Short Answer

Members have rights over common areas, and if one member encroaches by building a store, the other members can take legal action to address the issue.

Detailed Explanation

Section 63 of the Gujarat Cooperative Societies Act, 1961 empowers the society to take action against any member who encroaches on common areas. It allows the society to enforce the by-laws and regulations to maintain the common areas for the benefit of all members. In practice, if a member builds a store in a common area without authorization, the society can issue a notice to remove the encroachment. If the member fails to comply, the society can take legal action, including eviction or imposing fines.

Rule 68 of the Gujarat Cooperative Societies Rules, 1965 further elaborates on the procedure for dealing with encroachments in common areas. It outlines the steps the society must take to address such violations, including issuing notices, conducting hearings, and imposing penalties. In real-world scenarios, if a member encroaches on common areas by building a store, the society can follow the process outlined in Rule 68 to resolve the issue.

Practical Examples

• In a cooperative housing society, a member constructs a shed in the parking area designated as a common area. The society issues a notice asking the member to remove the encroachment within a specified period. If the member fails to comply, the society imposes a penalty as per the by-laws.

• In a commercial cooperative society, a member sets up a shop in the common passage area, obstructing the free movement of other members. The society holds a hearing, gives the member a chance to explain, and if the encroachment is not removed, takes legal action to evict the member.

References

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

• Rule 68 of the Gujarat Cooperative Societies Rules, 1965: [Official PDF]