Short Answer

Societies enforce violations of building bye-laws, such as unauthorized construction, through the Gujarat Cooperative Societies Act, 1961 and the Gujarat Cooperative Societies Rules, 1965.

Detailed Explanation

Section 79 of the Gujarat Cooperative Societies Act, 1961 empowers the society to take action against members violating building bye-laws. This section allows the society to impose penalties, fines, or even expulsion from the society for such violations. The society can also initiate legal proceedings against the member in question.

Rule 72 of the Gujarat Cooperative Societies Rules, 1965 provides detailed procedures for dealing with violations of building bye-laws. It outlines the steps the society must take, such as issuing notices to the member, conducting hearings, and imposing penalties as per the bye-laws.

In practice, if a member is found to have engaged in unauthorized construction, the society can first issue a notice to the member informing them of the violation. The member will be given an opportunity to explain their actions at a hearing conducted by the society. If the violation is proven, the society can levy fines, penalties, or take legal action as per the rules.

Example 1:

Section 79 of the Gujarat Cooperative Societies Act, 1961 states that "the society may take action against any member violating building bye-laws by imposing penalties or fines." In a scenario where a member constructs a new structure without permission, the society can issue a notice to the member, conduct a hearing, and impose fines as per the rules.

Example 2:

Rule 72 of the Gujarat Cooperative Societies Rules, 1965 outlines the procedure for dealing with building bye-law violations. If a member is found to have made unauthorized alterations to their property, the society can initiate disciplinary proceedings, levy fines, and even take legal action to rectify the violation.

Example 3:

If a member continues to violate building bye-laws despite warnings and penalties, the society can ultimately decide to expel the member from the society as a last resort, as permitted under the Gujarat Cooperative Societies Act, 1961.

References

• Gujarat Cooperative Societies Act, 1961: https://cooperation.gujarat.gov.in/writereaddata/Portal/Images/pdf/Co_Op_Societies_Act1961.pdf

• Gujarat Cooperative Societies Rules, 1965: https://cooperation.gujarat.gov.in/writereaddata/Portal/Images/pdf/Co_Op_Societies_Rules1965.pdf