Short Answer

The society must comply with the Registrar's order invalidating the by-law.

Detailed Explanation

Section 13 of the Gujarat Cooperative Societies Act, 1961 empowers the Registrar to invalidate any by-law if it is found to be in contravention of the Act or Rules. This means that if the Registrar issues an order invalidating a by-law of the society, the society is legally obligated to comply with this order. In practice, this would require the society to immediately cease enforcing or implementing the invalidated by-law.

Furthermore, Rule 18 of the Gujarat Cooperative Societies Rules, 1965 provides the procedure for challenging the Registrar's order invalidating a by-law. The society can appeal against this order within the prescribed time frame to the appropriate authority as per the Rules. However, until the order is set aside through the appeal process, the society must adhere to the invalidated by-law.

For example, if a cooperative housing society passes a by-law imposing additional parking charges on members, and the Registrar finds this by-law to be in violation of the Act, the Registrar may issue an order invalidating it. In such a scenario, the society must stop collecting the additional parking charges from its members as per the Registrar's order.

In another scenario, if a cooperative society introduces a by-law restricting the use of common areas in a manner that goes against the Act, and the Registrar declares this by-law invalid, the society must ensure that the restrictions are lifted and members are allowed full access to the common areas as per the Registrar's order.

Overall, when a Registrar's order invalidates a by-law, the society's obligation is to immediately cease enforcing the invalidated by-law and comply with the order until and unless it is overturned through the prescribed appeal process.

References

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

• Rule 18 of the Gujarat Cooperative Societies Rules, 1965: [Official PDF]