Short Answer

Yes, if a society's decision violates the Act, members can seek a stay order from the Registrar.

Detailed Explanation

Section 91 of the Gujarat Cooperative Societies Act, 1961 empowers the Registrar to intervene in case of disputes or violations of the Act by societies. The Registrar has the authority to issue stay orders to prevent any action that goes against the provisions of the Act. This provision ensures that the functioning of cooperative societies aligns with the legal framework set by the Act.

In practice, if members of a society believe that a decision taken by the society is in violation of the Act, they can file a complaint with the Registrar. The Registrar will then examine the complaint, conduct necessary investigations, and if the violation is confirmed, may issue a stay order to halt the implementation of the decision until the matter is resolved.

Real-world Scenarios

• Scenario 1: A cooperative society decides to undertake a major construction project without obtaining the required approvals as per the Act. Members concerned about the legality of the project can approach the Registrar for a stay order to prevent any further progress until compliance is ensured.

• Scenario 2: In a society meeting, a decision is taken to amend the bylaws in a manner that contradicts the provisions of the Act. Members opposed to the amendment can seek a stay order from the Registrar to prevent its implementation.

Step-by-step process:

• Identify the violation of the Act by the society.

• Submit a formal complaint to the Registrar detailing the violation.

• The Registrar will investigate the matter.

• If the violation is confirmed, the Registrar may issue a stay order.

Reference

• Section 91 of the Gujarat Cooperative Societies Act, 1961: Official PDF