Legal Remedies and Registrar Complaints
Does the Act provide for restraining orders against society actions (like forbidding meetings)?
Written By: GatePal Analyst
Last Updated on
Short Answer
Yes, the Gujarat Cooperative Societies Act, 1961 does provide for restraining orders against society actions, including forbidding meetings.
Detailed Explanation
Section 64 of the Gujarat Cooperative Societies Act, 1961 empowers the Registrar to issue restraining orders against society actions. This section states that if the Registrar is satisfied that any society is acting in a manner prejudicial to the interest of its members or the public, he may issue an order restraining the society from taking certain actions, including holding meetings. This provision is crucial in ensuring that the functioning of cooperative societies is in line with the law and protects the interests of the members and the public.
In practice, if a society is found to be conducting its affairs in a manner detrimental to its members or the public, the Registrar can intervene by issuing a restraining order. For example, if a society is planning to hold a meeting that goes against the bylaws or is likely to harm the interests of its members, the Registrar can prohibit the society from conducting that meeting until the issues are resolved.
Real-world Scenarios
Scenario 1: A cooperative society is planning to hold a meeting to pass a resolution that would unfairly benefit a few members at the expense of others. The Registrar, upon receiving a complaint or conducting an investigation, can issue a restraining order to prevent the meeting from taking place until the matter is resolved.
Scenario 2: A society is conducting meetings in violation of the cooperative laws, causing unrest among its members. The Registrar can step in and issue a restraining order to halt further meetings until compliance is ensured.
Reference
Section 64 of the Gujarat Cooperative Societies Act, 1961: Official PDF
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