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Mrs . Shanta Rani (Housewife)     06 September 2023

Change in type of membership ina chsl

Can an Office Bearer of a CHSL in Mumbai continue to hold his/her post despite change in his type of membership (Earlier Joint to Now Associate)? 

Kindly suggest the the course of action.



Learning

 7 Replies

Dr. J C Vashista (Advocate )     07 September 2023

Presumably CHSL is referred to Cooperative Housing Society Ltd., isn't it ?

If so, there is no basic difference in rights and liabilities between an associate and joint member of the Society.

Mrs . Shanta Rani (Housewife)     07 September 2023

Yes, Sir! It's cooperative housing society Ltd. 

Since, the office bearer has gifted his share to his son thru gift deed, does he need to resign and then get reelected or can he continue by just giving appendix 5 and 10 a? 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     07 September 2023

Under the Maharashtra Co-operative Societies Act, 1960, other than a Member there is also an Associate Member. By definition an Associate Member is one whose name appears later in the share certificate. There is no membership under the Act called a Joint Member. Under the Act an Associate Member will have rights conferred on him under the byelaws of the society. The Act itself gives him power to vote as a proxi at a General Meeting in the absence of the main member. The Act gives rights over capital and property of the society to those whose names appear in the share certicate. In other words they are beneficial owners of the propety. The names of those who are not beneficial owners of the property cannot appear in the share certificate. 

If the 'office bearer' has gifted all his shares to his son and he no more owns any share, he cannot be any kind of member of the society and he cannot be an office bearer. If he still owns part of the shares and he is admitted as an Associate Member, he can be an office bearer provided the byelaws of the society allows an Associate Member to be an office bearer, and the main member gives up in writing his right in favour of his Associate Member.

Martin Patterson   07 September 2023

Can an office bearer of a CHSL in Mumbai retain their position if there is a change in their membership type from Joint to Associate? What are the recommended steps to address this situation? 

Mrs . Shanta Rani (Housewife)     07 September 2023

Humbly request you to read the Amendment of 2019 for definitions of Joint & Associate member. 

🙏

Dr. J C Vashista (Advocate )     08 September 2023

Is it an examination question qua membership in Maharashtra Cooperative Housing Societies Act, wherein author is well aware about latest (2019) amendment in the principal Act ?

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     09 September 2023

The answer to question raised by Mrs. Shanta Rani is 'No". He cannot hold his position as office bearer. I thank her for the humble request.

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