Section 102 in The Delhi Co-operative Societies Rules, 2007
102. Maintenance of essential services in a cooperative housing society.
(1)The Committee shall be responsible for maintaining the following essential services in the housing complex on regular basis, namely:-(a)Electricity supply;(b)Water supply and sewerage;(c)Garbage disposal;.(d)Running of lifts, borewell, Genset, Water Harvesting system and maintenance of green areas;(e)Security services;(f)Availability of plumber, electrician and Mali etc., for day to day services for all occupants;(g)Availability of fire safety equipments/systems in running condition;(h)Round the clock hours emergency response and staffing; and(i)Other services as may be specified by the General body;(2)The general body while framing regulations for maintenance of essential services including mandatory green area in the co-operative housing society shall have to take into account the common areas, common facilities and the services which are rendered to the members and the residents by the co-operative housing society. The regulations shall have to spell out the basis of fixing up of the charges for the maintenance of essential services specially in such complexes, where area of dwelling units and number of storey of flats differ in sizes. Further, where lifts are installed in building charges for its use and maintenance shall have to be paid by all members and residents in spite of the fact whether the particular member or resident is staying at any floor of the building. The general body may fix higher charges of essential services in respect of dwelling units which are on rent and in possession of tenants.(3)The maintenance charges of essential services under sub-rule (1) shall be made as a part of budget provision with the approval of the general body with a view to create a corpus fund as provided under section 81 of the Act. The committee shall be competent to review and revise the charges with the approval of the general body only where reasons for change shall have to be circulated to all the members and residents in advance.(4)On approval of the aforesaid charges under sub- rule (1) and sub-rule (2), the committee shall provide a schedule of demand payable by each member and the residents after the approval of the general body and thereafter either monthly or quarterly by a specified date which should be reasonable but not less than fifteen days to make payment of demand. Monthly or quarterly demand as the case may be, shall also be displayed on the notice board of the co-operative housing society. On failure to make payment on demand by the specified date by a member or the resident, as the case may be, the committee shall charge a simple interest not exceeding fifteen-percent per annum which shall also be fixed by the general body. Demand shall also contain extracts of sub-section (2) of section 89 of the Act relating consequences of default and resultant action against a member or resident in case of default in payment.(5)On failure of a member or resident to pay the charges as demanded by the committee by the specified date or thirty days after raising the demand, the member or resident as the case may be advised finally to clear the default within further thirty days, failing which the committee shall initiate proceedings for recovery of the dues from the defaulter member or a resident as the case may be under sub-section (2) of section 89 of the Act as arrears of land revenue by approaching the Registrar as provided in sub-section (2) of section 111 of the Act. A list of such defaulters may also be displayed on the notice board of a co-operative housing society. The committee shall approve the above action through a resolution authorising an officer to initiate action against the defaulter member or resident, as the case may be.
