Short Answer

The society by-laws and the Cooperative Societies Act work together to govern disputes within cooperative societies.

Detailed Explanation

Section 13 of the Gujarat Cooperative Societies Act, 1961 states that every society must have its own by-laws to govern its internal affairs. These by-laws are like the society's internal rulebook, detailing how the society will function, including dispute resolution mechanisms. The by-laws must be in conformity with the provisions of the Act to ensure legal compliance.

On the other hand, Section 91 of the Act empowers the Registrar to resolve disputes between members, past members, and other societies. If there is a conflict between the by-laws and the Act, the Act will prevail as it is the primary legislation governing cooperative societies in Gujarat. The Registrar can intervene to ensure that the society follows the Act and its provisions.

In practice, if there is a dispute within a cooperative society that cannot be resolved internally following the by-laws, the affected party can approach the Registrar for intervention. The Registrar will then examine the case, apply the relevant provisions of the Act, and provide a resolution in accordance with the law.

Real-world Scenarios

• Scenario 1: A dispute arises between two members of a cooperative society regarding the allocation of parking spaces. The society's by-laws specify a particular process for resolving such disputes. If the members are unable to reach a resolution, they can approach the Registrar for assistance under Section 91 of the Act.

• Scenario 2: A society's by-laws state that all decisions must be made by a majority vote in the general body meeting. However, a member challenges a decision claiming it violates the Act. The Registrar can step in to ensure that the decision is in compliance with the Act's provisions.

• Scenario 3: In a cooperative housing society, there is a disagreement over the maintenance charges levied by the society. If the members are unable to resolve the issue internally, they can seek redressal from the Registrar under the Act.

References

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

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