Short Answer

Violations of cooperative by-laws are generally considered civil matters.

Detailed Explanation

Section 84 of the Gujarat Cooperative Societies Act, 1961 deals with penalties for non-compliance with the Act, rules, or by-laws. It states that any member who contravenes the provisions of the Act, rules, or by-laws shall be liable to pay a penalty. This penalty is a civil liability imposed on the member for breaching the cooperative society's regulations.

Rule 56 of the Gujarat Cooperative Societies Rules, 1965 further elaborates on the penalties for non-compliance with the by-laws. It specifies the procedure for imposing fines or penalties on members who violate the cooperative society's by-laws. These penalties are typically monetary in nature and are meant to enforce compliance with the society's rules and regulations.

In practice, violations of cooperative by-laws are primarily addressed through internal disciplinary measures within the cooperative society. The society may impose fines, penalties, or other sanctions on members who breach the by-laws. These actions are taken to maintain order, discipline, and adherence to the rules governing the cooperative society.

Real-world Scenarios

• Scenario 1: A member of a cooperative society consistently violates the parking rules specified in the by-laws by parking in unauthorized areas. The society imposes a fine on the member for each violation to deter further non-compliance.

• Scenario 2: A member fails to adhere to the regulations regarding the usage of common areas as outlined in the by-laws. The society issues a warning initially and escalates to imposing a penalty if the violation persists.

Overall, violations of cooperative by-laws are typically treated as civil matters, and the society has the authority to enforce compliance through internal disciplinary actions and penalties.

Reference

• Section 84 of the Gujarat Cooperative Societies Act, 1961: Official PDF

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