I came across your answer to “2014 bye laws and associate member” where you have explained the confusion in the wording of the law clearly.
Our CHS is presently going to adopt the New Bye laws and we were looking for clarity on the issue of Associate Member.
The State Co-op Election Authority has issued a clarification on this topic to the Editor of the Times of India.
As per this no Associate Member cannot contest CHS elections unless his name is entered in the Share Certificate.
Q1) On application for Associate Membership, is it not the responsibility of the Managing Committee to enter the name in the Share Certificate. It is part of the process of admitting an Associate Member is it not?
Q2) What is the position of those who became Associate Members under the previous bye-laws?
Q3) Can any CHS amend the provision for Associate Member as it thinks fit and applicable in their individual case?
I C Naik
When you pass a resolution in SGBM/AGM to adopt Model 2014 pass a resolution to replace the Clause (xxiv)(b) by the following:
“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;
Justification for the change must be recorded in the minutes as under:
Clause (xxiv) of Bye Law No 3 requires Associate member to be a joint owner of the flat. Since the Act in Clause 19(b) of Section 2 does specify such requirement the Society would like to fall in line with the requirement as per Act.
1.The applicant has to submit the Share Certificate for endorsement of the name of the Associate Member. The Committee does not have a reason to not enter the name on Share Certificate. If there is any, the applicant must be informed about it in writing.
2.Circumstances of Cessation of Associate Membership do not include change in definition of Associate Member under new Bye laws.So he continues.
3.Associate membership is defined in the Act as aforesaid. But there is a less known provision in Section 24(2) of the Act which empowers Society to define rights of Associate member by specifying in the bye Laws. So you must do that when Model 2014 is put to GBM Resolution.