Short Answer

Yes, a cooperative society can levy fines for holding parties or functions that disturb other residents.

Detailed Explanation

Section 123 of the Gujarat Cooperative Societies Act, 1961 empowers the society to frame by-laws for the management of its affairs, including imposing fines for any violations. If the society's by-laws prohibit activities that disturb other residents, such as loud parties or functions, and specify fines for such violations, then the society can enforce these fines.

Rule 118 of the Gujarat Cooperative Societies Rules, 1965 further elaborates on the procedure for imposing fines. It states that the society must provide a written notice to the member responsible for the disturbance, informing them of the violation and the fine imposed. The member has the right to appeal this decision before the society's managing committee.

In practice, if a society member organizes a party or function that disturbs other residents, the managing committee can issue a notice citing the violation and imposing a fine as per the by-laws. The member can challenge this decision through the appeal process outlined in Rule 118.

Practical Examples

• Scenario 1: Mr. Patel organizes a loud party in his apartment, disturbing other residents. The society's by-laws clearly state that such activities are prohibited and subject to a fine. The managing committee issues a notice to Mr. Patel, imposing a fine of Rs. 500 for the violation.

• Scenario 2: Ms. Sharma hosts a function in the society hall without prior permission, causing inconvenience to other residents. The society's by-laws specify fines for unauthorized use of common areas. The managing committee sends her a notice with a fine of Rs. 1000 for the violation.

• Scenario 3: Mr. Desai repeatedly holds late-night gatherings in the society garden, disrupting the peace of other residents. The society's by-laws have a specific clause regarding noise disturbances and fines. The managing committee warns Mr. Desai and imposes a fine of Rs. 2000 for non-compliance.

References

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

• Rule 118 of the Gujarat Cooperative Societies Rules, 1965: Official PDF