Short Answer

Yes, societies are allowed to cap the number of tenants per flat in the by-laws.

Detailed Explanation

Rule 56 of the Gujarat Cooperative Societies Rules, 1965 empowers cooperative housing societies to frame by-laws regulating the use and occupation of flats. These by-laws can include provisions regarding the number of tenants per flat. By-laws are essentially rules and regulations that govern the functioning of the society and its members. They are created by the society's general body and must be in conformity with the Gujarat Cooperative Societies Act, 1961.

In practice, societies can set limits on the number of tenants per flat to ensure proper management, maintenance, and peaceful coexistence among residents. This can help prevent overcrowding, strain on resources, and potential conflicts. By imposing such restrictions, societies aim to maintain a harmonious living environment for all members.

For example, a cooperative housing society may decide to cap the number of tenants per flat at a maximum of four individuals to prevent overcrowding and ensure adequate living space for each resident. This rule can be included in the society's by-laws during a general body meeting and must be communicated to all members for compliance.

Another scenario could involve a society facing issues of noise disturbances and property damage due to excessive occupancy in certain flats. In such cases, the society may introduce a by-law limiting the number of tenants per flat to address these concerns effectively.

Overall, the power to cap the number of tenants per flat through by-laws enables cooperative housing societies to maintain order, uphold quality of life standards, and promote a sense of community among residents.

References

• Rule 56 of the Gujarat Cooperative Societies Rules, 1965: Official PDF

• Gujarat Cooperative Societies Act, 1961