Chapter XIII-B/154B-10
Section 154B-10Registration, membership & transfer

Rights and duties of Member

Section 154B-10, Maharashtra Co-operative Societies Act, 1960

This chapter is in force. The 2019 Ordinance was a temporary law under article 213 of the Constitution and was replaced by the Maharashtra Co-operative Societies (Amendment) Act, 2019, which re-enacted Chapter XIII-B in the same terms. When citing this provision in a notice, application or plaint, cite it as a section of the Maharashtra Co-operative Societies Act, 1960 — not as a section of the Ordinance.

In short

Every allottee must be issued a certificate of allotment under the society's seal. A member acquires no title until the specified payment is made. A defaulter cannot be appointed, nominated, elected or co-opted to the committee. Members must pay dues on time and must vacate the flat when required for a redevelopment decided in general meeting. An associate member may contest committee elections with the member's prior written consent.

Official Text
(1) A Member shall be entitle to exercise such rights as provided under this Act, rules and bye-laws. (2) Every Member of a housing society, whether registered before or after the commencement of the Maharashtra Co-operative Societies (Amendment) Ordinance, 2019, to whom plot of land or dwelling units have been allotted, shall be issued certificate of allotment by the co-operative housing society under its seal and signature in such form as may be prescribed. Subject to the provisions of the Transfer of Property Act, 1882 or the Registration Act, 1908, any allotment (including re-allotment), of a plot of land or dwelling unit in a building of a co-operative housing society to its Member as per terms of allotment shall entitle such Member to hold such plot of land or dwelling unit with such title, right and interest, as the case may be. (3) Except when there is a contract to the contrary, a Member of co- operative housing society shall not be entitle to any title or interest in any plot of land or dwelling unit in a building of a co-operative housing society until he has made such payment as may be specified by the co-operative housing society towards the cost of such plot of land or, construction of such dwelling unit, as the case may be, to the co-operative housing society. (4) No Member shall be eligible for being appointed, nominated, elected, co-opted or for being a Member of a Committee, if he is a defaulter of the society. (5) (i) It shall be the duty of the Member of the society to pay the dues of the society within time as decided by society in its general meeting. (ii) Member shall vacate the flat when required for redevelopment of the building or buildings of the society as decided in its general meeting. (iii) Member shall perform his duties as provided in this Act, rules and bye-laws. (6) The Associate Member shall have right to contest the election to the Committee with prior written consent of a Member. (7) Any action contemplated against the original Member in the Act shall be applicable to such an Associate Member.

Source: Maharashtra Government Gazette, Extraordinary Part VIII, No. 21, 9 March 2019 — the authorised English translation published under article 348(3) of the Constitution. The Marathi on this page is our summary, not an official translation.

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Section 154B-10 — Rights and duties of Member | MCS Act 1960 Chapter XIII-B | SocietySeWA