Members, Their Rights, Responsibilities and Liabilities

Part 6

v     Rights of Members

(a)    Inspection of Books and records:

As per Section 32(1) of the Maharashtra Co-operative Societies Act, 1960 the member has the right of access to certain books and documents and as per Section 32(2) of the Maharashtra Co-operative Societies Act, 1960 and to get copies by paying nominal fees prescribed under Bye-law No.172. The list of book/documents is given below.

(1)   Bye-laws of the society for Rs.10/- more than the cost price

(2)   Amendment of the Bye-laws of the society for Rs.2/- per page

(3)   Last audited Balance Sheet of the society for Rs.10/- per page

(4)   Application for membership of the society for Rs.5/-

(5)   Second and Subsequent Nomination by the member of the society for Rs.5/-

(6)   Share Certificate of the society for Rs.50/-

(7)   List of Members of the society for Rs.5/- per page

(8)   Correspondence (related to member) for Rs.5/- per page

(9)   Minutes of the general body meeting & Committee Meeting for Rs.5/- per page

  (10) Indemnity Bond for Rs.10/-

(b)   Occupation of Flats:

         The member, who is deemed to have been allotted the flat under Bye-law No.76(a) of the society shall have a right to occupy the flat subject to the terms and conditions set out in the letter in the prescribed form (refer Appendix-12) under the said Bye-law. The associate/nominal member and may have a right to occupy the flat with the consent of the member and the permission of the society, subject to the conditions set out by the society.

(c)    Restriction on the rights of Associate and Nominal Members

(1)   No associate member shall have any rights or privileges of a member except as provided under Section 27(2) of the Maharashtra Co-operative Societies Act, 1960 i.e. an associate member can enjoy the same rights as the first member but only in the absence of first member.

(2)   A nominal member shall have no right such as member (Ref. Bye-law No.26)

(d)   The member of the society has the following rights

(1)   Right of voting at the General Body Meeting – It may be noted that only one vote to be casted by every member though he/she is holding more than one flat in the society.

(2)   Right to contest elections for the post of any committee or Board of Directors.

(3)   Right to know the affairs of the society.

(4)   Right to transfer shares or interest in the society, subject to provision of section 29. (Refer Chapter No.9 for detail).

(5)   Right to refer the dispute between him and the society to the appropriate authority for or a decision.

(6)   Right to get a refund of share money on amalgamation, division, conversion etc.

(7)   Freedom from attachment of shares.

(8)   Right to nominate a successor.

(9)   Right to inspect society’s records.

Note:  Refusal to allow inspection: An application can be made to the Registrar under section 154 of the Maharashtra Co-operative Societies Act, 1960 if the society refuses to allow inspection. A dispute can be raised under section 91.