Cessation of Membership
1. To whom a member who is removed from the membership by the society has to give passion of his flat by vacating it?
Ans: A member who removed from the society formally, such a member could not continue his stay in his flat. And he has to make an arrangement to give passion of the flat to the secretary of the society without any complaint and hindrance in the period decided by the committee by vacating the flat. If he fail to do that than he is eligible for expulsion.
2. What is the procedure to expel the member from the co. operative housing societies?
Ans.: The society may initiate action as prescribed under section 35 of the Maharashtra co. operative societies Act 1960. After registrar given approval for appellation, the society may take possession of the galas.
3. Can the member who has been expelled from the membership of the Society be eligible for re-admission in the Society?
Ans: A member of the Society, who has been expelled from the membership, will not be eligible for re-admission to membership in the society, until expiry of the period of one year from the date of his expulsion. However, if the expelled member is recommended in the meetings of the general body of the Society, he may be readmitted to its membership, as a special case, before the expiry of the period of one year, with the prior permission of the Registering Authority.
4. What happens to the shares of a member who is expelled from the membership of the Society?
Ans: In case of expulsion from the membership of a Society, it involves forfeiture of the shares held by the member. Where the Committee decides that expulsion from membership should also involve forfeiture of the shares, it has to make necessary reference to the proposed forfeiture of the shares in the notice to be issued under Rule 29 of the MCS Rules, 1961.
5. What is the effect of expulsion of the member on the membership of the society?
Ans: A member, who has been duly expelled from membership of the Society, ceases to be the member of the society, with effect from the date on which the resolution of expulsion from the membership of the Society is approved by the Registering Authority. The forfeiture of the shares takes effect simultaneously with the expulsion of the membership.
6. What are the circumstances under which a Sub-lettee, Licensee or Caretaker ceases to be the nominal member of the Society?
Ans: The nominal member, who is a sub-lettee, licensee or care taker or possessor in any other manner of the flat or the part thereof, shall cease to be such member of the Society in the following circumstances:
(i) On his death;
(ii) On his resignation having been accepted by the Committee;
(iii) On the cessation of the membership of the original member;
(iv) On the expiry of the period for which the flat or part thereof was permitted to be sub-let, given on leave and licence or care-taker basis.
Note: The words “original member” used in the by-laws Nos. 57, 58, 59 and 60 mean the member, with whom the associate member held the shares of the society jointly, the Firm, the Company or any other Body Corporate, on whose behalf the nominal member occupies flat in the society’s building or the member who has been permitted to sub-let, give on leave and license or caretaker basis his flat or part thereof or part with its possession in any other manner.
7. What is a remedy to take passion of the gala by the society which is in the passion of expelled member?
Ans: The society can take action under bye-laws no 69 and as answer given on above question.
8. What will be the action taken by the Committee in cases of cessation of membership of the Society?
Ans: The Committee has to record the facts of cessation of Members’ membership of the Society under the Bye-law No. 57 and of Associate and Nominal members’ membership respectively under the Bye-law Nos. 58, 59 and 60, in the minutes of its meetings and accordingly the Secretary of the Society has to inform the concerned members in writing within seven days from the date of such decision of the Committee.
9. What are the circumstances under which the person occupying the flat on behalf of the firm/company ceases to be the nominal member of the Society?
Ans: If there is a nominal member, who is occupying the flat on behalf of the firm, company or any other body corporate, he shall cease to be such member of the Society in the following circumstances:
(i) On his death,
(ii) On the acceptance of his resignation by the Committee,
(iii) On the cessation of membership of the original member on whose behalf he occupies the flat in the Society,
(iv) On the cessation of his nomination on account of expulsion of the original member,
(v) On intimation from the original member of termination of the occupant’s nomination.
The Committee shall take further action in the matter as indicated in the bye-law no.61.
10. What are the circumstances under which a person ceases to be a member of the society?
Ans: The person shall cease to be the member of the Society in the following circumstances:
(i) On his resignation from membership of the Society having been accepted by the Committee.
(ii) On transfer of all his shares and interest in the capital/property of the Society.
(iii) On his death.
(iv) On his expulsion from the membership of the Society.
(v) On being adjudged as an insolvent or legally disabled from continuing as member.
(vi) If the whereabouts of the member are not known for continuous seven years and if his shares and interest in the property/capital of the society is not claimed by anybody else.
(vii) On the cessation of right/title and interest as a member in the property of the Society by way of legal attachment or sale.
The committee shall take further action in the matter as indicated in the Bye-law No. 61.
11. What are the circumstances under which the person will cease to be an Associate member of the Society?
Ans: The person will cease to be an Associate member of the Society when the original member ceases to be the member of the Society or on the death of the Associate member or on the acceptance of resignation from the Associate member by the Committee. The Committee takes further action in the matter as indicated in the Bye-law No. 61.