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Draft

Draft — not yet finally notified. Once officially notified, your society must formally adopt these bye-laws via a resolution passed in its General Body Meeting (GBM) before they replace your existing 2014 bye-laws. This draft has been shared by the Co-operative Department for public consultation — you can submit suggestions via email at coophsgmodelbyelaws@gmail.com before the deadline of 27th August 2026.

Bye-law 132Ch.14 · Management of the Affairs of the Society

Powers, Functions and Duties of the Committee

Existing — carried forward from 2014
Draft Text

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Draft Bye-law 132: Powers, Functions and Duties of the Committee (Model Bye-laws 2026) | SocietySeWA