MCS ACT - 1960 - (Penalty for encroachment of common spaces)


There is a provision under Bye law no. 169(a) of the MCS Act. 1960. “For encroachment of common areas by members to be charged 5 times the monthly maintenance for the period of such encroachment.” (Penalties for encroachment of common spaces.) Question : 1. To levy this charge does one need approval of AGM or managing Committee after giving notice to member can levy it. It is prescribed in the law that whether such charges can be levied only after getting same passed in AGM ? Please give your opinion? 2. As per Bye-law No. 119 the member shall not be eligible for being elected as a member of the committee or co opted on it if he has rented or sublet us flat / shop and does not reside in the society. Would this cover also commercial premises and members who rent out this shop / office shall not be eligible to become Managing Committee member. Are these in accordance with updated MCS Act., 1960? Please answer our queries.

Answers (2)


244 votes

answer of first question yes

answer of second question person cannot be participate related he is not staying in.

for more detail you may go through bye laws not satisfied contact me with copy of bylaws.

advocate Sachin kuptekar
contact number 9890 797 126


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252 votes

1. To levy this charge does one need approval of AGM or managing Committee after giving notice to member can levy it. It is prescribed in the law that whether such charges can be levied only after getting same passed in AGM ? Please give your opinion?
Answer: The Secretary with permission of the committee will first issue notice. If the person does not respond within specific time (14 days notice as per bye-laws) then the penalty will be levied on him;

2. As per Bye-law No. 119 the member shall not be eligible for being elected as a member of the committee or co opted on it if he has rented or sublet us flat / shop and does not reside in the society. Would this cover also commercial premises and members who rent out this shop / office shall not be eligible to become Managing Committee member. Are these in accordance with updated MCS Act., 1960?
Answer: If the shop or commercial premises are part of the residential property and there is a common society then they are bound by the society bye-laws.

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