Membership and Voting Rights
Are members who are NRI treated differently under the society’s rules?
Written By: GatePal Analyst
Last Updated on
Short Answer
No, members who are NRIs are not treated differently under the society's rules.
Detailed Explanation
Section 29 of the Gujarat Cooperative Societies Act, 1961 states that every person who is qualified to be a member of a cooperative society under the Act shall have the same rights and privileges, irrespective of their nationality or residence. This means that NRIs have the same membership rights as any other member of the society.
Furthermore, Rule 21 of the Gujarat Cooperative Societies Rules, 1965 provides guidelines for the admission of members, stating that the eligibility criteria for membership should be uniformly applied to all applicants, without any discrimination based on nationality or residency status. Therefore, NRIs cannot be denied membership or treated differently solely because of their non-resident status.
In practice, cooperative societies in Gujarat are required to adhere to these provisions and treat all members equally, regardless of whether they are NRIs or residents. This ensures fairness and non-discrimination within the society.
For example, if a cooperative housing society in Gujarat has a rule that allows only residents to become members, this would be in violation of the Gujarat Cooperative Societies Act, as NRIs cannot be excluded based on their non-resident status. Similarly, if a society imposes additional fees or restrictions on NRIs compared to resident members, it would be considered discriminatory under the law.
In real-world scenarios, NRIs can participate in the decision-making processes of the society, including voting in elections, attending general body meetings, and holding positions on the society's board, just like any other member. Their rights and responsibilities are the same as those of resident members, ensuring equal treatment and representation within the cooperative society.
Reference
Section 29 of the Gujarat Cooperative Societies Act, 1961: Official PDF
Rule 21 of the Gujarat Cooperative Societies Rules, 1965: Official PDF
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