Short Answer

Yes, a society can collect a deposit for keys or access cards to common areas like gate cards.

Detailed Explanation

Section 73 of the Gujarat Cooperative Societies Act, 1961 empowers cooperative societies to make by-laws for various purposes, including regulating the use of common areas and facilities. Rule 56 of the Gujarat Cooperative Societies Rules, 1965 further elaborates on the powers of the society to make such by-laws. These provisions allow societies to collect deposits for keys or access cards as part of their by-laws.

This means that a society can legally enforce the collection of deposits for keys or access cards to common areas like gate cards through their approved by-laws. In practice, societies often require residents to pay a refundable deposit when issuing keys or access cards for common areas to ensure their safekeeping and timely return. This deposit acts as a security measure to prevent loss or misuse of the keys or access cards.

Real-world Scenarios

• Scenario 1: A cooperative housing society has a by-law that mandates a deposit for gate cards issued to residents. Each member pays a specified amount as a deposit when receiving their gate card, which is refunded upon returning the card.

• Scenario 2: A commercial cooperative society collects a deposit for keys to shared facilities like meeting rooms. This deposit is used to cover any damages or losses incurred by the member.

Step-by-step process:

• The society drafts a by-law specifying the deposit amount for keys or access cards.

• Members are informed about the deposit requirement during the issuance of keys or access cards.

• Members pay the deposit amount along with any other fees.

• The society maintains records of deposits and refunds them upon return of keys or access cards.

References

• Section 73 of the Gujarat Cooperative Societies Act, 1961: Official PDF

• Rule 56 of the Gujarat Cooperative Societies Rules, 1965: Official PDF