Parking, Common Areas, and By-Laws

How do we ensure the by-laws passed actually get registered and published officially?

To ensure that the by-laws passed by a cooperative society are officially registered and published, the society must follow the procedures outlined in the Gujarat Cooperative Societies Act, 1961 and the Gujarat Cooperative Societies Rules, 1965.

To ensure that the by-laws passed by a cooperative society are officially registered and published, the society must follow the procedures outlined in the Gujarat Cooperative Societies Act, 1961 and the Gujarat Cooperative Societies Rules, 1965.

Written By: GatePal Analyst

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Short Answer

To ensure that the by-laws passed by a cooperative society are officially registered and published, the society must follow the procedures outlined in the Gujarat Cooperative Societies Act, 1961 and the Gujarat Cooperative Societies Rules, 1965.

Detailed Explanation

Section 13 of the Gujarat Cooperative Societies Act, 1961 states that every cooperative society must make and adopt by-laws for its management and administration. These by-laws need to be registered with the Registrar of Cooperative Societies as per Rule 13 of the Gujarat Cooperative Societies Rules, 1965. The by-laws should be submitted in the prescribed format along with the necessary documents and fees to the Registrar for registration.

Once the by-laws are registered, the society must ensure that they are officially published. Rule 14 of the Gujarat Cooperative Societies Rules, 1965 mandates that a copy of the registered by-laws should be displayed at the registered office of the society for the members to inspect. Additionally, the by-laws should be made available to all members upon request.

In practice, after the by-laws are passed by the society's general body and registered with the Registrar, the society should promptly display the by-laws at its office and circulate copies to all members. This ensures transparency and compliance with the legal requirements.

Real-world Scenarios

  • Scenario 1: A cooperative housing society passes new by-laws related to parking allocation. The society submits these by-laws to the Registrar for registration as per Section 13 of the Act and Rule 13 of the Rules. Once registered, the society displays the by-laws at its office and shares copies with all members.

  • Scenario 2: A cooperative credit society amends its existing by-laws regarding loan disbursement procedures. The amendments are registered with the Registrar, and the updated by-laws are prominently displayed at the society's office for member reference.

Reference

  • Gujarat Cooperative Societies Act, 1961: Section 13

  • Gujarat Cooperative Societies Rules, 1965: Rule 13, Rule 14

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