Short Answer

No, the society cannot unilaterally change rules about complaints without member approval.

Detailed Explanation

Section 12 of the Gujarat Cooperative Societies Act, 1961 states that the bylaws of a cooperative society must be registered with the Registrar. Any changes to these bylaws must also be approved by the Registrar. This means that any alterations to rules regarding complaints within the society require proper approval and registration with the Registrar, ensuring transparency and adherence to legal procedures.

Furthermore, Rule 56 of the Gujarat Cooperative Societies Rules, 1965 specifies that any amendment to the bylaws of a society must be proposed by the committee and approved by a two-thirds majority of members present at a general meeting. This reinforces the requirement for member approval when changing rules related to complaints within the society.

In practice, if a society attempts to unilaterally change rules about complaints without member approval, it would be in violation of the cooperative laws. Members have the right to challenge such changes by filing a complaint with the Registrar, highlighting the non-compliance with the Act and Rules. The Registrar would then investigate the matter and take necessary actions to ensure compliance with the legal framework.

Real-world Scenarios

• Scenario 1: A cooperative society committee decides to amend the complaint resolution process without consulting the members. Members can raise objections and demand that the changes be put to a vote at a general meeting as per Rule 56.

• Scenario 2: The society introduces a new rule restricting the types of complaints that can be filed without member approval. Members can challenge this change by submitting a formal complaint to the Registrar, citing the violation of Section 12 of the Act.

Reference

• Section 12 of the Gujarat Cooperative Societies Act, 1961: Official PDF

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