Short Answer

Yes, a society can record or photograph infractions in common areas for evidence.

Detailed Explanation

Section 123 of the Gujarat Cooperative Societies Act, 1961 empowers cooperative societies to maintain records and evidence related to the functioning of the society. This includes the ability to record or photograph infractions in common areas for evidence purposes. The Act allows societies to take necessary steps to ensure the proper management and maintenance of common areas, which may involve documenting any violations or misconduct.

Furthermore, Rule 78 of the Gujarat Cooperative Societies Rules, 1965 provides guidelines on the maintenance of records by cooperative societies. This rule specifies that societies should keep proper records of all transactions and activities, including any incidents or violations in common areas. By recording or photographing infractions, societies can maintain a transparent record of events and use them as evidence if needed for legal or disciplinary actions.

In practice, societies often use CCTV cameras or other recording devices to monitor common areas and capture any violations or unauthorized activities. This evidence can be crucial in resolving disputes, enforcing by-laws, or taking disciplinary actions against erring members or residents. By following the provisions of the Act and Rules, societies can ensure accountability and transparency in their operations.

Practical Examples

• Scenario 1: A society notices unauthorized parking in common areas despite clear by-laws against it. They install CCTV cameras to record instances of such infractions and use the footage to issue warnings or fines to the violators.

• Scenario 2: During a society event in a common area, some members engage in disruptive behavior. The society secretary takes photographs as evidence of the misconduct to address the issue in the next committee meeting.

• Scenario 3: A resident complains about damage to common property but cannot provide evidence. The society reviews their CCTV footage to identify the responsible party and take appropriate action.

References

• Section 123 of the Gujarat Cooperative Societies Act, 1961: Official PDF

• Rule 78 of the Gujarat Cooperative Societies Rules, 1965: Official PDF