Short Answer

No, if a by-law was improperly registered or not filed, it is not valid.

Detailed Explanation

Rule 14 of the Gujarat Cooperative Societies Rules, 1965 states that every by-law made by a cooperative society shall be registered with the Registrar within 15 days of its passing. Failure to do so renders the by-law invalid. This means that if a by-law is not properly registered as per the rules, it cannot be considered valid or enforceable.

In practice, this requirement ensures transparency and accountability in the functioning of cooperative societies. By mandating the registration of by-laws, the law aims to prevent arbitrary or unauthorized rules from being imposed on members. It also provides a mechanism for oversight by the Registrar to ensure that the by-laws comply with the legal framework.

For example, if a cooperative society passes a by-law regarding parking restrictions in the society premises but fails to register it within the stipulated time, members can challenge the validity of such a by-law. In such a scenario, the by-law would not hold legal standing due to non-compliance with the registration requirement.

Another practical scenario could involve a situation where a by-law related to the maintenance of common areas is not filed with the Registrar as required. In this case, if any disputes arise regarding the implementation of this by-law, it may not be upheld in legal proceedings due to its invalid status resulting from non-registration.

Overall, the proper registration of by-laws is crucial to ensure that cooperative societies operate within the legal framework and uphold the rights of their members.

References

• Rule 14 of the Gujarat Cooperative Societies Rules, 1965: [Official PDF]