APPLICATION FOR ADMISSION TO MEMBERSHIP AND FOR TRANSFER OF SHARES AND INTEREST IN THE CAPITAL AND PROPERTY OF THE SOCIETY

Made under sections 22, 23 and 29 of the Maharashtra Co-operative Societies Act, 1960, Rule 24 of the Maharashtra Co-operative Societies Rules, 1961, and the registered bye-laws of the Society (bye-laws 17 to 19 and bye-law 38 of the Model Bye-laws, 2014).

To
The Hon. Secretary and the Members of the Managing Committee
__________
Registration No. __________
__________

Place: __________
Date: __________

Subject: Application by __________ for admission as a member of the Society, and for transfer of Share Certificate No. __________ presently standing in the name of __________, together with the interest in the capital and property of the Society attaching to Flat No. __________.

Dear Sir / Madam,

1. The applicant

1.1 I, __________, presently residing at __________, apply to be admitted as a member of the Society.

1.2 I may be reached on __________.

2. The flat and the shares

2.1 This application concerns Flat No. __________, in the building of the Society at __________ (the Flat).

2.2 The shares to be transferred are __________ fully paid-up shares bearing distinctive numbers __________, of the total face value of __________, comprised in Share Certificate No. __________ standing in the name of __________ (the Shares), together with the interest of the holder of the Shares in the capital and property of the Society attaching to the Flat.

3. Basis of the transfer

3.1 The transfer for which admission is sought arises from: __________.

4. Qualification for membership

4.1 I am competent to contract, of sound mind, and not disqualified from membership under section 22 of the Act or under the registered bye-laws of the Society.

4.2 I am not carrying on, and shall not carry on, any business or activity in conflict with, or in competition with, the business of the Society.

4.3 I hold no interest in the Flat adverse to the interest I have disclosed above, and I have disclosed the whole of the basis on which I claim.

5. Shares to be held

5.1 On admission I shall hold the Shares transferred to me, being not fewer than the minimum number of shares a member is required to hold under the bye-laws. I request the Society to endorse the transfer on Share Certificate No. __________ and to record my name in the register of members and in the share register.

5.2 I request that the Shares be transferred at their face value. I understand that the Society is not concerned with any price agreed between the outgoing member and me for the Flat, and that the Society's records reflect the face value of the Shares only.

6. Undertakings

On admission as a member I undertake:

• to be bound by the Maharashtra Co-operative Societies Act, 1960, the Rules made under it, and the registered bye-laws of the Society as they stand and as they may be amended from time to time;
• to pay every contribution and charge properly levied under the bye-laws — including maintenance and service charges, the sinking fund, the repair fund, municipal taxes, water charges and non-occupancy charges where they apply — on or before the due date;
• to use the Flat only for the purpose permitted by the bye-laws and by the sanctioned plan, and not to cause nuisance or annoyance to other members or occupants;
• not to carry out any structural alteration, or any work affecting the structure, elevation, common areas or services of the building, without the prior written permission of the Society and of the local authority, wherever such permission is required by law;
• to intimate the Society in writing before parting with possession of the Flat, whether on leave and licence, on tenancy, or otherwise, in the manner and within the time the bye-laws require;
• to keep the Society informed in writing of any change in my address, contact details, or in the occupancy of the Flat.

7. Dues, interest and recovery

7.1 I have called for and examined the position on dues in respect of the Flat, and I request the Society to issue its statement of dues and its no-dues certificate as at the date of transfer, so that responsibility for what is outstanding is fixed in writing before the transfer is recorded.

7.3 I acknowledge that dues not paid when due carry simple interest at the rate fixed by the Society's registered bye-laws, which under the Model Bye-laws, 2014 may not exceed 21% per annum simple, and that the Society may recover arrears through the machinery of section 101 of the Act. I equally record that the Society may not charge interest above the rate its own registered bye-laws permit, and that a demand which exceeds that rate is not payable to the extent of the excess.

8. Amounts tendered with this application

The following are tendered with this application, against the Society's receipt:

• entrance fee of __________;

I record that no amount by way of donation, voluntary contribution, welfare fund, development fund or any other description, over and above the entrance fee, the transfer fee and the transfer premium fixed under the bye-laws, is payable in connection with this transfer, and that none has been paid, demanded or promised. No transfer premium is chargeable on a transmission of shares on the death of a member, or on a transfer between family members of the description the bye-laws recognise.

9. Consent of other members

9.1 What the Rules and the bye-laws require of an outgoing member who transfers in his lifetime is a clear fifteen days' notice in writing of the intention to transfer, under Rule 24 of the Maharashtra Co-operative Societies Rules, 1961 read with bye-law 38. That requirement is often misdescribed as a requirement for the consent or no-objection of fifteen members of the Society. There is no such requirement. Neither the Act, nor the Rules, nor the Model Bye-laws, 2014 make the admission of a transferee conditional on the consent, no-objection or signature of any other member, and this application is accordingly not accompanied by any such consent.

9.2 I record that I am a person duly qualified for membership, and that no ground personal to me — of community, religion, language, place of origin, marital status or dietary practice — constitutes sufficient cause for refusal within the meaning of section 23 of the Act.

10. Decision on this application

10.1 I request the Committee to place this application before its next meeting, to decide it, and to communicate its decision to me in writing at the address in paragraph 1.1.

10.2 Section 22(2) of the Act requires the decision on an application for membership to be communicated to the applicant within the period the Act prescribes, and provides that where the Society does not communicate its decision within that period, the applicant is deemed to have been admitted as a member. I record that I rely on that provision.

10.3 If this application is refused, I request that the reasons for the refusal be recorded in the resolution and communicated to me in writing, so that I may pursue the remedy available to a person refused admission under section 23 of the Act.

11. Nomination

11.2 I understand that a nomination decides only whom the Society may deal with on my death, and does not override the law of succession or the rights of my heirs, and that a nomination must be filed in the prescribed form and recorded by the Society before it has any effect.

13. Declaration

13.1 I declare that the statements made in this application are true to my own knowledge, that the documents enclosed are true copies of their originals, and that I have not withheld anything material to the Committee's decision.

13.2 I declare that this application is made in my own name and for my own benefit, and not benami for any other person.

13.3 I agree that on admission I shall be bound by the bye-laws of the Society from the date of the resolution admitting me.

14. Schedule of enclosures

• Two recent passport-size photographs of each applicant.
• Self-attested copy of photo identity proof and of proof of present address, of each applicant.

• Receipts or instruments of payment for the amounts tendered under paragraph 8.

Yours faithfully,

______________________________
__________
Applicant

For the use of the Society

Received on ______________________ by ______________________________ (name and designation), and entered in the inward register at Sr. No. ______________.

Placed before the meeting of the Managing Committee held on ______________________, notice of that meeting having been issued on ______________________, the quorum required by the registered bye-laws being present.

Resolution No. ______________ : the application of __________ is admitted / refused (strike out whichever does not apply).

Where refused, the reasons recorded in the resolution: ______________________________________________________________________________________________________________________

Decision communicated to the applicant in writing on ______________________.

Entered in the register of members at Sr. No. ______________ on ______________________. Transfer endorsed on Share Certificate No. __________ on ______________________ and the certificate returned to the member on ______________________.

______________________________        ______________________________
Hon. Secretary                                 Chairman
__________