EXPULSION OF A MEMBER
By Vinod Sampat, Advocate
Posted on 14 Feb 2003
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A member may be
expelled from the membership of the Society if such a member.
i. Has persistently
dialed to pay the charge to the society.
ii. Has will fully
deceived the Society by giving false information.
iii. Has used his
flat for immoral purposes or misused it for illegal purposes habitually.
iv. Has been in the
habit of committing breaches of any of the provisions of the bye laws of the
society which in the opinion of the committee are of serious nature.
v. Has furnished
false information or omitted to furnish the material information to the
registering authority at the time of registration of the society.
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(a) The cases of
expulsion form the membership of the society shall be dealt within the manner
provided under section 35 of the act read with rules 28 and 29 of the rules.
(b) Expulsion form
the membership may involve forfeiture of the shares held by the member where the
committee decides that expulsion form membership should also involve forfeiture
of the shares it shall make necessary reference to the proposed for forfeiture
of the shares in the notice to be issued under ruels 29.
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The member duly
expelled from relationship of the Society shall cease to be a member of the
Society with effect from the date on which the resolution of expulsion for the
membership of the society is approved by the registered authority the
forfeiture of the shares shall take effect after the meeting of the general
body ahs so decided and the resolution of expulsion form the membership of the
society has been approved by the registering authority.
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The member who
has been duly expelled from the membership of the Society shall not be
entitled to continue in occupation of his flat and he shall arrange to
handover peaceful and vacant possession of his flat to the Secretary of the
Society within such period as the Committee may allow on his failure to do so
the shall be liable to be evicted form his flat.
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The shares if the
meeting of the general body of the Society has decided not to forfeit and
interest of the expelled member in the capital property of the society shall
be acquired by the Society and the value thereof shall be paid to the expelled
member within 3 months of his handing over possession of his flat or his
eviction from it after following the procedure as laid down the bye-law no.68
in respect of payment of the value of the share and interest in the capital
property of the Society acquired by the Society.
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No member of the
Society who has been expelled from its membership shall be eligible for
readmission to membership in this Society until expiry of the period of one
year from the date of this expulsion provided that on the recommendations of
the meeting of the general body of this Society the expelled member may be
readmitted to its membership as special case. Before the expiry of the period
of one year with the prior permission of the registering authority.
C) CESSATION OF
MEMBERSHIP
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The person shall
cease to be the member of the Society.
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On his
resignation form membership of the society having been accepted by the
committee.
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On transfer of
all his shares and interest in the capital property of the Society.
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On his death.
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On his expulsion
from the membership of the society.
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On being adjudged
as an insolvent or legally disabled form continuing as member.
The committee shall
take further action in the matter as indicated in the bye-law no.62a.
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The person shall
cease to be the associate member of the Society when the original member cease
to be the member of the Society or on the death of the associate member or on
the acceptance of the registration of the associate member by the committee.
The committee shall
take further action in the matter as indicated in the bye-law no.62a.
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If there is a
nominal member occupying the flat on behalf of the firm company or any other
body corporate he shall cease to be as such member of the society.
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on his death
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on the acceptance
of his resignation by the committee
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on cessation of
membership of the original member on whose behalf he occupies the flat in the
Society.
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on cessation of
his nomination on account of expulsion of the original member
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on intimation
from the original member of termination of the occupants nomination.
The committee shall take further action in the matter as
indicated in the bye law no.62a.
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The nominal
member who is the sub letter licensee or possessor in any other manner of the
flare or the part thereof shall cease to be as such member of the Society.
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on his death
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on his
resignation having been accepted by the committee.
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On the cessation
of the membership of the original member.
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On the expiry of
the period for which the flat or part thereof was permitted to be sub let
given on leave and license or caretaker basis or occupied in any other manner.
The committee shall take further action in the matter as
indicated in the bye law no 62a.
5 (A) the committee
shall record the facts of cession of original members membership of the Society
under the bye-law no.59 and of the associate and nominal member membership
respectively under the bye laws nos.60,61 and 62 in the minutes of its meeting
the Secretary of the Society shall end intimations of cessation of membership to
the members the associate members or the nominal members within 7 days of the
dates of the meetings of the committee in case in which.
The fact about
cessation of membership were recorded in case of cessation of associate and
nominal members membership similar intimations shall be sent to the original
member also.
D) RESTRICTIONS ON
HOLDIGN MORE THAN ONE FLAT.
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a) No individual
member of the Society shall be eligible to hold more than one flat in the area
of operation of the Society in his same or in the name of any of the members
of his family without the previous consent in writing of the committee of the
Society.
b) The member who desire to hold additional flat in the area of
operation of the Society in his name or in the name of any of the members of his
family shall make an application to the secretary of the Society in the
prescribed down giving full justification for holding the additional flat.
2. The procedure
for disposal of applications for permission to hold more than one flat as laid
down under the bye law no 67 shall be followed by the Secretary and the
Committee of the Society.
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