Lawfarm Team
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Asked May 29, 2016

associate member of a cooperative housing society becoming member of managing committee

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Whether an associate member of a cooperative housing society can become a member of Managing Committeee? If yes, what generally is the procedure? Moreover, what are the rights of a Managing Committee member?

Answer 1

Ans. Yes an associate member of a cooperative housing society can become a member of Managing Committee. Procedure Eligibility of membership provisions is contained in Section 22(1) of the Maharashtra Co-op. Societies Act, 1960. An individual completing the age of 18, mentally sound as well as competent to contract under Indian Contract Act 1872. A Company or firm registered under Society Registration Act 1860, Public Trust Registration Act 1860, Public Trust registered under Mumbai Public Trusts 1950. A Co-operative society registered under M.C.S. Act, 1960 i.e. Central Govt. State Govt. local Authority public trust can eligible for membership of the co- operative housing society. However, it is necessary that they have to possess ownership rights of flat owner or tenement owner of co-op. Housing Society by legal documents. Conditions of admission of membership as per rule 19 of the Co- operative Act. 1. A person / society / body corporate intending to become a member of a particular society should apply in writing for getting membership in a prescribed form. 2. Managing committee’s approval is necessary for membership application and thereafter approval of the Annual General Body Meeting. 3. Any member who wants to obtain membership should have to fulfill to norms laid down in the Act, Rule and by laws. 4. Other than person the company firm Trust competent Authority also should have to fulfill above terms and conditions. 5. It is necessary to attach resolution regarding giving rights along with the membership application. Rights to member. The member of the Co-operative housing society gets following rights once he gets membership. 1. Right to possession of his flat. 2. Right to appoint associate member / nominal member. 3. Right to receive a copy of bye - laws. 4. A member shall have a right to inspect free of cost books register documents etc as provided in section 32 (1) of the Act and get copies of accounts. The documents as provided u/s 32 (2) of the Act on payment of the fees prescribed under the bye-law No- 172 and inspect the document of society. 5. Right to attend Annual General Meeting. 6. Member has a right to fill application for election if he is not defaulter. 7. Right to vote in election of the society. 8. The member gets right to make nomination of his share.  Right of Members (vide Section 32 of the Co-op societies Act 1960) 1. To get Maharashtra Co-op. Societies Act 1960 Rule 1961 and Registration copy of the society by-laws. 2. Copy of Audit Report. 3. List of members 4. Registration book of member. (I and J form) 5. Minutes of the managing committee meeting. 6. Minutes of Annual General Body meeting and special general body meeting 7. Copies of the account in which such members’ transaction are recorded.
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