Introduction
The scope of this article is limited to the understanding of “member” and “membership” in a Society (registered under the Societies Act/s) and not with other forms of organization, such as Trust or Company or Corporation, etc. References will be made to the Society Registration Act 1860 (SRA-1860) legislated by the Central Government.
1. Who is a member?
According to the SRA-1860, an individual human person will be considered a “member” of the Society when: (a) the person has been admitted according to its Rules and Regulations (R&R), (b) has paid the subscription fees, (c) has signed the roll or list of members, and (d) has not resigned according to its R&R.
Membership in a Society is a free act. A person cannot be forced to become a member of a Society, nor is it a matter of the religious vow of obedience. A Society too cannot be forced to admit a person to its membership against its R&R. The provisions of the Indian Contract Act, 1872 (such as, minimum age limit, sound mind, no moral culpability, communication to be done in writing, exercising free will, etc.), will apply when admitting/rejecting a person to membership. In a Society governed by Religious Congregations, admission to membership can be limited to the permanent members of the Congregation, and such a clause can be inserted into its R&R.
Granting of membership to a person is the prerogative of the Society and not an inherent right of any individual. A person cannot demand that he/she should be given membership. The key word in understanding membership is “admitted,” which supposes that there should be defined rules and procedures to be followed while accepting a person as a member.
2. Procedure for admission
The rules for admission to membership should be clearly mentioned in the R&R of the Society, and these should be strictly adhered to. The procedure about application form, time-frame, etc., can be mentioned in the accompanying manual of administration of the Society. The procedure for admission may be along the following lines:
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Fr Trevor D’Souza OFM
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