Short Answer

No, the society cannot delegate decision-making powers, such as parking rules, solely to its managing committee.

Detailed Explanation

Section 73 of the Gujarat Cooperative Societies Act, 1961 states that the general body of a cooperative society has the ultimate authority to make decisions on various matters, including the management of the society. This means that important decisions, such as creating or amending parking rules, must be approved by the general body of the society and cannot be delegated solely to the managing committee. The managing committee is responsible for implementing the decisions made by the general body and managing the day-to-day affairs of the society.

Rule 69 of the Gujarat Cooperative Societies Rules, 1965 further emphasizes the role of the general body in decision-making processes. It outlines the procedures for convening general body meetings and the powers of the general body to make decisions on different aspects of the society's functioning. Therefore, any decision regarding parking rules or other common areas must be discussed and approved by the general body during a meeting.

In practice, this means that the managing committee can propose parking rules or other by-laws to the general body for approval. The general body will then discuss, debate, and vote on these proposals before they can be implemented. By involving all members in the decision-making process, the society ensures transparency, accountability, and democratic governance.

For example, if the managing committee wants to introduce a new parking policy that restricts the number of vehicles each member can park in the society premises, they must present this proposal to the general body during a meeting. The members will then have the opportunity to provide feedback, suggest changes, and ultimately vote on whether to adopt the new policy.

In another scenario, if the managing committee unilaterally decides to change the parking rules without consulting the general body, it would be a violation of the cooperative society's governing laws. Members have the right to participate in important decisions that affect the functioning of the society, and delegating decision-making powers solely to the managing committee would undermine this democratic principle.

Reference

• Gujarat Cooperative Societies Act, 1961: Section 73

• Gujarat Cooperative Societies Rules, 1965: Rule 69