Legal Remedies and Registrar Complaints
What is the procedure to request the Registrar to inquire into society affairs (for example, misuse of funds)?
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Short Answer
To request the Registrar to inquire into society affairs, including misuse of funds, one must follow the procedure outlined in the Gujarat Cooperative Societies Act, 1961.
Detailed Explanation
Section 70 of the Gujarat Cooperative Societies Act, 1961 empowers the Registrar to inquire into the affairs of a society on receipt of a written application from a member or members of the society. The member(s) must submit a detailed complaint outlining the specific issues, such as the misuse of funds, that they want the Registrar to investigate. The Registrar will then examine the complaint and determine whether an inquiry is warranted based on the allegations made.
Furthermore, Rule 55 of the Gujarat Cooperative Societies Rules, 1965 specifies the procedure for filing a complaint with the Registrar. The member(s) must submit the complaint in writing to the Registrar, providing all relevant details and supporting documents to substantiate their claims of misconduct or mismanagement within the society. The Registrar will then initiate an inquiry into the society's affairs to investigate the alleged misuse of funds or any other irregularities.
Practical Examples
Mr. Patel, a member of a cooperative housing society, suspects that the society's funds are being misused by the management committee. He files a written complaint with the Registrar under Section 70 of the Act, detailing the financial discrepancies and requesting an investigation.
A group of farmers in a cooperative agricultural society raise concerns about embezzlement of funds by the society's officials. They collectively submit a complaint to the Registrar as per Rule 55 of the Rules, providing evidence of the alleged financial misconduct.
References
Section 70 of the Gujarat Cooperative Societies Act, 1961: Official PDF
Rule 55 of the Gujarat Cooperative Societies Rules, 1965: Official PDF
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