Short Answer

If a society officer violates society law but acts in good faith, there is no specific immunity provided under the Gujarat Cooperative Societies Act, 1961, Gujarat Cooperative Societies Rules, 1965, or Gujarat RERA Act and Rules.

Detailed Explanation

According to Section 73 of the Gujarat Cooperative Societies Act, 1961, any officer of a cooperative society who willfully neglects his duties or commits any fraud or misappropriation of funds is liable for penalties or imprisonment. This section does not provide immunity based on good faith. Therefore, even if the officer acted in good faith, they can still be held accountable for their actions under this section.

Similarly, Rule 142 of the Gujarat Cooperative Societies Rules, 1965, outlines the procedure for filing complaints against society officers for misconduct. If an officer violates society laws but claims good faith, the Registrar can investigate the matter and take appropriate action as per the rules. Good faith may be considered as a mitigating factor during the proceedings, but it does not grant immunity from penalties or consequences.

In practice, if a society officer breaches the law but can prove that they acted in good faith, it may influence the decision-making process during any legal proceedings or complaints filed against them. However, it does not absolve them of their responsibilities or potential liabilities under the relevant laws.

Real-world Scenarios

• Scenario 1: A society treasurer invests society funds in a risky venture without proper authorization but genuinely believes it will benefit the society. Despite good intentions, the treasurer can still be held accountable under Section 73 of the Act for violating financial regulations.

• Scenario 2: A society secretary fails to maintain proper records due to a misunderstanding of the requirements, leading to legal non-compliance. While the secretary may have acted in good faith, they are still subject to penalties under the Act for negligence.

Reference

• Section 73 of the Gujarat Cooperative Societies Act, 1961: [Official PDF]

• Rule 142 of the Gujarat Cooperative Societies Rules, 1965: [Official PDF]