Abhay Patil
Does joint member has right to attend General Body meeting and check the accounts or verify account books or other records in absence of Primary Member under Goa Co-operative housing act 2001 & rules 2003?
I C Naik
JOINT MEMBER has some rights in absence of main member. In order to understand it relevant provisions of Jt. Member under the Goa Co-operative Societies Act, 2001 and Rules are reproduced below.
DEFINITION:
(25) “joint member” means a member who holds jointly a share of a society with another but whose name does not stand first in the share certificate;
(28) “member” means an individual or entities mentioned in section 21 joining in the application for the registration of a co-operative society which is subsequently registered,or duly admitted to membership of a society after registration and includes a joint member;
So unless expressly provided otherwise Joint member’s rights and original members rights have to be the same.
SECTION23 Joint member:
(1) Subject to the provisions of section 21, a society may admit any person as a joint member. A joint member shall hold jointly a share of the society with another but his name shall not stand first in the share certificate.
(2) A member of a society may appoint not more than one joint member.
(3) When a person whose name stands first in the share certificate ceases to be a member, the person admitted as joint member shall automatically be the first member. In the event of the cessation of membership of the first member by death, the joint member shall be the first member and the nominee, if any, of the deceased member shall be the joint member.
(4) The joint member shall have equal right in the capital and property of the society with the first member.
(5) The joint member shall have the right to vote only in the absence of the member whose name stands first in the share certificate.
SECTION 28
(2) Where a share of a society is held jointly by more than one person, only the person whose name stands first in the share certificate, shall have the right to vote. But in his absence, the person whose name stands second shall have the right to vote.
SECTION 32 Rights of members to see books, etc.—
(1) Every member shall be entitled to inspect, free of cost, at the society’s office during office hours, or at any time fixed for the purpose by the society, the bye-laws, the last three years audited annual financial statements, audit report and audit rectification report and those portions of the minutes of general meetings and Board meetings and books and records relevant to his transactions with the society.
(2) A society shall furnish to a member, on request in writing and on payment of such fees as may be specified in the bye-laws, a copy of any of the documents mentioned in the foregoing sub-section within one month from the date of payment of such fees.
Goa Society Rules 2003 [Rule 18 (2)] reads as under: “The joint members shall be entitled to appoint only one nominee each.”
Rule 64 has a Proviso that in the case of joint or associate member, only the member whose name stands first in the share certificate shall be eligible to be nominated as candidate for the election.
Answers
1.Joint member has a right to attend General Body meeting in absence of Primary Member
2.Right to check the accounts or verify account books or other records is limited to provision of Rule 32 only.
DEFINITION MEMBER IS:
(28) “member” means an individual or entities mentioned in section 21 joining in the application for the registration of a co-operative society which is subsequently registered,
or duly admitted to membership of a society after registration and includes a joint member;
SECTION 32
Rights of members to see books, etc.— (1) Every member shall be entitled to inspect, free of cost, at the society’s office during office hours, or at any time fixed for the purpose by the society, the bye-laws, the last three years audited annual financial statements, audit report and audit rectification report and those portions of the minutes of general meetings and Board meetings and books and records relevant to his transactions with the society.
(2) A society shall furnish to a member, on request in writing and on payment of such fees as may be specified in the bye-laws, a copy of any of the documents mentioned in the foregoing sub-section within one month from the date of payment of such fees.
Goa Society Rules 2003 [ Rule 18 (2)] reads as under: “The joint members shall be entitled to appoint only one nominee each.”
Rule 64 has a Proviso that in the case of joint or associate member, only the member whose name stands first in the share certificate shall be eligible to be nominated as candidate for the election.
