Parking, Common Areas, and By-Laws
Are joint facilities (like library) subject to different rules than purely common areas?
Written By: GatePal Analyst
Last Updated on
Short Answer
Joint facilities like libraries in cooperative societies may be subject to different rules compared to purely common areas.
Detailed Explanation
Rule 58 of the Gujarat Cooperative Societies Rules, 1965 governs the management of common amenities and facilities in cooperative societies. This rule outlines the responsibilities of the managing committee in maintaining and managing common areas and facilities for the benefit of all members. However, when it comes to joint facilities such as libraries, additional rules or by-laws may be established by the society to regulate their usage, maintenance, and access.
On the other hand, Section 25 of the Gujarat Cooperative Societies Act, 1961 empowers cooperative societies to make by-laws for various purposes, including the regulation of common amenities and facilities. Therefore, if a cooperative society wishes to impose specific rules for joint facilities like libraries, they can do so through the formulation of appropriate by-laws approved by the general body.
In practice, this means that while common areas are generally governed by the provisions of the Act and Rules, joint facilities may have separate regulations in place to ensure their proper management and utilization. For example, a cooperative housing society may have a by-law specifying the operating hours of the library, membership requirements, borrowing limits, and penalties for late returns.
In real-world scenarios, this distinction between common areas and joint facilities allows cooperative societies to tailor their rules according to the nature of the amenities provided. By having separate regulations for joint facilities, societies can ensure efficient management and equitable access to these specialized amenities.
References
Rule 58 of the Gujarat Cooperative Societies Rules, 1965 (https://cooperation.gujarat.gov.in/writereaddata/Portal/Images/pdf/Co_Op_Societies_Rules1965.pdf)
Section 25 of the Gujarat Cooperative Societies Act, 1961 (https://cooperation.gujarat.gov.in/writereaddata/Portal/Images/pdf/Co_Op_Societies_Act1961.pdf)
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