Ritesh
Dear Sir,
I am a member of the management committee in our society.
Can a society pass a resolution to put a blanket ban on the foreign national’s entry to the society?
I C Naik
No. It is against the very 1st Principle of Cooperation.
“Co-operatives are voluntary organisations, open to all persons who use their services and willing to accept the responsibilities of membership, without gender, social, racial, political or religious discrimination.”
Cooperative Housing Society is bound to admit all those who meet the eligibility criteria laid down in the State’s Cooperative Act. For example Section 22 of Maharashtra Cooperative Societies Act permits an individual, who is competent to contract under the Indian Contract Act, 1872 to become a member of a Society. However, as per Section 23(1) for a “sufficient cause’ an individual can be refused membership.
Non Compliance of any regulation under any applicable Indian law by an individual is a sufficient cause for such refusal.
If any foreigners are likely to become member for any reason, as a matter of abundant caution the society should lay down additional (In addition to those in the bye laws) conditions as to eligibility criteria which should definitely include Security Clearances and Clearance for acquisition of Property as laid down by the Government/Statutory Authorities.
Exchange Control Dept of RBI has issued a Notification No-FEMA 21 /2000-RB dated 3rd May 2000 laying down conditions for ac acquisition of immovable property.