Short Answer

The society can intervene if a tenant is causing disturbance or breaking rules by following the procedures outlined in the Gujarat Cooperative Societies Act, 1961 and Rules, 1965.

Detailed Explanation

Section 63 of the Gujarat Cooperative Societies Act, 1961 empowers the society to take action against a tenant causing disturbance or breaking rules. This section allows the society to issue a notice to the tenant specifying the complaints against them and providing an opportunity to be heard. If the tenant fails to rectify the issues within the specified time, the society can take further action, including eviction.

Rule 64 of the Gujarat Cooperative Societies Rules, 1965 provides the detailed procedure for dealing with such situations. The society must first convene a meeting of the managing committee to discuss the complaints against the tenant. Subsequently, a notice must be issued to the tenant informing them of the complaints and calling for a hearing. The tenant has the right to present their side of the story during the hearing.

In practice, the society should maintain proper records of the complaints against the tenant and the actions taken. It is essential to follow the due process outlined in the Act and Rules to ensure that the tenant's rights are respected. By following the prescribed procedures, the society can effectively address issues related to tenant disturbances or rule violations.

Real-world Scenarios

• Scenario 1: A tenant in a cooperative housing society is regularly playing loud music late at night, disturbing other residents. The society issues a notice to the tenant under Section 63 of the Act, asking them to cease the noise disturbances. If the tenant continues the behavior, the society can proceed with eviction as per the Rules.

• Scenario 2: A tenant in a society is found violating the parking rules by occupying multiple slots. The managing committee discusses the issue in a meeting as per Rule 64 and issues a notice to the tenant to rectify the parking violations within a specified time.

Reference

• Gujarat Cooperative Societies Act, 1961: Section 63

• Gujarat Cooperative Societies Rules, 1965: Rule 64