Short Answer

Members who are missing or unreachable can be counted towards the 75% requirement for redevelopment or structural repairs in Gujarat Cooperative Societies by following the provisions of the Gujarat Cooperative Societies Act, 1961.

Detailed Explanation

Section 66 of the Gujarat Cooperative Societies Act, 1961 addresses the issue of members who are missing or unreachable. This section allows for such members to be considered present for the purpose of determining the required quorum or majority in meetings related to redevelopment or structural repairs. The Act recognizes that in practical scenarios, it may not always be possible to physically locate or contact all members due to various reasons such as relocation, illness, or other circumstances.

In practice, when conducting a meeting to decide on redevelopment or structural repairs where the presence of 75% of members is required, the society can make reasonable efforts to reach out to missing members through registered post, email, or any other means of communication specified in the society's bylaws. If despite these efforts, some members remain unreachable or unresponsive, they can still be counted towards the 75% requirement as per Section 66 of the Act.

Real-world scenarios may include situations where certain members have moved to different cities or countries, changed contact details without updating the society, or are temporarily unavailable due to personal reasons. In such cases, the society must document the steps taken to contact these members and proceed with the decision-making process considering them as part of the required quorum.

A step-by-step process for counting missing or unreachable members towards the 75% requirement could involve:

• Sending official communication to all members regarding the meeting for redevelopment or repairs.

• Attempting to reach out to missing members through multiple channels.

• Documenting all communication attempts and responses received.

• Notifying the members present in the meeting about the efforts made to contact missing members.

• Proceeding with the decision-making process considering the missing members as part of the required quorum.

Practical Examples

• In a cooperative society meeting for redevelopment, 10 out of 50 members are unreachable despite multiple attempts to contact them. The society can still proceed with the decision as if all 50 members were present, counting the missing members towards the 75% requirement.

• A society conducts a vote on structural repairs where 80% approval is needed. Some members are overseas and cannot be reached, but the society has evidence of attempting to contact them. These members can be included in the total count for the required percentage.

Reference

• Section 66 of the Gujarat Cooperative Societies Act, 1961: Official PDF