Friday, August 20, 2010

Members, their Rights, Responsibilities and Liabilities

Part 2


v     Eligibility Criteria for Membership
Under the provisions of section 22 of the Maharashtra Co-operative Societies Act, 1960 and as per Bye-law 17 the following persons may become members of the society.

(1)   An individual: Who is competent to contract under the Indian Contract Act, 1872 and who resides or intends to settle down and reside in the area of operation of the society and who does not own a house, a plot or a flat in his name or in the name of any of the members of his family, in the area of operation of the society, or who owns it but gives an undertaking under the Bye-law No.19(A)(iii) may be eligible for membership of the society. However, if an additional flat is required an application must be made in the prescribed form to be made to the society/Chief Promoter.

(2)   A minor or person who is of unsound mind: inheriting shares and/or interest of the deceased has to apply through Guardian/Legal Representative in prescribed form.

(3)   A firm, company or any other body corporate: Constituted under any law, or society registered under the Societies Registration Act, 1860.

(4)   A registered society: which is registered under the Maharashtra co-operative Societies Act, 1960.

(5)   State or Central Government

(6)   A local authority

(7)   A public trust: Which is registered under any law.

(8)   Joint Hindu Family: An individual member can represent ‘a Joint Hindu Family’ All members of such a family may own shares in their joint name or in the name of the karta. This a joint Hindu family can become a member of the society.

(9)   Eligibility for Housing Board Societies: Admission of a person to society membership is subject to the collector’s approval in certain case. As per Bye-law No.17(c) “Notwithstanding anything contained in these Bye-law, admission of a person to membership of the society directly or as a result of transfer of shares and interest of the existing member, in the capital/property, of the society, shall be subject to the approval of the concerned competent authorities such as collector of the District, if the society has been given land by Government/CIDCO/MHADA.”   

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