Legal Remedies and Registrar Complaints

If there is a cross-complaint (society vs member and vice versa), how are they handled?

Cross-complaints between a cooperative society and its members are handled through the legal remedies provided under the Gujarat Cooperative Societies Act, 1961.

Cross-complaints between a cooperative society and its members are handled through the legal remedies provided under the Gujarat Cooperative Societies Act, 1961.

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Short Answer

Cross-complaints between a cooperative society and its members are handled through the legal remedies provided under the Gujarat Cooperative Societies Act, 1961.

Detailed Explanation

Section 70 of the Gujarat Cooperative Societies Act, 1961 deals with disputes between a cooperative society and its members. This section empowers the Registrar of Cooperative Societies to intervene and resolve such disputes. In practice, when a cross-complaint arises, both the society and the member can file their grievances with the Registrar. The Registrar will then conduct an inquiry, hear both parties, and attempt to mediate a resolution.

Furthermore, Rule 123 of the Gujarat Cooperative Societies Rules, 1965 outlines the procedure for filing complaints with the Registrar. This rule specifies the format and content requirements for complaints, ensuring that all relevant details are provided for a thorough investigation. In real-world scenarios, if a society and a member have conflicting claims or grievances, they can submit their complaints to the Registrar for adjudication.

For example, if a cooperative society accuses a member of non-payment of dues while the member alleges mismanagement by the society, both parties can approach the Registrar with their complaints. The Registrar will then investigate the matter, consider evidence from both sides, and make a decision based on the provisions of the Act and Rules.

In another scenario, if a society fails to provide promised amenities to a member who, in turn, refuses to pay maintenance charges, both parties can seek redressal through the Registrar. The Registrar will ensure a fair hearing for both sides and may issue directives or orders to resolve the dispute.

In conclusion, cross-complaints between cooperative societies and their members are addressed through the intervention of the Registrar as per the provisions of the Gujarat Cooperative Societies Act, 1961 and Rules, 1965. The process aims to facilitate a fair and impartial resolution of disputes to maintain harmony within the cooperative society.

References

  • Section 70 of the Gujarat Cooperative Societies Act, 1961: Official PDF

  • Rule 123 of the Gujarat Cooperative Societies Rules, 1965: Official PDF

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