Parking, Common Areas, and By-Laws

Are unauthorized vehicles (like those without permit) a society-level offense or police matter?

Unauthorized vehicles in a cooperative society can be considered a society-level offense.

Unauthorized vehicles in a cooperative society can be considered a society-level offense.

Written By: GatePal Analyst

Last Updated on

Short Answer

Unauthorized vehicles in a cooperative society can be considered a society-level offense.

Detailed Explanation

Section 123 of the Gujarat Cooperative Societies Act, 1961 empowers the society to make by-laws for the management of the society's affairs. Rule 56 of the Gujarat Cooperative Societies Rules, 1965 specifies that the society can make by-laws regarding the use of common areas and parking spaces within the society premises.

This means that the society can create by-laws prohibiting unauthorized vehicles from parking in designated areas. In practice, if a vehicle without a permit is parked in violation of the society's by-laws, the society can take action against the owner of the vehicle. This may include issuing warnings, imposing fines, or even towing away the vehicle at the owner's expense.

Real-world Scenarios

  • Scenario 1: A society has a by-law stating that only vehicles with valid parking permits can park in designated areas. If a resident or visitor parks their vehicle without a permit, the society can issue a warning and subsequently fine the owner for the violation.

  • Scenario 2: A vehicle is repeatedly parked without authorization in a reserved parking spot, causing inconvenience to the rightful owner. In such a case, the society can take action against the owner of the unauthorized vehicle as per their by-laws.

Reference

  • Section 123 of the Gujarat Cooperative Societies Act, 1961

  • Rule 56 of the Gujarat Cooperative Societies Rules, 1965

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