VII. MEMBERS, THEIR RIGHTS, RESPONSIBILITY AND LIABILITIES
I. MEMBERSHIP
(A) Classes of Members: Bye Law No 16
Bye Law No 16.
The Membership of the Society shall consist of (i) Members, including Associate Members and (ii) Nominal Members.
(B) Eligibility for Membership: Bye Law No 17, 18
No Member shall, without the previous permission of the Committee in writing, make any additions to or alterations in his flat.
Bye Law No 17(a) Eligibility for Membership of the Society
No individual shall be admitted as a Member of a Society except the following that is to say –
- Individual who is competent to contract under the Indian Contract Act, 2;
- a Firm, Company or any other Body Corporate constituted under any Law for the time being in force, or a Society registered under the Societies Registration Act, 1860;
- a Society registered, or Deemed to be Registered, under the Act;
- the State Government or the Central Government;
- a Local Authority;
- a Public Trust registered under any Law for the time being in force for the registration of such trusts;
Bye Law No 17(b) Eligibility of Minor or a Person of unsound mind for Membership of the Society
A minor or a person of unsound mind, inheriting shares and/or interest of the deceased Member in the capital/property of the Society, or if nominated may be eligible for admission to Membership of the Society through his guardian or legal representative on an application in the prescribed form, along with undertakings / declarations, in the prescribed forms, mentioned in the application.
Bye Law No 17(c) Admission of person to society's membership subject to the collector's approval
Notwithstanding anything contained in these bye-laws, admission of a person to Membership of the Society directly or as a result of Transfer of Shares and interest of the existing Member, in the capital/property, of the Society, shall be subject to the approval of the concerned Competent Authorities such as Collector of the District and the land grant terms as applicable, (provided if the Society has been given land by Government/CIDCO/MHADA/SRA” or any other authority)
Note (1): “Family” means as defined under Bye law No. 3 (xxv)
Note (2): Signatories to the application for Registration of the Society shall be Deemed to be the Members of the Society after its Registration.
Note (3): The number of Members in the Society shall be limited to the number of Flats/ Units constructed in the building/buildings. It shall be binding on the committee to restrict the Members to the extent of the number of Flats/Units in the Society.
Bye Law No 18. Eligibility of Corporate Bodies for Membership of the Society
A Firm registered under the Indian Partnership Act, 1932, a Company registered under “the Indian Companies Act, 1949, a Society registered under the Societies Registration Act. 1860 or a Co-operative Society registered or deemed to be registered under the Maharashtra Co-op. Societies Act, 1960, a Local Authority, the State/Central Government, a Public Trust or any other Body Corporate, registered under the law for the time being in force, as provided under Section 22(1) (b), (c), (d), (e) and (f) of the Act may be eligible for admission to Membership of the Society. However, admission of Firms and Companies to Membership of the Society and holding of flats by them shall be regulated in accordance with the notifications issued by the State Government from time to time under the Second Provision to Section 22 of the Act.
Note: For existing terms and conditions of the Government Notification referred to above, see Annexure to these bye-laws.
(C) Conditions for Membership: Bye Law No 19, 20, 21
Bye Law No 19(a) Conditions for Individuals desiring to be Member of the Society
An individual / applicant who is eligible to be the Member and who has applied for Membership of the Society in the prescribed form, may admitted as Member by the Committee on complying with the following conditions :-
- applicant has fully tendered the value of at least Ten shares of the Society, along with his Application for Membership;
- applicant has paid the Entrance Fee of Rs. 100/-, along with the Application for Membership;
- applicant has submitted the application as prescribed, of the particulars in regard to any house, plot or flat owned by him or any of the Members of his family, anywhere in the area of operation of the Society;
- applicant has submitted undertaking in the prescribed form to the effect that he shall use the flat / unit for the purpose for which it was purchased by him;
- applicant has furnished an undertaking in the prescribed form, if he / she has no independent source of income;
- applicant has submitted, along with the application for Membership of the Society, a certified copy of the agreement, duly stamped and registered entered into by him / her/ them with the Promoter Builder or Transferor under Section 4 of the Maharashtra Ownership of Flats Act;
- applicant has furnished such other undertakings/declarations, in the prescribed forms as are required under any law for the time being in force and such other information as is required under the Bye-laws of the Society along with the application for Membership.
- In case of Societies registered under the jurisdiction of special planning Authority like CIDCO / MHADA / SRA / MMRDA etc. the applicant should be eligible person as per the provision of respective Act and the directives of the Govt. / the Planning Authorities, if any.
Note: The conditions at (iii), (iv), (v), and (vii) above shall not be applicable to the Promoter Builder, applying for Membership of the Society, in respect of the unsold flats.
Bye Law No 19(b) Conditions of associate membership of the Society
An Individual, a Firm, a Company or a Body Corporate, registered under any Law for the time being in force, who/ which is eligible to be an Associate Member and who/which shall apply through Member in the prescribed form for such Membership, along with the entrance fee of Rs. 100/-, may be admitted as Associate Member by the Committee.
Bye Law No 19(c) Conditions for Membership for Corporate bodies desiring to become Society
A Firm, Company or any other Body Corporate, registered under any law for the time being in force, which is eligible to be a Member of the Society and has made an application for Membership of the Society in the prescribed form may be admitted as a Member by the Committee of the Society on complying with the following conditions:-
- applicant has sent, along with application for Membership of the Society, a certified copy of the agreement duly stamped entered into by it, with the Promoter(Builder) or transferor under Section 4 of the Ownership Flats Act.1963,with certified copy of resolution of the firm or company as the case may, authorizing to sign the application.
- applicant has paid, along with application for Membership, full value of at least 10 shares and entrance fee of Rs. 100/-.
- applicant has complied with the conditions mentioned in the notifications, issued by the State Government, from time to time, under the Second Proviso to Section 22 of the Act.
- applicant has furnished the undertakings / declarations in the prescribed forms required under any law for the time being in force along with the application for Membership.
Note: The conditions at (i) and (iii) shall not be applicable to the firm/ company of the Promoter Builder, applying for Membership of the Society in respect of the unsold flats.
Bye Law No 20. Conditions for Nominal Membership of the Society
A sublettee, a licensee, a care-taker, or occupant who is eligible to be a Nominal Member and who shall apply through Member for such Membership in the prescribed form applicable, along with entrance fee of Rs. 100/- may be admitted as Nominal Member by the Committee.
Bye Law No 21. Procedure for disposal of Membership Applications
The procedure for disposal of Application for Membership of the Society, as laid under the bye-law No. 65 (a) to (g) shall be followed by the Secretary and the Committee of the Society.