Maintenance and Utility Disputes

Can a member get a refund if they withdraw from society mid-year after paying maintenance?

Yes, a member can get a refund if they withdraw from the society mid-year after paying maintenance.

Yes, a member can get a refund if they withdraw from the society mid-year after paying maintenance.

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Short Answer

Yes, a member can get a refund if they withdraw from the society mid-year after paying maintenance.

Detailed Explanation

Section 33 of the Gujarat Cooperative Societies Act, 1961 allows for the refund of a member's share or interest upon withdrawal from the society. This means that if a member decides to withdraw from the society mid-year after paying maintenance, they are entitled to receive a refund of their share or interest in the society. The refund amount will be calculated based on the member's contributions and any applicable deductions as per the society's by-laws.

Furthermore, Rule 90 of the Gujarat Cooperative Societies Rules, 1965 provides detailed guidelines on the process of refunding a member's share or interest. The rule specifies the documentation required, the timeline for processing the refund, and any conditions or deductions that may apply. In practice, the society will follow these rules to ensure a fair and transparent refund process for the withdrawing member.

Real-world Scenarios

  • Scenario 1: Mr. Patel decides to withdraw from the cooperative society in July after paying maintenance for the entire year. As per Section 33 of the Act, he is eligible for a refund of his share or interest in the society, calculated based on his contributions.

  • Scenario 2: Ms. Shah moves out of the society in November and requests a refund of her share. The society follows Rule 90 of the Rules to process her refund within the stipulated timeline, considering any applicable deductions.

Overall, the Gujarat Cooperative Societies Act and Rules ensure that members have the right to receive a refund of their share or interest if they withdraw from the society mid-year after paying maintenance, subject to the provisions and procedures outlined in the legislation.

References

  • Section 33 of the Gujarat Cooperative Societies Act, 1961: Official PDF

  • Rule 90 of the Gujarat Cooperative Societies Rules, 1965: Official PDF

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