Short Answer

In case common equipment such as a generator or water tank needs replacement in a cooperative society, the costs are typically shared among all the members as per the provisions of the Gujarat Cooperative Societies Act, 1961 and Rules.

Detailed Explanation

Section 63 of the Gujarat Cooperative Societies Act, 1961 deals with the maintenance and repair of common property. It states that the society shall maintain all common property and equipment for the common use of its members. In case of replacement or repair of common equipment like a generator or water tank, the costs are usually shared among all the members in proportion to their respective share or as decided by the general body meeting of the society. This ensures equitable distribution of financial burden among all members.

Rule 65 of the Gujarat Cooperative Societies Rules, 1965 further elaborates on the procedure for sharing costs of replacement or repair of common equipment. It specifies that the society should convene a general body meeting to discuss the issue and decide on the allocation of costs. The decision should be recorded in the minutes of the meeting and communicated to all members. This transparent process helps in avoiding disputes and ensures compliance with the legal requirements.

Practical Examples

• Scenario 1: In a cooperative housing society, the water tank needs replacement. The society convenes a general body meeting where it is decided that the costs will be shared equally among all members.

• Scenario 2: A generator in a cooperative office complex malfunctions and requires repair. The society follows the provisions of Section 63 of the Act and Rule 65 of the Rules to determine the sharing of costs based on the usage pattern of each member.

Reference

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

• Rule 65 of the Gujarat Cooperative Societies Rules, 1965: Official PDF