Short Answer

Yes, a cooperative society can ban pets in rentals, and tenants can be held to that rule.

Detailed Explanation

Rule 50 of the Gujarat Cooperative Societies Rules, 1965 empowers the society to make by-laws for the management of the society. This includes rules regarding the use of premises, such as banning pets. If the society has passed a by-law prohibiting pets in rentals, tenants are bound by this rule. The society can enforce this rule through warnings, fines, or even eviction if the tenant fails to comply.

Additionally, Section 152 of the Gujarat Cooperative Societies Act, 1961 provides the society with the power to take disciplinary action against members who violate the by-laws. This means that if a tenant violates the rule against keeping pets in rentals, the society can take action against the tenant as per the provisions of the Act.

In practice, if a society has a by-law prohibiting pets in rentals, it must inform all tenants about this rule before they rent the premises. The tenants are then obligated to adhere to this rule throughout their tenancy. Failure to comply can lead to penalties imposed by the society.

Practical Examples

• Scenario 1: A cooperative society passes a by-law banning pets in rentals. A tenant moves in with a pet without seeking permission. The society issues a warning to the tenant to remove the pet within a specified time frame. If the tenant fails to comply, the society can impose a fine or initiate eviction proceedings.

• Scenario 2: A society allows pets in rentals but with certain conditions. A tenant violates these conditions, such as not cleaning up after the pet or causing disturbances. The society can take disciplinary action against the tenant as per the by-laws.

Reference

• Rule 50 of the Gujarat Cooperative Societies Rules, 1965

• Section 152 of the Gujarat Cooperative Societies Act, 1961