Dr. A V Hardikar
I want to know –what are the changes made about Status of Associate Member in amendment 2013.
Is it Legal that all Existing Associate Members, whose name is added by Entrance fee Rs 100/ and not in Original Documents -are to be Removed By Managing Committee of CS.
If so I would like you to highlight those sections for me. Controversy is raging in Society’s MR on same.
I C Naik
There is no change in the definition of Associate member and the membership rights available to him / her under MCS (Amendment) Act 2013.Provisions are reproduced for inspiring confidence:
DEFINITION
Section 2(19) of the Act ” (a) “member” means a person joining in an application for the registration of a cooperative society which is subsequently registered, or a person duly admitted to membership of a society after registration and includes a nominal, or associate member;
(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;
??Section 24(2) of the Act provides that ”
A nominal member? or an associate member, may, subject to the provisions of sub-section (8) of section 27, have such privileges and rights and be subject to such liabilities of a member, as may be specified in the by-laws of the society.
?Sub-section (8) of section 27? prohibits Societies conferring any of the membership rights ?to Nominal Member.
?Sub- section (?1) of section 27 ? provides for right of 1 vote to original member in General Body Meeting and ?in his/her absence the Associate can exercise the same.
The Commissioner of Cooperatives Pune, periodically revises the Model bye-laws for voluntary adoption by the concerned class of the Society. The Societies can adopt the new Model by undergoing the Amendment procedure prescribed in the Act/Rules as well as the registered bye -Laws of the concerned Society. The advantage of the adoption is the Committee has one Rule book to manage the affairs of the the Society in accordance with the Act,Rules and the Bye Laws.
Accordingly some housing societies have started the adoption of 2014 Model bye Laws. ?
I have recently suggested certain amendments to Model 2014 by those CHSs which adopted them. The definition of Associate Member in this Model is not in consonance with that as per the Act Section 2(19)(b).So I have suggested to amend it…Members can confer what ever rights they want to confer through Bye Laws. Read more….
https://www.indiancooperative.com/cooperative-coffee-shop/adopt-and-amend-2014-model-but-why/
On these website there are 8 other posts abaut 2014 Model Bye Laws of CHS under MCS Act 1960
?Careful study of all these should add substantially to readers’ knowledge. ?
