In a CHS, if a member who regularly pays his dues but has not attended a single AGM in the last 6 years, can this member be declared a non-active member?
I C Naik
The “active member” is defined in Clause 19(a-1) of Section 2 of the M C S Act 1960 as:
“(a-1) “active member” means one who participates in the affairs of the society and utilises the minimum level of services or products of that society as may be specified in the by-laws;”;
The M C S Act 1960 in its new Section 26(2) provides:
(2) It shall be the duty of every member of a society,—
(a) to attend at least one general body meeting within a consecutive period of five years :
Provided that, nothing in this clause shall apply to the member whose absence has been condoned by the general body of the society;
(b) to utilise minimum level of services at least once in a period of five consecutive years as specified in the by-laws of the society:
Provided that, a member who does not attend at least one meeting of the general body as above and as specified in the by-laws of such society shall be classified as non-active member.
I am sure this is self-explanatory. The member not attending General Body Meeting as so required can continue to be active member, if the society in General Body Meeting condone this lapse as per Proviso to sub-section 2(a).
