Short Answer

Yes, it is advisable to update the statutes or by-laws of a cooperative society periodically to ensure they are in line with current laws and regulations. The process of updating should be recorded in the minutes of the society's meetings.

Detailed Explanation

Section 13 of the Gujarat Cooperative Societies Act, 1961 empowers the society to make and amend its by-laws. This means that cooperative societies have the authority to update their statutes or by-laws as needed. It is essential to periodically review and revise these by-laws to align with any changes in the legal framework or operational requirements. The process of updating the statutes or by-laws typically involves proposing amendments, discussing them in society meetings, obtaining approval from the members, and finally recording the changes in the minutes of the meeting.

Rule 56 of the Gujarat Cooperative Societies Rules, 1965 specifies the procedure for amending the by-laws of a cooperative society. This rule outlines the steps to be followed, including giving notice of the proposed amendment, discussing it in a general meeting, and obtaining the required majority for approval. Once the amendments are approved, they should be recorded in the minutes of the meeting along with the date of approval and the members' consensus.

In practice, cooperative societies should conduct regular reviews of their statutes or by-laws to ensure they remain relevant and compliant with the law. Any necessary updates should be proposed, discussed, and documented in the society's official records. Failure to keep the statutes or by-laws updated may lead to legal complications or non-compliance issues in the future.

Practical Examples

• XYZ Cooperative Society conducts an annual review of its by-laws and identifies the need to update certain provisions related to membership criteria. The proposed amendments are discussed in a general meeting, approved by the majority of members, and recorded in the meeting minutes.

• ABC Housing Cooperative Society revises its statutes to incorporate new regulations introduced by the state government. The amendments are proposed, debated, and documented during a special meeting called for this purpose.

References

• Gujarat Cooperative Societies Act, 1961: Section 13

• Gujarat Cooperative Societies Rules, 1965: Rule 56