Tenancy, PG, and Use of Premises

Can society prevent a member from subletting at multiple times in a year?

Yes, a society can prevent a member from subletting multiple times in a year.

Yes, a society can prevent a member from subletting multiple times in a year.

Written By: GatePal Analyst

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Short Answer

Yes, a society can prevent a member from subletting multiple times in a year.

Detailed Explanation

Section 73 of the Gujarat Cooperative Societies Act, 1961 empowers the society to make by-laws for various matters, including regulating the use and occupation of premises by its members. Rule 129 of the Gujarat Cooperative Societies Rules, 1965 further elaborates on the by-laws that can be made by the society. These provisions allow the society to restrict or regulate subletting activities within the premises.

In practice, the society can frame specific by-laws prohibiting members from subletting their premises multiple times in a year. This restriction aims to maintain the sanctity of the cooperative housing society and prevent any misuse of the premises. By enforcing such by-laws, the society ensures that the members comply with the rules and regulations governing the cooperative society.

For example, if a member tries to sublet their apartment multiple times within a year without the society's permission, the society can take disciplinary action against the member as per the by-laws. The society may issue warnings, impose fines, or even terminate the membership of the defaulting member, depending on the severity of the violation.

In real-world scenarios, such restrictions on subletting help in maintaining harmony and order within the cooperative society. It prevents overcrowding, unauthorized occupants, and potential security risks that may arise from frequent subletting activities. By having clear by-laws in place, the society can effectively manage and regulate the use of premises by its members.

Reference

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

  • Rule 129 of the Gujarat Cooperative Societies Rules, 1965: Official PDF

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