Short Answer

The decision to remove a common tree or garden in a cooperative society is typically made by the General Body of the society. The funds for such removal and related activities are approved by the General Body as well.

Detailed Explanation

Section 73 of the Gujarat Cooperative Societies Act, 1961 empowers the General Body of a cooperative society to make decisions regarding common areas, including the removal of common trees or gardens. This section states that the General Body has the authority to manage the affairs of the society, which includes decisions related to common areas.

In practice, if there is a proposal to remove a common tree or garden, it would be discussed in a General Body meeting. The members would deliberate on the necessity of removal, potential alternatives, cost implications, and any other relevant factors. A resolution would then be passed by a majority vote to approve or reject the removal.

Real-world Scenarios

• Scenario 1: The residents of a cooperative society notice that a common tree in the garden is diseased and poses a risk to the safety of residents. The matter is brought up in a General Body meeting, and after discussion, it is decided to remove the tree for safety reasons.

• Scenario 2: The General Body of a society decides to revamp the common garden area and replace existing trees with new landscaping. Funds are allocated for this purpose after a detailed discussion and approval in a General Body meeting.

Reference

• Section 73 of the Gujarat Cooperative Societies Act, 1961: Official PDF