Housing Society Bye-laws are the rules and regulations laid down for the proper and peaceful running of the co-operative housing societies. Co-operative society bye-laws are approved by the government authorities and are formed with the intention to help the societies self-regulate themselves.
MODEL BYE-LAWS OF COOPERATIVE HOUSING SOCIETY
VII. MEMBERS, THEIR RIGHTS, RESPONSIBILITIES AND LIABILITIES
I. MEMBERSHIP
(B) Eligibility for Membership: Bye Law No 18
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 Maharashtra Cooperative Societies Act 1960,
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.
The Maharashtra Cooperative Societies Act 1960
Section 22 – Person who may become member
(1) Subject to the provisions of section 24, no person shall be admitted as a member of a society except the following, that is to say–
(a)an individual, who is competent to contract under the Indian Contract Act, 1872;
(b)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;
(c)a society registered, or deemed to be registered, under this Act;
(d) the State Government or the Central Government;
(e) a local authority;
(f) as public trust registered under any law for the time being in force for the registration of such trusts;
Provided that, the provisions of clause (a) shall not apply to an individual seeking admission to a society exclusively formed for the benefit of students of a school or college:
Provided further that, subject to such terms and conditions as may be laid down by the State Government by general or special order, a firm or company may be admitted as a member only of society which is a federal or urban society or which conducts or intends to conduct an industrial undertaking:
Provided also that, any firm or company, which is immediately before the commencement of this Act, a member of a society deemed to be registered under this Act,shall have,subject to the other provisions of this Act, the right to continue to be such member on and after such commencement.
Explanation.–For the purpose of this section “an urban society”means a society the business of which mainly falls within the limits of a municipal corporation, municipality, cantonment or notified area committee.
(1A) Notwithstanding anything contained in sub-section (1), the State Government may, having regard to the fact that the interest of any person or class of persons conflicts or is likely to conflict with the objects of any society or class or societies, by general or special order, published in the Official Gazette, declare that any person or class of persons engaged in or carrying on any profession, business or employment shall be disqualified from being admitted, or for continuing, as members or shall be eligible for membership only to a limited extent of any specified society or class of societies, so long as such person or persons are engaged in or carry on that profession, business or employment [as the case may be; and the question whether a person is or is not so engaged in or carrying on any profession, business or employment or whether a person belongs or does not belong to such class of persons as declared under this subsection and has or has not incurred a disqualification under this subsection shall be decided by the Registrar under section 11].
(1B) Notwithstanding anything contained in sub-section (1), where the Registrar has decided under section 11 that a person has incurred a disqualification under subsection(1A), the Registrar or the person not below the rank of District Deputy Registrar of Co-operative Societies, authorized by him in this behalf, may, by order, remove such person from the membership of the society; and such person shall cease to be a member of the society on expiration of a period of one month from the date of receipt of such order by him.
(2) Where a person is refused admission as a member of a society, the decision (with the reasons therefore) shall be communicated to that person within fifteen days of the date of the decision, or within three months [from the date of receipt of the application for admission, whichever is earlier. If the society does not communicate any decision to the applicant within three months from the date of receipt of such application the applicant shall be deemed to have been [admitted] as a member of the society.] [If any question arises whether a person has become a deemed member or otherwise, the same shall be decided by the Registrar after giving a reasonable opportunity of being heard to all the concerned parties.]
Section 11 – Power of Registrar to decide certain questions
When, [* * * * *] any question arises whether a person is an agriculturist or not, or whether any person resides in the area of operation of the society or not,
or whether a person is or is not engaged in or carrying on any profession, business or employment, or whether a person belongs or does not belong to such class of persons as declared under sub-section (1A) of section 22 and has or has not incurred a disqualification under that sub-section, such question shall be decided by the Registrar [and his decision shall be final, but no decision adverse to any such person shall be given without giving him an opportunity of being heard.]
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