Jairam Kadam
Mumbai
How a husband of a female member being a joint holder of shares (second name) in cooperative housing society can become a member/office bearer of the committee?
I C Naik
Associate members have been getting a raw deal all along the inception of the M. C. S. Act 1960.
“Associate member ” means a member who holds jointly a share of a society with others, but whose name does not stand first in the share certificate (Section 2(19)(b) of the M. C. S. Act 1960 and Bye Law No 3 (xxiv)(a))
An individual competent to enter in to contract under the Indian Contract Act, 1872 can be admitted as an Associate Member of the CHS in either of the two ways.
Person whose name appears as a joint owner in the agreement executed under section 4 of the Ownership Flats Act, and by making a joint application along with the original member in the prescribed form and paying entrance fee of Rs 100.[Bye Law No 19A and Appendix No 8]
Person whose name does not appear in the agreement referred to above, by making the application in a form prescribed for such a person to be admitted as Associate member and to make him a joint holder of shares. This application has to accompany a written recommendation of the first member, entrance fee of Rs 100 and the share certificate… [Bye Law No 19 (B) Form in Appendix 7]
As per Bye Law No 19(A) and (B) all applications of Individuals for admission as associate members are to be considered and decided upon by the managing committee.
As per Bye Law No 68 (a)(g) such applications are to be disposed off within three months and in case of failure the applicant automatically becomes an associate member.
Rights of associate members
Bye Law No 25 of Model Bye Laws 2001/2009/2013 (Under Approval *) and Bye Law No 27 of 1984 Model reads as under:
“No associate member shall have any rights or privileges of a member except as provided under Section 27(2) of the Act.”
In other words right of an Associate member as provided under Section 27(2) of the M. C. S. Act 1960 is of voting in the general body meeting in the absence of an original member. He can not become member of the Committee.
(*) http://sahakarayukta.maharashtra.gov.in/SITE/PDF/Rules_Acts_Bylaws/Maharashtra_Co-operative_Societies_Act_1960.pdf
One can see this Model in a Draft form on this website.
There is a strange gate way against Bye Law No 25.
Bye Law No 118 [of Model Bye Laws 2001/2009/2013 ] indirectly concedes the right to Associate to contest the election or to get co-opted to committee by way of laying down 5 conditions which disqualify associate to become a Committee member. This Bye Law reads as under:
“No person shall be eligible for being elected as a member of the Committee or co-opted on it, if :
(i)-(iv) being not relevant not reproduced.
(v) In case of an associate member, non-submission of the no-objection certificate and undertaking, as prescribed under these bye-laws, by the member”
Form of NOC and Undertaking of the original member referred to above is prescribed at Appendix 10A of the Bye Laws of both the Models.
By executing this form the original member surrenders all his voting rights in favour of the associate member enabling him/her to contest election to the managing committee, and to hold the office of the committee if elected by signing a declaration that he will not participate in any manner in the general body meetings of the society or in election matters till such time the Associate member continues to hold the office.
It is important to bear in mind that the older cooperative housing society incorporated prior to 2001 having registered the Bye Laws as per Model 1984, will not be able to accept an Associate’s request to contest election as the Bye Law No 117 of such society does not prescribe the negative condition quoted above. In order to concede such right to Associate members of such older societies it should adopt the latest Model bye laws.
RIDER
Note that this right is not available for the first two years of every new member, since voting on society affairs by a new member is prohibited under Sub-section 3A of the M. C. S. Act 1960.This restriction was imposed under the M. C. S. (Amendment) Act 2000.
Not many societies are aware that in exercise of power conferred upon the State Government under section 157 of the Maharashtra Co-operative Societies Act 1960, the government has excluded co-operative housing societies from the provision in section 27 (3) of the Maharashtra Co-operative Societies Act, 1960. This was announced in the Gazette of Government of Maharashtra, Co-operation, Marketing & Textile Department, Mantralaya, Mumbai, vide Notification No. VIPRAAA-2001/16593/PRA.KRA.163(A)/15-S The Maharashtra Co-operative Societies Act 1960 Dt. 29th October, 2003.
Strange ways of cooperative Department
It may be of interest to know that, though definition of member under Section 2 (19)(a) of the M. C. S. Act 1960 says “member” includes a nominal, associate or sympathizer member; no voting rights were conferred on either of the three categories under sub-section 8 of section 27 of the M. C. S. Act 1960. This restriction was partly lifted by deleting the word “associate” from this sub-section (8) under Maharashtra Cooperative Societies (amendment) Act 1969 which now reads as under:
(8) No nominal [associate] or sympathizer member shall have the right to vote and no such Member shall be eligible to be a member of a committee or for appointment as a representative of the society on any other society].
We can see that the Legislature of the State had cleared the deck for an Associate Member to occupy responsible position as a member of the Committee and to become an office bearer, way back in 1969, thereby he could take active part in the management of his society. But the Department did nothing for three decades till it woke up in 2001 when the Model Bye Laws as approved by the Commissioner of Cooperatives Societies conceded this right for the first time.
Ironically the confusion is carried forward even after taking a corrective step in an indirect manner, as afore said, Bye Law No 25 as per 1984 Model is carried through all along till the latest Model of 2013. The reason for repeated questions on this important aspect of cooperative housing societies lies in the casual approach of the Cooperative Department. When will the Department wake up and approve a coherent Model is a moot question.
Now that the Registrar and Commissioner of Cooperatives Societies is conferred wholly arbitrary right to specify Bye Laws which the Societies are compelled to adopt, it is all the more desirable that error free Bye Laws are specified. (See Second Proviso to Section 14 of the M. C. S. Act 1960 as amended) .
No wonder we have hardly any discipline in cooperative housing societies. There are incidents of older societies conceding this right to members although they continue to be governed by Model 1984 Bye Laws, thanks to members’ indifference towards assuming responsibility of management.
1. Who can become an Associate Member? Is it only a joint holder in the property or anyone?
2. Presuming anyone can become an AM, then this can result in chaos as any member can nominate a tre
Bye laws provide for two types of Associate Members but a common feature in both is his/her name on the Share Certificate is not first. The Associate’s name need not necessarily appear in the Flat Purchase Agreement. So it is the choice of the Original Member to select any person WHO-SO-EVER to request the Committee to register as an Associate with just one right that when the Original is unable to attend General Body Meeting, he can cast a vote on behalf of the original.
As regards the chaos apprehended by Mendonza in case WHO-SO-EVER becomes Associate Member, he is right because such person can even become a chairman, as bye Laws after 2001 Model was approved, enables the original member to permit him to contest elections and he will no longer be an Active Member.And this enabler is introduced in sheer disreafrd of the bye Law Number 25 which grants just one right to Associate of attending GBM as aforesaid. So if the other members are not vigilant therecan be problems.
Section 2 defines the following:
(19)(a) ” member ” means a person joining in an application for the registration of a co-operative society which is subsequently registered, ,or a person duly admitted to membership of society after registration, and includes a nominal, associate or sympathiser member;
(b) ” associate member ” means a member v/ho holds jointly a share of a society with others, but whose name does not stand first in the share certificate;
(c) ” nominal member ” means a person admitted to membership as such after registration in accordance with the by-laws;
(d) ” sympathiser member ” means a person who sympathises with the aims and objects of the society and who is admitted by the society as such member.
24. NOMINAL, ASSOCIATE AND SYMPATHISER MEMBER.
(1) Notwithstanding anything contained in section 22, a society may admit any person as a nominal, associate or sympathiser member.
(2) A nominal member or sympathiser member shall not be entitled to any share in any form whatsoever in the profits or assets of the society as such member. A nominal or sympathiser member shall ordinarily not have any of the privileges and rights of a member, but such a member, or an associate member, may, subject to the provisions of sub-section (8) of section 27, have such privileges and rights and be subject to such liabilites of a member, as may be specified in the by-laws of the society.
27. VOTING OF POWERS OF MEMBERS
[(1) Save as otherwise provided in sub-sections (2) to (7), both inclusive, no member of any society shall have more than one vote in its affairs; and every powers of right to vote shall be exercised personally, and not by proxy :
Provided that, in the case of an equality of votes the Chairman shall have a casting vote.]
(2) Where a share of a society is held .jointly by more than one person, [the person whose name stands first in the share certificate, if present, shall have the right to vote. But in his absence the person whose name stands second, and in the absence of both, the person whose name stands next and likewise, in the absence of the preceding persons the person whose name next on the share certificate, who is present and who is not a minor, shall have the right to vote.]
(8) No nominal, or sympathiser member shall have the right to vote [and no such member shall be eligible to be a member of a committee or for appointment as a representative of the society on any other society].
In view of above provisions, the Associate Members (AM) has to have joint ownership and his name should appear on share certificate. Any other person cannot become AM.
Section 24 includes name of AM along with nominal or sympathiser member for not becoming a member of committee as specified under sub-section (8) of section 27.
Section 27 specifies about only voting right.
Bye Law No 25 states that no associate member shall have any rights or privileges of a member except as provided under Section 27(2) of the Act. It means it talks only about the voting right and nothing more.
In view of the contradictory provisions I am of the view that AM cannot become member of the committee or appointed as a representative of the society on any other society. Your comments please.
Even though the Section 27(2) of the M. C. S. Act 1960 does not grant to the Associate Member any right except to vote in absence of original member . But as per @”I C Naik” the Bye Law No 118 [of Model Bye Laws 2001/2009/2013 ] indirectly concedes the right to Associate Member to contest the election. In spite of the bye-laws providing indirect right to Associate Member, does not the MCS Act 1960 supersedes the bye-laws. After all the bye-laws are subject to the rules/laws laid down by the MCS Act 1960 and they cannot overturn/overule the main act.
Would like to know your views on this.
Regards
Franklin
If the society registered in 2011 and yet act as a provisional society/committee & not working as per bye-laws then how & where I can apply for associate membership?Yet share certificate or membership is not given to anybody.
We have a case, where our society secretary is a associate member and he has obtained NOC on Rs. 100/ stamp paper from original member. Can he be eligible to function as secretary and sign all the official documents for the society. our society is more than 40 years old and in the process of redevelopment.
Download below mentioned Application form, Fill it and submit to Society.
http://saibabacomplex.com/assomember.pdf
Response to franklin.
He rightly says “After all the bye-laws are subject to the rules/laws laid down by the MCS Act 1960 and they cannot overturn/overule the main act.”
There is a provision in Section 24(2) of the MCS Act which says that “. A nominal shall ordinarily not have any of the privileges and rights of a member, but such a member, or an associate member, may, subject to the provisions of sub-section (8) of section 27, have such privileges and rights and be subject to such liabilities of a member, as may be specified in the by-laws of the society.
It is true that Bye Law 25 concedes only a right as per 27(2) i.e.voting in GBM in the absence of original member and no other. BLN 118 conceding the right indirectly is at variance to BLN 25. It is ironical that Co-operative Commissioner and Registrar of Cooperative Societies has approved the Model bye Laws which contains two cotradictory provisons. My view is unless B l No 25 is deleted BLN 118 is of not really at a service, though many societies are taking it seriously.
RESPONSE TO KIRAN
your society must have 1984 Model Bye laws I guess. If it is so as per my response to franklin Your as long as BLN 25 is not deleted Secretary is performing duty with no valid appointment. Where Act says (Sec. 24/2) Associates can have member’s power as specified in Bye Laws , and Bye Law 25 is categoric al that “No associate member shall have any rights or privileges of a member except as provided under Section 27(2) of the Act.” how do you justify it as a valid appointment.
RESPONSE TO MANISHA DESAI’s question
Notwithstanding provision of Bye Law number 89(a)(iv), tenure of Provisional Committee is governed by Section 73(1A)(a) ( see excerpts below);
The term of the members of such provisional committee shall be for a period of one year from the date on which it has been first appointed or till the date on which a regular committee is duly constituted in accordance with the provisions of the rules or bye-laws made under this Act, whichever is earlier; and all the members of such provisional committee shall vacate office on the date of expiry of such period or such constitution of the committee.”
In law your CHS has no Committee competent to act. The Provisional Committee ought to have conducted election to constitute elected committee for the next 5 years. The Elections should have beeb held with in 12 months of the date of assuming office as provisional committee. upon expiry of 12 months the provisions of Section 77A starts operating. Section 77A”
Relevant Excerpts ;
(1) Where the Registrar is satisfied that,–
[(1-a) a provisional committee has failed to make necessary arrangements for holding election for the constitution of the first committee, before the expiry of its term as
specified in sub-section (1A) of section 73
the Registrar may, either suo-motu or on the application of any officer of the society, by order appoint–
(i) any member ormembers ofthe society to be the member or members of the committee to fill the vacancies:
(ii) a committee, consisting of not more than threemembers ofthe society; or one or more administrators, who need not bemembers ofthe society, to manage the affairs of the
society till a new committee entersupon office:
Provided that, before making suchorder, the Registrar shall publish a notice on the notice board at thehead office of the society, inviting objections and suggestions with respect tothe proposed order within a period specified in the notice andconsider all objections and suggestions received byhim withinthat period:
Provided further that, itshall not benecessary to publish such notice in any case where Registrar is satisfied thatimmediate action is required to be taken or that it is not
reasonable practicalto publish such notice.
(2) The committee or administrator so appointed shall, subject to the control of the Registrar and to such instructions as he may, from time to time, give, have power to discharge all or any of the functions of thecommittee or of any officer of the society and take all such action as may berequired to be taken in the interests of the society.
(3) The Committee orAdministrator so appointed shall hold office for aperiod of six months from the date of assuming the management of the societyand shall make necessary arrangements for constituting anew committee within the said period and for enabling the new committeeincluding any new committee referred to in clause (f)of sub-section (1), which isdetermined by the Court to have been legally elected, to enter upon office
Provided that, if a new committee is not, or can not be constituted at the expiry or termination of the term of office of the committee or Administrator, for any reason beyond the control of the committee or Administrator, the term of office of the Committee or Administrator, as case may be, shall be deemed to be extended, until the new committee is duly constituted
(4) The Registrar shall have the power to change the committee or any or all members thereof or any or all the administrators appointed under sub-section (1) at his discretion even before the expiry of the period specified in the order made under sub-section (1).
BUT THIS HAS NOT HAPPENED. WHY BECAUSE NO MEMBERS APPROACHED THE REGISTRAR. REGISTRAR’S OFFICE IS TOO MUCH BURDENED TO FIND OUT WNAT COMPLIANCES ARE FAILING IN WHICH SOCIETY.
DEAR ALL COOPERATIVE STAFF,
IN WEST BENGAL STATE GOVERNMENT HAS MADE IT MANDATORY TO RECRUIT COOPERATIVE STAFF OF THE COOPERATIVE SOCIETIES THROUGH COOPERATIVE SERVICE COMMISSION AS PER MERIT LIST EXCEPT GROUP D POST.THE GOVERNMENT OF WEST BENGAL HAS MADE COOPERATIVE SERVICE COMMISSION OF WHICH OFFICE IS LOCATED AT KHADYA BHAWAN , MIRGA GALIB STREET, KOLAT.THE COMMISSION GIVES ADVERTISEMENT FOR LDC POST IN DIFFERENT COOPERATIVE INSTITUTION AT DIFFERENT TIMES IN DIFFERENT PAY SCALE . FOR EXAMPLE , TE FOR A WHOLESALE CONSUMERS COOPERATIVE RS.5000/P.M (SALARY NOT PAID BY THE GOVERNMENT)AND WEST BENGAL COOPERATIVE UNION OR TRIBAL COOPERATIVE ,LAMPS GOVERNMENT SALARY (SALARY PAID GOVERNMENT OF WEST BENGAL).THERE IS A GREAT DISCRIMINATION.AS THE COMMISSION IS TREATED AT PAR WITH PUBLIC SERVICE COMMISSION, IT CANNOT APPOINT STAFF OF LDC POST IN DIFFERENT PAY.THIS DISCRIMINATION HITS THE PROVISION OF ARTICLE OF OUR CONSTITUTION. THERE IS RTI PROVISION IN THE COMMISSION. IT IS NECESSARY IN THE GOVERNMENT ORGANISATION. AS THERE IS NO PROVISION OF RTI,APPEARED CANDIDATE IN THE WRITTEN EXAMINATION CANNOT HAVE INFORMATION OF THE MARKS OBTAINED IN THE EXAMINATION.SAME EXAMINATION , SAME POST BUT DIFFERENT PAY IS NOT FOLLOWED
BY THE PUBLIC SERVICE COMMISSION. THERE IS ALSO SCHOOL SERVICE COMMISSION,MUNICIPAL SERVICE COMMISSION IN WEST BENGAL. NO COMMISSION EXCEPT COOPERATIVE SERVICE COMMISSION RECRUIT STAFF WITHOUT GOVERNMENT PAY. IN VIEW OF THIS SITUATION, SOME COOPERATIVE INSTITUTES IN NADIA HAS FILED A CASE AGAINST STATE GOVERNMENT IN PROTEST AGAINST VIOLATION OF ARTICLE OF OUR CONSTITUTION.CASE FILE NO 331.THEY NEED HUGE AMOUNT OF MONEY TO ESTABLISH CASE.IF YOU THINK THEY ARE RIGHT ,KINDLY STAND BY THEM TO RESIST A UNDEMOCRATIC RULE.
PLEASE CONTACT, SAJAN CHATTERJEE,MOB:9434505129,AMAR,MOB:9831455029.
DEAR ALL COOPERATIVE STAFF,
IN WEST BENGAL STATE GOVERNMENT HAS MADE IT MANDATORY TO RECRUIT COOPERATIVE STAFF OF THE COOPERATIVE SOCIETIES THROUGH COOPERATIVE SERVICE COMMISSION AS PER MERIT LIST EXCEPT GROUP D POST.THE GOVERNMENT OF WEST BENGAL HAS MADE COOPERATIVE SERVICE COMMISSION OF WHICH OFFICE IS LOCATED AT KHADYA BHAWAN , MIRZA GALIB STREET, KOLKATA.THE COMMISSION GIVES ADVERTISEMENT FOR LDC POST IN DIFFERENT COOPERATIVE INSTITUTION AT DIFFERENT TIMES IN DIFFERENT PAY SCALE . FOR EXAMPLE , TE FOR A WHOLESALE CONSUMERS COOPERATIVE RS.5000/P.M (SALARY NOT PAID BY THE GOVERNMENT)AND FOR WEST BENGAL COOPERATIVE UNION OR TRIBAL COOPERATIVE ,LAMPS GOVERNMENT SALARY ARE MENTIONED (SALARY PAID GOVERNMENT OF WEST BENGAL)THERE IS A GREAT DISCRIMINATION.AS THE COMMISSION IS TREATED AT PAR WITH PUBLIC SERVICE COMMISSION, IT CANNOT APPOINT STAFF OF LDC POST IN DIFFERENT PAY.THIS DISCRIMINATION HITS THE PROVISION OF ARTICLE 14 OF OUR CONSTITUTION. THERE IS NO RTI PROVISION IN THE COMMISSION. IT IS NECESSARY IN THE GOVERNMENT ORGANISATION. AS THERE IS NO PROVISION OF RTI,APPEARED CANDIDATE IN THE WRITTEN EXAMINATION CANNOT HAVE INFORMATION OF THE MARKS OBTAINED IN THE EXAMINATION.SAME EXAMINATION , SAME POST BUT DIFFERENT PAY IS NOT FOLLOWED BY THE PUBLIC SERVICE COMMISSION. THERE IS ALSO SCHOOL SERVICE COMMISSION,MUNICIPAL SERVICE COMMISSION IN WEST BENGAL. NO COMMISSION EXCEPT COOPERATIVE SERVICE COMMISSION RECRUIT STAFF WITHOUT GOVERNMENT PAY. IN VIEW OF THIS SITUATION, SOME COOPERATIVE INSTITUTES IN NADIA HAVE FILED A CASE AGAINST STATE GOVERNMENT IN PROTEST AGAINST VIOLATION OF ARTICLE 14 OF OUR CONSTITUTION.CASE FILE NO 331.THEY NEED HUGE AMOUNT OF MONEY TO ESTABLISH CASE.IF YOU THINK THEY ARE RIGHT ,KINDLY STAND BY THEM TO RESIST A UNDEMOCRATIC RULE.
The whole thing is quite confusing. Recently, there was a news item in bold letters in the Times of India, Mumbai edition stating,inter alia, that Associate Memeber shall not have any right to offer his candidature or contest election to managing committee. No rejoinder or correction to that has so far been found in the newswpapers. Will someone plese clearly state the law as it stands now!
Im my bldg,the assciate member is secretary since 1yr.Can you pl adv clearly whether this is legal or illegal?He has no name mentioned in the flat trasfer document or share agree.His mother is the first holder.
Clearly by defaulty 2013 model byelaws are applicab;le.Hencew as per these byelaws can they be taken in MCommittee if they are associated member
Coming back to my main question which I believe has not been adequately answered.
1. Can only a joint-owner of the flat become an Associate Member(AM)? This is the inference I get from the definition. Refer:
“Associate member ” means a member who holds jointly a share of a society with others, but whose name does not stand first in the share certificate (Section 2(19)(b) of the M. C. S. Act 1960 and Bye Law No 3 (xxiv)(a))
2. However, I have read that anyone, not just a joint-owner, can become an AM by making an application in the prescribed form and paying Rs 100.
Now this is a matter of great concern. If someone wants to create trouble in the Society, he can just nominate even a gangster as an AM, and the peace and tranquility of the society can go for a toss. My main concern is how can a person who does not own the property or even live in the society or who is not even related to the owner become an AM.
Further this person who has no stakes in the Society can hijack the working of the society to the detriment of genuine members, and all this with legal sanction.
Can anyone throw light on the correct legal position. Pl also give some case laws if there are any. Thank you.
We hv a society of 200 flats in Mumbai Andher w our society was formed in 2010 before builder handed over the society . After a year the mc putuo a notice for re election, only 3 members came forward to stand for the elections so our Managing Committee continued wid the same members till today . Since last 2yrs some people in the house of AGM requested to hv a re election and hv even given the letter undersigned by few members but the MC gives the same excuse saying that we had already put up the notice for the same before and nobdody cane forward so now elections will be after this mc compltes 5ys .now from the 9 elected members 6 of them had resined including the secretary instead of conducting new elections our Chairman hv given few members of our society a back door entry amd made one of the associate Member as Secretary and one other associate member as a MC member and one more special thing abt our Chairman is that he owns a flat here but he stays in delhi and he is coming n going and monthly meeting is conducted wid his comfort when he is available here in a month ànd when the new associate Member became the secretary our Chairman was not even present here through a mail he has accepted and appointed a new secretary .Can an associate member be a secretary of the society n an MC member
Kindly guide me: We are a society of few bungalows.. In one bungalow a couple is staying. According to the their family agreement, the owner of the bungalow is staying somewhere else and he has given this bungalow to his brother to stay for lifetime until their death. The question is whether the brother who is staying somewhere else make this brother who is staying here an associate member or nominal member to attend AGM’s or SGM without the name appearing in share certificate.?? appreciate your reply.. if yes which Form to fill?
RESPONSE TO T.P. Viswanathan:
September 15th, 2014 at 10:13 pm
He would like to know final law on Associate member contesting election to managing Committee.
1. Associate Member is defined as a shareholder of a CHS whose name appears in Share Certificate but not in the first line of names of shareholders.
2. Section 27(2) of The Act confers only right to Associate to vote in GBM if the first line member is absent.
3.Section 24(2) empowers Members in GBM to confer rights of first line member to Associate by amending the Bye-Laws.Relevant portion of Section 24(2) is extracted below:
A nominal member shall ordinarily not have any of the privileges and rights of a member, but such a member, or an associate member, may, subject to the provisions of sub-section (8) of section 27, have such privileges and rights and be subject to such liabilities of a member, as may be specified in the by-laws of the society
4. New Election Rules publlished on 11-09-2014 in its Rule 20 confers on Associate a similar right like right under Section 27(2):
[https://consumerresourcesin.files.wordpress.com/2014/10/election_rules_final.pdf]
Rule 20 extracted for easy reference:
20. Nomination of candidates.— (1) Any member whose name appears in the final list of voters may be nominated as the candidate for the election to fill a seat, if he is qualified to be chosen under the provision of the Act, rules and the bye-laws of concerned society:
Provided that, where the seats are reserved ……………….
Provided further that, in case of associate members of co-operative housing society and co¬operative premises society, the member whose name stands first in the share certificate shall be eligible to be nominated as candidate for the election. In absence of such person whose name stands second as associate member and in the absence of both, the person whose name stands next and likewise in the absence of the preceding persons the person whose name is next on the share certificate, who is not a minor shall be eligible to be nominated as candidate for the election.
There is a flaw in this. Section 24(2) obviously has to be homoured over Rule 20 of Election Rules and unless bye-laws (Members in GBM) concede to Associates a right to contest election to the Committee Rule can not confer that power overriding Bye Law 25 of Model 2014 (or earlier Models)
So the final law is an associate member of a CHS can contest election to Committee in the absence of the Member provided however that the Bye Laws of the CHS confers such a right in terms of provisions of Section 24(2) of the Act.
I hope this puts all doubts at rest.
Thanks TPV for insisting on clarity.
Mr Desai Says wrote on September 18th, 2014 at 11:00 am inquiring if Secretary in his CHS being an Associate member is occupying the office in accordance with law. The answer is to be tested with the following parameters:
An associate member of a CHS can contest election to Committee in the absence of the Member provided however that the Bye Laws of the CHS confers such a right in terms of provisions of Section 24(2) of the Act. Additionally he should be elected as Secretary in the first meeting of the New Committee.
M J Mendonza (September 30th, 2014 at 2:03 pm) not yet happy that Rs 100/- can get any person an Associate membership and can become Chairman and hijack the CHS. With an extremely high quality of indifference of members of CHS to taking part in the affairs of the management of one’s CHS Mendonza’s fears are not unfounded. Obvioulsly like every one he looks for Law/Rules (made by Politicians/Bureaucracy) to protect the CHSs. On one hand every one is fed up of Politicisation/bureaucratisation of cooperative movement but when it comes to living by a fragment of the Cooperative Principle 2 namely ” Co-operatives are democratic organisations controlled by their members, who actively participate in setting their policies and making decisions” every one has excuses to be busy.
There are checks built in to law, but the managment/members have to resort to them. CHS has a choice to debar Associates to contest election to Committee.
RESPONSE TO bhavna (December 7th, 2014 at 11:43 am) ANDHERI
It is extremely unfortunate situation that even after
1.the 97CAA “Part IXB: The Cooperative Societies” of the Constitution of India
2.the Maharashtra Cooperative Societies (Amendment) Act 2013,[Effective 15 2 2013]
3.the Maharashtra Co-operative Societies (1st Amendment) Rules, 2014 [Effective 30 8 2014]
4.the Maharashtra Co-operative Societies Election to Committee Rules, 2014. [Effective 11 9 2014]
the prestigious sub-urb like Andheri has a 200 Member CHS managed by (prcatically illetrate Cooperative Law wise) management mafias.
Your Society has bye laws in which there is a bye law which reads as under:
89 (b)Where the first general meeting fails to elect a Provisional Committee the Registering Authority shall be competent to nominate such a committee, including the Chairman and the Secretary of the Society for a period of one year.
There is another bye law 116(b) : (b) In the event of receipt of inadequate valid nominations, required to constitute the full Committee, the general body at its meeting shall fill in the vacancies by election. On the failure of the general body meeting to elect the required number of members to constitute the Committee, the elected members of the committee shall be competent to fill in the same by co-option, whether they form the quorum or not, not withstanding the provisions of the bye-law No. 127 125 regarding the Quorum.
Members could have insisted on applying this bye Law.
Now the only solution is that Some members say about 30+ should requisition a Special General Meeting to fill up casual vacancies.
There is a Section 77A under which any member can go to Dy Registrar of your Waed and inform him. He will immediately takes steps. Your Committee of three can be investigated in to working of the Committee since starting. The Chairman will surely be disqualified to become committee member in any society for at least 5 years.
Unless members of the Society take interest in the Society affairs, No law, nor Politicians/Bureaucrats are going to help you.
Suganda [December 12th, 2014 at 4:04 pm] presumably based in Maharashtra wants to know if a brother of a member can occupy flat without being a nominal or an associate member.
If a brother is allowed to occupy a flat and is not an Associate member he has to apply to be admitted to the membership in a prescribed form umder bye laws of her CHS.
Right to vote by proxy is very well defined in any law or bye-law
Any other law which can directly or indirectly or directly create proxy should be struck off
Members other than those whose name does not appear on agreement or has share in property (and not only name appearing in share certificate)be allowed to vote or stand for election.
-Nominee of diseased member had filed application for membership in housing society, with all required documents.
-Society has duly recorded her name in the society records and also endorsed her name on share certificate after verification of all the required documents.
Query is : (Please answer this with preview of recent amended Law of co-operative society)
-Can this member (member made by virtue of nomination) can apply for associate membership for her spouse.
-Will this Associate member is allowed to contest the election of managing committee in cooperative housing society.
Had applied for Associate Membership under Sec 19B&19C. The managing Committee has kept on hold my Associate membership for 7 reasons.Out of which five reasons are for Ganesh Utsav Celebrations. In spite of handing over the cash to society Secretary refused to take and has not even put in General Body and all these are from April 2013.They had even declared that holding of Ganesh Festival is not Legal by the then volunteers of the society where as this celebrations are there when he had not purchased flat in our Society.Out of nine Volunteers of Ganesh Utsav three are managing Commitee members and one is Co-Opted member.One point he mentions that there was fight with outsiders at Gate where as I am well educated person and has no criminal /civil cases of whatsoever in any court of law.On redevelopment when I went to ask for Tender Specification one of the members asked to purchase and there was a discussion which he remarks as an argument.
On this point can he hold my Associate member
sir, It is is still not clear. The agreement of registration of flat in the name of H and W. W can become associate member since he has right and title in the property. Whether C son of H & W can become Associate member in the following case/s:
a] W is not yet become associate member b] W is already associate Member.
In our society two flats been owned by one person and both the flats been registered in his and his wife’s name. Share certificate also containes the name of both husband and wife. Can both been part of the management committee? Can both have the rights to vote because they have two flats registered in their name?
Mr. IC Naik, my question is = I am from Maharashtra state. What are the problems that we or I may come across, if the share certificate of society mentions the names in wrong order. Unlike agreement copy, my name written first instead of my father and his written second simply separated by “&” on share certificate. On share certificate there is no order of names no serial numbers. But agreement has father’s name first and then mine. Is it a major mistake of society ? What problem it can create for me in future?
‘IT IS A MISTAKE OR NOT’ that it self is debatable. The persons whose name appears on the share certificate are members of the society. As per definition of member Associate member is a person whose name does not appear first in the share certificate. So your father is an Associate member. As apparently the flat was purchased by your father (because his name is first it is so assumed) he should have applied for original membership in the prescribed form as per Bye Laws. This may not have happened as managements are not careful enough, He must have signed the proposed bye laws and application for registration of the society; In fact both must have signed. Even the order here is immaterial as neither Bye Law nor Act shows any concern for that, There is a Rule No 19 which in clause (a) prohibits enrolling a member without an application therefor but the Act declares otherwise, that signatories to bye laws are members upon registration of a society. Even before signing proposed bye laws and application for registration an application to the builder has to be made for allowing a flat purchaser to sign the same. So all such procedural flaws must be corrected as far as is permissible. No complication may arise if an occasion to transfer the flat does not arise at all. But if the intention was that father is the owner for family point of view the mistake must be corrected by appropriate resolution of the Committee.
Sir in my society even though the first name in the agreement is of son his father has become the chairman eve without becoming a associate member and has been in the spending spree of society funds and has created lot of problem for my family can I file a case against him for forgery as the minutes of the last AGM has my fathers signature even though he has not signed any minutes drafted by the new committee.
Mr. Ishwer Naik, my dad is the owner of our flat and he now stays in native place. I stay here with my family. So my question is I want to be the part of the AGM meetings in the absence of my father and also have the right to speak during meeting. So what needs to be done in this case? Thanks, Allen Dsouza.