Leave and Licence of Flat

   25-05-2019 -       UMESHCHANDRA YADAV -       no comment.

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1. How has the Application for permission for sub-letting, giving on leave and license or care-taker basis, flats or part thereof or parting with their possession in any other manner by the members to be disposed off by the Society?

Ans: The Secretary and the Committee of the Society have to follow the procedure for disposal of the application for permission for subletting, giving on leave and licence or care-taker basis, flats or part thereof or parting with their possession in any other manner, as laid down under the Bye-law No. 65.

2. What is the procedure applicable for a member who is interested in sub-letting his flat?

Ans: A member can apply to the Society and state his intention to sub-let his flat and on receiving the permission in writing from the Committee, he can subject 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 prolonged illness; (ii) Where the member is unable to occupy the flat owing to absence of facilities for education of his children or is unable to secure admission to the school in the locality for them; (iii) Where the employer, with a view to ensure efficient discharge of duties, requires the member 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.

3. What are the formalities to be complied with by a member prior to the application made to the Society for subletting of flats?

Ans: A member will not be permitted by the committee to sub-let, give on leave and licence basis or care-taker basis, and his flat or any part thereof or part with its possession in any manner unless: (i) he has made an application in the prescribed from; (ii) he has furnished the application for nominal membership of the proposed sub-lettee, licensee, care-taker 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, caretaker, 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 his 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 the Society. Non-occupancy charges shall be charged in accordance with the circular issued by the Government of Maharashtra and the Commissioner for Co-operation from time to time and shall not be levied if the flat is occupied by the “Family” of the member as defined under these bye-laws. Provided that while permitting the sub-letting, giving on leave and licence or care-taker basis the flat or part thereof or permitting parting with its possession in any other manner, the committee shall restrict the period thereof 11 months or for more period as desired by the managing committee, which may, on the request of the member be extended for similar period or part thereof from time to time. (d) Non-occupancy charges shall not be levied to the flat purchaser who is intending to become a member and who submits the documentary evidence thereof.

4. How has the Application for permission for sub-letting, giving on leave and license or care-taker basis, flats or part thereof or parting with their possession in any other manner by the members to be disposed off by the Society?

Ans: The Secretary and the Committee of the Society have to follow the procedure for disposal of the application for permission for subletting, giving on leave and licence or care-taker basis, flats or part thereof or parting with their possession in any other manner, as laid down under the Bye-law No. 65.

5. Which documents of application a member has to procedure for getting permission for letting the gala?

Ans: Without fulfillment the following conditions the committee will not give permission for giving or getting gala or any part of the gala on rent/ licence or an care taking basis.

1. He should make an application in prescribed format.
2. He should have sent application in prescribed format of proposed sub tenant, license, care taker or other possessor for nominal membership.
3. He should have give promise purporting below.

A. If the sub-tenant, licensee, care taker or other possessor has not return the possession of gala or its part by vacating after the expiration the terms of residing on sub rent, or on the basis of licence, care taker or by other ways, then the member by including the society as a party for the legal proceedings against him for getting possession and start the proceedings and the expenses which the society to be incur will compensate.
B. The sub tenant member, licencee will paid monthly charges due to the society.
C. He paid non-occupancy charges. However these non-occupancy charges will be charge subject to the orders, circular issued by the government of Maharashtra and Hon.ble Commissioner of co-operation from time to time and bye-laws. Similarly if the gala is in possession of the individual in family as different in bye-laws then non-occupancy charges shall not be charge. However while giving permission for taking possession of gala or part of it on sub rent, licency system, on care taker basis or in other ways the committee will give period of 11 months or if committee deem fit time to time as per request of the member.
D. The non-occupancy charges shall not be recover from such gala purchaser who has submitted legal documents of purchasing a gala, similarly has expressed desire to become formed member of the society.


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