Short Answer

The original society formation documents take precedence over any contradictory by-laws.

Detailed Explanation

Section 13 of the Gujarat Cooperative Societies Act, 1961 states that the by-laws of a cooperative society must be consistent with the Act and the rules. If a by-law contradicts the original society formation documents, the original documents prevail. This means that the provisions laid out during the formation of the society hold more weight than any subsequently created by-laws. In practice, this ensures that the fundamental principles and rules established at the inception of the society remain intact and cannot be overridden by any conflicting by-laws.

For example, if the original society formation documents specify a certain parking allocation system for members, but a newly introduced by-law attempts to change this allocation method, the original documents would take precedence. Similarly, if the society's formation documents outline specific rules regarding the usage of common areas, any by-law attempting to alter these rules would be deemed invalid.

In real-world scenarios, this provision serves to maintain the integrity and consistency of the cooperative society's foundational principles. It prevents arbitrary changes through by-laws that may deviate from the core values and agreements established at the time of the society's creation. Members can rely on the original documents as the ultimate authority in case of conflicts with subsequently introduced by-laws.

Another practical example could involve disputes over the allocation of maintenance responsibilities for common areas. If the original society formation documents clearly assign these responsibilities, any conflicting by-law attempting to shift the burden would be superseded by the original provisions.

Overall, the Gujarat Cooperative Societies Act ensures that the original society formation documents serve as the primary governing authority, maintaining stability and adherence to the foundational principles agreed upon by the society members.

References

• Section 13 of the Gujarat Cooperative Societies Act, 1961: Official PDF