Kiran Walawalkar
This refer to your article published on website https://www.indiancooperative.com/cooperative-queries/associate-membership-in-chs/#comment-246
Can you please let us know, if an associate member, who has obtained NOC on Rs.100/ stamp paper from original member, be eligible to be appointed as a secretary and sign all the official documents for the society? Can he be the office bearer, have rights to vote?
I C Naik
If you see bye law no 27 (Model 1984) and Bye Law No 25 (Model 2001 and 2009) it says “No associate member shall have any rights or privileges of a member except as provided under Section 27(2) of the Act.”
Section 24(2) of MCS Act permits Societies to confer original members’ rights to Associate member by specifying such right under Bye-Laws. So unless this Bye Law is amended to confer a right to Associate to join the Committee with prior consent of the Original member it is not legal to appoint Associate on the Committee.
As per 97th CAA, any member irrespective of nomenclature shall have the privileges under Article 243 ZO(2).
There is some confusion here.
ARTICLE 243ZO(2) READS THUS: “The Legislature of a State may, by law, make provisions to ensure the
participation of members in the management of the co-operative society providing minimum requirement of attending meetings by the members and utilizing the minimum level of services as may be provided in such law.”
This Sub-Article intends State Governments to prescribe minimum level of participation in Society’s key matters nameluy Economic activity and membership management area i.e. attending General Body meeting. All three category of members OM,AM and NM can not comply. For example Nominal member can not attend GBM under any situation even if OM and AM both are unable.