Part:V Rights and Liabilities of Members (ss 28-40)
[Ch4204s28]28.Definition of member
The first members of a society shall be those persons who sign the application
for registration and have agreed to become and become members on the
registration of the society.
Every other person whose application for membership has been accepted by the
committee and who has signed the register of members shall be a member of the
person whose application for membership has been rejected by the committee may
appeal to the next general meeting of the society and if such application is
accepted by a two-thirds majority of the members present and voting at that
meeting, such person shall be a member of the society.
[Ch4204s29]29.Qualifications for membership
To be qualified for membership of a primary society a person must-
(a)have attained the age of-
(i)five years in the case of a school
(ii)eighteen years in the case of any other
(b)be resident or employed within or be in
occupation of land within the society's area of operation as described in its
No society, company or other association, incorporated or not, shall be a
member of a primary society.
Membership of secondary societies is restricted to societies registered under
[Ch4204s30]30.Minor's contracts with societies
a person, who has attained the age of 18 years but has not yet attained the age
of majority, becomes a member of a society, he shall for the purpose of
contracting with the society be taken to be of full legal capacity in so far as
age is concerned:
that in the case of a school society no pupil shall be registered as a member
without the prior written consent of his parent or guardian and the head of the
school and in that case this section shall apply as if 5 were substituted for
[Ch4204s31]31.Members not to exercise rights till payment
member of a society shall exercise the rights of a member unless he has paid
such membership fee and acquired such share in the capital of the society as
may be set out in its bye-laws.
[Ch4204s32]32.Maximum size of share holding
member of a primary society shall hold more than one-fifth of the share capital
of that society.
[Ch4204s33]33.Restrictions on membership in a society
with the written consent of the Commissioner, no person shall be a member of
more than one society which has as one of its objects the granting of loans to
Each member of a primary society shall have one vote in the affairs of the
society and shall vote in person and not by proxy.
Each member of a secondary society shall have such voting rights as may be
prescribed by the secondary society's bye-laws and may, subject to such
bye-laws, appoint any number of delegates not exceeding the number of votes
allocated to exercise its voting rights.
In the case of an equality of votes, the Chairman of the meeting shall have a
casting vote in addition to his original vote.
[Ch4204s35]35.Restrictions on transfer of shares
The transfer of the share of a member, past member or deceased member in the
capital of a society shall be subject to the conditions of maximum holding in
In the case of a society registered without limited liability a member shall
not transfer any share held by him in the society unless-
(a)he has held such share for not less than
one year; or
(b)the transfer is made to the society, or to
a member of the society or to a person whose application for membership has
been accepted by the society.
[Ch4204s36]36.Liability of past members or estate of
liability of a past member or the estate of a deceased member shall be limited
to those liabilities which existed at the date of termination of membership and
shall cease on the expiry of one year commencing on that date.
[Ch4204s37]37.Withdrawal from membership
member may withdraw from a society by giving such notice as may be prescribed
by its bye-laws.
[Ch4204s38]38.Removal of persons ceasing to qualify for
a resolution of the committee the name of a member who ceases to qualify for
membership under section 29 shall be struck from the register of members, and
he shall cease to be a member from that date.
The bye-laws of a society may provide for the expulsion by special resolution
of a member who has persistently contravened the provisions of this Act, any
regulations or the bye-laws.
Any bye-law authorized by this section shall require any complaint against a
member to be made to the committee in writing; and the committee may resolve to
accept the complaint and recommend to the general meeting that the member be
expelled. Special notice of at least 14 days must be given to the member
(a)the time, date and place of the general
(b)a copy of the complaint against him and the
recommendation of the committee;
(c)details of his right to attend the general
meeting and state any reason or make any submission as to why he should not be
On admission to a society a member may nominate one person to whom his
membership and shares or other interests in the capital of the society may be
transferred on his death.
member may at any time cancel the nomination made under subsection (1) or
substitute another person as nominee in place of the person nominated under
Any nomination or change in nomination shall be in writing and signed by the
member in the presence of two attesting witnessess, and shall be recorded in
the register of members.