I am staying at Malad (W), Mumbai – 400064 in a Ujjawal Nandadeep CHS.Ltd. since 1987. The SOCIETY flat is on my wife name. During 1995, as per the direction of authorized officer who were in charge of Society, I became associated member by paying Rs. 100/- as fee. During 2016-17 I have contest the society election and elected as member of society.
However, in the month of December 2016, I resign from the committee member due to some dispute with the committee members. In the AGM of 25/09/2016, the new bye laws were accepted by the society. However, during October, 2017, the Secretary of the Society have informed me that my associated membership is cancelled since I am not having any SHARE in property.This issue was not placed before any AGM/SGM nor any order obtained from the Dy.Registrar, Co-op.Society ‘P’ Ward, Kandivali (E), Mumbai – 400101.
Let me know, whether the action initiated by Secretary is legally valid. Is there any Apex Court Order is voile ted by Society secretary. If so, pl. furnish me a order copy or number if any available with you.
I C Naik
It is an unfortunate confusion created by (C C & R C S) Commissioner for Cooperation and Registrar of Cooperative Societies (by releasing extremely faulty Model 2014 of bye-laws. Read more…. https://www.indiancooperative.com/?s=PART+7
New housing societies must register 2014 Model (under pressure from the office of C C & R C S. For existing housing societies also the Cooperative Department put pressure to replace their original registered bye-laws with 2014 Model. Few existing housing societies succumbed to the pressure but most did not. They got way retaining old registered bye-laws essentially because C C & R C S does not have a power to force such replacement. The only inconvenience to the Management Committee is that any bye-law in registered bye-laws is found contrary to any provision of the M C S Act 1960 (Since amended w.e.f. 14 2 2013) and the M C R 1961 (Since amended w.e.f. 30 8 2014) is invalid. The relevant provision of the M C S Act 1960 or Rule of the M C R 1961 must be adhered to instead of the relevant registered bye-law by the Management Committee. This is a cumbersome tasks for otherwise very reluctant and indifferent Management Committees.
The Hon. Secretary of your housing society has not checked in the registered bye-laws of your society if he has a power to terminate a person’s Associate Membership? I guess your society’s registered bye-laws are as per Model 2001 (As Rs 100 fee was increased from 10 in 1984 Model to 100 in 2001).
The society in General Body Meeting, the Management Committee and the Hon. Secretary are all bound by specific bye-laws of the registered bye-laws. In fact every member executes an undertaking that : I have gone through the registered Bye-laws of the society and undertake to abide by the same with any modifications the Registering Authority may make in them. (Application form submitted for membership),
Bye-law No. 58 provides: The person shall cease to be the associate member of the society, when the original member ceases to be the member of the society or on the death of the associate member or on the acceptance of the resignation of the associate member by the Committee.”
The Hon. Secretary has acted in breach of this bye-law No. 58 and is inoperative. You continue to be an Associate Member.
When you approach the Ward Dy. Registrar include the following argument in your letter to him:
In the registered bye-laws of the society (Mode 2014) the following bye-law No
3(xix)(b) reads as under: “Associate Member” means a Member who holds the right, title and interest in the property individually or jointly with others, but whose name does not stand first in the share certificate;
This definition of Associate is invalidated by the fact that Associate member defined under Claus 19(b) reads as under: (b) “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;
No bye- law is binding on the members if it is not conforming to any provision of the M C S Act 1960