Sunday, August 22, 2010

Members, Their Rights, Responsibilities and Liabilities

Part 5


v     Refusal to Admit membership & Appeal against decision
      Every member is entitled to appeal under section 23 of Mah. Co-op. Societies Act, to the Register even if refusal of membership is at the formation stage or in respect of the registered society.
      Transfer of interest in the property of the society – Quantum of payment of premium. Circular dated 9th April, 2002 Maximum Limit.
      Transfer of right and interest and interests in the premises or transfer of the shares of the society. Demand of premium by petitioners – society challenged by respondent No.1 Adjudication before the lower authorities was confined that they were entitled to claim for such premium cannot in any case exceed Rs.25,000/- Neither of the authorities below considered those issued which deciding the matter. Orders passed by lower authorities were set aside by the single judge, and the matter was remanded.

v     Responsibilities and Liabilities of Members
(1)   Every member has to keep his flat clean. – Bye-law No. 46.

(2)   No member shall, without the previous written permission of the committee make any addition to or alterations in his flat. – Bye-law No. 47(a).

(3)   Every member has to allow the Secretary of the society, accompanied by any other member of the committee, to enter his flat with prior intimation to examine its condition for ascertaining the repairs if necessary. – Bye-law No. 48(a).

(4)   In respect of repairs to be carried out by the society in accordance with Bye-law No. 160(a) at its cost, the committee can issue a notice to the member indicating the particulars of repairs necessary to his flat which are proposed to be carried out by the society.

(5)   In respect of repairs to be carried out by the member at his cost, the committee can issue notice to the member, indicating the particulars of repairs necessary to his flat and calling upon the member to carry out the repairs to the satisfaction of the approved architect within a specified period. – Bye-law No(c).

(6)   No member can stock or store any kind of goods or materials, which are combustible or obnoxious or other goods without previous permission of the committee. Bye-law No.49.

(7)   No member shall do or suffer anything to be done in his flat which may cause nuisance, annoyance or inconvenience to any of the members of the society or carry on practices which may be repugnant to the general decency or morals of the members of the society.

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