Short Answer

Violating a society by-law typically does not amount to a criminal offense; it is usually considered a civil issue.

Detailed Explanation

Section 73 of the Gujarat Cooperative Societies Act, 1961 deals with the penalties for offenses. It states that any person who contravenes the provisions of the Act or the rules made thereunder shall be punishable with imprisonment or fine or both. However, violating a society by-law is not specifically mentioned as a criminal offense under this section. This implies that the breach of a by-law is more likely to be treated as a civil matter rather than a criminal one.

Rule 65 of the Gujarat Cooperative Societies Rules, 1965 provides the procedure for filing complaints with the Registrar. If a member or a society believes that there has been a violation of the by-laws, they can file a complaint with the Registrar of Cooperative Societies. The Registrar will then investigate the matter and take necessary actions as per the provisions of the Act and Rules.

In practice, when a society member breaches a by-law, the society may first try to resolve the issue internally through discussions, warnings, or mediation. If the matter remains unresolved, the society can escalate it to the Registrar for intervention. The Registrar will examine the complaint, conduct an inquiry if required, and issue appropriate directions to ensure compliance with the by-laws.

Real-world Scenarios

• Scenario 1: A society member consistently violates the by-laws related to parking spaces allocation. The society issues warnings and notices but the member continues to breach the by-law. The society can file a complaint with the Registrar for necessary action.

• Scenario 2: A society's office-bearers themselves breach the financial management by-laws by misusing funds. In such cases, members can approach the Registrar to investigate the matter and take corrective measures.

Reference

• Gujarat Cooperative Societies Act, 1961: Section 73

• Gujarat Cooperative Societies Rules, 1965: Rule 65