Short Answer

To ensure your housing society’s membership rules do not conflict with the Gujarat Cooperative Societies Act, 1961, all bylaws and amendments must strictly align with the provisions of the Act and the Gujarat Cooperative Societies Rules, 1965, and must be approved by the Registrar of Cooperative Societies before implementation.

Detailed Explanation

The Gujarat Cooperative Societies Act, 1961 and its corresponding Rules, 1965 form the legal framework that governs all cooperative housing societies in the state. These laws specify the eligibility criteria, rights, and duties of members. Therefore, any rule framed by a society regarding membership must not contradict these statutory provisions.

According to Section 13, Section 23, and Section 74 of the Act, and Rule 5 of the Rules, every society must adopt bylaws that are consistent with the Act. The Registrar of Cooperative Societies is responsible for reviewing and approving these bylaws. This ensures that no society can enforce a rule that limits membership rights, disqualifies eligible persons, or creates conditions beyond what the law permits.

To maintain compliance:

Align with the Act and Rules: Ensure that all membership conditions (eligibility, admission, associate membership, disqualification, transfer, etc.) match those mentioned in the Act and Rules.

Registrar Approval: Submit any new or amended bylaws to the Registrar for verification and approval under Section 13(2). Only approved bylaws are legally valid.

Periodic Legal Review: Societies should periodically consult with a cooperative law expert or auditor to ensure their bylaws remain up to date with any legal amendments.

Transparency: Communicate the approved bylaws to all members to avoid disputes or claims of bias.

If any bylaw or rule framed by the society conflicts with the Act, it becomes void to the extent of the conflict, and the provisions of the Act will prevail.

Real-world Scenarios

• A society adds a rule that only residents of a particular religion can become members. This contradicts Section 13 of the Act (which guarantees equal eligibility), and the Registrar will reject such a bylaw.

• A society tries to impose an extra admission fee beyond what the Act allows. Such a rule is invalid, and members can challenge it before the Registrar.

• A society regularly updates its bylaws in consultation with the District Registrar, ensuring all membership rules remain legally compliant and transparent.

References

• Section 13, 23, and 74 – Gujarat Cooperative Societies Act, 1961: Official PDF

• Rule 5 – Gujarat Cooperative Societies Rules, 1965: Official PDF