Short Answer

Yes, both a member and the Registrar have the right to challenge a by-law that appears unfair.

Detailed Explanation

Section 13 of the Gujarat Cooperative Societies Act, 1961 empowers the Registrar to scrutinize and approve the by-laws of cooperative societies. If the Registrar believes that a particular by-law is unjust or unreasonable, they have the authority to reject it or suggest modifications. This provision ensures that the by-laws are fair and in compliance with the law.

Furthermore, Rule 18 of the Gujarat Cooperative Societies Rules, 1965 outlines the procedure for challenging a by-law. Any member who feels aggrieved by a by-law can file a complaint with the Registrar. The Registrar will then investigate the matter and may intervene if the by-law is found to be discriminatory, arbitrary, or against the interests of the members.

In practice, if a member or the Registrar believes that a by-law is prejudicial or unjust, they can raise their concerns through the prescribed channels. The Registrar plays a crucial role in ensuring that the by-laws of cooperative societies are equitable and serve the collective interests of the members.

Practical Examples

• Scenario 1: A cooperative society introduces a by-law imposing exorbitant fines on members for minor violations. A member finds this unfair and files a complaint with the Registrar under Rule 18.

• Scenario 2: A by-law is passed that gives preferential treatment to certain members over others. The Registrar intervenes after receiving a complaint from a member and directs the society to amend the by-law.

• Scenario 3: A by-law restricting the rights of certain members without valid reasons is challenged by both a member and the Registrar, leading to its revision to ensure fairness.

References

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

• Rule 18 of the Gujarat Cooperative Societies Rules, 1965: Official PDF