I am resident of Millat Nagar, Andheri West Mumbai. We need to know the procedure for keeping paying guest. Society regd no BOM/W(KW/HSG/TC/7870/1993-94 Location Mumbai Maharashtra.
We need to know if paying guest of other community, society can take objection and lodge complain against us. Also NOC is mandatory for the same, if society will not give NOC, we cannot sublet our one room.
Please guide me for the same and also give us contact number of any person can help in such matters.
I C Naik
Latest Model available in 1993-94 was Model 1984, unless your society is progressive enough to adopt the later Model.
Keeping “Paying Guest” is not visualized under any Model.
Indirect reference is in one Government order (Supplementary) issued by the Government of Maharashtra. Co-operative, Marketing & Textile Department Government Order No. SAGRUYOVA- 2010/PRA.KRA- 173/14 S Mantralaya Extension, Mumbai- 400032 Dt- 25th Feburary 2011 on Charging Non-Occupancy charges from the member of Co-operative Housing Societies as directed vide Govt. Order No. SAGRUYOA /10945 / 15165 / PRA. KRA 318/14S 5 A,Dt 1-8-2001 of Co-operation, Marketing & Textile Department. Per above order It was decided that the charging of Non-occupancy should not be more than 10% of the Maintenance Charge vide above mentioned Government orders dt. 1/8/2001. Since the word paying Guest was not included in the Said Govt. Order, the approval is given by this supplementary letter to include the word paying guest.
Bye-law No. 45 is reproduced below;
- (1) A member may, with the previous permission in writing of the Committee, sub-let or give on leave and license basis or care-taker basis his flat or part thereof or part with its possession in any other manner under the following circumstances:
(i) Where the member is required to go out of the area of operation of the society for a long duration on account of exigencies of service or business or on account of the prolonged illness;
(ii) Where the member is unable to occupy the flat owing to absence of facilities for education of the children or is unable to secure admission to the school in the locality for them.
(iii) Where his employer, with a view to ensure efficient discharge of duties, requires him to stay in the accommodation allotted to him by his employer.
(iv) Where a member satisfies the Committee about his inability to occupy or continue to occupy the flat for any other genuine reasons;
(2) No member shall be permitted by the Committee to sub-let, give on leave and license basis or care-taker basis his flat or any part thereof or part with its possession in any manner unless:
(i) he has made an application in the prescribed form;
(ii) he has furnished the application for nominal membership of the proposed sub-lettee, licensee, care-taker or possessor in the prescribed form;
(iii) his application contains the undertaking that –
(a) he shall, by joining the society as a party to the proceedings, initiate necessary legal proceedings against the sub-lettee, licensee, care-taker or possessor, on his failure to get vacant possession of the flat or part thereof on expiry of the period of sub-letting, giving on leave and licence or care-taker basis the flat or part thereof or parting with its possession in any other manner and meet the cost of the legal proceedings required to be incurred by the society.
(b) he shall pay the charges of the society every month during the period of sub-letting, licence etc.;
(c) he shall pay non-occupancy charges to society.
As per following order dated 1 -08-2001 referred to above.
ORDER
As per the powers conferred upon government under section 79 A of the Maharashtra Co-operative Societies Act 1960, the government is pleased to give following order in the interest of public.
- Government Order. No SAGRUYO 1094 / 15165 / PRA.KRA.317/14-C Mantralaya Extension, Mumbai- 32, dt 9th March, 1995 is cancelled from the date of issue of this order.
- Non-Occupancy charges shall not exceed 10% of service charges. (excluding Municipal Corporation/ Municipal Taxes).
- In case members have given their tenements/flats to their close relatives viz. mother, father, sister, brother, son, daughter, son-in-law,daughter-in-law, brother-in-law, sister-in-law, sadu (husband of wife’s sister), granddaughter, grandson etc. and to other relatives recognized by the society, in such cases, non-occupancy charges shall not be recovered.
- The said order shall be applicable to residential and commercial tenements/flats in all the Co-operative Housing Societies in the state.
- All the housing Societies in the state shall take action to make proper amendment as above their bye-laws/ sub-rules. However, even if no amendment as
above has been made, non occupancy charges should not be charged more than maximum limit mentioned in this order from the date of this order.