Parking, Common Areas, and By-Laws
Are unauthorized alterations (like grills on staircase) punishable under by-laws?
Written By: GatePal Analyst
Last Updated on
Short Answer
Yes, unauthorized alterations such as installing grills on staircases can be punishable under the by-laws of cooperative societies.
Detailed Explanation
Rule 56 of the Gujarat Cooperative Societies Rules, 1965 empowers the society to make by-laws for the management of the society. These by-laws can include provisions regarding the maintenance and use of common areas like staircases. Any unauthorized alterations that violate these by-laws can be considered a breach of the cooperative society's rules.
Section 84 of the Gujarat Cooperative Societies Act, 1961 provides for penalties for contravention of the Act, rules, or by-laws. If a member of the cooperative society makes unauthorized alterations like installing grills on staircases against the by-laws, the society can take disciplinary action against them. This can range from fines to eviction from the society, depending on the severity of the violation.
Practical Examples
Scenario 1: A member of a cooperative society installs grills on the staircase without obtaining permission from the managing committee. The society can levy a fine on the member as per the by-laws.
Scenario 2: A resident repeatedly makes unauthorized alterations despite warnings from the society. In such cases, the society can take legal action and even terminate the membership of the individual.
Reference
Gujarat Cooperative Societies Act, 1961: Rule 56, Section 84
Gujarat Cooperative Societies Rules, 1965: Rule 56
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