Short Answer

Yes, a society can adopt the standard "model by-laws" provided by the state, and it is mandatory to do so.

Detailed Explanation

Rule 4 of the Gujarat Cooperative Societies Rules, 1965 states that every cooperative housing society shall adopt the model by-laws prescribed by the state government. This means that societies are required to follow the standard by-laws provided by the state without any modifications. These model by-laws cover various aspects such as membership, rights and duties of members, management of the society, meetings, elections, etc.

In practice, adopting the model by-laws ensures uniformity and compliance with the legal framework governing cooperative societies. It helps in maintaining transparency, accountability, and smooth functioning within the society. Failure to adopt the prescribed by-laws may lead to non-compliance issues and legal challenges for the society.

Real-world Scenarios

• Scenario 1: A newly formed cooperative housing society in Gujarat decides to adopt its own by-laws instead of the model ones provided by the state government. This leads to confusion among members and potential legal disputes regarding the validity of the by-laws.

• Scenario 2: A society that has been operating for years without adopting the model by-laws suddenly faces a legal issue related to membership rights. The absence of standardized rules creates ambiguity and hampers the resolution process.

• Scenario 3: A society successfully adopts the model by-laws and experiences smoother operations, efficient decision-making processes, and better member engagement due to the clarity provided by the standardized rules.

Reference

• Rule 4 of the Gujarat Cooperative Societies Rules, 1965

• Official PDF