Legal Remedies and Registrar Complaints

Can a member complain if the society does not provide copies of the by-laws or accounts as required?

Yes, a member can complain if the society does not provide copies of the by-laws or accounts as required.

Yes, a member can complain if the society does not provide copies of the by-laws or accounts as required.

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Short Answer

Yes, a member can complain if the society does not provide copies of the by-laws or accounts as required.

Detailed Explanation

Section 32 of the Gujarat Cooperative Societies Act, 1961 empowers a member to file a complaint with the Registrar if the society fails to provide copies of the by-laws or accounts as required. This section mandates that every member of a cooperative society has the right to inspect the by-laws and annual accounts of the society. If the society denies access to these documents, the member can approach the Registrar for redressal.

Furthermore, Rule 74 of the Gujarat Cooperative Societies Rules, 1965 elaborates on the procedure for filing a complaint with the Registrar. This rule specifies the format and details required in the complaint, ensuring that the Registrar can effectively address the issue raised by the member. The Registrar, upon receiving the complaint, will investigate the matter and take necessary actions to ensure compliance with the provisions of the Act.

In practice, if a member is denied access to the by-laws or accounts by the society, they can first request the documents in writing. If the society still refuses, the member can proceed to file a formal complaint with the Registrar. The Registrar will then intervene to resolve the dispute and ensure that the member's rights are upheld.

Practical Examples

  • Scenario 1: Mr. Patel, a member of a cooperative society, requests a copy of the by-laws for reference but is denied by the society. He can file a complaint under Section 32 of the Act.

  • Scenario 2: Ms. Shah, a member, asks for the annual accounts of the society but faces resistance from the management. She can file a complaint following the procedure outlined in Rule 74 of the Rules.

References

  • Section 32 of the Gujarat Cooperative Societies Act, 1961: Official PDF

  • Rule 74 of the Gujarat Cooperative Societies Rules, 1965: Official PDF

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