Redevelopment and Structural Repairs

If a member moves away during redevelopment, what happens to their stake?

If a member moves away during redevelopment, their stake in the cooperative society remains intact as per the Gujarat Cooperative Societies Act, 1961.

If a member moves away during redevelopment, their stake in the cooperative society remains intact as per the Gujarat Cooperative Societies Act, 1961.

Written By: GatePal Analyst

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Short Answer

If a member moves away during redevelopment, their stake in the cooperative society remains intact as per the Gujarat Cooperative Societies Act, 1961.

Detailed Explanation

Section 32 of the Gujarat Cooperative Societies Act, 1961 addresses the issue of a member's stake in the cooperative society. It states that a member's rights and interests in the cooperative society are not affected by their absence due to reasons such as moving away. This means that even if a member is not physically present during the redevelopment process, their stake in the cooperative society remains protected.

Furthermore, Rule 56 of the Gujarat Cooperative Societies Rules, 1965 provides guidelines on the transfer of shares or interest of a member. In case a member decides to transfer their stake due to moving away, the rules specify the procedure for such transfers to ensure transparency and compliance with the law.

In practice, if a member moves away during the redevelopment of a cooperative society, their stake continues to exist, and they retain their rights and interests in the society. The cooperative society must follow the provisions of the Act and Rules regarding the treatment of the member's stake to ensure fairness and legal compliance.

Practical Examples

  • Scenario 1: Mr. Patel, a member of a cooperative society, relocates to another city during the redevelopment phase. Despite his absence, his shareholding in the society remains intact as per Section 32 of the Act.

  • Scenario 2: Mrs. Shah transfers her stake to her family member before moving away during the redevelopment process, following the guidelines under Rule 56 of the Rules.

Reference

  • Section 32 of the Gujarat Cooperative Societies Act, 1961

  • Rule 56 of the Gujarat Cooperative Societies Rules, 1965

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