News

Procedure for Admission of new members into a housing society

Real Estate and Property Law Housing Society Law

Posted by Aditya Pratap Law Offices on 09 May 24


<
                                ?php echo htmlentities($row['posttitle']); ?>

 

Introduction:

For a housing society to remain vibrant and sustainable, the process of admitting new members is essential. Under the guidelines of the Maharashtra Co-operative Societies Act 1960 and the rules that follow, this procedure ensures an effortless incorporation of new members into the cooperative community while acknowledging the law and ethical principles. From the submission of applications to the final registration with the Registrar of Co-operative Societies, the procedure for admission requires careful steps. The entire process is intended to promote openness, equity, and diversity—all of which are critical for creating a stable and prosperous housing community.

The handbook outlines the entire process for granting new members, including essential legal clauses, managerial duties, and industry best practices. Housing societies can ease the transition for new members by following these guidelines, enhancing the social framework and maintaining the cooperative mentality for future generations.

The procedure for admitting new members into a housing society under the Maharashtra Co-operative Societies Act 1960 as follows:

1. Eligibility Criteria:

Section 22 of the Maharashtra Co-operative Societies Act 1960.

This section outlines the eligibility criteria for membership in a co-operative housing society. It typically includes being of sound mind, not being convicted of any offense involving moral turpitude, and fulfilling any other criteria specified by the society's bylaws.

2. Approval by Registrar of Co-operative Societies:

Under Section 23 of the Maharashtra Co-operative Societies Act 1960.

Section 23 mandates the housing society to obtain approval from the Registrar of Co-operative Societies for admitting new members. The Registrar would give his verdict within 15 days of receiving such an application from the member. The Registrar may conduct further scrutiny before granting approval.

3. Submission of Application:

As per the Rule 25 of the Maharashtra Co-operative Societies Rules 1961.

Rule 25 talks about Nomination of persons and also provides the procedure for applying for membership in a co-operative housing society. It requires prospective members to submit a formal application to the society's managing committee.

4. Scrutiny by the Managing Committee:

Rule 25(2) of the Maharashtra Co-operative Societies Rules 1961.

Rule 25(2) mandates the managing committee to scrutinize the applications to ensure they are complete and comply with the requirements of the Act and Rules.

5. Publication of List of Applicants:

As per the Rule 25(3) of the Maharashtra Co-operative Societies Rules 1961.

Rule 25(3) requires the managing committee to publish a list of applicants along with their details, allowing members of the society to raise objections or concerns regarding the eligibility of the applicants.

A member can nominate by signed document or statement, deposited or attested respectively. Revocation or variation is allowed. In case of no nomination, society invites claims or objections upon member's death. After due inquiry, the committee determines the heir or legal representative for share transfer under Section 30.

6. Consideration by the General Body:

Under Section 24 of the Maharashtra Co-operative Societies Act 1960.

Section 24 provides for the consideration of new membership applications at a general body meeting of the housing society. The general body may approve or reject the applications based on the recommendations of the managing committee.

7. Issuance of Membership Certificates:

As per the Rule 25(5) of the Maharashtra Co-operative Societies Rules 1961.

Rule 25(5) requires the housing society to issue membership certificates to the new members once approval is received from the Registrar of Co-operative Societies.

8. Payment of Membership Fees:

As per the society's bylaws, in accordance with the Act and Rules.

9. Registration of New Members:

Under Section 23 of the Maharashtra Co-operative Societies Act 1960.

Section 23 mandates the housing society to register the new members with the Registrar of Co-operative Societies after obtaining approval.

10. Orientation and Welcome of the New Member:

Not explicitly mentioned in the Act or Rules but considered a good practice for integrating new members into the society.

 

 

Conclusion:

Transparency, lawfulness, and inclusivity in housing societies are guaranteed by the admissions procedure established by the Maharashtra Co-operative Societies Act 1960. Societies promote unity within communities and uphold democratic principles by complying with the provisions of the Act. Every stage, from reviewing the application to granting Registrar approval, upholds equity and legal compliance. This systematic approach promotes a cooperative spirit while also making it easier for new members to integrate smoothly. In the end, housing societies that adhere to this process establish a strong foundation for long-term development and communal well-being, guaranteeing the survival of the cooperative movement in Maharashtra.

 

Aditya Pratap Law Offices ~Aditya Pratap Law Offices