Parking, Common Areas, and By-Laws

If a by-law was amended at a general meeting, do we have to publish it for members?

Yes, as per the Gujarat Cooperative Societies Act, 1961 and Rules, any amendment to a by-law made at a general meeting must be published for the members.

Yes, as per the Gujarat Cooperative Societies Act, 1961 and Rules, any amendment to a by-law made at a general meeting must be published for the members.

Written By: GatePal Analyst

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Short Answer

Yes, as per the Gujarat Cooperative Societies Act, 1961 and Rules, any amendment to a by-law made at a general meeting must be published for the members.

Detailed Explanation

Section 13 of the Gujarat Cooperative Societies Act, 1961 states that the by-laws of a cooperative society can be amended by a resolution passed at a general meeting. Rule 35 of the Gujarat Cooperative Societies Rules, 1965 further elaborates on the procedure for amending the by-laws. After the amendment is passed at the general meeting, it must be published for the members to be aware of the changes.

In practice, this means that once a by-law is amended at a general meeting, the society must ensure that the updated version is made available to all members. This can be done through physical copies distributed to each member or by posting the amended by-law on the society's notice board or website.

Real-world Scenarios

  • Scenario 1: A cooperative society holds a general meeting and passes a resolution to amend the parking by-law to increase the monthly parking fee. The society then publishes the amended by-law on its notice board for all members to see.

  • Scenario 2: Another cooperative society updates its common areas by-law to include new rules for the usage of shared spaces. The society sends out physical copies of the amended by-law to all members along with the meeting minutes.

Reference

  • Section 13 of the Gujarat Cooperative Societies Act, 1961

  • Rule 35 of the Gujarat Cooperative Societies Rules, 1965

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