Thursday 18 August 2011

MEMBERSHIP


MEMBER

The following are the 3 type of membership in co-op. housing society

1.ORIGINAL MEMBER-

A member in a co-op. society is a person / corporate body / public trust joining for the registration of a co-op. society which is subsequently registered or a person / corporate body / public trust admitted as a member after registration. Specimem copy of application for membership by an individual is given in Appendix-3 in Bye-Laws. .[under the Bye-law No.19[b]and 66[v]].Specimen copy of application by a corporate body is given in appendix-6 in Bye-Laws.[under the Bye-law No.19[c]].

2.ASSOCIATE MEMBER-

When the shares in a co-op. society are held jointly by more than one person,the person whose name dose not stand first in the share certificate is an associate member. An associate member does not have the rights or privileges of a member except that he/she will have the right to vote when the person whose name stands first in the share certificate is absent. However as per new Bye-Laws approved by Registrar on 02/07/2011 and  27/02/2009 .If the property is purchased jointly by a member and associate member, the right of associate member are not affected when the member dies. On the death of a member,only that portion of the shares held by a member is transferred to the nominee and the portion of the property held by associate member,if any remains intact.
A person who desires to become an associate member of a co-op. housing society must apply to the society and pay membership fee of Rs. 100/-.When the member ceases to be a member of the society,associate membership also ceases subject to what is stated hereinabove. After the shares are transferred to any other person, fresh application for associate membership has to made. Specimem copy of application for associate membership by an individual is given in Appendix-7 or Appendix-8 in Bye-Laws. .[under the Bye-law No.19[b]and 19[c]].Specimen copy of application by a corporate body is given in appendix- 9 or Appendix-10 in Bye-Laws.[under the Bye-law No.19[b]].

3.NOMINAL MEMBER-

A nominal member is a person admitted to the membership as a nominal member after registration. Usually, when a member sublets his flat with the permission of society, the sub-lettee can be admitted as a nominal member. Similarly when a flat in a co-op.hosing society is occupied by a person on behalf of firm or company, the person occupying the flat on behalf of firm or company is admitted as a nominal member. A nominal member has no voting rights and he/she will not be eligible to be elected as a member of the managing committee. Nominal membership is co-terminus with the membership of the concerned member. Specimem copy of application for  nominal membership [ by sub-lettee,licensee,caretaker etc  ] is given in Appendix-11 in Bye-Laws. .[under the Bye-law No.20 and 43[2][ii]].   


MINOR MEMBERSHIP

A minor or a person of unsound mind can become a member of a co-op. housing society through a gurdian.
A minor or a person of unsound mind who is admitted as a member of a society is entitled to exercise all the rights of a member through the guardian.

The society can not transfer the flat and shares having in the name of minor or a person of unsound mind unless the written order from Hon. Court. and also take legal opinion from advocate to check the ordercopy of court and other legal issue regarding this buying /selling  and transfer of the property of minor or a person of unsound mind  
The society can transfer the shares to nominee/legal heir, even if the nominee/legal heir is a minor. In such cases, application for membership of the society must be submitted by the guardian.  Specimem copy of application for membership by a nominee/legal heir,who is a minor is given in Appendix-2 in Bye-Laws. .[under the Bye-law No.17[b]].


CORPORATE BODY / FIRM / COMPANIES / CO-OP SOCIETY MEMBERSHIP-

A firm registered under the Indian Partnership Act , Company registered under the Companies Act , Society registered under the Societies  Registration Act, Co-op. society registered under the Maharashtra Co-op. Society Act, Local Authority, State / Central Government who registered under the relevent provision of law may be admitted as a member of a co-op. housing society but membership should not exceed 50% of the total membership of society.
However the membership of the firm/company etc is subject to the following conditions-
  1. An application for membership of the society has to be made by fim/companyetc. has to be signed by a person duly authorised in behalf by same along with stamp
  2. The firm/company. etc.should have its head office / branch office or carry on business within the area of operation of the society
  3. The firm/company. etc. should purchase at least 20 shares of the society
  4. The aims and objects of the firm/company. etc. should not be contray to thouse of the society
  5. The memorandum and articles of association should allow the compay to utilised its funds for provinding its employees with dwelling house. The firm/company. etc. must agree to pay out of its own funds the cost of dwelling house
  6. The firm/company. etc. must pay the whole or the proportionate cost of the construction and other charges to the society
The managing committee of the society should not consist of more than ¼ member of the firm/company. etc.. The remaining members of the managing committee should be individul member.
Specimen copy of application by a corporate body is given in appendix-6 in Bye-Laws.[under the Bye-law No.19[c]].

PUBLIC TRUEST AND HUF MEMBERSHIP-

Under Section 22[1][f] of the Act, a Public Trust can become a member of the housing society. However, a Family Trust cannot become a member of a co-op. housing society
Specimen copy of application by a Trust  is given in appendix-6 in Bye-Laws.[under the Bye-law No.19[c]].

List of persons eligible to become members of a co-op. housing society is give in section 22 of Maha. Co-op Housing Society Act. An HUF is not included in that list So HUF can not become member of society


Saturday 13 August 2011

IMPORTANCE OF MEMBERSHIP OF DIST. / TALUKA HOUSING SOCIETY FEDERATION

Immediately after its registration, society shall become a member of either District or Taluka Level  Co-operative Housing Society Federation and shall pay for yearly subscription, purchases shares as per Co-op Hsg. Soc. Bye-Law No-6.

District / Taluka Co-operative Housing Society Federation Working for Co-op. Hsg. Society and gives following services.
1. Federation has only authorised body to provides Model Bye-Law and all type of statutory records, forms, Bills books , Receipt book and other stationary related to housing society.
2. Federation works as Executive Recovery Officer Under Section 101 to make recovery from Members of the society as per Certificate of Recovery issued by Registrar of Co-operative Department.
3.Federation also provides various type of books for management of Co-operative Housing Society.
4.Federation also gives guidance to member of society for best management of Co-operative Housing Society.
5.If federation makes publication of any book it give to society
6.Federation conducts seminars from time to update Co-op. Hsg. Soc. management procedure

Each and every District there are Dist. Federation of Co-operative Housing Societies. Some taluka have taluka level Federation of Co-operative Housing Societies. You can get the address from DY./Asst. Registrar of Co-operative Department who give you registration certificate.

Friday 12 August 2011

M-20 BOND


 TO BE GIVEN ON RUPEES 100/- STAMP PAPER OR TO BE AFFIXED WITH ADHESIVE STAMP OF THE SAME DENOMINATION


M-20 BOND

I Shri / Smt._______________________________________________________
Age________ resident of ______________________________________________
have been elected on the Managing Committee of ________________Co. Op. Housing Society Ltd.for the period of 5 years i.e. From __________ To __________ . I have assumed office from __________

I declare today i.e. __________ that I shall be jointly And severally responsible for all the decisions taken by the Committee during its term relating to the business of the society and shall be jointly and severally responsible for all the acts and omissions detrimental to the interest of the society, as provided in section 73[IAB] of the Act .



Seal of the Society                                  Signature of the Managing Committee Member
                                                                             
                                                                             Sign -
                                                                            
                                                                             Name -

                                                                            Witness
Date -                                                                  Signature of the Election / Returning Officer

Place -                                                                 Sign -

                                                                            Name -