I’m a new member of our society. The share certificate was transferred to my name in March 2018. Now I wish to become a member of the managing committee but the secretary claims that I won’t be able to join the committee until I complete 2 years as a member. I couldn’t find anything regarding this in the Model Bye-laws provided by the Maharashtra Govt. Please let me know if such a rule exists.
Registration no TNA(TNA)/HSG/TC/1885/1987-88
I C Naik
The Hon. Secretary of your society has not updated his information on the latest legal position on the question you have raised.
Following is the latest position.
Section 27(3A) of the M C S Act 1960 : ’ An individual member of a society shall not be eligible for voting in the affairs of that society for a period of two years from the date ofhis enrollment as amember of such society.]
“Provided that, nothing in this sub-section shall apply in respect of a co-operative housing society and a co-operative premises society.” ;
You can approach the Hon. Secretary and make a request that you want to inspect section 27 of the M C S Act 1960 and he should provide you with the copy of the latest law the M C S Act 1960. He will in all probability say the society does not have a copy. You draw his attention to the following section in the M C S Act 1960 namely;
Section 32 – Rights of members to see books, etc.
(1) Every member of a society shall be entitled to inspect, free of cost, at the society’s office during office hours, or any time fixed for the purpose by the society, a copy of the Act, the rules and the by-laws, the last audited annual balance sheet, the profit and loss account, a list of the members of the committee a register of members, the minutes of general meeting, minutes of committee meetings and those portions of the books and records in which his transactions with the society have been recorded.