Short Answer

Disputes among members during redevelopment in cooperative societies can be resolved through the dispute resolution mechanisms provided under the Gujarat Cooperative Societies Act, 1961 and Rules, 1965.

Detailed Explanation

Section 70 of the Gujarat Cooperative Societies Act, 1961 empowers the Registrar of Cooperative Societies to resolve disputes among members. The Registrar may appoint an arbitrator or a panel of arbitrators to settle the dispute. The decision of the arbitrator is final and binding on the parties involved. This provision ensures a speedy resolution of disputes without the need for lengthy court proceedings.

Furthermore, Rule 106 of the Gujarat Cooperative Societies Rules, 1965 elaborates on the procedure for arbitration. It outlines the process for appointment of arbitrators, submission of claims and counterclaims, conducting hearings, and issuing the final award. This rule ensures a fair and transparent arbitration process for resolving disputes effectively.

In practice, if there are disagreements among members regarding cost-sharing or any other aspect of redevelopment, they can approach the Registrar of Cooperative Societies to initiate the arbitration process. The appointed arbitrator will hear both sides, examine relevant documents, and provide a decision based on the merits of the case. This mechanism helps in maintaining harmony within the cooperative society and ensures that disputes are resolved in a timely manner.

Practical Examples

• Scenario 1: In a cooperative housing society undergoing redevelopment, some members disagree on the allocation of costs for common area repairs. They approach the Registrar of Cooperative Societies, who appoints an arbitrator to resolve the dispute as per Section 70 of the Act.

• Scenario 2: During the structural repairs of a building, members have differing opinions on the selection of contractors and the budget allocation. The arbitration process under Rule 106 of the Rules is initiated to settle the dispute impartially.

• Scenario 3: Members of a cooperative society are at odds over the timeline and scope of redevelopment work. The Registrar intervenes and appoints an arbitrator to mediate the dispute and ensure a fair resolution.

References

• Section 70 of the Gujarat Cooperative Societies Act, 1961

• Rule 106 of the Gujarat Cooperative Societies Rules, 1965