The constitution or the bylaws of the cooperative housing society outlines the rights and obligations of the members of the society. It should include the name of the society, its objectives, the powers of the office bearers, the rules and regulations for the internal administration of the society, the procedure for holding and conducting meetings of the society, and any other matters that the society deems necessary. The constitution must be approved by the Registrar of Cooperative Societies before the society can be registered.
The general outline for the constitution of a cooperative housing society in India:
- Name: The name of the society, which should be unique and should not be similar to the name of any other existing society.
- Objectives: The objectives of the society, which should align with the purpose of promoting the interests of its members and providing them with housing and related services.
- Membership: The criteria for membership, including eligibility requirements and procedures for admitting new members.
- Management: The governance structure of the society, including the composition and powers of the managing committee and the procedure for holding meetings and conducting business.
- Funds: The sources and use of the society’s funds, including the provision for reserves and the manner in which contributions are to be collected and utilized.
- Property: The ownership and control of the society’s property, including the manner in which it is to be acquired, managed, and disposed of.
- Accounts and audit: The maintenance and audit of the society’s accounts, including the appointment of auditors and the preparation of financial statements.
- Disputes: The procedure for resolving disputes among members and between the society and its members.
- Amendment: The procedure for amending the society’s bylaws, including the quorum required and the procedure for obtaining approval from the members and the Registrar of Cooperative Societies.
- Dissolution: The procedure for dissolving the society, including the conditions under which it may be dissolved and the manner in which its assets are to be distributed.
- Election of office bearers: The process and procedure for electing the office bearers of the society, including the terms of office and eligibility criteria.
- Service of notices: The procedure for serving notices to members, including the manner in which notices are to be given and the time frame for responding to notices.
- Quorums: The quorums required for holding meetings and conducting business, including the minimum number of members required to be present for a meeting to be considered valid.
- Rules and regulations: The rules and regulations of the society, including the procedures for making and amending rules and regulations and the manner in which they are to be enforced.
- Termination of membership: The conditions under which membership may be terminated, including the procedure for termination and the manner in which the member’s rights and obligations are to be determined.
- Insurance: The requirement for the society to obtain insurance coverage, including the types of insurance that are to be obtained and the procedures for obtaining and renewing insurance policies.
- Appointment of professionals: The authority of the society to appoint professionals, such as lawyers, auditors, and engineers, and the procedure for selecting and engaging professionals.
Please note, this is not an exhaustive list, and the specific provisions included in the constitution of a cooperative housing society in India may vary depending on the type and size of the society, the laws and regulations applicable in the state in which it is registered, and the specific requirements and circumstances of the society. It is advisable to consult with a legal expert for specific and up-to-date information and to ensure that the society’s bylaws are in compliance with all relevant laws and regulations.
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