternative arrangements for recording the minutes of the meeting.

Bye-law 130. Conduct of Committee Meetings through Audio-Visual Mode

(a)Notwithstanding anything contained in these Bye-laws, the Committee may, by passing a resolution, permit conduct of its meetings through audio-visual mode (video conferencing or other similar electronic means).

Conduct of Committee Meetings through Audio-Visual Mode

(b)Where a meeting is proposed to be conducted through such audio-visual mode, the Secretary shall provide the link or access details along with the notice of the meeting issued under these Bye-laws.

(c)The Members participating through such audio-visual mode shall be deemed to be present for the purpose of quorum and voting.

(d)The proceedings of such meetings shall be recorded in writing in the minutes of the meeting, in accordance with these Bye-laws.

(e)There shall be no mandatory requirement of video recording of such meetings; however, the Committee may decide to record the proceedings, if deemed necessary.

(f)Every Member attending the meeting through audio-visual mode shall:

(i)ensure proper identification and participation from a location free from disturbance;

(ii)maintain discipline, decorum and dignity during the proceedings;

(iii)not allow participation of any unauthorised person;

(iv)follow the directions of the Chairman for orderly conduct of the meeting.

(g)In case of any disruption, disorderly conduct, or breach of decorum, the Chairman may regulate participation of such Member, including restricting or discontinuing such participation for that meeting, subject to recording the same in the minutes.

(h)The Committee may, by resolution, prescribe detailed protocols and safeguards for conduct of meetings through audio-visual mode, consistent with the provisions of the Act, Rules and these Bye-laws.

Bye-law 131. Joint and Several Responsibility of Committee Members

(a)The Members of the Committee shall be jointly and severally responsible for all decisions taken by the Committee during their term in respect of the affairs and business of the Society.

(b)The Members of the Committee shall be jointly and severally responsible for all acts of commission or omission which are detrimental to the interest of the Society.

(c)Such responsibility shall be subject to the provisions of the Act, Rules and these Bye-laws.

Bye-law 132. Powers, Functions and Duties of the Committee

(a)(i) The Committee shall be the executive and administrative authority of the Society and shall, subject to the provisions of the Act, the Rules, Government directions, the resolutions of the General Body and these Bye-laws, manage, administer and supervise the affairs, property and business of the Society and exercise such powers and perform such functions and duties as are conferred upon it under the Act, the Rules and these Bye-laws.

(b)(ii) Without prejudice to the generality of clause (i), the Committee shall—

(i)(a) implement the resolutions of the General Body and ensure compliance with the provisions of the Act, the Rules, Government directions and these Bye-laws;

(ii)(b) administer and protect the movable and immovable property, common areas, common facilities, common services, assets, funds and records of the Society;

(iii)(c) prepare and place before the General Body the Annual Budget, financial statements, proposals relating to maintenance contributions, service charges and such other matters requiring the approval of the General Body;

(iv)(d) administer, invest and utilise the statutory funds and other funds of the Society in accordance with law and the resolutions of the General Body;

(v)(e) approve expenditure, execute contracts and incur expenditure within the powers conferred by the Act, the Rules, these Bye-laws and the resolutions of the General Body;

(vi)(f) appoint, supervise and, where necessary, remove employees and appoint Advocates, Chartered Accountants, Auditors, Architects, Engineers, Project Management Consultants, Valuers, Contractors and other professionals required for the efficient administration of the Society;

(vii)(g) ensure proper maintenance, repairs, structural stability, fire safety, electrical safety, lift safety, water quality, sanitation and all other statutory compliances relating to the Society’s property;

(viii)(h) obtain, renew and maintain adequate insurance of the Society’s property and pursue insurance claims wherever necessary;

(ix)(i) ensure proper maintenance, preservation, digitisation, confidentiality and security of the books of account, statutory registers, records, documents and electronic data of the Society and facilitate inspection and supply of copies in accordance with the Act, the Rules and these Bye-laws;

(x)(j) ensure timely preparation, audit, adoption and filing of accounts, audit rectification reports, statutory returns and all other reports, statements and compliances required under law;

(xi)(k) ensure that every application, request, complaint and proceeding received by the Society is processed, decided and communicated within the time prescribed under the Act, the Rules, Government directions and these Bye-laws;

(xii)(l) monitor recovery of the dues of the Society and initiate appropriate proceedings wherever required under the Act and these Bye-laws;

(xiii)(m) execute conveyance, deemed conveyance, lease deeds, redevelopment documents and such other statutory or contractual documents on behalf of the Society after obtaining the approvals required under law;

(xiv)(n) scrutinise tenders, quotations and proposals relating to major repairs, redevelopment and other works and place its recommendations before the General Body wherever required;

(xv)(o) regulate and manage the common areas, common facilities, parking spaces and such other common amenities in accordance with the Act, the Rules and these Bye-laws;

(xvi)(p) frame and implement administrative policies, operating procedures and standard forms consistent with the Act, the Rules and these Bye-laws wherever considered necessary for the efficient management of the Society;

(xvii)(q) ensure compliance with all statutory timelines prescribed under the Act, the Rules, Government directions and these Bye-laws and fix responsibility upon the concerned office bearer or employee for any default or delay;

(xviii)(r) The Committee and every office bearer shall exercise only such powers and perform only such functions and duties as are conferred by the Act, the Rules, Government directions, these Bye-laws, the resolutions of the General Body or any other applicable law. They shall not impose any restriction, condition, obligation, charge, penalty or requirement upon any Member, Joint Member, Associate Member, Provisional Member, family member, tenant, licensee, caretaker, occupant or any other person which is inconsistent with, or not authorised by, the Act, the Rules, Government directions, these Bye-laws or any other applicable law.

(xix)(s) The Committee and every office bearer shall act fairly, reasonably, transparently and in good faith and shall ensure equal treatment to all Members, Joint Members, Associate Members, Provisional Members, their family members, tenants, licensees, caretakers and other lawful occupants similarly situated. No person shall be subjected to arbitrary, discriminatory or unequal treatment or be denied any right, facility, service or benefit on grounds not authorised by the Act, the Rules, Government directions, these Bye-laws or any other applicable law.

(xx)(t) The Committee shall not pass any resolution, issue any circular, guideline, direction, policy or decision which is inconsistent with or contrary to the provisions of the Act, the Rules, Government directions, these Bye-laws or any other applicable law. Any such resolution, circular, guideline, direction, policy or decision shall, to the extent of such inconsistency, be void and unenforceable.

Bye-law 133. Powers, Functions and Duties of the Chairman

(a)(i) The Chairman shall be the head of the Society and the Committee and shall, subject to the provisions of the Act, the Rules, Government directions and these Bye-laws, provide leadership, guidance and overall supervision for the proper governance and administration of the Society.

(b)(ii) Without prejudice to the generality of clause (i), the Chairman shall—

(i)(a) preside over the meetings of the General Body and the Committee and ensure that the business of the meetings is conducted in an orderly, fair, transparent and democratic manner;

(ii)(b) ensure that the Committee functions collectively within the powers conferred by the Act, the Rules, Government directions and these Bye-laws and that matters reserved for the General Body are not decided by the Committee;

(iii)(c) supervise and guide the functioning of the Secretary, Treasurer, other office bearers, Committee Members, employees and professionals engaged by the Society;

(iv)(d) ensure that the resolutions of the General Body and the Committee are implemented effectively and within the prescribed time;

(v)(e) monitor compliance with the Act, the Rules, Government directions, these Bye-laws and statutory timelines applicable to the Society;

(vi)(f) review the administration, financial position, maintenance, repairs, redevelopment, conveyance, litigation, statutory compliances and other important matters affecting the Society and place appropriate matters before the Committee;

(vii)(g) sign the minutes of meetings, share certificates, conveyance deeds, agreements and such other documents as required under the Act, the Rules, these Bye-laws or the resolutions of the Committee or the General Body;

(viii)(h) represent the Society before Government authorities, statutory authorities, courts, tribunals, financial institutions and other bodies or authorise any office bearer, employee or professional to represent the Society wherever permitted by law or authorised by the Committee;

(ix)(i) ensure that the Committee and every office bearer discharge their respective duties efficiently, impartially and in accordance with the Act, the Rules, Government directions and these Bye-laws;

(x)(j) in cases of emergency involving immediate danger to life, health, safety or the property of the Society, take such temporary measures as are reasonably necessary, provided that the reasons are recorded in writing and the action is placed before the next meeting of the Committee for ratification;

(xi)(k) exercise a casting vote in the event of equality of votes, where permitted under these Bye-laws;

(xii)(l) perform such other powers, functions and duties as may be conferred by the Act, the Rules, Government directions, these Bye-laws or the resolutions of the General Body or the Committee.

(c)(iii) The Chairman shall not—

(i)(a) exercise any power or perform any function not conferred by the Act, the Rules, Government directions, these Bye-laws or a lawful resolution of the General Body or the Committee;

(ii)(b) interfere with the statutory duties specifically assigned to any other office bearer except in the discharge of his supervisory functions;

(iii)(c) issue any direction, circular, order or instruction inconsistent with the Act, the Rules, Government directions, these Bye-laws or the lawful resolutions of the General Body or the Committee; or

(iv)(d) act arbitrarily or discriminate between Members, Joint Members, Associate Members, Provisional Members, their family members, tenants, licensees, caretakers or other lawful occupants in the discharge of his duties.

Bye-law 134. Powers, Functions and Duties of the Secretary

(a)(i) The Secretary shall be the Chief Executive and Administrative Officer of the Society and shall, subject to the provisions of the Act, the Rules, Government directions, these Bye-laws and the lawful directions of the Committee, be responsible for the day-to-day administration and execution of the affairs of the Society.

(b)(ii) Without prejudice to the generality of clause (i), the Secretary shall—

(i)(a) convene meetings of the General Body and the Committee, issue notices, prepare the agenda in consultation with the Chairman and record and maintain the minutes of such meetings;

(ii)(b) maintain the books of account, statutory registers, records, correspondence, files, electronic records and the seal of the Society and ensure their proper custody, preservation, digitisation, confidentiality and retrieval;

(iii)(c) process and place before the Committee all applications, requests, complaints and matters required to be decided under the Act, the Rules and these Bye-laws;

(iv)(d) maintain the Register of Members, Share Register, Nomination Register, Register of Associate Members, Register of Provisional Members, Parking Register, Tenant Register and such other statutory registers and records as may be required under law;

(v)(e) ensure timely preparation and service of bills, demand notices, notices of meetings and all other communications required under the Act, the Rules and these Bye-laws;

(vi)(f) ensure timely filing of statutory returns, reports, disclosures and compliances required under the Act, the Rules and any other applicable law;

(vii)(g) make available records for inspection and provide certified copies of records in accordance with the Act, the Rules and these Bye-laws;

(viii)(h) supervise the employees of the Society and ensure implementation of the resolutions of the General Body and the Committee;

(ix)(i) carry out or arrange inspection of the Society’s property, common areas, common facilities and such other matters as may be required under these Bye-laws and place the inspection reports before the Committee;

(x)(j) issue notices relating to maintenance, repairs, statutory compliance and violations of the Act, the Rules or these Bye-laws, as authorised by the Committee or where required under law;

(xi)(k) correspond on behalf of the Society with Members, Government authorities, statutory authorities, local authorities, utility providers, financial institutions and other persons, as authorised;

(xii)(l) maintain proper records of recovery proceedings, litigation, conveyance, redevelopment, contracts, insurance, statutory permissions and all other legal matters relating to the Society;

(xiii)(m) facilitate electronic communication, digital record management and audio-visual meetings in accordance with the Act, the Rules and these Bye-laws;

(xiv)(n) promptly bring to the notice of the Committee any breach of the Act, the Rules, Government directions or these Bye-laws or any matter requiring immediate attention;

(xv)(o) discharge such other powers, functions and duties as may be assigned by the Committee or required under the Act, the Rules, Government directions and these Bye-laws.

(c)(iii) The Secretary shall not withhold, suppress, alter or delay any record, application, notice, communication or statutory compliance without lawful authority and shall perform his duties fairly, impartially, diligently and in good faith.

Bye-law 135. Powers, Functions and Duties of the Treasurer

(a)(i) The Treasurer shall be the financial officer of the Society and shall, subject to the provisions of the Act, the Rules, Government directions and these Bye-laws, supervise and monitor the financial affairs of the Society and ensure proper financial management, accountability and transparency.

(b)(ii) Without prejudice to the generality of clause (i), the Treasurer shall—

(i)(a) supervise the maintenance of the books of account, financial records and other accounting documents of the Society and ensure that they are complete, accurate and updated;

(ii)(b) ensure that all receipts, payments, investments and financial transactions are properly accounted for and carried out in accordance with the Act, the Rules, these Bye-laws and the resolutions of the Committee;

(iii)(c) supervise the preparation of the Annual Budget, financial statements, balance sheet, income and expenditure account and other financial reports required under law;

(iv)(d) monitor the collection of maintenance charges, contributions and other dues payable to the Society and periodically review the financial position of the Society;

(v)(e) supervise the operation of the Society’s bank accounts, investments and statutory funds and ensure that they are managed in accordance with law and the resolutions of the General Body;

(vi)(f) ensure that payments are made only after due sanction and in accordance with the financial powers delegated under these Bye-laws;

(vii)(g) coordinate with the Statutory Auditor, Internal Auditor and other financial professionals and ensure timely completion of audit and compliance with audit observations and rectification reports;

(viii)(h) review the financial risks, outstanding liabilities and contingent liabilities of the Society and place significant matters before the Committee;

(ix)(i) ensure compliance with all statutory financial requirements, including taxation, deductions, statutory payments, filing of financial returns and maintenance of financial records under applicable law;

(x)(j) place before the Committee and the General Body such financial statements, reports and information as may be required under the Act, the Rules and these Bye-laws;

(xi)(k) perform such other financial powers, functions and duties as may be assigned by the Committee or required under the Act, the Rules, Government directions and these Bye-laws.

(c)(iii) The Treasurer shall not—

(i)(a) authorise or permit any expenditure or financial transaction contrary to the Act, the Rules, Government directions, these Bye-laws or the resolutions of the General Body or the Committee;

(ii)(b) permit any Society funds to be utilised for purposes not authorised by law or by the resolutions of the General Body or the Committee;

(iii)(c) suppress, alter or misrepresent any financial record, account or statement of the Society; or

(iv)(d) fail to promptly report any financial irregularity, fraud, misappropriation, loss or material financial risk coming to his knowledge to the Committee

(d)(iv) Every office bearer shall discharge the duties assigned to him under the Act, the Rules, Government directions and these Bye-laws honestly, fairly, diligently, transparently and in good faith and shall remain accountable for any act of commission or omission attributable to the duties of his office in accordance with the provisions of the Act and other applicable law.