Short Answer

Yes, there are legal requirements for society by-laws to be worded or approved besides registration.

Detailed Explanation

Section 13 of the Gujarat Cooperative Societies Act, 1961 states that every cooperative society must have by-laws that govern its operations. These by-laws need to be approved by the Registrar of Cooperative Societies. The by-laws should cover various aspects such as membership, rights and duties of members, management structure, conduct of meetings, financial matters, and dispute resolution mechanisms. The approval ensures that the by-laws are in compliance with the law and protect the interests of the society and its members.

Rule 14 of the Gujarat Cooperative Societies Rules, 1965 further elaborates on the requirements for drafting and approving society by-laws. It specifies the format and content that should be included in the by-laws. The by-laws should be clear, unambiguous, and in accordance with the provisions of the Act and Rules. Any amendments to the by-laws also need to be approved by the Registrar to ensure consistency and legality.

In practice, society by-laws play a crucial role in governing the functioning of cooperative societies. They provide a framework for decision-making, conflict resolution, and overall management of the society. By having approved and well-worded by-laws, societies can operate smoothly, minimize disputes, and ensure transparency and accountability in their operations.

Real-world Scenarios

• Scenario 1: A cooperative housing society drafts its by-laws outlining the process for electing the managing committee, collecting maintenance fees, and resolving disputes among members. These by-laws are submitted to the Registrar for approval to ensure compliance with the law.

• Scenario 2: A cooperative credit society updates its by-laws to include provisions for digital transactions and online meetings in response to technological advancements. The amended by-laws are approved by the Registrar before implementation.

• Scenario 3: A dispute arises between members regarding the interpretation of a particular by-law related to parking spaces. The society refers the matter to the Registrar for clarification and resolution as per the approved by-laws.

References

• Section 13 of the Gujarat Cooperative Societies Act, 1961: Official PDF

• Rule 14 of the Gujarat Cooperative Societies Rules, 1965: Official PDF