By Legal Bureau
A Firm, Company or Other Body Corporate, registered any Law for the time being in force, and which is eligible for the membership of a society shall comply with the following conditions:-1.It has sent a agreement entered into by it with the Promoter Builder under section 4 of the Maharashtra Ownership Flats Act, 1963 ( This condition is applicable to flat owner society). 2.It has sent along with it’s application for membership another application in the prescribed form nominal membership of it’s employee who is going to occupy the flat on it’s behalf. The application should also accompany a certified true copy of the authority authorizing the employee to occupy the flat on it’s behalf. 3.It has paid alongwith the application an entrance fee of Rs.10. 4.It has subscribed to at least ten fully paid up share of the society (In case of flat owner society) (and at least five fully paid-up shares in case of open plot type of society). 5.The firm or the company has complied with the conditions mentioned in the Notifications issued by the State Government from time to time under the second proviso to section 22 of the Maharashtra Co-operative Societies Act, 1960. 6.The firm of the company has furnished the undertaking/declarations in the prescribed form required under any law for the time being in force alongwith the application for membership.
Form
The Form of Application for Membership of the Co-operative Housing Society by A Firm a Company or any other Body Corporate.
To
The Secretary/Chief Promoter
Sir,
We,/M/s. ………………………….. having address at ………………hereby make an application for membership of the …………………Co-operative Housing Society Ltd. (Proposed), having address at………………………..
We send herewith an amount of Rs.510 (Rupees Five hundred and ten only), being the value of 10 shares of Rs. 50 each and entrance fee of Rs. 10/-.
Shri / Shrimati……………………………… has been authorised by us to sign the application for membership of the society on our behalf and furnish such information as is needed by you for the purpose of consideration of our application for admission to the membership of the society. A true copy of the authority is enclosed for your record.
We have purchased………………………….flats in the building/buildings known/numbered as ……………….. Constructed by the Promoter (Builder), for housing our following bonafide employees viz.—
1. Shri/Smt. ………………………………
2. Shri/Smt……………………………….
3. Shri/Smt……………………………….
4. Shri/Smt……………………………….
5. Shri/Smt……………………………….
We will not allow any other employee to occupy any of the flats purchased by us without the previous permission of the society.
We undertake to use the said flat/flats for the purpose mentioned in the letter to be issued to us, under the bye-laws No.78(a) of the bye-laws of the society and further add that no change of users will be made without the previous consent in writing of the committee off the society. The undertaking to that effect in the prescribed form is enclosed herewith.
The undertaking and the declaration in the prescribed forms about registration of the proposed acquisition of right over the flat, under Section 269AB of the Income tax Act and about non-holding of immoveable property in excess of 500 sq. mtrs. under the Urban Land (Ceiling and Regulation) Act are also enclosed.
Our Head Office is situated in the area of operation of the society, where we are carrying on our business.
The aims and objects of our firm/company are not contrary to those of the society.
We have gone through the registered/ proposed bye-laws of the society and the notifications issued by the Government form time to time under section 22 of the Maharashtra Co-op. Societies Act, 1960, regulating membership of corporate bodies, and we undertake to abide by the same with any modifications that the Registering Authority/Government respectively may take in them.
FOR AND ON BEHALF OF THE
(Signature of the Applicant)
……………………………………..
Place ………………………..
Date …………………………
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DRAFT SPECIMEN OF THE MANAGING COMMITTEE RESOLUTIONS.
1. Resolution of the Committee convening the annual general meeting.
Resolved that the annual general meeting of the Society be convened for the year……………on ………………..day of …………………..199………..at …………….p.m, at………………..and that the secretary be and is hereby authorised to issue notices in respect thereof.
2. Approval of the report of the Managing Committee and Annual Accounts. (a) Resolved that draft report of the Committee for the year ended 30th June 199 be approved, including the recommendation for the payment of a dividend on the shares of …………….. per cent and the same by place before the annual general meeting. (b) Resolved that the statements of accounts for the year ended 30th June 199 together with the audited balance sheet and profit and loss account are hereby approved and the same be signed by ……………..on behalf of the Committee and that the report of the Committee be signed by the Chairman on behalf of the Committee. 3. Opening at Bank Account: Resolved that an Account be opened with the …………..Bank in their Branch at ……………in the name of the society, and that said bank be authorised to pay cheques, signed by any one of the following members of the Committee and countersigned by the Secretary whose specimen signatures have been furnished to the Bank in appropriate forms. 4. Admission of New Members: Resolved that the following persons be and are hereby admitted to the membership of the society subject to the provisions of the bye-laws of the society and that shares of the society have been allotted to them as shown against their names and that the Secretary is to inform them about admission to the membership as well as allotment of shares. 5.Appointment of a Sub-Committee: Resolved that the following members of the Committee be and hereby appointed to constitute a sub-committee to enquire into and review the working and general management of the society and recommend the mean for reducing the operating expenses and improving its working. 6. Appointment of a Manager: Resolved that Mr…………………………be and is hereby appointed manager for a period of …………..years from ……………..at a salary of Rs………….per month in the scale of Rs……………..plus usual allowances applicable subject to his signing an agreement/bond in respect of terms of his service. 7.Reference of dispute to arbitration: Whereas the following members of the society have defaulted the payment of the dues of the society in respect of the loans advanced to them and that in spite of several notices given fro the repayment of the principal as well as interest outstanding against them as per the books of the society for arbitration under section……………..of the co-operative societies act to the Registrar for the recovery of the entire claim together with interest till the date of recovery.
Resolution Passed in the General body whether challengeable?—Simply because of the General Body of a society passes resolution, itself can be said to be legal, proper, unchallengable even in a Court of Law is not true. Every action of an individual or a body corporate can be subject matter for challenge in Court of Law. Therefore, the action of the General Body has to be tested on the aspects of its validity, and reprehensibility against the person who challenged this (K.M. Abraham Vs. The Rupal Premises Co-operative Housing Society Ltd., Bombay, 1987 CTJ 757.
