Approved By LDA

Greater Lahore Co-operative Housing Society has been approved by the Lahore Development Authority

byelaws

BYE LAWS

MODEL BYE LAWS OF THE GREATER LAHORE COOPERATIVE HOUSING SOCIETY LIMITED

NAME AND ADDRESS

1.
(1)  The Society shall be The Greater Lahore Cooperative Housing Society, Ltd. and its  registered address shall be 16-Km. Raiwind Road, Lahore.

(2)  Any change in address will be communicated to Registrar under proper receipt and all members within 30 days.

DEFINITIONS

2.  In these bye laws unless there is any-thing repugnant in the subject or context:-

(1) “Society" means The Greater Lahore Cooperative Housing Society Ltd. 16-Km. Raiwind Road, Lahore.

(2) "Act" means "Cooperative Societies Act, 1925" and "Rules" means "Cooperative Societies Rules, 1927".

(3) "Registrar" means a person appointed to perform the duties of Registrar under the Act and Rules, whereas, "Registrar Punjab" means "Registrar, Cooperatives, Punjab".

(4) All other words and expressions which have been used but not defined in these bye laws shall have the same meanings as have respectively been assigned to them in the Act and Rules.

AREA OF OPERATION

3.  The Society shall operate within the area of Punjab and it Can, with the previous sanction of the Registrar, Punjab, establish 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 cooperation 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, Punjab 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, Punjab.

(iii)  any amendment or alteration/change in the housing Scheme will be similarly subject to the decision of General Meeting and Registrar, Punjab.

(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 centres, 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 local bodies development authorities and at par or better than their standard.

(4)  To construct independent markets, in the residential blocks of the Colony where necessary and to lease out the business premises therein/to the members. In addition the Society shall 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 Punjab as may be necessary.

(6)  To construct buildings for 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 chartered architects and approve them and to ensure that the houses and buildings are prepared according to them. For this purpose prepare building bye laws and get them approved from General Meeting and Registrar Punjab.

(8)  To obtain loan from government or any other source for construction of houses or shopping centres, etc., on terms and conditions as may be deemed suitable by the Managing Committee of the Society and Registrar Punjab.

(9)  To work as agents or contractors for members for laying out and constructing houses and buildings in Society's Colony area.

(10)  To adopt other measures designed to encourage in members the spirit of cooperation and practice of thrift, self-help and mutual aid.

(11)  To take steps for the general welfare of its members.

(12)  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 Meeting and the Registrar Punajab will be compulsory.

(13)  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 be given.

(1)  Proposed site of the Society.

(2)  Proposed size of land to be purchased by the Society.

(3)  Proposed 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 concerned Deputy Registrar.

The Society will be registered by the concerned Deputy 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 will there be 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 bye laws.

(iii)    Two nominees of Registrar Cooperatives, Punjab, shall be ex-officio members 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 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 Punjab from time to time.

(7)    In case of a Society of any department/ profession/ community/class, is an employee having service of five 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 pro-determined by the General Meeting.

8.  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 of failure to put up, the membership will stand automatically confirmed.

(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 bye law 18 and 19, which will be refundable. He will also pay Rs. 1000/- 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, whose decision, subject to appeal before the Registrar will be final.

(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 can be expelled/terminated on the following grounds, provided he has been served with a show cause notice at the given address and his reply is found unsatisfactory, or is not received within prescribed period of time:-
(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 wilfully disobeying any bye 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 or on expulsion with the approval of the Registrar.

(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 instalments for 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 declares as dishonesty.

10.  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.

(2)    Besides shares, distribution/division of property will be as per. provisions of 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 can 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 bye law 6 and 7 and approved by the Managing Committee under bye 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 bye 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 bye laws of the Society, building bye laws and decisions of the management made from time to time.

14.    Explusion 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.

CAPITAL

16.    The capital consists of:-

(1)    Admission fee.

(2)    Shares.

(3)    Deposits from members.

(4)    Loans from non-members, 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 Provincial Government/Registrar Punjab.

(12)    Income received from movable and immovable properties.

(13)    Aid from foreign governments or institutions which will be received only after the prior approval of Registrar Punjab.

(14)    Such contribution and charges from members which are passed in the General Meeting and are approved by the Registrar.

SHARES

17.    Every member will have to purchase at least one full share amounting to Rs.1000/- 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 one Kanal    One share of Rs. 500/- each
(2)    Two Kanals          Two shares of Rs. 500/- each
(3)    Four Kanals          Four shares of Rs. 500/- each

19.    Members desirous to have commercial plots will have to purchase shares at the following rates:-

      Size of plots           Shares to be purchased
(1)    Upto 6 Marlas              One share of Rs. 500/-

20.    No individual member shall hold shares, the value of which exceeds Rs. 20000/- or l/5th of the 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

31.   The business of the society shall be carried out by a Managing Committee consisting of 9 members above the age of 21 years Including a President, a Vice President & Treasurer, in addition to 2 other persons nominated by Registrar from amongst the members or officers of the department. The nominees of Registrar should have expertise in technical or administrative matters provided they are not losers 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 contest elections more than twice. 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 caretaker 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 through voting to be held under those Election Rules which will be framed by the Committee and approved by General Meeting and Registrar.

(4)    Registrar shall have the power to suspend the Committee on account of dishonesty, creating hinderance in the business of the Society, or due to any other causes e.g. 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 persistent defaulter towards dues of the Society.
    (11)    becomes possessed of any other disqualification as narrated in the Rules.
    (12)    after provision of necessary facilities in the Colony of the Society, does not reside in it.

33.  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 of at least 6 members shall be required for disposal of business. The President or Vice President or in their absence, any members elected by a majority of those present shall preside. Each member shall have one vote while in case of equal votes President 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 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 restrictions as are imposed by General Meeting or stated in the bye 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 which extension will not in any case be far more than two years. This will he 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 or carrying out the objects of the Society provided that the approval of the AGM or Registrar Cooperative will be necessary for all these activities.

          (b)    The determination of site for housing scheme will be prior approval of General Meeting and Registrar. The record of rights (Fard-e-Malkiat) of proposed land will be submitted to the Registrar for such an approval.

          (c)    Any amendment or increase or decrease in the housing scheme will be similarly subject to the decision of General Meeting and Registrar Punjab.

(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 local bodies/development authorities 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 & Registrar Punjab as may be necessary.

(6)    To construct residential houses and other buildings for private and public use 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 chartered 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 area will not be changed without his consent. If any change is otherwise inevitable, the approval of General Body and Registrar, Punjab 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 besides 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 bye 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, Registrar and other officers of Cooperative Societies, taking necessary action on them and send without any delay reports and statements called by them particularly the reports maintained under bye law No. 35(1) and (10).

(13)    To purchase sell, mortgage, lease or otherwise, dispose of any movable or-immovable 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 occuring in the managing committee before the next general meeting.

(17)    To appoint one of its member to carry on 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. 30,000/- per month. All positions of higher scales of pay shall be sanctioned by the general meeting subject to the approval of Registrar Punjab.

(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. Further provided that posts and incumbents getting pay more than Rs. 30,000/- shall be subject to the approval of General Meeting of Registrar Punjab

(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 Punjab levy cesses, taxes etc. and recover them for the provision of further ameneties in the colony.

(27)    To execute development for this purpose appointment of consultant or engineering shall 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, constructions, 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/commercial plots to the members subject to the confirmation of general meeting & to auction commercial plots in the presence of a representative of Registrar on contravention condition of allotment take them back with prior approval of Registrar. Change of plot if so agreed by members & approve Sub-division of plots if allowed under local body rules.

(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 restrictions imposed in Act. Rules and Bye Laws and subject to the approval of the Registrar to fulfill the society's needs.

(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 of 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 bye 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 Bye Laws or against the collective interest of its members. The General Meeting of the Managing Committee may move the Registrar to reconsider his decision.

38.    Registrar will be empowered to take punitive measure in case of 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 Bye Laws or directives of the Registrar. These punitive measures will include actions under Section 44-C and 63 of the Act & Rule 48 or inposition of fines upto any extent.

MANAGING COMMITTEE

31.   The business of the society shall be carried out by a Managing Committee consisting of 9 members above the age of 21 years Including a President, a Vice President & Treasurer, in addition to 2 other persons nominated by Registrar from amongst the members or officers of the department. The nominees of Registrar should have expertise in technical or administrative matters provided they are not losers 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 contest elections more than twice. 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 caretaker 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 through voting to be held under those Election Rules which will be framed by the Committee and approved by General Meeting and Registrar.

(4)    Registrar shall have the power to suspend the Committee on account of dishonesty, creating hinderance in the business of the Society, or due to any other causes e.g. 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 persistent defaulter towards dues of the Society.
    (11)    becomes possessed of any other disqualification as narrated in the Rules.
    (12)    after provision of necessary facilities in the Colony of the Society, does not reside in it.

33.  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 of at least 6 members shall be required for disposal of business. The President or Vice President or in their absence, any members elected by a majority of those present shall preside. Each member shall have one vote while in case of equal votes President 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 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 restrictions as are imposed by General Meeting or stated in the bye 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 which extension will not in any case be far more than two years. This will he 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 or carrying out the objects of the Society provided that the approval of the AGM or Registrar Cooperative will be necessary for all these activities.
       (b)    The determination of site for housing scheme will be prior approval of General Meeting and Registrar. The record of rights (Fard-e-Malkiat) of proposed land will be submitted to the Registrar for such an approval.

       (c)    Any amendment or increase or decrease in the housing scheme will be similarly subject to the decision of General Meeting and Registrar Punjab.

(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 local bodies/development authorities 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 & Registrar Punjab as may be necessary.

(6)    To construct residential houses and other buildings for private and public use 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 chartered 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 area will not be changed without his consent. If any change is otherwise inevitable, the approval of General Body and Registrar, Punjab 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 besides 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 bye 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, Registrar and other officers of Cooperative Societies, taking necessary action on them and send without any delay reports and statements called by them particularly the reports maintained under bye law No. 35(1) and (10).

(13)    To purchase sell, mortgage, lease or otherwise, dispose of any movable or-immovable 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 occuring in the managing committee before the next general meeting.

(17)    To appoint one of its member to carry on 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. 30,000/- per month. All positions of higher scales of pay shall be sanctioned by the general meeting subject to the approval of Registrar Punjab.

(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. Further provided that posts and incumbents getting pay more than Rs. 30,000/- shall be subject to the approval of General Meeting of Registrar Punjab

(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 Punjab levy cesses, taxes etc. and recover them for the provision of further ameneties in the colony.

(27)    To execute development for this purpose appointment of consultant or engineering shall 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, constructions, 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/commercial plots to the members subject to the confirmation of general meeting & to auction commercial plots in the presence of a representative of Registrar on contravention condition of allotment take them back with prior approval of Registrar. Change of plot if so agreed by members & approve Sub-division of plots if allowed under local body rules.

(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 restrictions imposed in Act. Rules and Bye Laws and subject to the approval of the Registrar to fulfill the society's needs.

(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 of 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 bye 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 Bye Laws or against the collective interest of its members. The General Meeting of the Managing Committee may move the Registrar to reconsider his decision.

38.    Registrar will be empowered to take punitive measure in case of 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 Bye Laws or directives of the Registrar. These punitive measures will include actions under Section 44-C and 63 of the Act & Rule 48 or inposition 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 bye 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 for 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 happenings. 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, acknowledgements, 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 of 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 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 enter into all agreements and contracts for and on behalf of the society in accordance with the terms settled or approved by the committee, provided that the Secretary will have the power to settle the terms of petty contracts upto a limit of Rs. 50,000/-.

    (8)    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.

    (9)    To give his opinion regarding annual performance of employees of the society.

    (10)    To prepare statement 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 and 31st December within a week after the close of the six months period regarding following items failing which a fine of Rs.10,000/- 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 names 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 months.
            (b)    Addition during the six months.
            (c)    Cancellation during the six months.
            (d)    At the end of the 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 plots 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 six months.

       (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.

(11)    To incur contingent or other expenditure within such limit as may be imposed by the committee or any sub-committee.

(12)    To be responsible for the safe custody and supervision of stock furniture or other property of society and keep their proper accounts.

(13)    To purchase, subject to the provision of Act. Rules, and Bye Laws and as directed by Committee, articles, goods or other property, to properly utilize, sell or otherwise dispose them.

(14)    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.

SECRETARY

SECRETARY

39.    The Managing Committee shall appoint a secretary to carry out the business of the society. The qualification mentioned in bye 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 for 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 happenings. 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, acknowledgements, 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 of 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 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 enter into all agreements and contracts for and on behalf of the society in accordance with the terms settled or approved by the committee, provided that the Secretary will have the power to settle the terms of petty contracts upto a limit of Rs. 50,000/-.

    (8)    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.

    (9)    To give his opinion regarding annual performance of employees of the society.

    (10)    To prepare statement 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 and 31st December within a week after the close of the six months period regarding following items failing which a fine of Rs.10,000/- 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 names 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 months.
            (b)    Addition during the six months.
            (c)    Cancellation during the six months.
            (d)    At the end of the 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 plots 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 six months.

       (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.

(11)    To incur contingent or other expenditure within such limit as may be imposed by the committee or any sub-committee.

(12)    To be responsible for the safe custody and supervision of stock furniture or other property of society and keep their proper accounts.

(13)    To purchase, subject to the provision of Act. Rules, and Bye Laws and as directed by Committee, articles, goods or other property, to properly utilize, sell or otherwise dispose them.

(14)    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.

TREASURER

42.    The general meeting shall elect one of 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 land 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 payments through crossed 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 of 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 bye law No. 40(1) all the accounts registers as prescribed in these bye laws and present the same to the Secretary for counter signatures 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 any bank approved by the Registrar Punjab. All payments shall be made by cross 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 bye law 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 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 bye laws and regulation of the society and all 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 to the members through secret balloting.

    (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 local body or authority. Irrespective of the number of genuine owners of any plot, 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 additions/alterations thereto in the colony shall be subject to provisions of the Building Bye Laws which will be prepared by committee and duly approved by the general meeting & Registrar Punjab.

    (6)    Allottee members shall have proprietry 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.

    (8)    Any officer of the society authorized in this behalf shall have the right to enter upon and inspect the plot or building thereupon at all reasonable timings.

PROFITS

46.    (a)    Profits will be divisible.

    (b)    Each year the society will keep 1/10th of its net profits as Reserve Fund 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, 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 dividend on their paid up shares at the rate not exceeding 60%.

DISPUTES

47.    All disputes touching these Bye Laws or the business of society between members or past member 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 / immovable 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.