We live in Mira road and I am a nominee for the property that my husband purchased. With his permission and by filing appendix 5 under by law no19b can i be admitted to membership. thereafter filing in appendix 10A under by law no 117 d can i become a member of the managing committee. Like me there are a few persons in our society who wish to serve because they have the time and the knowledge.
Please let me know about this whether this law is still applicable or any amendment has been made.
I C Naik
ALMASJI appears to be quite conversant with referring to bye laws and has raised a pertinent question about which even Chief Cooperative Election Commissioner’s office is confused. onwww.indiancooperative.com search Associate member and several blogs covering her question would come up on the screen.
I will however help her find the answer with full authenticity.Her CHS appears to have registered the 2001 Model bye-laws.
1.She is advised to buy from the Secretary (Rs100 approx) a copy thereof certified by him/her or chairperson of the CHS.
2.She should see herself bye law number 25 reading as
‘No associate member shall have any rights or privileges of a member except as provided under Section 27(2) of the Act.”
Section 27(2) confers right to vote in members’ meeting :
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 is next on the share certificate, who is present and who is not a minor, shall have the right to vote”
?For further rights of Associate Members Section 24(2) provides that
“a nominal member 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.”
3.Section 27(8) expressly prohibits Nominal member to have any rights of member and it is silent about Associate Member.
For contesting election to Committee find out which bye law provides for the same.