Short Answer

Yes, as per the Gujarat Cooperative Societies Act, 1961 and Rules, societies have the authority to mandate background checks or require NOCs for tenants or paying guests (PGs).

Detailed Explanation

Section 73 of the Gujarat Cooperative Societies Act, 1961 empowers the society to make by-laws for various purposes, including regulating the admission of members and the transfer of shares. Rule 117 of the Gujarat Cooperative Societies Rules, 1965 further elaborates on the by-laws that can be made by the society. These provisions allow the society to include clauses related to background checks or NOCs for tenants or PGs in their by-laws.

In practice, societies often include clauses in their by-laws requiring tenants or PGs to undergo background verification checks or obtain a No Objection Certificate (NOC) before occupying premises within the society. This is done to ensure the security and well-being of existing members and to maintain a harmonious living environment within the society.

Real-world Scenarios

• Scenario 1: A cooperative housing society in Gujarat introduces a new by-law mandating background checks for all prospective tenants. This ensures that only individuals with a clean record are allowed to reside within the premises.

• Scenario 2: A paying guest accommodation within a cooperative society is required to obtain an NOC from the society before accommodating any new guests. This helps the society keep track of the individuals residing on the premises.

Step-by-step process:

• The society drafts the relevant by-laws pertaining to background checks or NOCs for tenants or PGs.

• The by-laws are presented at a general body meeting for approval by the members.

• Once approved, the society notifies all existing and prospective tenants or PGs about the new requirements.

• Compliance with the background check or NOC is made mandatory for all tenants or PGs seeking accommodation within the society.

References

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

• Rule 117 of the Gujarat Cooperative Societies Rules, 1965: Official PDF