Short Answer

If a by-law is silent on an issue, the default rule is usually equal use or treatment for all members.

Detailed Explanation

Rule 49 of the Gujarat Cooperative Societies Rules, 1965 states that in cases where a by-law is silent on any issue, the provisions of the Act will apply. This means that if a cooperative society's by-law does not address a specific matter, the default rule would be to follow the provisions of the Gujarat Cooperative Societies Act, 1961. In practical terms, this ensures that there is a standard set of rules and regulations that govern the functioning of cooperative societies in Gujarat.

For example, if a cooperative society's by-law does not specify how common areas like parking spaces are to be allocated among members, the default rule of equal use or treatment for all members would apply. This ensures fairness and equality among all members of the society. In real-world scenarios, this default rule helps in avoiding disputes and conflicts among members regarding the use of common areas.

In situations where the by-law is silent on certain issues, members can refer to the Gujarat Cooperative Societies Act, 1961 for guidance on how to proceed. This provides a clear framework for decision-making and ensures that the rights and responsibilities of all members are upheld. The default rule of equal use in such cases promotes harmony and cooperation within the cooperative society.

Another practical example could be in the case of maintenance responsibilities for common areas. If the by-law does not specify which members are responsible for maintaining certain common areas, the default rule of equal sharing of maintenance duties among all members would apply. This ensures that the burden of maintenance is distributed fairly among all members.

Overall, when a by-law is silent on an issue, the default rule of equal use or treatment for all members as per the Gujarat Cooperative Societies Act, 1961 ensures consistency, fairness, and smooth functioning within cooperative societies.

References

• Rule 49 of the Gujarat Cooperative Societies Rules, 1965: [Official PDF]

• Gujarat Cooperative Societies Act, 1961: [Official PDF]