Section 21 in The M.P. Prakoshtha Swamitva Adhiniyam, 2000
21. Bye-laws.
(1)The administration of the affairs to the association and the management of the property and the common areas and facilities and services shall be governed by the bye-laws of the association. The association, at its first meeting shall make its bye-laws in accordance with the model bye-laws prescribed under this Act and no departure from variation of addition to or omission from the model bye-laws shall be made except with the prior approval of the Competent Authority and no such approval shall be given if, in the opinion of the Competent Authority such departure, variation, addition or omission shall have the effect of altering the basic structure of the model bye- laws. No bye-law and no amendment of the bye-laws shall be valid unless approved by the Competent Authority and registered with it.(2)The model bye-laws prescribed under the Act shall provide for the following among other matters, namely :-(a)the manner in which the association is to be formed;(b)the composition of a board of management;(c)the election of the members of the board with provision that one-third of members of the board shall retire annually;(d)the powers and duties of the board;(e)the honorarium, if any, of the members of the board;(f)the method of removal from office of the members of the board;(g)method of calling meetings of the association and of the board and the number of members of the association or the board who shall constitute a quorum for such meeting;(h)election of a president of the association who shall preside over the meetings of the association and of the board;(i)election of a secretary to the association, who shall keep two separate minutes book one for the association and the other for the board, and shall records in the respective minutes book the resolutions adopted by the association or the board, as the case may be;(j)election of a treasure, who shall keep the financial records and books of accounts of the association;(k)maintenance, repair and replacement of the common areas and facilities and payment therefor;(l)manner of collecting from the apartment owners or any other occupants of apartments, their share of the common expenses;(m)engagement and removal of persons employed for the administration, management, maintenance, repair and replacement of the property and the common areas and facilities;(n)regulations with regard to the use and maintenance of the apartments and the common areas and facilities, with such restrictions thereon as may be necessary to prevent unreasonable interference in the use thereof by other apartment owners;(o)the regulation of transfer or partition of an apartment and the percentage of undivided interest in the common areas and facilities appurtenant to such apartment subject to the provisions of this Act and such terms and conditions as may be specified in the bye-laws;(p)the name of the person to receive service of process in any action against the association or the board or more than one apartment owner, together with the residence or place of business of such person;(q)the manner in which the bye-laws may be amended;(r)any matter which may be required by the Government to be provided for in the bye-laws for the proper or better administration of the property;(s)such other matters as are required to be, or may be provided for in the bye-laws.(4)The bye-laws framed under sub-section (1) may also contain provisions not inconsistent with the Act :-(a)enabling the board to retain certain areas of the building for commercial purposes and to grant lease of the areas so retained and to apply the proceeds of such lease for the reduction of the common expenses for maintaining the building and the common areas and facilities and, if any, surplus is left after meeting such expenses to distribute such surplus to the apartment owners as income;(b)relating to the audit of the account of the association and of the administration of the property;(c)specifying the times at which and the manner in which annual general meetings and special meetings of the association shall be held and conducted;(d)specifying the time at which and the manner in which the annual report relating to the activities of the association shall be submitted;(e)specifying the time at which and the manner in which the annual report relating to the activities of the association shall be submitted;(f)specifying the manner in which the income derived and expenditure incurred by the association shall be dealt with, or as the case may be, accounted for.
