Short Answer

Yes, a cooperative society can restrict the number of occupants in a rented flat to avoid overcrowding.

Detailed Explanation

Rule 142 of the Gujarat Cooperative Societies Rules, 1965 empowers the society to make by-laws for the management of the society. This includes regulating the use of premises by members, which can extend to rented flats. By imposing restrictions on the number of occupants, the society can ensure that overcrowding is prevented, maintaining the safety and security of all residents. This rule provides the legal basis for societies to set such regulations.

Section 65 of the Gujarat Cooperative Societies Act, 1961 also allows societies to frame by-laws for various purposes, including regulating the use of premises. By setting limits on the number of occupants in rented flats, societies can ensure that the premises are not misused or overburdened, leading to a harmonious living environment for all members. This section reinforces the authority of societies to impose such restrictions.

Practical Examples

• Scenario 1: A cooperative society in Gujarat frames a by-law stating that a rented flat cannot have more than 4 occupants to prevent overcrowding and maintain safety standards.

• Scenario 2: A society enforces a rule limiting the number of occupants in a rented flat to the number of bedrooms available, ensuring fair usage of space and facilities.

• Scenario 3: In case of violation, the society can take action against the member by levying fines or even terminating the tenancy agreement based on the by-laws.

Reference

• Rule 142 of the Gujarat Cooperative Societies Rules, 1965

• Section 65 of the Gujarat Cooperative Societies Act, 1961