Short Answer

Yes, the by-laws of a cooperative society can limit the duration or percentage of units a member can rent out.

Detailed Explanation

Rule 65 of the Gujarat Cooperative Societies Rules, 1965 empowers the cooperative society to make by-laws regarding the leasing or renting of premises by its members. These by-laws can specify the duration or percentage of units that a member can rent out. The purpose of such restrictions is to maintain the cooperative nature of the society and prevent misuse of the premises for commercial gains.

In practice, if the by-laws of a cooperative society contain provisions limiting the duration or percentage of units that can be rented out by a member, the member must adhere to these restrictions. Failure to comply with the by-laws can lead to disciplinary action by the society, including fines or even expulsion from membership.

Real-world Scenarios

• Scenario 1: A cooperative housing society has a by-law stating that a member can rent out their unit for a maximum of two years. If a member exceeds this duration, the society can take action against them.

• Scenario 2: Another society restricts members from renting out more than 50% of the total units in the building. If a member tries to rent out additional units, they would be in violation of the by-laws.

Step-by-step process:

• Check the by-laws of the cooperative society regarding renting out of units.

• Identify any restrictions on duration or percentage of units that can be rented out.

• Ensure compliance with the by-laws to avoid any penalties or sanctions.

Reference

• Rule 65 of the Gujarat Cooperative Societies Rules, 1965

• Official PDF: https://cooperation.gujarat.gov.in/writereaddata/Portal/Images/pdf/Co_Op_Societies_Rules1965.pdf