Members, Their Right, Responsibilities and Liabilities

Part 3

v                                  Terms and Conditions For Membership

(1)   Individual: Any Individual desiring to be a member of the society who is eligible to be a member of the society and who has applied for membership to the committee may become a member on complying with the following conditions:-

[a] He has fully paid the value of at least five shares of the society, along with the application for membership

[b] He has paid the entrance fee of Rs.100/- along with the application for membership:

[c] He has given in the application, the particulars in regard to any house, plot or flat owned by him or by any of the members of his family, anywhere in the area of operation of the society

[d] *He has given an undertaking in the prescribed form to the effect that he shall use the flat for the purpose for which it was allotted to him

[e] *He has furnished an undertaking in the prescribed form if he has no independent source of income

[f] *He has sent, along with the application for membership of the society, a certified copy of the agreement, duly stamped entered into by him with the promoter (Builder) or transferor under Section 4 of the Ownership Flats Act

[g] He has furnished such other undertaking/declarations in the prescribed forms as are required under any law for the time being in force and such other information as is required under the Bye-laws of the society along with the application for membership.

NOTE:  The conditions marked * above shall not be applicable to the Promoter (Builder) applying for membership of the society, in respect of the unsold flats.

(2)   Firm or Company: The Government of Maharashtra has laid down the following terms and conditions subject to which a firm or a company may be admitted as member of society which is federal or urban or which conducts or intends to conducts an industrial undertaking, namely:-

[a] The application of the firm or company for admission to the membership of the society is made as provided by rule 19 of the Maharashtra Co-operative Society Rules, 1961 and is signed by the person duly authorized in that behalf by the firm or company, as the case may be. Form of application refers Appendix-6.

[b] The Head office or branch of the firm or company is within the area of operation of the society.

[c] The firm or company carries on its business within the area of operation of the society;

[d] The firm or company purchases at least 5 shares of such society; and

[e] The aims and objectives of the firm or company are not contrary to those of the society:

     

      Provided that in the case of an urban society which is a housing society the following special terms and conditions shall apply subject to which a firm or company may be admitted as a member of such society, namely:

[f] The Bye-laws of the society concerned do not contain any provision prohibiting the firm or the company from becoming its member.

[g] The firm or company concerned is a corporate body or a registered body.

[h] The memorandum and the articles of association of the firm or the company concerned provide for the provision of dwelling house by them to their employees

[i] The firm or the company concerned holds land or building only for the purpose of providing residential accommodation to its employees.

 

[j] The memorandum and the articles of association of the firm or the company, as the case may be provide for utilization of funds the purpose of providing the employees with dwelling house.

[k] The firm or company concerned pays to or deposits with the society in advance, the whole or the proportionate cost of construction and other charges.

[l] The firm or company concerned gives an undertaking to the society that it shall not allow any of its employees to occupy or to continue to occupy any tenements from time to time, unless the employee makes an application through such firm or company and is admitted as a nominal member and continues to be such member of the society.