Short Answer

If a tenant refuses to vacate, it can be both a civil matter and involve the society's intervention.

Detailed Explanation

Section 64 of the Gujarat Cooperative Societies Act, 1961 empowers the society to take action against a member who violates the bylaws or fails to comply with the society's decisions. This means that if a tenant, who is a member of the cooperative society, refuses to vacate the premises as per the society's rules, the society can intervene. The society can issue notices, impose penalties, or take legal action to ensure compliance.

Furthermore, Rule 56 of the Gujarat Cooperative Societies Rules, 1965 specifies the procedure for resolving disputes within the society. If the tenant's refusal to vacate leads to a dispute within the society, the society can initiate the dispute resolution process as per the rules. This could involve mediation, arbitration, or seeking legal remedies through the cooperative court.

In practice, if a tenant refuses to vacate the premises despite repeated notices from the society, the society can escalate the matter by following the prescribed procedures. For example, the society can convene a general body meeting to discuss the issue, issue a final notice to the tenant, and then approach the cooperative court for eviction orders if necessary.

Real-world Scenarios

• Scenario 1: A tenant in a cooperative housing society refuses to vacate the premises after the lease agreement expires. The society issues a notice to the tenant citing the violation of bylaws and requests compliance within a specified period.

• Scenario 2: A paying guest (PG) member in a cooperative society overstays their welcome and refuses to leave despite multiple warnings. The society initiates the dispute resolution process as per Rule 56 to address the issue internally.

• Scenario 3: A commercial tenant in a cooperative society defaults on rent payments and refuses to vacate the premises. The society imposes penalties as per Section 64 and takes legal action to recover dues and evict the tenant.

References

• Section 64 of the Gujarat Cooperative Societies Act, 1961: Official PDF

• Rule 56 of the Gujarat Cooperative Societies Rules, 1965: Official PDF