Members, responsibilties

Part -11

v     Procedure For Expulsion of a Member

(1) Where a member commits any breach of the provisions of the Act, the Rules, the Bye-laws, regulations made thereunder or resolutions of the managing committee or the general meeting, the society has to place the matter before the managing committee of the society, bringing out the Bye-laws or Regulations thereunder or the resolutions of the managing committee or the general body, committee comes to the expulsion of the member from the society. If the managing committee comes to the conclusion that it has to deal with the member adequately by expelling him from the membership of the society, it should pass the necessary resolution to that effect. After passing the resolution for taking action against the member for expulsion, the society has to call a special general meeting or an annual general meeting as the case may be and include the matter of expulsion of the member concerned in the agenda for such a meeting. It should be noted that the members should have a notice of 30 days of the general meeting at which the proposal of expulsion of the member is proposed to be considered. The member proposed to be expelled should also be specifically informed that he should remain present at the general meeting and explain his case personally. If it is not possible for him to attend the general meeting, he should send a written statement explaining his case well in advance of the date of the general meeting.

(2) The resolution of the expulsion of a member is required to be passed by 3/4^th majority of the members present and voting at the general meeting.

(3) After the resolution as stated above is passed at the general body meeting, a true copy thereof should be sent to the Deputy/Assistant Registrar, Co-operative Societies, for his confirmation.

(4) After the resolution of expulsion passed at the general body of the society is approved by the Registrar, the member concerned will stand expelled from the membership of the society with effect from the date of approval by the Registrar.

(5) After expulsion of the member, the society should file arbitration proceedings under Section 91 of the Maharashtra Co-operative Court for his eviction from the flat and for recovery of the outstanding dues, if any from the expelled member.

v     Cessation of Membership

(1) Circumstances under which a persons ceases to be a member of the society – As per Bye-law No.57

      The person shall cease to be the member of the society

     

(a)    On his resignation from membership of the society having been accepted by the committee

(b)   On transfer of all his shares and interest in the capital/property of the society

(c)    On his death

(d)   On his expulsion from the membership of the society

(e)    On being adjudged as an insolvent or legally disabled from continuing as member

(f)     If the whereabouts of the member are not know for a continuous period of seven years and if his shares and interest in the property/capital of the society are not claimed by anybody else

(g)    On cessation of right/title and interest of a member in the property of the society, by way of legal attachment or sale

(2) Circumstances under which a person ceases to be an Associate Member of the society As per Bye Law No. 58 the person shall cease to be an associate member of the society, when the original member ceases to be a member of the society or on the death of the associate member or on the acceptance of the resignation of the associate member by the Committee.

(3) Circumstances under which the person occupying the flat on behalf of the firm/company ceases to be the nominal member

      As per Bye Law No.59 if there is a nominal member occupying the flat on behalf of a firm, company or any other body corporate he shall cease to be member of the society as such:

(a)    On his death

(b)   On the acceptance of his resignation by the Committee

(c)    On cessation of membership of the original member on whose behalf he occupies the flat in the society

(d)   On cessation of his nomination on account of expulsion of the original member

(e)    On intimation from the original member of termination of the occupant’s nomination

(4) Circumstances under which a Sublettee, licensee, caretaker ceases to be the nominal member

     As per Bye Law No. 60

     The nominal member, who is the sublettee, licensee or care-taker or possessor in any other manner of the flat or the part thereof, shall cease to be as such member of the society:

(a)    On his death

(b)   On his resignation been accepted by the Committee

(c)    On the cessation of the membership of the original member

(d)   On the expiry of the period for which the flat or part thereof was permitted to be sub-let, given on leave and license or care-taker basis or occupied in any other manner

Note: The words ‘Original member’ used in the Bye-laws No.57, 58, 59, and 60 means the member, with whom the associate members held the shares of the society jointly, the firm, the company or any other body corporate, on whose behalf the member who has been permitted to sub-let, give on leave and license or care-taker basis his flat or part thereof or part with its possession in any other manner.

(5) Action by the Committee in case of cessation of membership of the society

      As per Bye-law No.61 the committee shall record the facts of cessation of a member’s membership of the society under Bye-law No.57 and of associate and nominal member’s membership respectively under Bye-laws No.58, 59 and 60, in the minutes of its meetings and accordingly the Secretary of the society shall inform the concerned members in writing within 7 days of the dates of such decision of the committee.