Forced membership or not ...
tdeli
(Querist) 09 March 2013
This query is : Resolved
A Welfare Society was registered under Societies Registration Act in Delhi of an industrial area and in the Rules and Regulations of the Society the membership clause said -
All the owners of factories in this area SHALL be members of the society.
My ques. are-
1. Can a membership of a society be compulsory due to ownership of a plot in certain area or not or do the members have constitutional rights and have a choice to be members of a society or not as there is always a resignation clause.
2.Does giving of subscription is deemed to be enrollment of the society even when no membership enrollment was done and neither eligibility of the membership checked as many non owners also paid subscription and voted.Even the membeship was not passed by Governing Body.
3.The validity of such managing Committees formed where eligibility clause not taken care and everyone whether eligible or non eligible voted.
To my knowledge subscription for basic facilities provided in a certain area and membership are 2 separate issues and membership requires eligibility which has to be checked with ownership documents ...
Thanks ...
Devajyoti Barman
(Expert) 10 March 2013
If the local law does not make membership a compulsory one, then one need not become its member.
But I believe the non members would be deprived of certain benefits which the members must have been enjoying.
prabhakar singh
(Expert) 10 March 2013
1.No society registered under societies registration Act can force any by it's buy laws or rules to become it's member.However it can lay who can be it's member?That is to say qualification of a member.Then here rule says that only those who own factories in area can be it's member and not every body.To this extent the rule is valid.
Just think for illustration,if i own a factory in the area but do not choose to become it's member,what can they do?Nothing!
2.My answer is in negative.
3.It can be put as objection before the registrar.
tdeli
(Querist) 10 March 2013
There qualification laws to membership said - Every owner of factory SHALL be member of the society .
No membership enrollment was made but subscription collected and voting done.
Does paying subscription deemed that i agreed to the bye laws of the society and i became a member.
Recently i received a membership enrollment form after 4 years of running of this society and i duly applied for it, Will the date of my enrollment now.
What will be the status of the previous elections as i know even few tenants had become office bearers who were not qualified to become members..
Thanks ...
Raj Kumar Makkad
(Expert) 10 March 2013
Providing subscription clearly means that you do admit the bye-laws of the society and after understanding all ifs and buts have chosen to become its member as membership can never be a compulsion in a society.
Your date of enrollment shall be from initial date.
You had to take part in elections at the relevant time and now you have no other option but to accept the office bearers chosen by other active members till their term gets ended.
tdeli
(Querist) 10 March 2013
Then why the new enrollment form is introduced now after 3 years, will this be the date of enrollment or the previous one.
New elections are around the corner for which they did the enrollment and the new Register of Membership is again not the basis but old membership register is the basis. I dont underestand the purpose of the new enrollment.
Prior to the current enrollment even some Office Bearers were not eligible to membership.
Now can we request the Registrar to appoint Election Officer as there is no clarity to the members and eligibilty of members.
prabhakar singh
(Expert) 10 March 2013
i am not obliged to speak when i have given my answer already.
Ask others.
tdeli
(Querist) 10 March 2013
Two diff opinions arise now...
