Tenancy, PG, and Use of Premises

If the owner is abroad, can they nominate someone to manage society matters on their behalf?

Yes, the owner can nominate someone to manage society matters on their behalf if they are abroad.

Yes, the owner can nominate someone to manage society matters on their behalf if they are abroad.

Written By: GatePal Analyst

Last Updated on

Short Answer

Yes, the owner can nominate someone to manage society matters on their behalf if they are abroad.

Detailed Explanation

Section 32 of the Gujarat Cooperative Societies Act, 1961 allows for the appointment of a proxy by a member who is unable to attend a general meeting. This proxy can act on behalf of the member in all matters related to the society. In the case of an owner residing abroad, they can nominate a trusted individual as their proxy to manage society affairs, attend meetings, and make decisions on their behalf. This ensures that the owner's interests are represented and protected even in their absence.

Additionally, Rule 85 of the Gujarat Cooperative Societies Rules, 1965 provides guidelines on the appointment and functioning of proxies. The rule specifies the procedure for appointing a proxy, the rights and responsibilities of the proxy, and the limitations on their powers. By following these rules, the owner can legally authorize someone to act on their behalf in society matters.

Practical Examples

  • Mr. Patel, an owner of a flat in a cooperative housing society, is currently abroad for work. He appoints his brother as a proxy to attend society meetings and handle any issues related to his property.

  • Ms. Shah, a non-resident owner of a commercial unit in a cooperative society, designates her lawyer as a proxy to represent her interests and make decisions regarding the property in her absence.

  • Mr. Desai, a landlord residing overseas, nominates his trusted friend as a proxy to manage the affairs of his rented property within the cooperative society, ensuring smooth operation and compliance with society rules.

References

  • Section 32 of the Gujarat Cooperative Societies Act, 1961: Official PDF

  • Rule 85 of the Gujarat Cooperative Societies Rules, 1965: Official PDF

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