Short Answer

Yes, a cooperative society can restrict rentals, such as imposing a minimum rental period requirement or limiting rentals to families only.

Detailed Explanation

Section 73 of the Gujarat Cooperative Societies Act, 1961 empowers cooperative societies to make by-laws for various purposes, including the use and occupation of premises. This means that a society can frame rules regarding rentals, such as setting a minimum rental period or specifying that rentals are allowed only to families. In practice, this provision allows societies to regulate the tenancy arrangements within their premises to maintain a certain standard and ensure harmony among members.

For example, a cooperative housing society can pass a by-law stating that rentals are allowed only to families for a minimum period of 6 months. This rule aims to promote stability and a sense of community within the society by discouraging frequent turnover of tenants. By having such restrictions in place, the society can also prevent commercial misuse of residential premises and maintain the overall quality of living for its members.

Another scenario could involve a society prohibiting short-term rentals, such as those for vacation or transient purposes, to maintain the residential character of the premises. By implementing such restrictions, the society can safeguard the interests of its members and uphold the principles of cooperative living.

In practical terms, the process of imposing rental restrictions would involve the society drafting the relevant by-laws, conducting a general body meeting to discuss and approve the by-laws, and then officially registering the by-laws with the Registrar of Cooperative Societies for enforcement.

Reference

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