Model Bye–Laws of Cooperative Housing Society

VIII. RESPONSIBILITIES AND LIABILITIES OF MEMBERS

(C) Cessation of Membership (Bye Law No 55 to 59)

Bye Law No 55. Circumstances under which a person ceases to be a Member

The person shall cease to be the Member of the Society:
a. On his resignation from Membership of the Society having been accepted by the committee.
b. On transfer of all his shares and interest in the capital/property of the Society.
c. On his death.
d. On his expulsion from the Membership of the Society.
e. On being adjudged as an insolvent or legally disabled from continuing as Member.
f. If the whereabouts of the Member are not known for continuous seven years and if his shares & interest in the property/capital of the Society is not claimed by anybody else.
g. On cessation of right/title & interest of a Member in the property of the Society, by way of legal attachment or sale.
h. Any transfer if void as provided under bye law number 38 (d)

The Committee shall take further action in the matter as indicated in the bye-law No.61.

Bye Law No 56. Circumstances under which the person shall cease to be Associate Member

The person shall cease to be the Associate Member of the Society, when the Member, whose name stands first, ceases to be the Member of the Society or on the death of the Associate Member or on the acceptance of the resignation of the Associate Member by the Committee,

However the associate member shall not cease to be Associate Member when the First Member ceases to be the member of the society if Associate Member holds title and interest in the property jointly with the member.

The Committee shall take further action in the matter as indicated in the Bye-law No. 62.

Bye Law No 57. Circumstances under which the person occupying the flat onbehalf of the firm / company ceases to be the nominal Member

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:
a. On his death.
b. On the acceptance of his resignation by the Committee.
c. On cessation of Membership of the original Member on whose behalf he occupies the flat in the Society.
d. On cessation of his nomination on account of expulsion of the original Member.
e. 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.58.

Bye Law No 58.Circumstances under which a Sub lettee, licensee, caretaker ceases to be the nominal Member

The Nominal Member, who is the sublettee, licensee or care-taker or possessor in any other manner of the flat or the part thereof shall cease to be as such Member of the Society:

a. On his death.
b. On his resignation having been accepted by the Committee.
c. On the cessation of the Membership of the original Member.
d. 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 care-taker basis or occupied in any other manner.

Note: The words 'original Member' used in the bye-laws Nos. 55, 56, 57 and 58 mean the Member, with whom the Associate Member/s hold the shares of the Society jointly, the Firm, the Company or any other Body Corporate, on whose behalf the nominal Member occupies fiat in the Society's building or the Member who has been permitted to sub-let, give on leave and license or care-taker basis his flat or part thereof or part with its possession in any other manner. The Committee shall take further action in the matter as indicated in the bye-law No. 58.

Bye Law No 59. Action by the Committee on cases of cessation of Membership of the Society

The Committee shall record the facts of cessation of Members Membership of the Society under the bye-law No. 55 and of Associate and Nominal Member's Membership respectively under the bye-laws Nos. 56, 57 and 58, in the Minutes of its Meetings and accordingly the Secretary of the Society shall inform the concerned Members in writing within 7 days of the dates of such decision of the committee.

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