Short Answer

Maintenance rules may need to be revised if a society switches from a flat to a percentage scheme, such as changing the by-laws.

Detailed Explanation

Section 14 of the Gujarat Cooperative Societies Act, 1961 states that the by-laws of a cooperative society may include provisions for maintenance charges. If a society decides to switch from a flat maintenance fee to a percentage-based scheme, it would need to amend its existing by-laws through a special resolution passed by the general body of members. This change would require proper documentation and filing with the Registrar of Cooperative Societies for approval.

In practice, the society's managing committee would need to convene a general body meeting to propose the amendment to the by-laws. The members would then discuss and vote on the proposed change. Once approved, the society would need to update its records, issue notices to all members regarding the new maintenance scheme, and ensure compliance with the revised rules.

Real-world Scenarios

• Scenario 1: A cooperative housing society with flat maintenance charges decides to switch to a percentage-based scheme due to increasing maintenance costs. The managing committee calls for a special general body meeting, presents the proposal, and after discussions, the members vote in favor of the change. The society then amends its by-laws, updates records, and informs all members of the new maintenance rules.

• Scenario 2: In another scenario, a cooperative society faces financial challenges and decides to implement a percentage-based maintenance scheme to ensure equitable distribution of maintenance costs among members. The society follows the legal process of amending the by-laws, obtaining approval, and implementing the new rules.

• Scenario 3: A society switches to a percentage-based maintenance scheme to encourage conservation and efficient use of resources. The change in rules leads to better accountability and transparency in maintenance cost allocation, benefiting all members.

Reference

• Section 14 of the Gujarat Cooperative Societies Act, 1961

• Official PDF