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[Cites 0, Cited by 35] [Entire Act]

State of Tamilnadu - Section

Section 21 in The Tamil Nadu Co-Operative Societies Act, 1983

21. Qualifications for membership of society.

(1)
(a)Subject to the provisions of section 23-
(i)any individual competent to contract under section 11 of the Indian Contract Act, 1872 (Central Act IX of 1872),
(ii)any other registered society,
(iii)the Government, and
(iv)any body of persons whether incorporated or not and whether or not established by or under any law, if such body is approved by the Government in this behalf by general or special order,
shall be eligible for admission as a member of a registered society:Provided that the individual or the registered society or the body of persons referred to in items (i), (ii) and (iv) shall possess such further qualifications as may be specified in the Rules or the bye-laws:Provided further that a Hindu undivided family as such shall not be eligible for admission as a member of a registered society:Provided also that persons who are minors or of unsound mind may be admitted as members of such class of registered societies as may be prescribed and such members shall possess only such privileges and rights of members and be subject only to such liabilities of members as may be prescribed:Provided also that no individual shall be eligible for admission as a member of any financing bank or apex society, except as an associate member.
(b)Notwithstanding anything contained in this Act or in any other law for the time being in force, every individual member other than an associate member of every financing bank and every apex society shall cease to be a member of such bank or society, as the case may be, on and from such date as the Government may, by notification, specify and such individual member shall be entitled to receive his share or interest in the capital and other moneys due to him in such manner and within such time as may be prescribed.
(2)
(i)In the case of every registered society, every individual eligible for admission as a member of any such society under the provisions of this Act, the Rules and the bye-laws of the society shall, on application made in such form and in such manner as may be prescribed, be admitted by the board [or by the general body, where there is no board] [Inserted by Tamil Nadu Act No. 37 of 2012, dated 14.11.2012, w.e.f. 3.8.2012.] as a member of the society with effect from the date of receipt of such application in the office of such society:
Provided that the board [or the general body, as the case may be] [Inserted by Tamil Nadu Act No. 37 of 2012, dated 14.11.2012, w.e.f 3.8.2012.] may, for good and sufficient reasons to be recorded in the minutes of the meeting at which the application for admission is considered, refuse admission to any individual and the decision of the board shall be communicated to the individual:Provided further that if the decision of the board [or the general body, as the case may be] [Inserted by Tamil Nadu Act No. 37 of 2012, dated 14.11.2012, w.e.f. 3.8.2012.] on the application is not communicated to the individual within a period of sixty days from the date of receipt of the application in the office of the society, the individual shall be deemed to have been admitted as a member of such society, on the sixtieth day after the date of receipt of the application in the office of the society.
(ii)Notwithstanding anything contained in class (i), or in any other provision of this Act, the Registrar may, either suo motu or on application at any time, by order and after recording the reasons in writing, remove any individual deemed to have been admitted as a member of the society under clause (z) from such membership if such individual is not eligible to be a member of such society under the provisions of this Act, the Rules and the bye-laws of the society:
Provided that an order under this clause shall be passed within such period as may be prescribed.
(iii)No order under clause (ii) shall be passed without giving a reasonable opportunity of being heard to the parties concerned.
(3)No member of a registered society shall exercise the rights of a member unless and until he has made such payment to the society in respect of membership or acquired such interest in the society as may be specified in the Rules or the bye-laws within such time as may be prescribed:Provided that no member in respect of whom a proceeding under clause (ii) of sub-section (2) is pending shall be eligible to exercise the rights as a member till the termination of such proceeding.