Associate membership of tenant co-partnership society
Vinod Upadhyaya
(Querist) 03 April 2016
This query is : Resolved
Dear Expert,
In May 2008, The husband of the member (who does not hold share in the property) applied for associate membership with duly filled form. But the relevant fees was not paid at that time. The Managing committee (MC) had passed the resolution in June 2008 approving the application in which the proposer of the resolution was absent as the signature is missing in the attendance record of the same MC meeting held.
Now the member has tendered the associate membership fees in Feb 2016 and asking the MC to accept the fees to regularise the membership.
The AGBM had adopted the New model byelaws of 2014 in Sept 2015 and sent the same to registrar for approval in Nov 2015. The previous registered bye law is of 2002.
Please help on knowing what steps should the MC take in this matter.
Devajyoti Barman
(Expert) 04 April 2016
Refer the bye laws of the society which is force now.
If the bye laws is silent on it then bank upon majority decision of the members in a duly convened meeting.
Kishor Mehta
(Expert) 04 April 2016
Sir,
The proper procedure will be to ask for a fresh form, together with the requisite fee, and the share certificate for the mandatory endorsement. The previous form can not be validated.
Good Luck,
Kishor Mehta
Rajendra K Goyal
(Expert) 04 April 2016
The member need to be admitted under the present bye laws of the society.
M V Gupta
(Expert) 05 April 2016
The earlier application/irresolution passed by the Committee is invalid in law as the applicant did not pay the requisite fee as stipulated under the old bye laws. Even otherwise, the applicant cannot be regarded as Associate member unless his name appears in the share certificate. As per the amended MCS Act, the definition of Associate member has been changed. As per Section 19 (b) of the MCS Act, "Associate Member" means a member who holds the share certificate jointly with another person but whose name does not stand first in the share certificate. As such now no person whose name does not appear in the in the share certificate cannot be registered as Associate member.
Dr J C Vashista
(Expert) 09 April 2016
Well advised by expert Mr. M V Gupta, I agree.
However, you have not mentioned where (which State) is the Cooperative Society? What type of CS?
Whether the Bye-Laws, Rules and Act governing/applicable to the cooperative society allow to enrol a Non-shareholder as a member?
The application itself is invalid for non- paying of requisite fee, how come he (husband of member) be granted membership by MC? The preposition of "associate membership" and "second member" is different.
Discuss with a local prudent lawyer practicing in cooperative society laws/courts/tribunals.
Vinod Upadhyaya
(Querist) 09 April 2016
Expert members thank you for the valuable inputs.
The above is related to Maharashtra state, society is tenant co-partnership type (flat).
