Short Answer

No, using coercion such as disconnecting utilities to enforce rules is not legal under the Gujarat Cooperative Societies Act, 1961.

Detailed Explanation

Section 63 of the Gujarat Cooperative Societies Act, 1961 prohibits any society or its members from using coercion to enforce rules. This section states that no society or its members shall resort to any form of coercion or intimidation for any purpose related to the society. This means that any action taken by the society, including disconnecting utilities, to enforce rules through coercion is illegal.

In practice, this provision ensures that societies operate democratically and fairly, without resorting to force or intimidation to enforce rules. Any member who feels that coercion is being used against them can file a complaint with the Registrar of Cooperative Societies under Section 70 of the Act. The Registrar has the authority to investigate such complaints and take appropriate action against the society if coercion is found to have been used.

Real-world Scenarios

• Scenario 1: A cooperative housing society disconnects water supply to a member's apartment for violating a rule. This action is illegal under Section 63 of the Act.

• Scenario 2: A society threatens to cut off electricity to a member's unit if they do not comply with a rule. This constitutes coercion and is against the law.

• Scenario 3: A society imposes fines on members without following due process. Members can challenge such actions under Section 63 of the Act.

Reference

• Section 63 of the Gujarat Cooperative Societies Act, 1961: Official PDF