Short Answer

Yes, as per the Gujarat Cooperative Societies Act, 1961 and Rules, you generally need to notify the society or obtain its approval before renting out your flat to tenants.

Detailed Explanation

Section 63 of the Gujarat Cooperative Societies Act, 1961 empowers cooperative societies to make by-laws for various matters, including regulating the leasing or renting of flats. Rule 113 of the Gujarat Cooperative Societies Rules, 1965 further elaborates on the procedure for obtaining permission from the society before renting out a flat. This means that as a member of a cooperative society, you are typically required to inform the society about your intention to rent out your flat and seek their approval.

In practice, this requirement ensures that the society is aware of who is residing in the premises, maintains a record of tenants, and can enforce any regulations or restrictions related to tenancy. By notifying the society and obtaining their approval, you are complying with the cooperative society's rules and regulations, which aim to maintain the overall harmony and security within the society.

Real-world Scenarios

• Scenario 1: Mr. Patel decides to rent out his flat in a cooperative society without informing the society. The society later finds out and issues a notice to Mr. Patel to comply with the rules and seek approval for the tenancy.

• Scenario 2: Ms. Shah seeks permission from the society before renting out her flat. The society conducts a background check on the prospective tenant and approves the tenancy after ensuring compliance with the by-laws.

Step-by-step process:

• Notify the cooperative society about your intention to rent out the flat.

• Submit the necessary documents and information as required by the society.

• Await approval from the society before finalizing the tenancy agreement.

Reference

• Section 63 of the Gujarat Cooperative Societies Act, 1961

• Rule 113 of the Gujarat Cooperative Societies Rules, 1965