Short Answer

No, the society cannot change the maintenance rate without a general meeting or by-law amendment.

Detailed Explanation

Section 30 of the Gujarat Cooperative Societies Act, 1961 states that the society can levy maintenance charges as decided by the general meeting. Any change in the maintenance rate must be approved by the members in a general meeting. This ensures transparency and accountability in the decision-making process regarding maintenance charges. Without the approval of the general meeting, the society does not have the authority to unilaterally change the maintenance rate.

Rule 113 of the Gujarat Cooperative Societies Rules, 1965 further emphasizes the requirement for a general meeting to approve any changes in maintenance charges. This rule specifies that any alteration in the rate of maintenance charges must be approved by the members in a general meeting. By following this rule, the society ensures that all members have a say in determining the maintenance charges they are required to pay.

In practice, if the society wishes to change the maintenance rate, it must convene a general meeting and propose the alteration to the members. The members will then vote on the proposed change, and if approved, the new maintenance rate will come into effect. This process ensures democratic decision-making and protects the rights of all society members.

Practical Examples

• Scenario 1: XYZ Cooperative Society decides to increase the maintenance rate without holding a general meeting. Members raise objections, citing Section 30 of the Gujarat Cooperative Societies Act, 1961, and Rule 113 of the Gujarat Cooperative Societies Rules, 1965. The society is then required to convene a general meeting to discuss and vote on the proposed change.

• Scenario 2: ABC Cooperative Society proposes a reduction in maintenance charges without following the by-law amendment process. Members point out the legal requirements outlined in the Act and Rules, prompting the society to organize a general meeting for approval.

Reference

• Section 30 of the Gujarat Cooperative Societies Act, 1961: Official PDF

• Rule 113 of the Gujarat Cooperative Societies Rules, 1965: Official PDF