Short Answer

No, the Gujarat Cooperative Societies Act, 1961, and Gujarat Cooperative Societies Rules, 1965 govern society agreements and disputes within cooperative societies in Gujarat.

Detailed Explanation

The Gujarat Cooperative Societies Act, 1961, specifically Section 91, clearly states that the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force. This means that the Act is comprehensive and overrides any other laws, including the Indian Contracts Act, concerning cooperative societies in Gujarat.

Furthermore, Rule 165 of the Gujarat Cooperative Societies Rules, 1965, reinforces this by stating that the Act and Rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law. Therefore, any agreements or disputes within cooperative societies in Gujarat are solely governed by the provisions of the Gujarat Cooperative Societies Act, 1961, and Rules, 1965.

In practice, this means that any contractual agreements, disputes, or remedies sought within cooperative societies in Gujarat must be addressed within the framework provided by the Gujarat Cooperative Societies Act and Rules. Any attempt to apply other laws, such as the Indian Contracts Act, would not be valid in the context of cooperative societies in Gujarat.

Practical Examples

• Scenario 1: A dispute arises between two members of a cooperative society regarding the terms of a loan agreement. The members cannot invoke the Indian Contracts Act but must follow the dispute resolution mechanisms outlined in the Gujarat Cooperative Societies Act.

• Scenario 2: A cooperative society enters into a lease agreement with a third party for its premises. In case of a breach of contract, the society can only seek remedies as per the provisions of the Gujarat Cooperative Societies Act and Rules.

• Scenario 3: A member of a cooperative society wishes to challenge the validity of a resolution passed by the society. The member must file a complaint with the Registrar of Cooperative Societies under the provisions of the Gujarat Cooperative Societies Act.

References

• Section 91 of the Gujarat Cooperative Societies Act, 1961: Official PDF

• Rule 165 of the Gujarat Cooperative Societies Rules, 1965: Official PDF