Short Answer

If the municipal water supply is irregular, the society cannot bill members differently unless there is a provision in the society's bylaws allowing for such differential billing.

Detailed Explanation

Section 72 of the Gujarat Cooperative Societies Act, 1961 states that a cooperative society may provide various services to its members, including water supply. However, the Act does not specifically address the scenario of irregular municipal water supply. In practice, if the municipal water supply is irregular, the society may face challenges in providing consistent water supply to its members. In such cases, the society may need to explore alternative sources of water or implement water conservation measures to ensure adequate supply to all members.

Rule 142 of the Gujarat Cooperative Societies Rules, 1965 empowers the society to make bylaws for regulating the affairs of the society, including provisions related to billing for services provided. If the society's bylaws have a provision allowing for differential billing in case of irregular water supply, then the society can bill members differently based on the usage or availability of water. However, any such provision must be in accordance with the bylaws and should not discriminate unfairly against any member.

Practical Examples

• Scenario 1: A cooperative housing society in Gujarat faces irregular municipal water supply during the summer months. The society's bylaws have a provision stating that in case of irregular water supply, members will be billed based on the actual water usage recorded by individual meters installed in each apartment.

• Scenario 2: Another society does not have any specific provision in its bylaws regarding irregular water supply. In such a case, the society cannot bill members differently and must find alternative solutions to ensure water availability to all members during irregular supply periods.

Reference

• Gujarat Cooperative Societies Act, 1961: Section 72

• Gujarat Cooperative Societies Rules, 1965: Rule 142