MODEL BYE-LAWS OF THE
CO-OPERATIVE HOUSING SOCIETY LIMITED
NAME AND ADDRESS
1. (1) The
society shall be called SUPREME COURT BAR ASSOCIATION CO-OPERATIVE HOUSING SOCIETY and its registered address shall be Supreme
Court Bar Association, Supreme Court Building, Constitution Avenue, Islamabad
(2) Any
change in address will be communicated to Registrar under proper receipt and
all members within 30 days.
DEFINITIONS
2. In these by-laws unless there is any-thing
repugnant in the subject or context:-
(1) “Society” means the SUPREME COURT BAR ASSOCIATION CO
OPERATIVE HOUSING SOCIETY
(2) “Act” means “Co-operative Societies Act, 1925” and “Rules” means
“Co-operative Societies Rules, 1927”.
(3) “Registrar” means a person appointed to perform the duties of
Registrar under the Act and Rules, whereas, “Registrar Islamabad” means
“Registrar, Co-operatives, Islamabad Capital Territory, Islamabad.
(4) All other words and expressions which have been used but not
defined in these by-laws shall have the same meanings as have respectively been
assigned to them in tile Act and Rules,
AREA OF OPERATION
3. The society shall operate within the area of ICT
and it can, with the previous sanction of the Registrar, ICT, Islamabad
establishes its housing scheme or office in that area only.
OBJECTS
4. Objects of the society are to promote the
economic interests of its members on the Principles of Co-operation, self help,
on no profit & no loss basis, and more particularly:-
(1) To
lay-out establish and maintain a residential Colony for its members, if need
be, to extend it and take other necessary steps for this purpose.
(2) To
arrange, buy or otherwise acquire land, houses, buildings or other property,
whether movable or immovable by purchase, lease, mortgage, acquire under Land
Acquisition Act or
otherwise for the purpose of carrying out the
objects of the society provided that:
(i) Under Rule 27 and 54, prior approval of
Registrar, ICT Islamabad will
be necessary for all
these activities.
(ii) The determination of site for housing scheme
will be with the prior approval of General Meeting and Registrar, Islamabad.
(iii) Any amendment or alteration/change in the
housing scheme will be similarly subject to the decision of General Meeting and
Registrar, ICT Islamabad.
(3) To bring into existence and to construct, manage and
maintain works like roads, water supply sewerage, electricity, sui gas,
telephone services and other construction of various kinds like schools,
dispensary, mosque, amusement parks, civic centers, provision of transport,
grave yard etc., for the benefit and convenience of the members residing in the
colony. These will be subject to regulation of CDA Zoning Regulation and
Modalities Procedures, LDA and other relevant development authorities and at
par or better than their standard in case of outside the CDA limit.
(4) To sell, mortgage, give on lease, land houses, house sites,
buildings and other properties of the society movable or immovable for the
common benefit of the members, subject to the approval of General Meeting and
Registrar, ICT Islamabad as may be necessary. The approval of Registrar will
not be required for allotment /registration/lease of plots in favour of
members.
(5) To construct buildings for public use and to undertake other
utility projects for the convenience of members.
(6) To prepare plans for houses and other buildings in the colony or
get them prepared from the qualified architects and approve them and to ensure
that the houses and buildings are prepared according to them. For this purpose
prepare building by-laws and get them approved from General Meeting and
Registrar, ICT, Islamabad.
(7) To obtain loan from government or any other source for
construction of houses or shopping centers etc. on terms and conditions as may
be deemed suitable buy the Society and the Registrar, ICT, Islamabad.
(8) To adopt other measures designed to encourage in members the
spirit of cooperation and practice of thrift, self-help and mutual aid.
(9) To take steps for the general welfare of its members.
(10) To allot plots to members as per approved master Plan. Allotment
of plots will not be made till the approval of Master Plan of the housing
scheme from the concerned Authority. When once the allotment is so made, the
allotted plot or its site or its area shall not be changed without the prior
consent of the affected members. If any change is otherwise inevitable, the
approval of the General Body Meeting and Registrar, ICT Islamabad will be
compulsory.
(11) To do generally all such incidental things or acts as may be
considered necessary or conducive to all or any of the aforesaid objects.
5. At the time of registration, the society shall
submit an action plan/feasibility report in which the following information
shall b e given:-
(1) Proposed site of the society.
(2) Proposed size of land to be purchased by the society;
(3) Proposed size number of plots, size wise:
(4) Total number of members to be enrolled. This number shall not be
allowed to exceed the number of plots, at any cost:
(5) Any other relevant information considered necessary by the Circle
Registrar.
The society will be registered by the Registrar
after satisfying himself regarding the genuineness / feasibility of the
society.
MEMBERSHIP
6. The membership in the Society will be according
to the principles of cooperation as enunciated by I.C.A Admission of members
will be based on equality and there will be no discrimination between them, nor
there any difference between their rights and liabilities. On the basis of
above said criterion, the membership shall consist of:-
(i) Persons who join in the application for
registration.
(ii) Persons admitted in accordance with the by-laws.
(iii) One nominee of
Registrar, Cooperatives, ICT shall be ex-officio member of the society without holding a share or
incurring any liability.
7.
Terms and conditions for membership of society shall be as under:
(1)
Should be more than 18 years of age, unless he/she is a minor nominee of a
deceased member.
(2) Be of good moral character.
(3) Purchase at least one share.
(4)
Has applied for membership or his/her membership
is approved as a nominee or legal representative of deceased member.
(5) Is an
expected. constructor of a house in the society/colony.
(6) Is in
accordance with the directions issued by Registrar ICT from time to time.
Note: In case of a society of any department/profession/community/class,
is an employee having service of 2 years or is a member respectively of such
department/profession/community/class. Some percentage of members may be
selected from outside, on the basis of the ratio pre-determined by the General
Meeting.
8.
(1) Members shall be admitted after
selection by the Managing Committee subject to confirmation at a General
Meeting. Confirmation of new member must be put up in the next General Meeting.
In case failure to put up. the membership will stand automatically confirmed
after one year.
(2)
Application for membership shall be in writing in the prescribed form. Such
application will form a part of register of members. Every member on admission
shall pay the share money specified in by-law 18 and 19, which will be
refundable. He will also pay Rs.500/- as admission fee, which after approval of
membership shall not be refundable.
(3)
Person eligible for membership will not ordinarily be refused. In case of
refusal he will be informed accordingly in writing within two months,
whereafter, if he desires, he can raise this issue before the General Meeting.
(4) On admission, each member will be issued a
membership certificate which will be on prescribed form. In case it is
misplaced or lost a duplicate certificate will be issued on payment of a
prescribed fee.
(5) Sub-division, of plot will
be subject to rules and regulations of local development authority or
local body. The Managing Committee will decide this issue.
9.
A member shall be expelled/terminated on the following grounds:
(1) On death.
(2)
Ceasing to hold at least one full share.
(3)
Withdrawal after six months notice to the Secretary provided that the member in
question is not indebted to the society and is not surety for an unpaid debt.
(4) Gravely misusing any dwelling occupied by him in
the colony or habitually acting in a disgraceful manner or in a manner which
causes serious offence to his neighbours or unnecessarily involving the society
in litigation or making negative propaganda against the society.
(5) Being found of permanent unsound
mind.
(6)
Becoming persistent defaulter or intentionally doing, any act detrimental to
the interest of the society or willfully disobeying any by-law or decision of
the society (of Managing Committee or General Meeting) or of any properly
appointed officer of the society or doing any business activity in the society
premises without permission of the society.
(7) Ceasing to
hold the plot or a building or any part thereof in the colony of the society.
(8)
In case of failure to pay in time, the installments far the cost of land,
development charges or other dues, due from him to the society, the Managing
Committee will have the authority to terminate the membership of such members
after serving a notice in this respect. However, approval of General Meeting
will. be required which can decide such issues by simple majority.
(9) Conviction for a criminal offence
involving dishonesty or moral turpitude resulting in imprisonment for six
months or more.
(10) Insolvency or application for insolvency.
(11) Any such act which the committee or society
declare as dishonesty.
(12) On expulsion by the Registrar, under the Rules.
Note: In case of sub-sections (4), (5), (6), (8), (9), (10) and (11) he
shall be served with a show cause notice at the given address and reply
received in time will be taken into consideration before final decision.
10.
(1) Every member shall
nominate a person or persons to whom his interest or share in the society will
be transferred on his death. Provided that if he holds more than one share in
which case he will also describe the transferable proportion. Any such
nomination or change therein will be entered in the register of members, in
attestation whereof he will sign or mark his thumb impression in the register
of members or application, form. .
(2)
Besides shares, distribution / division of property will be as per provisions
of personal law of succession.
(3)
The nominator can cancel or change the nomination under his own writing at any
time.
11.
If a member is expelled from the society, the value of his share or interest
shall be paid to him after two years, after deducting the amount of society
dues against him.
12.
A member or nominee or successor of a deceased member may transfer his/her
share to another member or to an applicant qualified for admittance under
by-!aw 6 and 7, and approved by the Managing Committee under by-law No. 8 or to
share transfer fund created by the society subject to the approval of the
General Meeting.
13.
A member may transfer / sell the plot allotted to him whether built upon or
vacant provided that:-
(1) All dues, if any, outstanding against him/her at
the time of sale have been cleared and the transferee undertakes to pay the
balance not yet due against him.
(2) The transfer / sale is made to the persons
mentioned in by-law No.7.
(3) The transferee becomes a member of the
society and pays the necessary transfer fee. He will also undertake to abide by
the by-laws of the society, building by-laws and decisions of the management
made from time to time.
14.
Expulsion from membership can be made by a resolution
passed in the General Meeting by 2/3rd
majority. .
LIABILITY
15. On liquidation, to make up
any deficit in the assets of the society, the liability of the members shall be
limited to ten (10) times the value of shares purchased by them. Except for
cases under byelaw No.9(2),(3),(6),(7) & (12).
CAPITAL AND FINANCES
16.
The capital and finances consists of :-
(1)
Admission fee.
(2) Shares.
(3) Deposits
from members.
(4)
Loans from nonmembers, which shall be subject to. such restrictions as the
Registrar may impose from time to time and of which approval is taken from
Registrar.
(5) Realized
profits.
(6) Loans,
donations and grants from government or other agencies.
(7)
Donations and contribution from individuals and institutions.
(8)
Fees, fines, penalties, damages etc., which are previously approved by the
Registrar.
(9) Reserve
and other funds.
(10)
Other sources which the management thinks appropriate provided they are
approved by the Registrar.
(11)
Municipal charges levied with the approval of Provincia1 Government /
Registrar, Cooperatives, ICT, Islamabad.
(12) Income received
from movable and immovable properties.
(13)
Aid from foreign governments or institutions which will be received only after
the approval of Registrar, Cooperatives, ICT, Islamabad.
(14)
Such contribution and charges from members which are passed in the Meeting and
are approved by the Registrar, Cooperatives, ICT, Islamabad.
SHARES
17.
Every member will have to purchase at least one full share amounting to
Rs.40,000/-, which will be paid in lump sum at the time of admission.
18.
Members desiring to have residential plots will have to purchase shares at the
following rates:-
Size
of plot.
Shares to be purchased
1) Upto 1
Kanal
One share (Rs. 40,000/-)
(These measures will be as per CDA modalities
& procedures rules (Zoning Regulations) and local revenue scales in case of
other districts.
19.
Members desirous to having commercial plots will have to purchase shares at the
following rates :-
Size
of plot.
Shares to be purchased
1) Upto 3
marlas
Two shares
2) Above 3 marlas to 5
marlas Three
shares
3) More than 5
marlas
Five shares.
20.
No individua1 member shall hold commercial shares, the value of which exceeds
Rs.40,000/- or 1/5th ofthe total share capital of the society, whichever is
less. If an individual member, by inheritance, or otherwise, comes in
possession of more than- the maximum holding permitted by this rule, the
Managing Committee shall have the power to sell the excess number or purchase
them for the society.
GENERAL MEETING
21.
The inaugural General Meeting called at the time of organization of society
after its, registration shall be considered a regular General Meeting and all
decisions taken in it shall be binding.
22.
The supreme authority shall' vest in the General Meeting. Annual General
Meeting shall he held between 1st of July to 30th September each year. If it is
not called within the fixed time, the Registrar shall call it. Special General
Meeting can be summoned at any time as prescribed in Section 13 of the Act, if
summoned by the Registrar or at the written request of not Jess than 1/5th of
the total members, it will be called within one month.
23.
To decide any matter, the following quorum shall be required:
NO. OF
MEMBERS
QUORUM REQUIRED
(i) 1 to
100
30%
(ii) 101 to
200
40 members
(iii) 201 to
500
20%
(iv) 501 to
700
100 members
(v) 701 to
1000
15%
(vi)
1001-1500
150 members
(vii) 1501 to
2000
10%
(viii) 2001 and
above
250 members
24.
The General Meeting shall be held at the 'registered address of the Society or
at such place which the committee or Registrar may select. After the
development of the society's colony such General' Meeting will be held in the
premises of the society.
25.
At least I5 days notice of the General Meeting shall be given through any of
the leading national newspapers and to all members at their latest address
available in the society's record, under postal certificate. Such notice shall
specify the date, time and place of the meeting and shall contain summary of
the agenda to be considered. No matter will be discussed in the General Meeting
which is not included in the agenda.
26.
The President and in his absence the Vice President shall preside over the
meeting. In the absence of both of them, any member elected for this purpose by
the majority of the present members shall preside. Except otherwise provided in
Act, Rules or these by-laws, all matters will be decided by simple majority but
in case of equality the President will have a casting
vote.
27.
Irrespective of the amount of shares owned each member will have one vote and
no proxy shall be allowed. No member shall have the right to vote if he is
defaulter of shares or society dues and due notice (through registered post
acknowledgment due) to this effect was given to him and a period of 30 days has
passed after issuing of such notice.
28.
All business discussed or decided in the General Meeting will be recorded in
the minutes book and signed by President. Such decisions must be confirmed in
the next Annual General Meeting. Attendance of members shall be recorded, in a
separate register which shall be signed by the members present.
29.
(I) Amendment of by-laws shall
be carried out by 2/3rd majority of the members present at a General Meeting at
which a quorum shall be present or at an adjourned General Body Meeting at
which if a quorum is not present, the members present will form the quorum.
This is subject to the condition that at least 15 days notice of the amendment
is given to all the members through press and post.
(2) No amendment passed in the General
Meeting will be enforceable unless it is approved and registered by the
Registrar Cooperatives, ICT Islamabad.
30.
The following business shall be transacted in the General Meetings:.,
(1)
Amendment of by-laws which will take effect after approval/registration by the
Registrar.
(2) Election, suspension and removal of
President, Vice President, Treasurer and other members of the Managing
Committee.
(3) Fixing of maximum liability to be
incurred from the nonmembers, subject to the approval of Registrar.
(4)
Affiliation to any other cooperative institution and purchase of its shares.
The society will not affiliate with any non-cooperative institution unless it
is so permitted by the Registrar.
(5) Consideration of annual reports,
inspection notes of the Registrar, Inspector
and Audit Report of Auditor and taking necessary action
thereon. .
(6)
Admission and expulsion of members and transfer of shares under the provisions
of these
by-laws.
(7) Consideration of all account matters
and approval of budget and allotment.
(8)
Prescription of T.A. scales and meeting allowance for the members of Managing
Committee subject to the approval of the Registrar.
(9) Approval
to the appointment of the employees as required under the by-laws.
(10) Consideration of any other matter referred to it
by the President, Managing Committee or the Registrar.
(11) Disposal of profits and creation of funds
according to the Act, Rules and
By- laws of the
society.
(12) Framing of rules and regulations to ensure the
achievement of stated objects
of
the society and its efficient working especially in respect of :-
i. Building Bye-laws.
ii. Service Rules.
iii. Business Rules.
iv. Elections of the Managing Committee will be
conducted as per ICT
Cooperative
Societies Election Rules, 2004.
(13)
Doing other acts as required under these by-laws specially approval of site
of colony, decision for purchase of land and sale of immoveable property.
Approval of Master Plan of colony and later changes in it.
(14) Approval of allotment of
residential/commercial plots.
(15)
To fix scale / rate of fines, penalties or damages subject to the approval of
Registrar.
MANAGING COMMITTEE
31.
(1) The business of the society shall be
carried out by a Managing Committee consisting of 9 to 15 members above the age
of 21 years including a President, a Vice President, a Secretary, a Treasurer
and other person nominated by Registrar from amongst the members or officers of
the department. The nominee of Registrar should have expertise in technical or
administrative matters provided he is not loser in elections of Managing
Committee. The members of the Managing Committee will work honorarily.
(2) The Managing Committee shall be elected
for a term of three years. However, members of committee will not be eligible
to hold office for more, than two consecutive terms. An individual member may
be allowed to contest for the third term with the approval of, Registrar, for
which the society member will give detailed justification. If the new election
is not held within the fixed time, the committee will be deemed to have been
dissolved, and all decisions made after that date will be illegal. Registrar
will appoint a care-taker committee comprising of five members or an
Administrator who will have all the powers of Committee. Administrator or
care-taker committee shall hold election for the new committee within 60 days
or such other time as is fixed by the Registrar.
(3) Election
will be held as per Cooperative Societies Election Rules, 2004.
(4) Registrar shall have the power to
suspend the Committee on account of dishonesty, creating hindrance in the
business of the society or due to any other causes e.g. Non-implementation of
decisions of Registrar, delay in completion of housing project etc., and
appoint one or more person(s) in its place as Administrator who will have all
the powers of the Committee. Provided that Registrar will provide a chance to
explain their position by issuing show cause notice to the committee before
issuing such order.
32. A member
of a Managing Committee shall cease to hold office if he:-
(1) Does not remain a member of society.
(2) is an un-certified or
un-discharged insolvent or is-not competent to
contract.
(3) has become of un-sound mind.
(4)
has been convicted of any offence involving dishonest or moral turpitude and
imprisoned for six months or whipping, unless such imprisonment was not later
on reversed or withheld.
(5)
is directly or indirectly involved in any employment or agreement with the
Society.
(6)
personally does any such business directly or indirectly as is stated in the
objects of society or is involved in it in any way e.g. professional Property
Dealer. Contractor etc.
(7)
is an officer or servant of the society or is indebted to it.
(8)
if he resigns and his resignation is accepted by the Managing Committee.
(9)
On his not attending three consecutive meetings without permission of the
President or the Committee.
(10)
is a defaulter towards dues of the society.
(11)
becomes possessed of any other disqualification as narrated in the Rules.
33.
(1) Meeting of the, managing committee
shall be held whenever necessary at the office of the society or wherever
decided by the President or the Committee. The written notice for holding of a
meeting must be, regularly communicated to all members. The attendance or at
least 5 members shall be required for disposal of business. President or Vice
President or in their absence, any member elected by a majority of those
present shall preside. Each member shall have one vote while in case of equal
votes chairman of the meeting shall have the casting vote.
(2) Subject
to the provisions of Rule 48 and Section 44-C elected President cannot be
removed unless a 2/3rd majority of present members in a general, meeting do not
resolve accordingly.
(3) Before
the holding of Committee meeting, the President will, approve the Agenda which
will be sent to all members at least three days before the holding of the
meeting, unless otherwise permitted by the President and majority of the committee
in case of some emergent matter. Only items of agenda will be discussed in the
meeting.
(4)
President can call the meeting of the committee whenever there is any emergent
matter for discussion.
34.
The Managing Committee shall exercise all powers
of the society except those reserved for the general meeting subject, to such
restriction as are imposed by General Meeting or stated in the by-laws of the
society. It shall in particular' have the following powers and duties:
(1) To lay out, establish and maintain a
residential colony for its members, if need be, to extend it and take other
necessary steps for this purpose. In this respect committee will give a
complete plan including schedule for purchase of land and its development,
which will not be for more than three years provided Registrar may extend it.
This will be strictly followed by the Committee. Any lapse in this respect will
be a sufficient cause for suspension of committee.
(2)
(a) To arrange, buy or otherwise acquire
land, houses, buildings or other property whether movable or immovable by
purchase, lease, mortgage, acquire under Land Acquisition Act or otherwise for
the purpose of carrying out the objects of the society, provided that under
Rule 27 and 54, prior approval of Registrar will be necessary for all these
activities.
(b) The determination of site for housing
scheme will be with prior approval of the General Meeting and Registrar,
Cooperatives, ICT, Islamabad.
(c) Any amendment or increase or
decrease in the housing scheme will be similarly subject to the decision of
General Meeting and Registrar, Cooperatives, ICT, Islamabad.
(3) To bring into existence and to
construct, manage and maintain works like roads, water supply, sewerage.
electricity. sui gas, telephone service and other constructions of various
kinds like schools, dispensary mosque, entertainment parks and development
thereof, provision of transport and grave yard, tree plantation etc. for the
benefit and convenience of the members residing in the colony. These will be
subject to the regulations of development authorities/Local Bodies and at par
or better than their standard.
(4) To construct independent markets
in all the residential areas of the colony and to lease out the business
premises therein to the members. In addition the society will provide
facilities for the establishment of a main shopping centre.......
(5) To sell, mortgage, give on lease,
land, houses, house sites, buildings and other properties of the society
movable or immovable subject to the approval of General Meeting and Registrar
Cooperatives, ICT Islamabad as may be necessary.
(6)
To construct residential houses and other buildings for
private and public use and to undertake other utility projects for the
convenience of members.
(7) To
prepare plans for houses and other buildings in the colony or get them prepared
from the qualified architects and approve them and to ensure that the houses
and buildings are prepared according to them.
(8) To allot
plots to members as per approved Master Plan. Allotment of plots will not be
made till the approval, of master plan of the housing scheme from the concerned
authority when once the allotment is so made the allotted plot or its site or
its area will not be changed without his consent. If any change is otherwise
inevitable, the approval of General Body and Registrar will be compulsory. However,
spaces reserved for open, places, parks, mosque, hospital and grave yards etc.
will not be reduced / changed in, any, case. School and hospital will be run by
society itself to provide better amenities for its members and their children.
(9) To keep
a true and accurate account of all the assets and liabilities of the society,
to appoint a qualified accountant for keeping the accounts of society. To keep
an eye over any kind of mis-appropriation or any other faults. To take criminal
action or start civil proceeding beside informing the Registrar of the incident
immediately. To check such damage and be responsible to make up such losses, to
prepare a profit and loss account annual balance sheet and present them when
required.
(10) To admit new
members subject to confirmation by the General Meeting and to keep a register
of members correct and upto date. To issue new and transfer old shares under
the by-laws.
(11) To sanction
contingent expenditure upto the limit laid down by the General Meeting and to
fix the amount of imprest money to be kept by the Secretary, Treasurer or other
officers.
(12)
To consider the audit and inspection report of the Auditor, of Cooperative
Societies, taking necessary action on them and send without any delay reports
and statements called by them particularly the reports maintained under by-law
No. 35(1) and (10).
(13) To
purchase sell, mortgage, lease or otherwise, dispose of any movable or
immoveable property required for the achievement of objects of the Society,
with the approval of General Body and in the interest of the society. In case
of taking on lease or leasing out any property for more than one year, the approval
of General Meeting will be required.
(14)
To appoint sub-committee from amongst its members or other members of the
society and to delegate any of its powers to them.
(15)
To accept or reject resignation of its members.
(16) To fill vacancies
occurring in the Managing Committee before the next general meeting.
(17) To appoint one of
its member to carryon the duties of the treasurer in the absence of the
treasurer.
(18) Through any member
or office bearer or employee of the society or any other persons specially
authorized, to institute, conduct, defend, compromise refer to arbitration or
abandon legal proceedings by or against the society or its functionaries as
such concerning with the affairs of the society.
(19) To sanction posts
with remuneration / honorarium not exceeding Rs.8000/-with allowances per
month. All positions of higher scales of pay shall be sanctioned by
the general
meeting subject to the approval, of Registrar Cooperatives, ICT, Islamabad.
(20) To appoint, suspend
or dismiss employees provided that the employments will be to meet dire needs
and in no case more employees will be kept as are actually required.
Recruitment will be made through wide publicity in the press to ensure fair
competition and only competent persons on proper salaries will be recruited.
Rule 55 imposes ban on the employment of relatives in the society. Before
removal or dismissal, the employee will be given a show cause notice.
(21) To supervise
employees, In case of dishonesty, inefficiency or any other default, suspend or
dismiss them or otherwise punish them.
(22) To summon general
meeting and to check that the resolutions passed at the General Meeting are
given due effect.
(23) To assist the
inspection or audit of books. .
(24) To make provisions
for the custody of books and accounts of the society.
(25) To appoint a
representative for any cooperative institution of which the Society is a
member.
(26) To raise
contributions and subject to approval of general meeting and Registrar levy
cesses, taxes etc. and recover them for the provision of further amenities in
the colony.
(27) To execute
development. For this purpose appointment of consultant or engineering staff or
both, approval of construction designs and later on amend it if necessary, taking
further steps for the execution of development work, giving out contracts, if
necessary, issuing tenders, approve or reject them and supervise development
works in this respect making payments, approval or rejection of
securities/sureties.
(28) Framing rules for
the construction of buildings, usage of buildings, construction, security and
usage of roads and other properties of society and implement them in letter and
spirit.
(29) To approve plans
for construction of houses': and ensure their correct implementation. Taking
action against. any encroachment and remove it and keep the colony in fit
condition.
(30) To allot
residential plot to members through draws in a general meeting and to auction,
commercial plots in the presence of a representative of Registrar and on
contravention of conditions of allotment, take them back, with prior approval
of Registrar. Change of plot if so agreed by members and approve sub-division
or plots if allowed under CDA/LDA and Local Body Rules, as the case may be.
(31) To frame business
and other rules for the achievement of various objects of the society and
subject to approval of Registrar, adopt them.
(32) To internally audit
the accounts, sanction miscellaneous expenditure and supervise that prescribed
registers are regularly completed.
(33) To invest the
surplus funds of society as per the provisions of Act and Rules.
(34) Sale purchase of
goods and arrange for their usage and safe custody.
(35) To decide the terms
and rate of profit on which deposits will be accepted. To arrange for receipt
of deposits and return thereof.
(36) To receive loans
and donations subject to restriction imposed in Act, Rules and By- laws and
subject to the approval of the Registrar, to fulfill the society's need.
(37) To borrow money for
the purposes of the society whether on mortgage, debenture or otherwise to the
extent or the limit prescribed by the General Meeting and approved by the
Registrar.
(38) To do any other act
necessary for the achievement of objects of Society or required by the General
Meeting or the Registrar.
35.
In their conduct of affairs of society the members of the Managing Committee
shall exercise the prudence and diligence of ordinary men or business and shall
be personally responsible for any loss sustained through their gross
negligence, carelessness, inefficiency and irresponsibility or through breach
of any law, rule or by-law.
36.
The proceedings of the Managing Committee shall be recorded in the minute book
of the
society and shall be signed by President and all the members present.
37.
For reason to be recorded, the Registrar may suspend the execution of any
resolution or order if illegal or is likely to waste or damage society's fund
or property or such proceedings are against Act, Rules or By-laws or against
the collective interest of its members. The General Meeting or the Managing
Committee may move the Registrar to reconsider his decision.
38.
Registrar will be empowered to take punitive measures in case or wrong acts and
omissions of the, society or its committee or Secretary or any officers
regarding non-compliance of the provisions of Act, Rules or By-laws or
directives of the Registrar. These punitive measures will include actions under
Section 44-C and 63 of the Act & and Rule 48 or imposition of fines upto
any extent.
SECRETARY
39.
The Managing Committee shall appoint a secretary to carry out the business of
the society. The qualification mentioned in by-law No. 32(2) to (12) will ipso
facto apply to secretary also. In case he is not, a member of committee he can
get salary, subject to the approval of the, General Meeting and, Registrar. The
Secretary shall work under the general control of the Managing Committee.
40.
Subject to the general or special control of the managing committee, the
Secretary shall exercise the following powers and perform the following
duties:-
(1)
To superintend the maintenance of proper and upto date accounts and books of
accounts register of members and other registers and documents etc. The
accounts will be kept on double entry accounting system, One or more qualified
accountant will be employed of this purpose who will keep and complete the 'day
to day accounts upto date. The books will compulsorily be balanced at the end
of each month. These accounts will be audited internally twice a year, through
different qualified accountants. A copy of internal audit report will be sent
to Registrar. Any kind of variation or difference should be corrected then and
there, In case of mis-appropriation or other such happening, Registrar will be
immediately informed. Besides that, the committee must consider it and take
steps for criminal action or civil proceeding or both for its rectification and
will be responsible for losses incurred and making up the losses. All other
books kept in the society will also be completed and kept upto date.
(2)
To see the proper execution of all receipts discharge, acknowledgments,
contracts and other documents concerning the business of society and to keep
such documents in safe custody and supervision.
(3)
To summon and attend all general meetings, meeting or managing committee and of
sub-committees.
(4)
To record the proceedings of all meetings, get them signed from, present
members and to take steps to carry out the resolutions passed at such meetings.
(5)
To prepare annual accounts, especially yearly balance sheet, statements of profit
and loss and the yearly report and present them before the Managing Committee,
general meeting, inspecting and auditing of officers. These reports should
accompany the agenda sent to members for annual general meeting.
(6) To certify as per law copies of entries
in books etc. of the society.
(7)
To control the paid staff of society and get proper work out of them. In case
of laxity on their part or due to any other reason, take disciplinary
action against any member or the staff subject to the approval of the Managing
Committee.
(8)
To give his opinion regarding annual performance of employees of the Society.
(9)
To prepare statements called for by the Registrar from time to time and present
them. However, Secretary will regularly and compulsorily send six monthly
report ending on 30th June 31st December
within two weeks after the close or the six month period regarding following
items, failing which a fine @ Rs.200/- per day (from 15th January / July) will
be imposed beside being proceeded under Section 44-C. In case of non-payment of
fine, it will be recoverable as arrears of land revenue:-
(i)
Date of registration of society.
(ii)
Date of start of housing scheme.
(iii)
Name of the committee members alongwith Secretary with date of election and
number of meetings held during the period with date.
(iv)
List of sub-committees and name of their members with number of
meetings held
during the period.
(v)
Date of last general meeting.
(vi)
Number of members:
(a) At the start of six the months.
(b) Addition during the six months.
(c) Cancellation during he six months.
(d) At the end of six months.
(vii) Area owned by the society:
(a) At the start of the six months.
(b) Area purchased during the six months.
(c) Total area at the end of the six months.
(d) Average purchase price per kanal.
(viii)
Number of plots (size-wise) residential as well as commercial:
(a) At the start of the six months.
(b) Number of allotted plots.
(c) Number of un-allotted plots.
(d) Increase in number of plots during the six months.
(e) Number of plots allotted during the six months.
(f) Number of plots cancelled during the six months.
(g) Number of net un-allotted plot, at the end of the six months.
(h) Cost of plot = Cost of land + Development
charges,
(ix) Developed plots handed over to the
allottees:
(a) At the start of the six months.
(b) During the six months.
(c) At the end of the six months.
(x)
Detail of Development works e.g, roads, water ,supply, sewerage, electricity
and others:
(a) Date of start.
(b)
Development is being done by society itself or contractor, if through
contractors give names.
c)
Percentage of work completed by end of quarter.
(xi) Balance sheet:
(a) At the start of the six months.
(b) Receipts and disbursement (Head-wise) during the period.
(c) Profit or loss account during the six
months.
(d) Balance Sheet at the end of the six months.
(xii) List of staff with salaries.
(xiii) List of vehicles and under whose Use.
(xiv) Last audit conducted (when and by whom).
(xv) Date of internal audit, by whom and when sent to
Registrar's Office.
(xvi) Any other information considered necessary.
(10) To incur contingent or other expenditure within such limit as may
be imposed by the committee or any sub-committee.
(11) To be responsible for the safe custody and supervision or stock
furniture or other property of society and keep their proper accounts.
(3) To purchase, subject to the provision of Act, Rules, and By-laws,
and as directed by Committee, articles, goods or other property, to properly
utilize, sell or otherwise dispose
them.
(4) To look into the proper running of the 'office and other work of
the society, generally to conduct the business of the society and perform all
duties assigned by the General meeting or the Managing
Committee,
REGISTERS
41. The following registers, books documents shall
be maintained and shall be open to inspection of member, interested in affairs
of the society:-
(1)
A register of members showing the name, address and occupation, of every
member,
the number of shares held by him, the dates or
his admission to membership and the nominee appointed by him under his
signature.
(2)
A cash book showing income, expenditure and balance on each day on which any
business of the society is done.
(3)
A ledger account of each member. Depositor and creditor and of miscellaneous
and other income contingent and other expenditure and sale. purchase etc, of
all goods.
(4)
A minutes book in which proceedings of general meeting committee or sub-committee
meeting or notes of inspecting officers will be recorded.
(5)
Share register.
(6)
Bonds register.
(7)
Pass book to be provided to each member.
(8)
Daily sale, purchase and balance register.
(9)
Stock register.
(10)
A property register showing in detail the purchase and sale of property by the
society.
(11) A register showing the development schedule and
timely execution.
(12) Allotment register.
(13) Construction designs, Master Plan.
(14) Members file.
(15)
Any other account books or register prescribed by the Managing Committee or the
Registrar.
TREASURER
42.
The general meeting shall elect one or its members as Treasurer to keep the
Society’s money in his custody and spend the same under its directions. Subject
to the general or special control of the managing committee, the treasurer will
perform the following duties:-
(1)
To receive all money for and on behalf of and in the name of the Society and to
give receipt and other effectual discharges in respect of such money and to
deposit the same in the bank.
(2)
To make payment through cheque against voucher; bill etc. countersigned and
attested by the Secretary and duly passed by the Committee; cash payment will
be made only out of imprest.
(3)
To be responsible for the safe custody or bank cheque books.
(4)
To be responsible for the safe custody and proper accounts of the withdrawals
from the bank.
(5)
To prepare and draw up yearly balance sheets, statements 'of profit and loss
and the yearly report.
(6)
To complete as per by-law No 4O(1) all the accounts registers as prescribed in
these by-laws and present the same to the Secretary for countersignatures on
the day an entry is made,
43. (a) Ordinarily no cash will
be received and all money received for and on behalf of the society shall be in
the form of Pay-order and demand draft in the name of the society. It will be
deposited in the bank approved by the Registrar, Cooperatives ICT,
Islamabad. All payments shall be made by cheques. Only petty amount can
be paid in cash of the imprest.
(b)
The bank account shall be opened and operated jointly by any two of the
President, the Treasurer and the Secretary.
USE OF CAPITAL
44. The
capital of society will be utilized for the objects mentioned in byelaw No.4.
BUSINESS RULES
45. The
society will 'prepare detailed rules to regulate the business of the society,
and get them approved from the Registrar otherwise it will not be competent to
do any sort of business. These will include purchase / acquisition of Land and
its development to provide infra-structure in the colony in the form of roads,
water supply, sewerage, electrification, gas telephone etc, It will also
prescribe allotment /auction procedure regarding residential and commercial
plots and their handing over to the allottees, Generally the following
procedure will be followed:-
(1)
All members shall agree in writing at the time of admission to abide by all the
by- laws and regulation of the society and amendments and modifications
there of which may be made from time to time.
(2)
The society will arrange land for the colony and develop it. The land will then
be allotted to the members of the society on the basis of their seniority and
in accordance with the approved layout plan. The very moment a bargain is
struck by the society, a call will be given to its members for the deposit of
the amount regarding the price of land, In the case, of acquisition / purchase
of non-developed land it will be followed with the call for the deposit of
development charges. It will be imperative upon the members to deposit the
stated amount within the time limit. If a member of the Society fails to pay
any money due from him/her within the prescribed time, the Managing committee
may impose a fine up to 10% of the amount due till a period of three months,
after which the Managing committee shall have the powers to cancel the
allotment of plot and dispose of the interest of the member after deducting the
debt from him/her and the expenses incurred in this connection provided that a
previous notice of not less than one month is given to the member in this
respect.
(3)
The society may decide to impose an extra rate for the corner plots in the
residential area, The commercial plots in the colony will be given .in open
auction and will not be allotted as such.
(4)
All plots in the colony as shown in the master plan shall be indivisible and
only one building plan shall be approved, for each plot. Sub-division will be
allowed in rare cases and that also subject to rules of CDA/local body
/authority. Irrespective of the number of genuine owners of any plots, only one
person shall become the member of the Society and in case of a deceased member
only the unanimously agreed sole, representative of all successors at law will
have the right to become member.
(5)
All constructions or editions / alterations thereto in the colony shall be
subject provisions of the Building By-laws which will be prepared by committee
and duly approved by the general meeting and Registrar.
(6)
Allottee members shall have proprietary rights of the plots after full cost
including development charges have been paid and agreements executed.
(7)
An allottee member from the date of possession of plot is taken shall be liable
to pay all taxes and impositions whatsoever, which may here-in-after be charged
or imposed upon or be payable in respect of the said plot or building
construction thereon.
PROFITS
46.
(a) Profits will be divisible.
(b) Each year the society will keep 1/10th of
its net profits as Reserve Funds which will be indivisible. This reserve fund
can be utilized in the business of the society or can be invested as provided
in Rule 37. After setting aside of this reserve fund, the society may as per
its requirements make provision for other funds, like common good fund,
building fund, share transfer fund, depreciation fund, bad and doubtful debt
fund, dividend equalization fund, and provident or some other fund. The
decision for the provision of any such fund or the ratio thereof will be decided
by the general meeting subject to the approval of Registrar. After keeping a
provision for reserve and other funds, members can be paid divided on their
paid up shares at the rate not exceeding 60%.
DISPUTES
47.
All disputes touching these by-laws or the business of society between members
or past members, employees or past employees surety, whether such surety is a
member or not or persons claiming through them and society or its committee or
officers or past officers or other parties as mentioned in Section 54 of the
Act shall be referred to Registrar which will be decided by Registrar himself
or will be got decided through Registrar's Nominee,
GENERAL
48.
(1) So long as somebody does not become a
member of the society, he will not get any movable property of society or any
part of it.
(2)
If a member owes any dues to the society, he will not be allowed to take part
in any election or meeting of Society. .
EXPLANATION
(3)
(i) As per this by-law, word
"dues" will mean any installment, municipal charges or any other dues
of the society which are payable for a period of more than 3 months from the
date of demand or any such amount decided by court or Registrar or his
'nominee, such amount is not paid for a period of more than three months.
(ii) To act upon this by-law,
Secretary will prepare a list of defaulters from the certified record of the
society and will hang it in society office on the date on which agenda is
issued for General Meeting/elections. Such members will be, allowed to pay such
amount (under protest) till the election or general meeting. Such persons who
are included in that list will not be eligible to contest the elections or take
part in the meeting so long as they do not present a receipt for payment as per
the list. Secretary will issue a notice under postal certificate to defaulter
members at least ten days before the elections or the general meeting that his
name is included in the list of defaulters. In this notice he will specify the
amount payable. Secretary will give a certificate, before the holding of
meeting that such list was affixed and concerned persons have been issued
notices. This list will enough to disqualify under by-law No,23(2) and this will
not affect the right of the Society to recover the amount demanded by the
society, irrespective of the fact that amount demanded against a defaulter is
wrongly shown or that name or any defaulter is included by error or is so
deleted.
(iii) All construction
or alteration in the colony or the Society will be as per plan approved by
committee. As such, constructions or alterations are as per such rules und
regulations which have been devised for the purpose.
(iv) No
member will be allowed to transfer temporarily or permanently or lease 'out any
immovable property or part thereof to any body who is not a member of society
so long as the committee does not admit him as a member.
AUDIT
49.
The accounts of the society shall be audited at least once a year by an'
auditor appointed by the Registrar.
LIQUIDATION
50.
The society shall be liquidated only by the order of the Registrar under
Section 47 or 48 of the Act. If Registrar considers at appropriate he may
appoint a liquidator for winding up its affairs. After discharging all the
liabilities of the society surplus funds shall not be distributed among
members, but shall be applied to such objects of public utility as may be
selected by the General Meeting and approved by the Registrar or will be
utilized for such objects as are narrated in Section 52 of the 'Act. After
winding up, the cancellation of registration of society, will be done by
Registrar under Section 49 of the Act.
Javed Iqbal
Raja
Asrar ul Haq Mian
Secretary,
SCBAP
President, SCBAP
No comments:
Post a Comment