Short Answer

No, your tenant cannot become a nominee or member solely by signing a power of attorney.

Detailed Explanation

Section 26 of the Gujarat Cooperative Societies Act, 1961 governs the membership of cooperative societies. This section clearly states that a person shall not be deemed a member of a cooperative society unless his name is entered in the register of members. This means that merely signing a power of attorney does not confer membership or nomination rights to the tenant. Membership in a cooperative society is a formal process that requires registration and compliance with the rules of the society.

Furthermore, Rule 24 of the Gujarat Cooperative Societies Rules, 1965 elaborates on the procedure for admission of members. According to this rule, a person seeking membership must apply in writing to the society, and the application must be approved by the committee of the society. This reinforces the fact that membership cannot be acquired through a power of attorney alone.

In practice, if a landlord wishes to include a tenant as a nominee or member of a cooperative society, the tenant would need to follow the prescribed procedure for membership laid out in the Act and Rules. This typically involves submitting an application, obtaining approval from the society's committee, and having their name officially entered in the register of members.

Real-world Scenarios

• Scenario 1: A landlord signs a power of attorney in favor of a tenant. The tenant cannot automatically become a member of the cooperative society where the property is located based on this document alone.

• Scenario 2: A tenant wishes to become a member of the cooperative society. They must follow the formal application process outlined in the Act and Rules, even if they have a power of attorney from the landlord.

• Scenario 3: If a landlord wants to nominate their tenant as a member of the cooperative society, they must ensure that the tenant fulfills all the requirements for membership as per the legal provisions.

Reference

• Section 26 of the Gujarat Cooperative Societies Act, 1961: [Official PDF]

• Rule 24 of the Gujarat Cooperative Societies Rules, 1965: [Official PDF]