Short Answer

Subleases or temporary rentals may be treated differently than formal leases under the Gujarat Cooperative Societies Act, 1961, Gujarat Cooperative Societies Rules, 1965, and Gujarat RERA Act and Rules.

Detailed Explanation

According to Section 63 of the Gujarat Cooperative Societies Act, 1961, subletting of a cooperative society's premises without prior written consent from the society is prohibited. This means that subleases are generally not allowed unless explicitly permitted by the society through a formal process. In practice, this provision aims to maintain control over the occupancy and use of the premises to ensure compliance with the society's regulations and prevent unauthorized occupants.

Additionally, Rule 113 of the Gujarat Cooperative Societies Rules, 1965, provides guidelines on the procedure for obtaining consent for subletting. This rule outlines the necessary steps and documentation required for seeking approval for subleases, emphasizing transparency and adherence to the society's bylaws. In real-world scenarios, this rule helps in regulating subleases within cooperative societies and ensures that all transactions are conducted legally and with the society's knowledge.

In a different context, the Gujarat RERA Act and Rules may also impact the treatment of temporary rentals within cooperative societies. For instance, under the RERA rules, temporary rentals of residential premises for a period exceeding 90 days may be considered as a lease agreement and subject to registration and compliance with RERA regulations. This distinction between temporary rentals and formal leases highlights the importance of understanding the legal implications of different types of occupancy arrangements within cooperative societies.

Practical Examples

• Scenario 1: A member of a cooperative society sublets their apartment to a tenant without obtaining consent from the society. As per Section 63 of the Gujarat Cooperative Societies Act, this sublease would be considered unauthorized, leading to potential legal consequences for the member.

• Scenario 2: A cooperative society allows temporary rentals of its vacant units for short durations. If these rentals exceed 90 days, they may fall under the purview of the Gujarat RERA Act, requiring registration and compliance with RERA provisions.

• Scenario 3: A society member seeks approval for subletting their premises as per Rule 113 of the Gujarat Cooperative Societies Rules, following the prescribed procedure and submitting the necessary documents for consideration.

References

• Gujarat Cooperative Societies Act, 1961: Section 63

• Gujarat Cooperative Societies Rules, 1965: Rule 113

• Gujarat RERA Act and Rules