Short Answer

A debtor-member owing to a society can get hearing rights in case of suspension by following the procedures outlined in the Gujarat Cooperative Societies Act, 1961 and the Gujarat Cooperative Societies Rules, 1965.

Detailed Explanation

Section 73 of the Gujarat Cooperative Societies Act, 1961 provides the debtor-member with the right to appeal against suspension. This section states that any member who is aggrieved by the decision of the society to suspend them has the right to appeal to the Registrar within 30 days from the date of receipt of the suspension order. The Registrar then has the authority to hear the appeal and pass necessary orders.

Furthermore, Rule 59 of the Gujarat Cooperative Societies Rules, 1965 elaborates on the procedure for filing an appeal. According to this rule, the debtor-member must submit a written appeal to the Registrar specifying the grounds of appeal and the relief sought. The Registrar will then fix a date for the hearing and provide an opportunity to the debtor-member to present their case.

In practice, if a debtor-member is suspended by the society, they can exercise their right to appeal by submitting a written appeal to the Registrar within the stipulated timeframe. The Registrar will then schedule a hearing where the debtor-member can present their arguments and evidence to challenge the suspension decision. The Registrar's decision after the hearing will determine the outcome of the suspension.

Real-world Scenarios

• Mr. Patel, a debtor-member of a cooperative society, was suspended for non-payment of dues. He appealed to the Registrar within 30 days, citing financial difficulties. The Registrar conducted a hearing, where Mr. Patel presented his financial records. The Registrar, considering the circumstances, revoked the suspension.

• Ms. Shah, another debtor-member, was suspended due to a dispute with the society. She filed an appeal with the Registrar, outlining the reasons for the dispute. The Registrar scheduled a hearing where both parties presented their arguments. After evaluating the evidence, the Registrar mediated a resolution between Ms. Shah and the society.

• In a different scenario, Mr. Desai failed to appeal within the prescribed period after suspension. As a result, his suspension remained in effect, highlighting the importance of timely action in exercising hearing rights.

References

• Section 73 of the Gujarat Cooperative Societies Act, 1961: Official PDF

• Rule 59 of the Gujarat Cooperative Societies Rules, 1965: Official PDF