Short Answer

Yes, a cooperative society can charge or restrict a member from installing something like a second water pump.

Detailed Explanation

Section 73 of the Gujarat Cooperative Societies Act, 1961 empowers the society to make and enforce by-laws for various purposes, including regulating the installation of additional utilities by members. This means that the society can frame rules regarding the installation of additional amenities like a second water pump and charge or restrict members accordingly. In practice, the society may require members to seek permission before making such installations to ensure they comply with safety standards and do not disrupt the common utilities provided by the society.

Rule 138 of the Gujarat Cooperative Societies Rules, 1965 further elaborates on the powers of the society in regulating the use of common utilities and installations by members. The rule allows the society to levy charges or impose restrictions on members for installing additional amenities that may affect the common facilities or utilities. For instance, if a member wants to install a second water pump that could potentially strain the existing water supply system or pose safety hazards, the society can intervene by either charging a fee for the installation or restricting the member from proceeding without proper approvals.

Practical Examples

• Scenario 1: A member decides to install a solar panel on the terrace of the cooperative housing society to generate electricity for personal use. The society, under Section 73 of the Act, can formulate a by-law requiring members to seek permission before making such installations to ensure they comply with safety standards and do not affect the common utilities.

• Scenario 2: A member plans to install a water harvesting system that involves drilling borewells within the society premises. Rule 138 of the Rules allows the society to regulate such installations by either charging a fee for the additional utility or restricting the member from proceeding without proper approvals.

• Scenario 3: A member wishes to set up a personal RO water purifier system in their apartment. The society, in accordance with the Act and Rules, can establish guidelines for installing such systems to prevent any adverse impact on the overall water supply infrastructure.

References

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

• Rule 138 of the Gujarat Cooperative Societies Rules, 1965: Official PDF