Membership and Voting Rights
If a member breaks society rules, what is the procedure for their removal?
Written By: GatePal Analyst
Last Updated on
Short Answer
If a member breaks society rules, the procedure for their removal involves following the provisions of the Gujarat Cooperative Societies Act, 1961 and the Gujarat Cooperative Societies Rules, 1965.
Detailed Explanation
Section 27 of the Gujarat Cooperative Societies Act, 1961 empowers the society to expel a member for violating the society's rules. The section states that a member can be expelled by a resolution passed at a general meeting with a specified majority. This means that the society must convene a general meeting and pass a resolution to remove the member who has breached the rules. The member must be given an opportunity to present their case before the resolution is passed.
Rule 56 of the Gujarat Cooperative Societies Rules, 1965 further elaborates on the procedure for expulsion of a member. The rule specifies that the member must be provided with a written notice stating the reasons for expulsion and be given a chance to be heard before the decision is made. The decision to expel a member must be taken by a majority vote at a general meeting.
Practical Examples
Scenario 1: Mr. Patel, a member of a cooperative society, is found to have violated the society's rules by conducting commercial activities from his residential unit. The society calls for a general meeting, provides Mr. Patel with a notice of expulsion, and after hearing his defense, passes a resolution to expel him.
Scenario 2: Ms. Shah fails to pay her maintenance dues despite repeated reminders, breaching the society's rules. The society holds a general meeting, gives her a chance to explain her non-payment, and decides to remove her as a member.
Reference
Section 27 of the Gujarat Cooperative Societies Act, 1961
Rule 56 of the Gujarat Cooperative Societies Rules, 1965
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