Short Answer

The responsibility for fixing common equipment such as a generator that fails due to overuse typically falls on the cooperative society as a whole.

Detailed Explanation

Section 74 of the Gujarat Cooperative Societies Act, 1961 addresses the maintenance and repair of common property. It states that the management committee of the cooperative society is responsible for maintaining and repairing common property, including common equipment like generators. This means that if a generator fails due to overuse, the management committee must take steps to fix it using the society's funds.

Rule 56 of the Gujarat Cooperative Societies Rules, 1965 further elaborates on the duties of the management committee regarding maintenance and repair. It specifies that the management committee should ensure that common facilities and equipment are properly maintained and repaired for the benefit of all members. Therefore, in the case of a generator failure, the management committee must act promptly to repair it to ensure the smooth functioning of the cooperative society.

In practice, when a generator fails due to overuse, the management committee should assess the extent of the damage and the cost of repairs. They may need to engage a qualified technician or service provider to fix the generator. The expenses incurred for repairing the generator should be borne by the cooperative society collectively, as it is considered a common asset.

Real-world Scenarios

• Scenario 1: In a cooperative housing society, the generator used for backup power fails due to continuous usage during a power outage. The management committee convenes a meeting to discuss the issue and decides to allocate funds from the society's maintenance reserve to repair the generator promptly.

• Scenario 2: A cooperative society running a commercial complex experiences a generator breakdown during peak business hours. The management committee takes immediate action to contact a service provider and arranges for the repair of the generator to minimize disruption to the businesses operating in the complex.

• Scenario 3: A rural cooperative society heavily relies on a generator for irrigation purposes. When the generator malfunctions due to overuse during the farming season, the management committee organizes a collective contribution from the members to cover the repair costs.

Reference

• Section 74 of the Gujarat Cooperative Societies Act, 1961: [Official PDF]

• Rule 56 of the Gujarat Cooperative Societies Rules, 1965: [Official PDF]