Short Answer

Yes, a cooperative society can charge a penalty for violating a by-law, such as imposing a fine for noise disturbances.

Detailed Explanation

Section 73 of the Gujarat Cooperative Societies Act, 1961 empowers cooperative societies to make and enforce by-laws for various purposes, including regulating the conduct of its members. Rule 135 of the Gujarat Cooperative Societies Rules, 1965 further elaborates on the enforcement of these by-laws.

Section 73 allows cooperative societies to impose penalties for by-law violations, which can include fines for specific breaches like creating noise disturbances. This provision is crucial for maintaining discipline and order within the society. In practice, the society must have clear by-laws in place outlining the penalties for different violations, including noise-related fines.

For example, if a member consistently violates the by-law related to noise levels, the society can levy a penalty on them. The process typically involves issuing a notice to the member informing them of the violation and the corresponding penalty. If the member fails to rectify the behavior or pay the fine, the society may take further action, such as imposing additional penalties or even disciplinary measures.

In another scenario, if multiple members in the society are causing noise disturbances, the society can take collective action by issuing a general notice reminding all members of the by-law and the penalties for non-compliance. This proactive approach can help prevent recurring violations and maintain a peaceful living environment for all residents.

Overall, the ability to charge penalties for violating by-laws, including fines for noise disturbances, is a vital tool for cooperative societies to uphold order, discipline, and harmony among members.

References

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

• Rule 135 of the Gujarat Cooperative Societies Rules, 1965: Official PDF