Short Answer

To enforce a by-law violation such as towing a vehicle, a cooperative society can use both police assistance and impose society fines.

Detailed Explanation

Rule 145 of the Gujarat Cooperative Societies Rules, 1965 empowers cooperative societies to enforce by-laws. This rule allows societies to take action against members violating by-laws, including imposing fines or penalties. Additionally, Section 91 of the Gujarat Cooperative Societies Act, 1961 provides the legal framework for enforcing by-laws within cooperative societies. This section outlines the powers of the society to maintain discipline and order among its members.

In practice, if a member violates a by-law related to parking or any other common area usage, the society can first issue a notice to the member informing them of the violation and the consequences. If the violation continues, the society can escalate the matter by involving the police for towing the vehicle or taking necessary action. Simultaneously, the society can also levy fines or penalties on the member as per the by-laws.

Real-world scenarios may include a situation where a member repeatedly parks their vehicle in a restricted area despite warnings. In such a case, the society can first issue a notice to the member. If the violation persists, the society can involve the police to tow the vehicle and also impose fines on the member as per the by-laws.

In a step-by-step process, the society should:

• Issue a notice to the member regarding the by-law violation.

• Provide a reasonable time for the member to rectify the violation.

• If the violation continues, escalate the matter by involving the police for necessary action.

• Simultaneously, impose fines or penalties on the member as per the by-laws.

Reference

• Gujarat Cooperative Societies Act, 1961: Section 91

• Gujarat Cooperative Societies Rules, 1965: Rule 145