Short Answer

No, the society cannot treat renting out part of your flat room by room as a boarding house.

Detailed Explanation

As per Section 2(3) of the Gujarat Cooperative Societies Act, 1961, a "boarding house" is defined as a house where food and services are provided for a charge. Renting out part of your flat room by room does not fall under this definition as it typically involves only providing living space without additional services like food.

Furthermore, Rule 65 of the Gujarat Cooperative Societies Rules, 1965 states that a member of a cooperative housing society can use his premises for residential purposes, subject to the society's by-laws. Therefore, as long as you are renting out the rooms for residential purposes and not running a boarding house, the society cannot treat it as such.

In practice, if you are renting out part of your flat room by room, it is important to ensure that your tenants are using the space for residential purposes only. You should also comply with any by-laws of the society regarding subletting or renting out parts of your flat.

Practical Examples

• Example 1: Mr. Patel rents out individual rooms in his flat to students for residential purposes only. The society cannot treat this as a boarding house.

• Example 2: Ms. Shah rents out rooms in her flat to working professionals for residential use. The society cannot interfere as long as it is not a boarding house.

• Example 3: Mr. Desai rents out rooms in his flat but also provides food and services to the tenants. In this case, the society may consider it a boarding house and take action.

References

• Section 2(3) of the Gujarat Cooperative Societies Act, 1961

• Rule 65 of the Gujarat Cooperative Societies Rules, 1965