What is bye law of cooperative society?
Bye-laws include the objects of the society and completely define and restrict the society’s activities, but the rights and liabilities of members are determined by the Act and not by the bye-laws as such. The bye-laws are the basic structure of the society and are binding on the members.
Can husband and wife buy two flats in same society?
No, says the supreme court: it’s one flat, one vote. The multi-flat family problem has cropped up in scores of housing societies throughout India where different wings of a family purchase independent flats in the same building. This allows them the privacy of a nuclear family and the support of a joint family.
What is bye-laws in India?
A by-law (bye-law, by(e)law, by(e) law) is a rule or law established by an organization or community to regulate itself, as allowed or provided for by some higher authority. The higher authority, generally a legislature or some other government body, establishes the degree of control that the by-laws may exercise.
How do you write a bye law?
The spellings of both terms ‘by-laws’ and ‘bye-laws’ are correct, and both are widely accepted and used worldwide.
What is the meaning of Apex society?
apex society means a cooperative society whose area of operation extends to the whole of the State and the primary object of which is the promotion of the objects and the provision of facilities for the operation of other co-operative societies which are its members; Sample 1.
When Amendment of bye law of a cooperative society becomes necessary?
(1) (i) When it appears to the Registrar that an amendment of the bye-laws of a registered society is necessary in the interests of such society or of the co-operative movement as a Page 22 whole or for the purpose of bringing about uniformity in the main with the provisions of the bye-laws of societies which have …
Can I purchase two flats in same society?
Cooperative housing societies can expel a member for owning more than one property as acquiring concessional government land cannot be a ruse to accumulate wealth, the Supreme Court has ruled. from owning any other property.
Can a person own two flats?
Answers (1) There is no restrictions on possessing any number of flats and houses,either under any Civil Law or under the provisions of Indian Income Tax Law,1961.
Who made bye law?
Bye-laws are laws of local or limited application made by local councils or other bodies, using powers granted by an Act of Parliament, and so are a form of delegated legislation. Bye-laws are effectively local laws to deal with local issues.
What is bye law in local government?
Byelaws are local laws made by a local council under an enabling power contained in a public general act or a local act requiring something to be done – or not done – in a specified area. They are accompanied by some sanction or penalty for their non-observance.
Is it by laws or bye-laws?
A bylaw is a law which is made by a local authority and which applies only in their area. The by-law makes it illegal to drink in certain areas. A bylaw is a rule which controls the way an organization is run.
What do you mean by “bye-laws”?
“Bye-laws” means the Bye-laws of the society for the time being in force which have been duly registered or deemed to have been registered under the Multi State Cooperative Societies Act in force and includes amendments thereto which have been duly registered or deemed to have been registered under the Act;
What are bye-laws of the Society?
When a society is registered the bye-laws of the society as approved and Registered by the Registrar are the Bye-laws of the Society says Adv. R. P. Rathod.
What is the precedence of bye-laws over the rules?
Saibaba Co-operative Housing Society ltd, 1978 Mah L.J.404 It is well settled law that over the bye-laws the Rules will have the precedence and over the Rules the Act will have the precedence for binding effects and no bye-laws can be adopted contrary to the provisions of either Act or the rules – See A. I. Umrani v/s.
What are the bye-laws of Suburban Co-operative Housing Society Ltd?
Saraswat Suburban Co-operative Housing Society Ltd 1985 CTJ 357. Bye-laws must be consistent with the Act and the Rules made under the Act: It must relate to subjects within the scope of the corporate powers. It must not be ultra-vires. They can not be held to be a law or to have the force of law.