Maintenance and Utility Disputes
What if common-area utilities (stair lights, pump) are not maintained – do members have to fix it themselves?
Written By: GatePal Analyst
Last Updated on
Short Answer
If common-area utilities like stair lights or pumps are not maintained in a cooperative society, members may have to fix them themselves under certain circumstances.
Detailed Explanation
Section 66 of the Gujarat Cooperative Societies Act, 1961 empowers the committee of a cooperative society to maintain common areas and facilities, including utilities like stair lights and pumps. If the committee fails to fulfill its duty of maintenance, Section 67 allows any member to apply to the Registrar for directions to ensure proper maintenance. In practice, this means that if common-area utilities are not being maintained, members can take steps to address the issue by following the procedures outlined in the Act.
For example, if the stair lights in a cooperative society are not functioning due to lack of maintenance by the committee, a member can file a complaint with the Registrar under Section 67. The Registrar may then issue directions to the committee to rectify the maintenance issue within a specified time frame. If the committee still fails to comply, members may have to collectively address the problem by either fixing the utilities themselves or hiring a third-party service provider.
In another scenario, if the water pump in the common area of a cooperative society stops working and the committee neglects to repair it, members can come together to discuss the issue and decide on the best course of action. This could involve pooling resources to repair the pump or seeking legal intervention through the Registrar if the committee continues to ignore the maintenance issue.
Overall, the Gujarat Cooperative Societies Act, 1961 provides mechanisms for members to ensure the proper maintenance of common-area utilities in a cooperative society, even if the committee fails to fulfill its responsibilities.
References
Gujarat Cooperative Societies Act, 1961: Section 66, Section 67
Official PDF
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