Short Answer

Yes, the Registrar has the authority to disqualify committee members who disobey his orders.

Detailed Explanation

Section 77 of the Gujarat Cooperative Societies Act, 1961 empowers the Registrar to disqualify committee members who fail to comply with his orders. This section states that if any committee member disobeys the orders or directions of the Registrar, the Registrar may disqualify such member. This provision is crucial in ensuring the smooth functioning and compliance within cooperative societies.

In practice, this means that if a committee member refuses to adhere to the directives issued by the Registrar, such as failing to submit required documents or violating regulatory guidelines, the Registrar can take action against them. This action may include disqualifying the member from their position within the committee.

Real-world scenarios where this provision may come into play include instances where committee members refuse to implement necessary changes mandated by the Registrar, leading to non-compliance issues within the cooperative society. By having the authority to disqualify such members, the Registrar can maintain discipline and accountability within the society.

The process of disqualification typically involves the Registrar issuing a show-cause notice to the erring committee member, providing them with an opportunity to explain their actions. Following this, if the Registrar deems the disobedience to be substantial, they can pass an order disqualifying the member from their position.

Practical Examples

• In a cooperative society, the Registrar directs the committee members to conduct a financial audit within a specified timeframe. If a committee member consistently delays or refuses to cooperate with the audit process, the Registrar can disqualify them for disobeying the order.

• If the Registrar instructs the committee members to hold regular meetings for decision-making purposes, and a member consistently fails to attend or participate in these meetings, the Registrar can take action to disqualify them for non-compliance.

References

• Section 77 of the Gujarat Cooperative Societies Act, 1961: [Official PDF]