Biswajit
Firstly let me thank you and congratulate you for successfully helping people like us. This is a great platform to get sorted several queries.
Recently an article had come in times of India and afternoon wherein it was stated that associate members can’t become / elected / selected as part of managing committee including office bearers.
Can you please throw some light here?
I C Naik
I tried hard to guess as to whether you are a member of cooperative housing society registered in West Bengal or in Maharashtra.
In West Bengal Cooperative society Act Section 63(4) provides admission of Joint Member but with voting right in the general body meeting in the absence of original member. He has no other right.
Cooperative societies in Mumbai are better placed as far as Associate member is concerned, though it has been the most favourite controversial topic on www.indiancoperative.com
Highest Contribution is made by the Commissioner and Registrar of Cooperative Societies who has issued Model Bye Laws 1984, 2001 and 2009. One more 2013 Model is on the way. All have made errors about Associate member’s rights in spite of the fact that the provisions of M C S Act 1960 are free from any doubts. Have a look at Sub-Section 2 of Section 24 and Sub-Section 8 of Section 27. More little later.
1.Section 24(2) A nominal 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 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.
2.Section 27(8) No nominal 6 [* *] 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].
So Nominal member is not eligible to be a member of a committee but Associate member is eligible provided the Bye-Laws say so.
All the Models issued so far categorically says
“No associate member shall have any rights or privileges of a member except as provided under Section 27(2) of the Act.”
[Bye-Law No 27 of 1984, Bye-Law No 25 of 2001, 2009 and 2013 (DRAFT)]
Confusion is with 2001 Model. Its Bye-Law No 118 (corresponding to No 117 of 1984 Model) prescribes 5 conditions ( as against 4 under 1984 Model) which renders a person in-eligible to join the managing committee. The in-eligibility condition No V reads as under: “In case of an associate member, non-submission of the no-objection certificate and undertaking, as prescribed under these bye-laws, by the member” Same condition is carried in to Model 2009 and 2013 Model Draft (Bye-Law No 119).
So the position is Bye-Law No 25/27 is superseded by Bye-Law No 117/118/119 which allows Associate member to join Committee if he submits the no-objection certificate and undertaking, as prescribed under the bye-laws signed by original member.
CONCLUSIONS
1.In my very firm view unless [Bye-Law No 27 of 1984, Bye-Law No 25 of 2001, 2009 and 2013 (DRAFT)] are deleted, Associate Member can not join the managing committee.
2.Housing societies governed by 1984 Model have to add to Bye-Law No 117 the aforesaid in-eligibility condition No. (v)