CHS Model Byelaws Chapter VII : Members, their rights, responsibilities and liabilities

I. MEMBERSHIP

( A ) Classes of Members

16.

The Membership of the Society shall consist of (i) Members, including Associate Members and (ii) Nominal Members.

( B ) Eligibility for Membership

17.

a. No individual shall be admitted as a Member of a Society except the following that is to say –

  1. Individual who is competent to contract under the Indian Contract Act, 1872;
  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;
  3. a Society registered, or Deemed to be Registered, under the Act;
  4. the State Government or the Central Government;
  5. a Local Authority;
  6. a Public Trust registered under any Law for the time being in force for the registration of such trusts;
  7. 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.

c. 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.

18.

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 Proviso 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

II – Rights and Duties of Members

(A) Rights of Members
( B ) Getting Copy of the Bye-laws, Audit Report & Inspection of Books & Records and getting copies thereof
( C ) Occupation of Flats
( D ) Restrictions on Rights of Associate and Nominal Members
(E) Resignation of Membership
(G) Nomination by Members
(H) Transfer of Shares and interest in the Capital/Property of the Society.
(I) Exchange of Flats
(J)Sub-letting etc. of Flats