By-laws related to members,their rights,responsibilities and liabilities
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By-laws related to members, their rights, responsibilities and liabilities
Date:15 Oct 2019
By-laws related to MEMBERS, THEIR RIGHTS, RESPONSIBILITIES AND LIABILITIES

The state government has predefined by-laws, these are a set of rules and regulations that help in clarifying queries related to membership in housing society. Various scenarios are covered in the by-laws that will help people understand it properly.

By-Law No 16.

The Membership of the Society will be from Members, Associate Members and Nominal Members.

(B) Eligibility for Membership: By-Law No 17, 18

By- Law No 17(a) Eligibility for Membership of the Society

No individual shall be known as a Member of a Society, except-

  1. Individual who is capable under the Indian Contract Act, 2;
  2. 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;
  3. Society registered, or Deemed to be Registered, under the Act;
  4. the State Government or the Central Government;
  5. Local Authority;
  6. Public Trust registered under any Law for the time being in force for the registration of such trusts;

By- Law No 17(b) Eligibility of Minor or a Person of unsound mind for Membership of the Society

The By-law No. 17-b clarifies about minor or a person of unsound mind, who has inherited shares. These people are eligible for membership through his guardian or legal representative on an application in the mentioned form. Undertakings/declarations, in the prescribed forms, mentioned in the application is also required.

By- Law No 17(c) Admission of person to society's membership

Admission of a person to Membership of the Society directly or as a result of Transfer of Shares by the existing Member, in the capital/property, of the Society, will be based on receipt of approval of the concerned Authorities like Collector of the District.  

Bye Law No 18. Eligibility of Corporate Bodies for Membership of the Society

Membership of the society is eligible for

Firm registered under the Indian Partnership Act, 1932,

Company registered under Indian Companies Act, 1949,

Society registered under the Societies Registration Act. 1860

Co-operative Society registered under the Maharashtra Co-op. Societies Act, 1960,

Local Authority, the State/Central Government,

However, members would be eligible and regulated based on the notifications issued by the State Government under the Second Provision to Section 22 of the Act.