B-16 Neptune CHS, (Regd. No:T N A / H S G / 1062 of 1981 )
Sector 4, Vashi, Navi Mumbai, 400703
Legally how to make a person whose name is not in the share certificate as an “Associate Member” so that he can become one of the member in the Managing Committee to run the society in Maharashtra.
I C Naik
You may be aware that the MCS Act 1960 has now a distinct chapter XIII-B Cooperative Housing Societies with effect from 9th March 2019 [inserted vide Ordinance issued on that date]. The Ordinance also provides that , “in case of housing society having less than or up to 250 Members, the elections of the Committee shall be conducted by the said housing society in the manner as may be prescribed” So until these rules are prescribed there will be no elections.
The Associate member’s position has also changed significantly. Prior to 9 3 2019 Associate member could not join the Management Committee as all the last 4 model bye-laws [1984,2001,2009 & 2014 did not confer such right to Associate].
Up to 9 3 2019 definition of Associate as per the MCS Act 1960 was as under: Section 2(19)(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;” Now it reads as under:
Chapter XIII-B Cooperative Housing Societies Section 154-B1(18)( a):
“Associate Member” means husband, wife, father, mother, brother, sister, son, daughter, son-in-law, daughter-in-law, nephew, niece a person duly admitted to Membership of a housing society on written recommendation of a Member to exercise his rights and duties with his written prior consent and whose name does not stand in the share certificate”
The MCR 1961 prohibits admission of any person to membership of the Society without an application therefore. Extract from Rule 19:
“19. Conditions to be complied with for admission for membership, etc:- No person shall be admitted as a member of a society unless,—
(i) he has applied in writing in the form laid down by the society or in the form specified by the Registrar, if any, for membership;
(ii) his application is approved by the committee of the society in pursuance of the powers conferred on it in that behalf and subject to such resolution as the general body of members may in pursuance of the powers conferred on it in that behalf from time to time pass and in the case of nominal, or associate member, by an officer of the society authorised in that behalf by the committee;”
So as of now the answer to the question of Manivasakam is in the negative.