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WHO IS A DEFAULTER UNDER CO OPERATIVE SOCIETIES ACT


 

In the context of cooperative societies, a defaulter typically refers to a member who has not fulfilled their financial obligations or other responsibilities as outlined in the society's bylaws or regulations. The specific criteria for designating someone as a defaulter can vary based on the society's rules and the nature of the default. Common types of defaults in cooperative societies include non-payment of dues, charges, or contributions, failure to comply with rules, and breach of contractual agreements. Here are a few scenarios where someone might be considered a defaulter under the Cooperative Societies Act:

1.    Non-Payment of Dues: If a member fails to pay their dues, maintenance charges, or assessments required by the society within the stipulated time frame, they can be considered a defaulter.

2.    Failure to Contribute: In certain cooperative societies, members are required to contribute financially to specific projects or initiatives. If a member does not contribute as required, they may be labeled a defaulter.

3.    Violation of Rules: If a member repeatedly violates the rules, regulations, or bylaws of the society, they might be considered a defaulter. This could include actions that disrupt the harmony or functioning of the society.

4.    Non-Compliance with Agreements: Members who fail to fulfill their obligations as agreed upon in contracts, agreements, or undertakings with the society can also be categorized as defaulters.

5.    Non-Attendance of Meetings: Some societies may consider members as defaulters if they consistently fail to attend general body meetings or committee meetings without valid reasons.

6.    Unauthorized Alterations: Making unauthorized structural alterations to one's property or common areas without obtaining necessary approvals could lead to being labeled a defaulter.

7.    Unauthorized Usage of Common Property: If a member uses common property or facilities for purposes not permitted by the society's rules, they might be deemed a defaulter.

8.    Unauthorized Subletting: Subletting one's property without proper authorization from the society or in violation of its rules could result in being designated a defaulter.

9.    Misuse of Society Funds: Misappropriation or misuse of funds belonging to the cooperative society could lead to a member being declared a defaulter.

It's important to note that the process of designating someone as a defaulter should adhere to the legal and procedural requirements outlined in the Cooperative Societies Act and the society's own bylaws. The society's managing committee usually initiates the process of identifying and addressing defaults, which may involve sending notices, imposing penalties, or taking legal actions, as permitted by the law and the society's rules

ADV LEENA KAULGEKAR

 


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