Tenancy, PG, and Use of Premises
If a flat is used as a church or NGO office, does the society have jurisdiction over such usage?
Written By: GatePal Analyst
Last Updated on
Short Answer
Yes, the society has jurisdiction over the usage of a flat as a church or NGO office.
Detailed Explanation
Section 21 of the Gujarat Cooperative Societies Act, 1961 empowers the society to regulate the use of premises by its members. This means that the society can enforce rules and regulations regarding the usage of flats within its premises. If a flat is being used as a church or NGO office, the society can intervene and take necessary actions to ensure compliance with the rules.
Furthermore, Rule 56 of the Gujarat Cooperative Societies Rules, 1965 provides guidelines for the use of premises by members. It states that the society can prescribe the purposes for which a flat can be used and can restrict activities that are not in line with the cooperative principles. Therefore, if the usage of a flat as a church or NGO office is not permitted as per the society's rules, the society can take action to address the issue.
In practice, the society may first issue a notice to the member using the flat as a church or NGO office, informing them of the violation and requesting compliance with the rules. If the member fails to comply, the society may take further steps such as imposing fines, issuing warnings, or even initiating legal proceedings to address the unauthorized usage.
Examples:
Scenario 1: A member of a cooperative housing society starts using their flat as a church without obtaining prior approval from the society. The society issues a notice to the member citing the violation of rules and requesting them to stop the unauthorized usage.
Scenario 2: An NGO office is being operated from a flat within a cooperative society without the society's permission. The society holds a general body meeting to discuss the issue and decides to take legal action against the member for violating the rules.
References
Section 21 of the Gujarat Cooperative Societies Act, 1961: Official PDF
Rule 56 of the Gujarat Cooperative Societies Rules, 1965: Official PDF
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