• Withdrawal of resignation from co-op society

Dear Sir

I had resigned from my membership of the society on 01 Oct.'2015. Society accpeted the resignatiod and forwarded to same to RCS office on 02.10.2015. Due to some reasons I have sent withdrawal request for the resignation to the society. on 14 Oct.,2015. Till date the society has not responded. Although I have not  received any payment cheque/ vouchers etc against membership resignation.  Can anyone please tell, is my membership is intact. Can society play any fraud on me and usurp my membership.

Regards
Asked 1 year ago in Civil Law from Delhi, Delhi
Give a reminder. If there remains any monetary dues then resignation may not be accepted.so check with the office holder and update.
Devajyoti Barman
Advocate, Kolkata
5233 Answers
54 Consultations
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1) once your resignation has been duly accepted by society you cannot with draw your resignation . 

2) there is no question of fraud being played by the society as you resigned from the society of your own free will 
Ajay Sethi
Advocate, Mumbai
23315 Answers
1220 Consultations
5.0 on 5.0
You have tendered your resignation and the society has already accepted it, therefore your membership stands terminated. 
Now you have made an application to withdraw your resignation tendered already.  However if the society has not replied, you may send a reminder under registered post with acknowledgment.  
The society cannot usurp your membership when it is has already recorded your resignation.  You can issue a notice for the benefits due to you.
T Kalaiselvan
Advocate, Vellore
14090 Answers
127 Consultations
5.0 on 5.0
A resignation, once accepted, cannot be withdrawn. Your membership stood terminated as soon as the resignation was accepted. There is no fraud played on you as you resigned with free consent. 
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
DCS rules 2007
26. Withdrawal of members
(1) Subject to the provisions of the Act, these rules and the bye-laws of a co-operative
society, a member may withdraw his membership by submitting a resignation in
writing to the society and the committee shall dispose off his resignation within forty
five days after receipt of the resignation.
(2) No resignation of a member shall be accepted by the co-operative society unless the
member has paid in full his dues, if any, to the co-operative society and has also
cleared his liability, if any, as surety to any other member.
In case of co-operative housing societies committee shall endorse a copy
of resolution under sub-rule (2) within twenty one days to the Registrar.
(3) Any member, whose resignation has been accepted by the co-operative housing
society, or any heir or legal representative of a deceased member, may demand refund
of the share capital held by such member or deceased member and the co-operative
society shall, subject to the provisions of section 27 or section 28, as the case may be
and subject to the provisions of the bye-laws, refund the amount within ninety days
after the acceptance of resignation or as the case may be, the date of demand by the
heir or legal representative of the deceased member. Intimation regarding acceptance
of resignation shall be sent by registered post to the member and in case of cooperative
housing society a copy of the same shall also be sent to Registrar.
(4) In all cases where share capital is to be refunded, valuation of the shares shall be
made in accordance with the provisions contained in rule 27
(5) Irrespective of the nature of liability of a co-operative society, the share capital
subscribed by the Government in a co-operative society or by a Apex/ Federal/
Central will be retrieved in such a manner and during such period as may be
determined by the Registrar from time to time.
Ajay Sethi
Advocate, Mumbai
23315 Answers
1220 Consultations
5.0 on 5.0
For your information the provisions or law pertaining to your issue is reproduced below which is self explanatory:

26. Withdrawal of members
(1) Subject to the provisions of the Act, these rules and the bye-laws of a co-operative
society, a member may withdraw his membership by submitting a resignation in
writing to the society and the committee shall dispose off his resignation within forty
five days after receipt of the resignation.
(2) No resignation of a member shall be accepted by the co-operative society unless the
member has paid in full his dues, if any, to the co-operative society and has also
cleared his liability, if any, as surety to any other member.
In case of co-operative housing societies committee shall endorse a copy
of resolution under sub-rule (2) within twenty one days to the Registrar.
(3) Any member, whose resignation has been accepted by the co-operative housing
society, or any heir or legal representative of a deceased member, may demand refund
of the share capital held by such member or deceased member and the co-operative
society shall, subject to the provisions of section 27 or section 28, as the case may be
and subject to the provisions of the bye-laws, refund the amount within ninety days
after the acceptance of resignation or as the case may be, the date of demand by the
heir or legal representative of the deceased member. Intimation regarding acceptance
of resignation shall be sent by registered post to the member and in case of cooperative
housing society a copy of the same shall also be sent to Registrar.
(4) In all cases where share capital is to be refunded, valuation of the shares shall be
made in accordance with the provisions contained in rule 27
(5) Irrespective of the nature of liability of a co-operative society, the share capital
subscribed by the Government in a co-operative society or by a Apex/ Federal/
Central will be retrieved in such a manner and during such period as may be
determined by the Registrar from time to time.
Hope the Rule 27 of DCS 2007 clarifies your questions in detail. 
Thus you may have to wait for 90 days and not sixty days.
T Kalaiselvan
Advocate, Vellore
14090 Answers
127 Consultations
5.0 on 5.0
Possession of payment receipts and share certificate does not confer on you the right to withdraw the resignation. There is no law which provides for withdrawal of resignation within 30 days. If you gave the resignation in writing, the management has to accept the same in writing. You have the oppoutunity to withdraw the resignation before it gets accepted. In your case, if there is no official response in writing from management side, you can withdraw your resignation through another official letter and keep the copy of the letter with you, but this is likely to be contested by the management.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0

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