(ii) the firm or the company has complied with the
conditions mentioned in the notifications, issued by the
State Government, from time to time, under the Second Proviso to Section 22 of the Act. (iii) the firm or the company has furnished the undertakings/declarations in the prescribed forms required under any law for the time being in force along with the application for membership. Note: The conditions at (i) and (iii) shall not be applicable to the firm/company of the Promoter (Builder), applying for membership of the society in respect of the unsold flats. 20. A sublettee, a licensee or a care-taker, or occupant who/which is eligible to be a nominal member and who shall apply through original member for such membership in the prescribed form, applicable to him/it, along with entrance fee of Rs. 100/- may be admitted as such member by the Committee. 21. The procedure for disposal of application for membership of the society, as laid under the bye-law No. 65 (a) to (g) shall be followed by the Secretary and the Committee of the society II. RIGHTS AND DUTIES OF MEMBERS 22. (A). A member shall be entitled to exercise such rights as provided in the Act, Rules and bye-laws. Provided that no member shall exercise the rights of member of a society, until he has made such payment to the society in respect of 10 shares of Rs. 50/- each along with the entrance fee of Rs. 100/-, to the society in respect of membership, or acquired such interest in the society. Provided further that, in case of increase in minimum contribution of member in share capital to exercise right of membership, the society shall give a due notice of demand to the members and give reasonable period to comply with. ACTIVE MEMBER: (B) (1) A member shall be called as 'Active Member' if :a. He has purchased and /or owns the Flat / Unit in the Society. b. He has attended at least One General Body Meeting within a consecutive period of Five years. Provided that nothing in this clause 'b' shall apply to the member whose absence has been condoned by the General Body of the society. c. He has at least paid the amount equivalent to Three year of society Maintenance and Service charges, within a consecutive period of Five years. 14 A member who is not an 'Active Member' shall be the 'non-Active Member'. (2) Society shall classify the members as 'Active' or Non-Active' member at the close of every financial year. (3) Society shall communicate to every Non-Active member about his classification, within a period of 30 days from 31st March of every year as prescribed under these By-laws as per Appendix - --
(4) If a question, of a member being Active or NonActive
arises, an appeal shall lie to the Registrar within a period of 60 days from the date of communication of such classification. (5) The ' Non-Active' member can be reclassified as 'Active member' if he satisfies the conditions laid down under Byelaw no. 22(B)(1). Inspection of Books and Records Getting Copy of the Bye-laws.
G.R. No. 211302. August 12, 2015. Philippine Transmarine Carriers, INC., Carlos C. Salinas, and Norwegian Crew MANAGEMENT A/S, Petitioners, vs. CESAR C. PELAGIO, Respondent