Legal Remedies and Registrar Complaints
Are disputes over society decisions (like a fine) adjudicated under the co-op Act or normal civil law?
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Short Answer
Disputes over society decisions, including fines, are adjudicated under the Gujarat Cooperative Societies Act, 1961.
Detailed Explanation
Section 91 of the Gujarat Cooperative Societies Act, 1961 deals with disputes. This section empowers the Registrar of Cooperative Societies to adjudicate disputes arising within a cooperative society. The Registrar has the authority to resolve conflicts related to society decisions, including fines imposed by the society. This means that disputes over fines or any other society decisions are to be resolved through the mechanisms provided under the Cooperative Societies Act.
Furthermore, Rule 106 of the Gujarat Cooperative Societies Rules, 1965 outlines the procedure for filing complaints with the Registrar. Members of a cooperative society can file complaints regarding fines or any other disputes with the Registrar for resolution. The Registrar will then investigate the matter and provide a decision based on the provisions of the Act and Rules.
In practice, if a member of a cooperative society disagrees with a fine imposed by the society, they can file a complaint with the Registrar as per the prescribed procedure. The Registrar will conduct an inquiry, hear both parties, and make a decision based on the evidence and provisions of the Cooperative Societies Act. This process ensures that disputes over society decisions, such as fines, are resolved within the framework of the cooperative laws.
Practical Examples
Scenario 1: A member of a cooperative housing society is fined for violating society rules. The member disagrees with the fine and files a complaint with the Registrar under Section 91 of the Gujarat Cooperative Societies Act.
Scenario 2: A cooperative society imposes a penalty on a member for non-payment of dues. The member challenges the penalty by lodging a complaint with the Registrar under Rule 106 of the Gujarat Cooperative Societies Rules.
References
Section 91 of the Gujarat Cooperative Societies Act, 1961: Official PDF
Rule 106 of the Gujarat Cooperative Societies Rules, 1965: Official PDF
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