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As Amended upto 28.02.2025
National Cooperative Housing
Federation of India
BYE-LAWS
6A/6, Siri Fort Institutional Area,
August Kranti Marg,
New Delhi-110049.
Tel: 011-26460535, 26491736;
Fax: 011-26495450
Email: nchf2001@yahoo.com
Bye-Laws of NCHF as amended upto 28.02.2025
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Name
1.
The name of NCHF shall be ‘The National Cooperative Housing Federation of India
Limited’.
Area of Operation
2.
The area of operation of NCHF shall extend to whole of the Union of India.
Registered Office
3.
Registered office of NCHF will be at 6A/6, Siri Fort Institutional Area, August Kranti
change in the address and e-mail address shall be notified to the Central Registrar
within 15 days of its change.
Definitions
4. In these Bye-laws, unless there is anything repugnant in the subject or context:
(a)
(b)
The ‘NCHF’ means the `The National Cooperative Housing Federation of
India Limited’.
‘Central Registrar’ means the Central Registrar of Cooperative Societies
appointed, or a person on whom powers of the Central Registrar are
conferred, under the Multi-State Cooperative Societies Act, 2002 as
amended by Multi-State Cooperative Societies (Amendment) Act, 2023
and Rules made thereunder.
(c)
‘Financial Year’ means the year ending 31st day of March of the year and
where the accounts of such society or class of such societies are with the
previous sanction of the Central Registrar, balanced on any other day, the
year ending on such day.
(d)
‘Member’ means a person joining in the application for registration of
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NCHF or who has been admitted to membership in accordance with the
provisions of the Act, the Rules and the Bye-laws.
(e)
(f)
‘The Board’ means the Board of Directors of NCHF.
‘General Body’ means all the members of NCHF except the nominal
members.
(g)
(h)
(i)
‘Act’ means the Multi-State Cooperative Societies Act, 2002 as amended
by Multi-State Cooperative Societies (Amendment) Act, 2023.
‘Rules’ means the Multi-State Cooperative Societies Rules framed under
the Act.
‘Bye-Laws’ means the Bye-laws for the time being in force, which have
been duly registered or deemed to have been registered under the Act
and includes amendments thereto, which have been duly registered or
deemed to have been registered under the Act.
(j)
(k)
(l)
‘Cooperative Principles’ means the cooperative principles specified in the
First Schedule of the Act.
‘National Cooperative Society’ means a multi-state cooperative society
specified in the Second schedule of the Act.
‘Cooperative Housing Society’ means a society, the object of which is to
provide its members with open plots for housing dwelling/flats and
common amenities & services.
(m)
‘Auditor’ means a person appointed by the General Body to audit the
accounts of NCHF.
(n)
‘Dividend’ means the amount paid out of the profits/surplus of NCHF to a
member in proportion to the shares held by him.
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(o)
‘Flat’ means an apartment or flat which is a self-contained housing unit
that occupies only part of a building. Such a building may be called an
apartment building, block of flats or, especially if it consists of many
apartments/flats for rent.
Apartments may be owned by an
owner/occupier or rented to tenants.
(p)
(q)
(r)
‘NHB’ means National Housing Bank established under National Housing
Bank Act 1987 (953 of 1987).
‘LIC’ means Life Insurance Corporation of India established under the Life
Insurance Corporation Act, 1956 (31 of 1956).
‘Officer’ means a person elected or appointed by NCHF to any office
according to its Bye-laws and includes Chairman, Vice-Chairman,
Director, Chief Executive, to give directions in regard to the business
under the Act, Rules and Bye-laws.
(s)
‘Special Resolution’ means a resolution of the General Body of NCHF
which has approval of more than fifty percent of the members having
right to vote and not less than 2/3rd of the members present and voting
at the meeting in which it was passed.
(t)
‘Nominal member’ means a person who has been admitted as a nominal
member under the bye-laws of NCHF.
(u)
‘Delegate’ means a person who is duly nominated by a member
institution in accordance with the provision of Section 38(3) of the Act as
its representative to the General Body of NCHF.
(v)
‘Relative’ means
a) Spouse
b) Father, (including step father)
c)
Mother, (including step mother),
d) Son (including step son)
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e) Son’s wife,
f)
g)
Daughter (including step daughter)
Daughter’s husband,
h) Father’s father
i)
Father’s mother,
Mother’s father
Mother’s mother
Son’s son,
j)
k)
l)
m) Son’s son’s wife,
n) Son’s daughter
o) Son’s daughter’s husband
p) Daughter’s son,
q) Daughter’s son’s wife,
r)
s)
t)
Daughter’s daughter,
Daughter’s daughter’s husband
Brother (including step brother)
u) Brother’s wife,
v)
Sister (including step sister),
w) Sister’s husband and
x)
Hindu undivided family
(w)
(x)
‘Authority’ means cooperative election authority established under
clause(1) of section 45 of the MSCS (Amendment) Act, 2023
‘Cooperative Ombudsman’ means the ombudsman appointed by the Central
Government under section 85A of the MSCS (Amendment) Act, 2023
Objects and Functions
5. The main objects of NCHF shall be to promote, coordinate and facilitate the
operations of member organisations and cooperative housing societies to enable
them to provide affordable houses/flats to their members. In pursuance of these
main objects, the NCHF may undertake one or more of the following activities:-
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(1)
To provide a common forum for dealing with technical, financial and practical
problems relating to cooperative housing and to devise ways and means of
solving these problems.
(2)
(3)
To organize conferences, conventions, seminars, working groups etc. relating
to cooperative housing and allied matters.
To carry on publicity and propaganda of Cooperative Housing Movement and
for the said purpose to arrange for the publication of periodicals, news
bulletins and journals, exchange statistics and information relating to
cooperative housing.
(4)
(5)
(6)
To raise funds by borrowing or otherwise.
To grant loans or advances to the members.
To manage, sell and realize property, moveable or immovable, to acquire and
hold and generally deal with any property and any right, title or interest in
any property, moveable or immovable; to construct, acquire, maintain and
alter any building necessary or convenient for the purpose of NCHF and sell,
manage, develop, exchange, lease mortgage, dispose of or otherwise deal
with any property or rights of NCHF.
(7)
(8)
(9)
To coordinate and guide the working of member organizations and to render
services to the members in respect of planning and construction etc. of
houses and make available expert advice/services for this purpose.
To open Building Centres and also to procure through stockist-ship/
dealership, manufacture, stock and supply building materials to housing
cooperatives and general public.
To organize research work with the objective of:
(i)
increasing the social and economic benefits of members of housing
cooperatives;
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(ii) improving the resource generating capabilities and house construction
practices of housing cooperatives;
(iii) promoting the application of appropriate technologies, designs and
materials for achieving economy in construction costs; and
(iv) collection, storage, retrieval and dissemination of data/information on
cooperative housing activities.
(10) To
organize
apex
cooperative
housing
finance
societies/federations/corporations in those States where such organizations
do not exist.
(11) To assist Member Organisations in obtaining loans from Government, LIC,
NHB, HUDCO or any other financing agency specialized in advancing loans for
housing including international organizations.
(12) To establish contacts with the Institutions in India as well as outside India,
carrying out the research work in housing sector and to keep the member
organisations informed about the improvement and research made in the
housing sector by these Institutions.
(13) The NCHF shall become the member of National and International Level
Cooperative Institutions which are interested in the Cooperative Housing
Movement.
(14) To carry on agency business of every kind and description connected with the
house construction activities.
(15) To undertake such other activities as are conductive or incidental to the
attainment of the main objectives of NCHF.
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(16) To promote one or more subsidiary institution with the approval of General
Body which may be registered under any law for the time being in force for
the furtherance of its stated objects.
(17) To organize cooperative education, training and information programmes for
its members, directors, employees and personnel of housing cooperatives
and to provide funds for this purpose.
(18) To enter into collaboration with national or international Agency(s) or
body(s) for manufacturing, distribution, import and export of building
materials, fitting and fixtures and also facilitating transfer of cost-effective
technologies in construction and manufacturing of building materials for the
benefit of housing cooperatives and member institutions.
(19) To get insure the properties of housing cooperatives against various perils
from insurance companies.
(20) To enter into agreement with the Government of India/State
Governments/Government
organisations/Statutory
organisations/
cooperative organisations/private builders/promoters for collaboration or
construction/redevelopment and other major works.
(21) To purchase land from the Government Organisations/Private owners and
construct houses/flats and commercial complexes on its own or in
collaboration with member organisations.
(22) To buy or acquire land and develop it for distribution among
members/prospective members and provide common amenities like roads,
drainage, street lights, parks, playgrounds, schools, colleges, hospitals,
community halls, water works, shopping malls, post office, banks, places of
worship.
(23) To undertake work relating to the structural audit of the cooperative housing
societies.
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(24) To undertake construction of rental housing in major cities across the
country.
(25) To open branches of NCHF in various parts of the country.
(26) (a) To ensure compliance of cooperative principles.
(b) To make model Bye-laws of housing cooperatives
(c) To promote harmonious relation among member institutions.
Membership
6. (a) The membership of the NCHF shall be open to:
(i)
The
State
level
apex
cooperative
housing
finance
societies/federations/corporations set-up with the main object of providing
long term loans to their affiliated primary cooperative housing societies as
well as individual members.
(ii)
Multi-State Cooperative Housing Federations/Corporations and other
cooperative institutions engaged in house construction activities and/or
disbursement of housing loans and/or education and training for housing
cooperatives.
(iii)
(iv)
(v)
The Central Government.
A State Government.
The National Cooperative Development Corporation established under the
National Cooperative Development Corporation Act, 1962 (26 of 1962).
(vi)
Any other corporation owned or controlled by the Government.
(vii) Any Government company as defined in Section 617 of the Companies Act,
1956 (1 of 1956).
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(viii) Such class or classes of persons or association of persons as may be permitted
by the Central Registrar having regard to the nature and activities of NCHF.
(b) Every member, except the Government on admission shall pay Rs.1000/- as
admission fee, which shall not be refundable in any case.
Every member shall hold minimum of twenty five (25) shares. No member shall hold
more than one-fifth of the total shares of NCHF except the institutions mentioned in
Bye-law No.6(a)(iv to viii). The Government of India may hold maximum of five
thousand (5000) shares.
(c) Nominal Members
Any Government company as defined in Section 617 of the Companies Act, 1956 or
any other Corporation owned and controlled by the Government and such other
persons, societies, institutions, public sector undertakings, Government agencies,
housing organizations and institutions engaged in research and building materials
technologies not covered in Bye-law No. 6(a) above, with whom NCHF is likely to
have business thereof provided the application for admission for such membership
is received alongwith the admission fee of Rs. 1,000/- and is duly accepted by the
Board of Directors, may be admitted as nominal members. Such admission fee shall
not be refundable in any case. Such members shall not be entitled to subscribe to
the shares of NCHF or have any interest in the management thereof including right
to vote, elect as Director of the Board or participate in the General Body Meetings
or in the sharing of its profits and assets.
(d) No individual shall be eligible for the membership of NCHF.
(e) Procedure for obtaining the membership of NCHF.
The application for membership of NCHF shall be submitted by the person
authorized by the Competent Body of the society/institution seeking membership of
NCHF. The application shall be submitted in the prescribed form and accompanied
by the following documents:
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(i)
an attested copy of the Bye-laws/Memorandum of Association of the
society/institution.
(ii)
an attested copy of the Resolution passed by the Competent Body of the
society/institution deciding to obtain the membership of NCHF and
authorizing the person for submitting the application.
(iii)
a copy each of the latest Annual Report, Audit Report of the
society/institution;
(iv)
(v)
an attested copy of the registration certificate of the society/institution;
bank draft towards admission fee and share capital subscription as per NCHF
Bye-law No.6(b) and 9(a)(1).
The application found complete in all respects will be placed before the Board of
Directors for its approval.
Every application for membership shall be disposed off within a period of 4 months
from the date of receipt of the application and the same shall be communicated to
the applicant society/institution within 15 days of the decision by Registered/Speed
Post and e-mail also.
(f) Rights of Members
Every Member, except Nominal Members, of NCHF otherwise eligible shall have the
following rights as per Bye-laws of NCHF.
(i)
Right to vote;
(ii)
(iii)
Right to receive notice and attend the general body meetings;
Right to attend and take active part in the proceedings of the committee of
which he is a member;
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(iv)
Right to take part in elections and contest for any post as per the provisions
of the Act, Rules and Bye-laws of NCHF.
Cessation of Membership
7.
Membership of NCHF shall cease:
(a) On the cancellation of registration or liquidation of a member institution.
(b) On a member institution deciding to resign, provided that such a decision is
duly communicated to NCHF. Disaffiliation in such a case shall take effect after
three months from the date of receipt of such resolution by NCHF.
(c) On a member institution failing to represent in three consecutive General
Meetings of NCHF and such absence has not been condoned by the majority
of members in General Meeting.
(d) On a member making default of any payments to NCHF and such payments
have been due and payable for a period of two years.
7(A)
Expulsion of Members
A member institution may be expelled if in the opinion of the board it has brought
disrepute to NCHF or has done any other acts which are detrimental to the interest
of NCHF provided a resolution to that effect is passed by a majority of not less than
two-thirds of the members present and voting at a General Meeting of members
held for the purpose and member concerned has been given reasonable opportunity
of making representation in the matter. No member of NCHF, who has been
expelled, shall be eligible for re-admission as a member for a period of three years
from the date of such expulsion.
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7(B)
Removal of Elected Members
An elected member of the Board, who has acted adversely to the interests of NCHF,
may on the basis of a report of the Central Registrar or otherwise be removed from
the Board upon a resolution of the general body passed at its meeting by a majority
of not less than two-third of the members present and voting at the meeting:
Provided that the member concerned shall not be removed unless he has been given
a reasonable opportunity of making a representation in the matter.
Liabilities
8.
The liability of the members in the event of liquidation of NCHF shall be limited to
the value of their shares and the amount of subscription payable by them on the
date of liquidation.
Funds
9. (a) The funds of NCHF shall be raised as under:-
(1) The authorized share capital of NCHF shall be Rupees Ten crore made up of
1,00,000 shares with face value of Rs.1,000/- each to be allotted generally to
the State level apex cooperative housing finance societies/
federations/corporations and other members;
(2) Annual Subscription payable by members at the rate fixed by the General Body
from time to time;
(3) Deposits from members;
(4) Loans and advances;
(5) Donations, contributions and grants, from the members, Government and
others;
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(6) Sale proceeds of publications, journals, periodicals etc.
(7) Share capital contributed by the Government;
(8) Profit;
(9) The total amount of deposits and loans received by NCHF during any financial
year shall not exceed ten times of its paid-up share capital and reserves.
(b) The NCHF may also create (i) Cooperative Education, Training and Information Fund
(ii) Corpus Fund (iii) Reserve Fund (iv) Development Fund (v) Building Fund; and any
other Fund as decided by the General Body from time to time.
9(A)
Investment of Funds
The funds of NCHF when not employed in the business shall be invested or deposited
in any of the Cooperative Bank, State Cooperative Banks, Cooperative Land
Development Bank or Central Cooperative Bank; or in any of the securities issued by
the Central Government, State Government, Government Corporations,
Government Companies, Authorities, Public Sector Undertakings or any other
securities ensured by Government guarantees; or in the shares or securities of any
other Multi-State Cooperative Society or any Cooperative Society; or in the shares,
securities or assets of subsidiary institution or any other institution in the same line
of business of NCHF; or with any other Scheduled or Nationalized Bank or in such
other manner as may be determined by the Central Government .
Payment of Subscription
10.
The Annual Subscription payable by the member must be remitted before 30th June
every year. If the annual subscription is not paid before the end of June every year,
the defaulting member shall not exercise the rights of membership till the arrears of
subscription are paid. In the event of default by a member in the payment of annual
subscription the representative of such member if holding the office of NCHF shall
cease to hold such office.
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10 (a) In case of continuous default in payment of Annual Subscription for the preceding
two years of election, the representative of such member institution shall not have
the right to participate and cast vote in the election.
General Body
11.
(i)
The General Body of NCHF shall consist of all its members except the nominal
members. Each member institution shall be represented by one delegate
elected/ nominated to the General Body by the member institution. Where in
any meeting of the General Body or the Board of NCHF, a cooperative society
or another Multi-State Cooperative Society is to be represented, they shall be
represented in such meeting only through the Chairman/President or the Chief
Executive or a member of the Board, if such member is so authorized by the
Board of such cooperative society or other Multi-State Cooperative Society as
the case may be and where there is no Board of such cooperative society or
other Multi-State Cooperative Society, for whatever reasons, through the
Administrator, by whatever name called of such cooperative society or other
Multi-State Cooperative Society.
(ii) The representatives of the Government of India, NHB and LIC on the Board
shall be invited to the General Body meetings as Special Invitee.
(iii) The delegates of member society will be nominated for a period of 5 years by
a resolution of the General Body or Management or other competent body of
the member society as the case may be. Such delegates shall continue to
function till otherwise their nominations is withdrawn by a competent
authority of the society. In case of change of delegate a 30 days notice shall be
given and new delegate shall function for the unexpired term of the original
delegate.
Ultimate Authority
12.
The ultimate authority in all matters relating to the administration of NCHF shall vest
in the General Body as provided in the Act.
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Meeting
13.
A General Body meeting of NCHF shall be held every year not later than six months
after the close of the financial year.
Notice
14.
At least 14 days’ notice in writing shall be given for a meeting of the General Body.
The notice shall be accompanied by a copy of each of the audited balance-sheet, profit
and loss account together with the auditors report relating to the preceding year and
the report of the Board of Directors thereon and specify the date, venue and time of
the meeting and the agenda for the meeting. The meeting will be held at the principal
place of the NCHF.
Quorum
15.
(a)
(b)
One fifth of the total number of members subject to a minimum of five shall
form the quorum for a general meeting.
If the quorum is not formed within half an hour of the time fixed for the
meeting, the meeting shall stand adjourned to a date not beyond seven days
thereof, as determined by the Chairman of NCHF. The agenda for such
adjourned meeting shall be the same as for the original meeting. No quorum
shall be necessary for the adjourned meeting.
Powers and Functions of General Body
16. The powers and functions of the General Body shall be as under :-
(1)
To approve Annual Report, Annual Receipts and Expenditure Statement,
Annual Budget and Annual Plan of work and to fix the credit limits.
(2)
(a)
To elect members of the Board of Directors.
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(b)
To remove the elected member of the Board of Directors who has
acted adversely to the interests of NCHF.
(3)
(4)
(5)
(6)
To consider the annual audit report/audit compliance report.
To amend the bye-laws of NCHF.
To declare dividends and appropriate profits.
To create Cooperative Education, Training and Information Fund; Corpus
Fund; Reserve Fund; Development Fund; Building Fund and any other fund
for the benefit of NCHF.
(7)
(8)
To appoint Statutory Auditor who will function upto the conclusion of the
next annual general meeting.
Provided that such Auditor or Auditing Firm shall be appointed from a panel
approved by the Central Registrar.
To formulate code of conduct for members of Board of Directors and Officers
of NCHF.
(9)
To expel members.
(10)
(11)
(12)
To review annual report and accounts of subsidiary institution.
To review actual utilization of reserve and other funds.
To consider any other business brought forward with the permission of the
Chairman of the General Body.
17.
(a)
All matters before the General Body shall be decided by majority of votes and
each member shall have only one vote. In the event of tie, the Chairman of
the meeting shall have a casting vote in addition to his ordinary vote.
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(b)
(c)
All business discussed or decided at the meeting of the General Body shall be
recorded in the Minutes book within 30 days, which shall be signed by the
Chairman of the meeting and the Chief Executive.
Every member shall exercise his vote in person and no member shall be
permitted to vote by proxy.
The delegate of a member institution which has not been a member of NCHF
for at least 30 days before the date of General Body meeting may attend the
General Body meeting but shall not be eligible either to exercise the right to
vote, participate in the election or to contest election for any post.
Delegates from defaulting member institution shall not be entitled to
exercise the right to vote or to seek election to any office.
Chairman of the General Meeting
18. The Chairman of NCHF and in his absence, the Vice-Chairman and in the absence of
both, any member elected by the General Body shall preside over the meeting of the
General Body, ordinary or special.
Special General Meeting
19.
(i)
A special meeting of the General Body may be convened by the Chief
Executive on the direction of the Board and such meeting shall be called
within one month after receipt of requisition in writing from the Central
Registrar or from at least one half of the members of NCHF specifying the
subjects for discussion.
(ii)
At least seven days notice shall be given for a special meeting of a General
Body.
(iii)
In case a requisitioned meeting could not be held for want of quorum, the
requisition shall lapse.
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Board of Directors
20. The Board of Directors shall consist of:-
(1)
19 delegates from member institutions. All the representatives of member
institutions will elect 19 Directors. Each member will have 19 votes to be cast
through single ballot.
(2)
(3)
(4)
Two nominees of the Central Government
Chief Executive of NCHF.
Two persons will be coopted one each from the National Housing Bank (NHB)
and the Life Insurance Corporation of India (LIC) to facilitate regular financial
support from funding institutions.
(5)
(6)
At the first meeting of the Board, the Directors shall elect the Chairman and
Vice-Chairman.
No member of the Board shall be eligible to be elected as Chairman or Vice-
Chairman of the NCHF, if such member is a Minister in Central or State
Government and/or holding any office in more than one Multi-State
Cooperative Society. No member of the Board shall be eligible to be elected
as Chairman after he has held office as such during two consecutive terms,
whether full or part, provided that a member, who has ceased to hold office
of the Chairman continuously for one full term shall again be eligible for
election to the office as such. The term of the Chairman and Vice-Chairman
shall be co-terminus with the term of the Board of Directors. The Board will
fill casual vacancies up to one-third of number of elected Directors on the
board by nomination out of the same class of members in respect of which
the casual vacancy has arisen, if the term of office of the Board is less than
half of its original term. In case the number of such casual vacancies in the
same term of the board exceeds one-third of number of elected directors,
such vacancies shall be filled by elections.
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20(A) Disqualification for being a Member of Board
A Member of the Board of Directors shall be cease to hold office if he:
(a)
Is retained or employed as a legal practitioner on behalf of NCHF or against
NCHF on behalf of or against member institution.
(a)
Has been convicted for any offence under the Act involving moral turpitude.
Has been adjudged by a competent court to be insolvent or has been director
of an insolvent company or of unsound mind.
(c)
(d)
(e)
Absents himself from three consecutive Board meetings and such absence
has not been condoned by the Board.
Absents himself from three consecutive General Body Meetings and such
absence has not been condoned by the members in the General Body.
A person shall not be eligible for being elected as member of Board of NCHF
for a period of five years if the Board fails:
(i)
to provide information, documents, personnel, funds or expenses or
any other assistance as required by the Cooperative Election
Authority for conducting elections under the Act.
(ii)
to call the Annual General Meeting under the Act; or
(iii)
to prepare the financial statement and present the same in the
Annual General Meeting.
(iv)
to make contribution to the cooperative education fund or the
Cooperative Rehabilitation, Reconstruction and Development Fund
established under the Act; or
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(v)
(vi)
(i)
to file annual return specified in the Act within the time specified
therein; or
to get the audit of NCHF conducted within six months of the close of
the financial year to which such account relate.
21.
(a)
The Chairman of NCHF, when present, shall preside at all meetings of
the Board. In his absence the Vice-Chairman shall preside and in the
absence of both of them, the member present shall elect one from
amongst themselves as a Chairman for the meeting.
(ii)
Meetings of the Board of Directors shall be held when necessary but
at least once in a quarter and may be convened at any time and at any
place by the Chief Executive at the instance of the Chairman and not
more than two persons shall be invited in the Board Meetings as
‘Special Invitee’.
In a situation where the Chairman fails to direct the Chief Executive
to convene the Board Meeting within the quarter, the Chief Executive
shall convene the meeting on the basis of requisition of any other
member of the Board; or on the basis of requisition from at least fifty
per cent of Members of the Board.
(iii)
(iv)
(v)
The views of the Board of Directors may also be obtained by
circulation. In case of any dissent, the matter shall be placed before
the next meeting of the Board for decision.
One-third of the number of members of the Board of Directors or if
their number is not three or multiple of three, then the number
nearest to one third, shall form the quorum.
Each member of the Board shall have one vote. The Chairman of the
meeting shall have a casting vote in addition to his own vote in the
event of equality of votes.
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(vi)
The term of the Board of Directors shall be five years from the date of
elections. Provided that elected members shall continue to hold
office till their successors are elected or nominated under the
provisions of the Act, the Rules and the Bye-laws and assume charge
of their office.
(vii) In case of nominees of Government of India, their membership in the
Board will continue as long as they are not withdrawn by the
Government.
(b)
All business discussed or decided at a meeting of Board of Directors shall be
recorded in a Minutes book, which shall be signed by the Chairman of the
meeting and the Chief Executive. Copies of the Minutes shall be supplied to
all members of the Board within 15 days of the meeting.
Powers and Duties of the Board
22. The Board shall have the following powers and duties:
(i)
To exercise all such powers and enter into all such agreements, make all such
arrangements, take all such proceedings and do all such acts and things as
may be necessary or proper in furtherance of the objects of NCHF.
(ii)
To place the Annual Report, Annual Financial Statements, Annual Plan and
Budget for the approval of General Body and to consider audit and
compliance Report and place the same before the General Body.
(iii)
(iv)
To admit members and issue new shares and transfer old shares.
To authorize the summoning of the General Body meeting in accordance
with these bye-laws.
(v)
To consider and express opinions on problems of common interest
concerning members.
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(vi)
To appoint Chief Executive of NCHF subject to the provisions of the Act, Rules
and Service Rules of NCHF.
(vii)
To constitute an Executive Committee, Technical Advisory Committee, Audit
and Ethics Committee, Committee on Prevention of Sexual Harassment at
Work Place and other Committees or Sub-Committees from among its own
members and delegate to them specific duties as may be considered
necessary.
(viii)
To fix the scale of salaries to be paid to Chief Executive and other employees
of NCHF.
The recruitment of employees at various levels would be carried out through
a transparent, objective and adequately publicised competitive process as
per the educational and experience criteria as specified in the Service Rules
of NCHF duly approved by the Board.
(ix)
To purchase, sell, hire or otherwise acquire and dispose off property of and
for NCHF.
(x)
To arrange for the internal checking of the accounts of NCHF.
To accept or reject the resignation from a member.
(xi)
(xii)
To accept or reject the resignation from the members of the Board of
Directors and in case of acceptance, vacancy shall be filled-up by
election/nomination for the remaining period as per section 45J of the Act.
(xiii)
(xiv)
(xv)
To approve the annual and supplementary budget of NCHF.
To frame rules for the election of Directors.
To decide to affiliate NCHF with any National or International level
Cooperative Federations.
(xvi)
To raise or borrow such sums of money as may be required by NCHF.
To lend monies and make advances to the members.
(xvii)
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(xviii) To co-opt member under Bye-law No. 20(4).
(xix)
(xx)
To frame subsidiary rules for the regulation of the business of NCHF.
To call the meeting of the General Body.
(xxi)
To call a Special General Meeting of NCHF within one month,
(a)
On receipt of a requisition in writing from the Central Registrar
and/or
(b)
On the requisition by at least one half of members of NCHF specifying
the subjects for discussion.
(xxii)
To recommend appointment of Internal Auditor and to fix the remuneration.
To delegate financial powers to the Chairman and the Chief Executive.
(xxiii)
(xxiv) To facilitate election of the Board of Directors by Cooperative Election
Authority.
Executive Committee
23. (a)
The Board of Directors shall constitute an Executive Committee comprising
the following members;
(i)
Chairman;
(ii)
Five Directors to be elected by the Board of Directors including one
representative of the Government of India;
(iii)
Chief Executive will be Member Secretary.
(b)
Ordinary 15 days notice shall be given for a meeting of Executive Committee.
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(c)
The quorum for the meeting of Executive Committee shall be three.
Powers and Duties
(d)
The Executive Committee shall have the following powers and duties:-
(i)
To sanction contingent expenditure up to Rs. One lakh.
(ii)
To invest surplus funds of NCHF in accordance with the Act and Rules
on the advice of Board.
(iii)
(iv)
(v)
To establish and maintain provident or other funds for the benefit of
its employees.
To appoint trustees, attorneys and agent to defend and institute legal
proceedings on behalf of NCHF.
To take action on all administrative matters and also to arrange for
the custody of cash.
(vi)
To deal with all staff matters, except class III and IV including
promotion/disciplinary action, suspension or removal etc. as per
rules framed by the Board.
(vii) Any other duty or function entrusted by the Board.
Technical Advisory Committee
23(A) The Board of Directors shall constitute a Technical Advisory Committee comprising
the following members;
(i)
Chairman
(ii)
Two Directors to be elected by the Board of Directors
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(iii)
(iv)
(v)
An Architect
A Civil Engineer.
A Financial Expert preferably a Chartered Accountant
A Cooperative and/or a Legal Expert
Chief Executive will be Member Secretary
(vi)
(vii)
Duties/Functions of the Technical Advisory Committee shall be as entrusted by the
Board of NCHF.
Audit and Ethics Committee
23(B) The Board of Directors of NCHF shall constitute an Audit and Ethics Committee.
Duties/Functions of the Audit and Ethics Committee shall be entrusted by the Board
of NCHF.
Committee on Prevention of Sexual Harassment at Work Place
23(C) The Board of Directors of NCHF shall constitute a Committee on Prevention of Sexual
Harassment at Work Place. Duties/Functions of the Committee on Prevention of
Sexual Harassment at Work Place shall be entrusted by the Board of NCHF.
Powers and Functions of the Chairman
24.
The Chairman shall have the following powers and function:
(i)
The Chairman shall be the spokesman of the Policy of NCHF. He shall preside
over the meetings of the General Body, Board of Directors, Executive
Committee and National Cooperative Housing Conferences/
Seminars/Workshops. In the absence of the Chairman, the Vice-Chairman
will preside over the meetings of the Board/General Body. In the absence
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of the Chairman and Vice-Chairman, members present shall elect a
Chairperson for the meeting.
(ii)
Notwithstanding anything contained in the Bye-laws it shall be competent
for the Chairman to empower the Chief Executive to ascertain the opinion
of the Board of Directors or Executive Committee on any matter he might
consider urgent or expedient by circulation of paper to members. On
receipt of such information, the Chairman may decide the question as per
the opinion of the majority of members. The decision taken shall be placed
before the next meeting of the Board of Directors for information.
(iii)
(iv)
The Chairman shall sign the Minutes of all the meetings presided by him.
In the event of equality of votes on a resolution the Chairman shall have an
additional casting vote in the meeting of the General Body.
(v)
The Chairman shall be competent to take decisions as are of urgent and
emergent nature effecting the policy of NCHF on behalf of the Board,
Executive Committee or any other Committees. The matter will be placed
before the next meeting concerned for ratification.
Chief Executive
25.
(1)
(a)
(b)
The Chief Executive of NCHF shall be appointed by the Board and
shall aid and assist the Board of Directors in its functions.
The Chief Executive of NCHF shall exercise control over the Staff of
NCHF.
(2)
The Chief Executive shall, subject to the general control of the Board of
Directors, Executive Committee and the Chairman have the following
powers and duties:
(i)
To ensure the maintenance of the prescribed papers and registers
correct and up to-date.
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(ii)
To ensure the preparation of Receipt Vouchers, and other
documents required by the notified Rules and Bye-laws or by the
Board.
(iii)
(iv)
(v)
To sign and enter into agreements on behalf of NCHF and conduct
its correspondence.
To convene and attend General Body and Special General body
meetings and meetings of the Board of Directors.
To record Minutes of the General and Special General Body
Meetings and the Board of Directors meetings and have them duly
signed.
(vi)
To prepare the annual statements and submit them.
(vii) To be the officer of NCHF to sue or be sued on behalf of NCHF.
(viii) To execute all decisions of the Executive Committee, Board of
Directors and General Body Meetings.
(ix)
(x)
To appoint Class III and Class IV Staff.
To present the draft Annual Report and financial statements for the
approval of the Board within 45 days of the closer of the Financial
Year.
(3)
The Chief Executive shall be a member of the Board and of the Executive
Committee and other Committees or Sub-Committees as constituted under
these bye-laws.
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Disposal of Net Profit
26.
Subject to the provision of the Act and Rules, the net profit of NCHF shall be
distributed by the General Body in the following manner:-
(i)
Not less than 25% of the net profit shall be carried to the Reserve Fund.
(ii)
One per cent of the net profit shall be contributed to the Cooperative
Education Fund maintained by the Central Government.
(ii)(a) In case NCHF is in profit for preceding three years, one per cent of the net
profit or Rs.1.00 crore (whichever is less) shall be contributed to the
Cooperative Rehabilitation, Reconstruction and Development Fund
maintained by the Central Government.
(iii)
Not less than 10% of the net-profit shall be carried to the Reserve Fund for
meeting unforeseen losses.
(iv)
10% of the net profit shall be carried to the Education, Training and
Information Fund maintained by NCHF for conducting Technical Training
and other programmes.
(v)
The balance of net profit may be utilized for the following purposes:-
(a)
(b)
(c)
Distribution of dividend amongst members at a rate not exceeding
10% per annum on the value of shares actually paid up.
Contribution to Building Fund and Development or any other fund
of NCHF.
Distribution of Ex-gratia to employees of NCHF.
(vi)
The undistributed profit shall be added to the Reserve Fund of NCHF.
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Contributory Provident Fund
27.
The NCHF shall establish a contributory provident fund (CPF) for the benefit of its
employees:
(i)
The CPF shall vest and be administered by the Chairman, Chief Executive and
one representative of the Staff.
(ii)
(a) The amount of subscription shall be fixed by the subscriber himself, but
shall not be less than 10% of his ‘Pay’ and shall not be more than 25%
of the total emoluments. Provided that amount of contribution that
can be deducted from the `Pay’ of an employee shall not be less than
the ceiling as provided in the EPF&MP Act, 1952.
(b) Contribution of NCHF to the CPF of subscriber shall not be less than
10% of his ‘Pay’ or a higher amount as may be approved by the Board
subject to the maximum ceiling as provided in the EPF&MP Act, 1952.
(iii)
(iv)
Every subscriber at the time of joining CPF shall make a nomination
conferring the one or more persons to receive the amount that shall stand to
his credit.
A temporary advance may be granted to a subscriber to meet expenses in
connection with–
(a) To pay expenses in connection with the illness of self and/or a member
of his family.
(b) To pay for pursuing academic, technical or specialised course in India
beyond High School stage or for higher education including cost of
passages to a place out of India of a member of his family.
(c) Obligatory expenses for marriage and other ceremonies of his family.
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(d) To meet expenditure for purchase of land for residential purpose or for
purchase/construction or renovation of dwelling house.
(v)
The amount of advances as specified in clause (iv) (a) and (b) shall not exceed
six months’ pay or 50% of the amount at the credit of subscriber whichever
is less.
Provided that the advance as specified in clause (iv) (c) and (d) shall not
exceed twenty months’ pay or the total amount of his own contribution
whichever is less.
(vi)
Advances shall be recovered in such a number of equal monthly instalments
as the sanctioning authority may direct but such number of instalments shall
not be more than 24 in case of clause-(iv)(a) and (b) and not more than 50
instalments in case of Clause (iv)(c) and (d).
(vii) Recovery of the advance shall commence on the first occasion (after the
advance is made) on which the subscriber draws the emoluments.
(viii) Second advance shall be permitted after a gap of six months from the
recovery of final instalment of previous advance.
(ix)
Each subscriber shall be paid the full amount of the Fund standing at his
credit on his normal retirement from service after attaining the age of
superannuation or after resignation from the service of NCHF on completion
of 10 years’ of continued service in NCHF.
Provided that an employee may apply for final withdrawal up to 50% of the
amount standing at his credit after completion of 20 years’ continuous
service in NCHF, and the Board of trustee may grant such final withdrawal on
the merit of each case.
(x)
The Chairman and Chief Executive will operate the CPF account jointly. The
sanctioning authority for grants of loans and fixing repayment etc. will vest
with the Chief Executive.
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(xi)
The withdrawal of temporary advance will be permitted only after the
submission of evidence of expenditure to be incurred by the subscriber
against the advance.
Amendment of Bye-Laws
28.
The amendments of the Bye-laws of NCHF shall be deemed to have been duly passed
if a resolution in that behalf is passed at a meeting of its general body held for that
purpose by not less than 2/3rd of members present and voting provided 15 clear days
notice of the proposed amendments has been given to members. Such amendments
shall be forwarded to the Central Registrar for registration within a period of 60 days
from the date of the meeting at which the resolution was passed.
Audit
29.
(a)
(b)
The Board of Directors shall arrange for proper internal audit and supervision
either through its own employees or through the firm of Chartered
Accountants to be appointed for the purpose.
The General Body of NCHF in its Annual Meeting shall appoint Auditor or
Auditors to conduct statutory audit of the accounts of the next year. Such
Auditor or Auditors could be appointed from the panel of Auditors approved
by the Central Registrar. The remuneration of the Auditors shall be fixed by
the General Body or Central Registrar as the case may be.
(c)
No person shall be qualified for appointment as an Auditor or Auditors unless
he is a Chartered Accountant within the meaning of Chartered Accountants
Act, 1949.
(d)
Disqualification of Auditors, powers & duties shall be as provided under the
Act & Rules.
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General
30.
(a)
(b)
(c)
All matters not specifically provided for are to be decided in accordance with
the Act and Rules notified there under.
In the event of conflict between the Bye-laws of NCHF and affiliated
institutions, the Bye-laws of NCHF shall prevail.
No act of General Body or the Board of Directors or Executive Committee
shall be deemed invalid by reasons of the defect in the election of members
thereof or by reason of any vacancy therein not having been filled in
accordance with these Bye-laws.
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