Short Answer

Yes, societies can verify continued occupancy or rental status by requiring declarations from members or tenants.

Detailed Explanation

Section 73 of the Gujarat Cooperative Societies Act, 1961 empowers the society to maintain records of members and their occupancy status. This means that societies can ask members or tenants to provide declarations regarding their continued occupancy or rental status. In practice, this helps societies keep track of who is residing in the premises and ensures transparency in the management of the cooperative society. By obtaining declarations, societies can prevent unauthorized occupants or misuse of premises.

Furthermore, Rule 80 of the Gujarat Cooperative Societies Rules, 1965 specifies the procedure for maintaining records of members and their occupancy status. Societies can use this rule to mandate the submission of declarations from members or tenants on a periodic basis, such as annually or bi-annually. This ensures that the society has updated information about the occupancy of its premises and can take necessary actions in case of any discrepancies.

For example, if a cooperative housing society suspects that a member has rented out their flat without informing the society, they can ask the member to provide a declaration confirming the rental arrangement. If the member fails to provide the declaration or provides false information, the society can take disciplinary action as per the provisions of the Act and Rules.

In another scenario, if a tenant in a cooperative society premises refuses to provide a declaration about their occupancy status, the society can issue a notice asking for compliance within a specified timeframe. Failure to comply with such requests can lead to legal consequences or eviction proceedings as per the cooperative society's by-laws.

In summary, requiring declarations from members or tenants regarding their occupancy or rental status is a crucial practice for cooperative societies to maintain transparency, prevent unauthorized use of premises, and ensure effective management of the society.

References

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

• Rule 80 of the Gujarat Cooperative Societies Rules, 1965: Official PDF