Short Answer

No, the tenant cannot sue the society for imposing fines directly.

Detailed Explanation

Section 73 of the Gujarat Cooperative Societies Act, 1961 clearly outlines the powers of a cooperative society to impose fines on its members for any breach of the by-laws. However, this provision specifically applies to members of the society and not to tenants. Therefore, if a society fines a tenant directly, it would be considered illegal as per the Act.

Furthermore, Rule 140 of the Gujarat Cooperative Societies Rules, 1965 elaborates on the disciplinary action that can be taken against members for violating the by-laws. This rule does not mention tenants, indicating that fines cannot be imposed on tenants directly by the society.

In practice, if a society unlawfully fines a tenant, the tenant does have legal recourse. The tenant can approach the Registrar of Cooperative Societies or the appropriate legal authority to challenge the fine imposed by the society. The tenant may also seek legal advice to understand their rights and options in such a situation.

Real-world Scenarios

• Scenario 1: A cooperative housing society fines a tenant for parking in a designated area. As per the Act and Rules, only members can be fined for such violations, not tenants.

• Scenario 2: A society imposes a fine on a tenant for late payment of maintenance charges. Since the tenant is not a member of the society, this action is not legally permissible.

Step-by-step process:

• If a tenant is fined by a society, they should first review the by-laws of the society to understand the rules regarding fines.

• The tenant can then file a complaint with the Registrar of Cooperative Societies or seek legal advice to challenge the fine.

• Legal action can be taken against the society for imposing fines illegally on tenants.

Reference

• Gujarat Cooperative Societies Act, 1961: Section 73

• Gujarat Cooperative Societies Rules, 1965: Rule 140