Short Answer

Complaints for eviction of a problematic member in a cooperative society are subject to certain limitations under the Gujarat Cooperative Societies Act, 1961 and Rules.

Detailed Explanation

Section 63 of the Gujarat Cooperative Societies Act, 1961 deals with the removal of members. It states that a member can be removed by a resolution passed by a three-fourths majority of the members present at a general meeting. This section sets the procedure for eviction of a problematic member from the cooperative society. In practice, this means that the decision to evict a member must be taken through a formal resolution passed at a general meeting where a significant majority of members agree to the eviction.

Furthermore, Rule 56 of the Gujarat Cooperative Societies Rules, 1965 provides additional guidelines regarding the removal of a member. It specifies that the member in question must be given a reasonable opportunity to present their case before any decision is made for their eviction. This rule ensures that the process is fair and transparent, allowing the member to defend themselves against the allegations made.

In real-world scenarios, these provisions ensure that the eviction of a member is not arbitrary and is based on a democratic decision-making process within the cooperative society. The step-by-step process for filing a complaint for eviction involves raising the issue at a general meeting, presenting the case against the member, allowing the member to respond, and then passing a resolution for eviction if deemed necessary.

Practical Examples

• In a housing cooperative, if a member is consistently violating the society's bylaws and causing disturbances, the managing committee can initiate the process for their eviction under Section 63 of the Act.

• A member accused of financial irregularities within the cooperative society must be given a chance to explain their actions as per Rule 56 before any decision is taken for their removal.

• If a member is found to be engaging in illegal activities that harm the interests of the cooperative society, a resolution for their eviction can be passed at a general meeting following the procedures outlined in the Act and Rules.

References

• Section 63 of the Gujarat Cooperative Societies Act, 1961: Official PDF

• Rule 56 of the Gujarat Cooperative Societies Rules, 1965: Official PDF