Members, Their Rights, Responsibilities and Liabilities

Part  7

v     Documents that can be Obtained from the Registrar’s Office on Payment of Fees

(1)   Application for registration of a society

(2)   Certificate of registration

(3)   Bye-laws of a society

(4)   Amendment of the Bye-laws of a society

(5)   Order of cancellation of registration of a society

(6)   Audit memorandum of a society

(7)   Annual balance sheet

(8)   Order under section 88

(9)   Order of supercession of a committee or removal of any member thereof

(10)     Order referring a dispute for decision.

(11)     Any other order against which an appeal is provided

v     Resignation by Different classes of Members

(1)   Resignation by a member

A member can resign by giving three months notice, to the Secretary of the society as provided under Rule 21(1) of the Maharashtra Co-operative Societies Rules, but it cannot be accepted unless such a member has made payment of the charges payable to the society in full.[Bye-law No.27(a) (b)].

If any charges are found payable by the member to the society, it is the duty of the Secretary of the society to intimate the same to the member within fifteen days of the receipt of the notice of resignation, advising him to make payment thereof within thirty days of the date of the intimation.[Bye-law No.27(c)].

If there are no charges of the society outstanding with the member, the committee has to accept the resignation of the member and the decision is to be communicated to the member within three months from the date of receipt of receipt of the notice of resignation. [Bye-law No.27 (d)].

The Resignation of membership shall also be subject to such restrictions regarding the maximum amount of share capital that can be refunded in a year or as may have been provided for in the Act, Rules or Bye-laws of the society.

If the resignation is rejected, the committee has to record the reasons and has to communicate the same to the member within three months from the date of receipt of the notice or resignation [Bye-law No.27 (e)].

(2)   Resignation by an Associate Member

An Associate member may resign his membership at any time by writing a letter of resignation to the Secretary of the society, through the member, with whom he held the shares of the society jointly. The Secretary of the society shall place the letter of resignation of the Associate Member before the meeting of the Committee, held next after the receipt of the letter of the resignation, duly recommended by the member for acceptance by the committee. The decision of the Committee, accepting the resignation of the Associate Member shall be communicated by the Secretary of the society to the member and his associate member within 15 days of the decision by the Committee. If the resignation is rejected, the Committee shall record the reasons therefore in the minutes of its meeting and the Secretary shall communicate the same to the member and his associate member within the time specified above (Bye-law No.28).

(3)   Resignation by a Nominal Member occupying the flat on behalf of a firm, Company or any other Body Corporate

If there is a nominal member occupying the flat on behalf of a firm, company or any other body corporate, he may resign his nominal membership, at any time, by writing a letter of resignation to the Secretary of the society through the firm, the company or any other body corporate, on whose behalf he is occupying the flat. The Secretary of the society shall place the letter of resignation, before the meeting of the committee, held next after the receipt of the letter of resignation of the Nominal Member, duly recommended by the firm, the company or any other body corporate for acceptance by the Committee. The decision of the Committee, accepting the resignation shall be communicated by the Secretary of the society to the firm, company or the body corporate and the nominal member, within 15 days of the decision by the Committee. If the resignation is rejected, the committee shall record the reasons thereof in the minutes of its meeting and the Secretary shall communicate the same to the firm, company or the body corporate and the nominal member within the time specified above (Bye-law No.29).

(4) Resignation by a Nominal Member, who is a Sub-lettee, Licensee, Caretaker etc.

A sub-lettee, licensee, caretaker or possessor of a flat or part thereof, who has been admitted as a nominal member of the society may resign his nominal membership at any time, by writing a letter of resignation to the Secretary of the society, through the member who has been permitted by the Committee to sub-let, give on leave and license or caretaker basis the flat or part thereof or part with its possession in any other manner. The Secretary of the society shall place the letter of the resignation before the meeting of the Committee, held next after the receipt of letter of the resignation. The decision of the committee shall be communicated by the Secretary of the society to the member concerned and his sub-letter the licensee, the caretaker, or as the case may be, the possessor of the flat or part thereof, within 15 days of the decision by Committee. If the resignation is rejected, the Committee shall record reasons thereof in the minutes of its meeting the secretary of the society shall communicate the same to the member concerned and his sub-lettee, licensee or caretaker etc. within the specified above (Bye-law No.30).