Extra No.
©
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Vol. LXV ] MONDAY, MAY 13, 2024 / VAISHAKHA 23, 1946
Separate paging is given to this part in order that it may be filed as a Separate Compilation.
PART IV
Acts of Gujarat Legislature and Ordinances promulgated and Regulations
made by the Governor.
The following Act of the Gujarat Legislature, having been assented to by the Governor
on the 22nd March, 2024 is hereby published for general information.
K. M. LALA,
Secretary to the Government of Gujarat,
Legislative and Parliamentary Affairs Department.
GUJARAT ACT NO. 5 OF 2024.
(First published, after having received the assent of the Governor, in the “Gujarat
Government Gazette”, on the 13th May, 2024).
AN ACT
further to amend the Gujarat Co-operative Societies Act, 1961.
It is hereby enacted in the Seventy-fifth Year of the Republic of India as follows: -
1. (1) This Act may be called the Co-operative Societies (Amendment) Act, 2024. Short title and
commencement.
(2) It shall come into force on such date as the State Government may, by
notification in the Official Gazette, appoint.
IV- Ex.-5 5-1
5-2 GUJARAT GOVERNMENT GAZETTE, EX. 13-05-2024 [ PART IV
Amendment 2. In the Gujarat Co-operative Societies Act, 1961. (hereinafter referred to as “the Guj. X of 1962.
of section 2 of
Guj. X of principal Act”), in section 2, -
1962.
(i) after clause (7A), the following clauses shall be inserted, namely:-
“(7B) “co-operative housing society” means —
(i) a society, the object of which is to provide its members with open plots
for housing, dwelling houses or flats and to provide its members
common amenities and services;
(ii) a society, the object of which is to allot the plots to its members to
construct the dwelling unit or flats thereon or to allot the dwelling units
already constructed and where land is held either on lease hold or free
hold basis by the society and houses are owned or to be owned by the
members;
(iii) a society, the object of which is to allot the flats already constructed or
to be constructed to its members and where both land and building or
buildings are held either on freehold or lease-hold basis by the society;
(7C) “co-operative housing service society” means a society formed by the
owners of flats in a building for the purpose of maintenance of the
building and provision of common amenities and services;
(ii) after clause (10), the following clause shall be inserted, namely:-
(10A) “flat” means block, chamber, dwelling unit, apartment, office,
showroom, shop, godown, premises, suit, tenement, unit or by any other name,
means a separate and self-contained part of any immovable property, including
one or more rooms or enclosed spaces, located on one or more floors or any
part thereof, in building or on a plot of land, used or intended to be used for
any residential or commercial use such as residence, office, shop, showroom
or godown or for carrying on any business, occupation, profession or trade, or
for any other type of use ancillary to the purpose specified;”.
Amendment of 3. In the principal Act, in section 6, in sub-section (1), after the words and brackets
section 6 of
Guj. X of 1962. “persons (each of such persons being a member of different family)”, the words and
brackets “and in case of co-operative housing society or co-operative housing service
society at least eight persons (each of such persons being a member of different
family)” shall be inserted.
Amendment of 4. In the principal Act, in section 8, in sub-section (2),-
section 8 of
Guj. X of 1962.
(i) in clause (a), the word “and” occurring at the end shall be deleted.
PART IV ] GUJARAT GOVERNMENT GAZETTE, EX. 13-05-2024 5-3
(ii) after clause (a), the following clause shall be inserted, namely: -
“(aa) in case of co-operative housing society or co-operative housing service
society, at least eight persons (each of such persons being a member of different
family) who are qualified under this Act, and”
5. In the principal Act, in section 67A, in the second proviso to sub-section (4), for the Amendment of
section 67A of
words “of the State Government”, the words “of such authority as may be specified Guj. X of 1962.
by the State Government, by notification in the Official Gazette” shall be substituted.
6. In the principal Act, in section 110, in clause (e), after the words, “arising out of such Amendment of
section 110 of
claims", the words “as may be prescribed" shall be inserted. Guj. X of 1962.
7. In the principal Act, in section 114, - Amendment of
section 114 of
Guj. X of 1962.
(i) in sub-section (1), for the words “unless the period is extended by the
Registrar”, the words “unless the period is extended by the Registrar or, as the
case may be, the State Government” shall be substituted;
(ii) for the proviso to sub-section (1), the following proviso shall be substituted,
namely: -
“Provided that, the Registrar shall not grant any extension for a period
exceeding one year at a time and five years in the aggregate.”
(iii) after the existing proviso, the following provisos shall be inserted, namely: -
“Provided further that the State Government may grant extension after
the expiry of ten years from the date of the order for winding up of the society:
Provided also that the State Government shall not grant any extension
for a period exceeding two years at a time.”.
8. In the principal Act, after section 159, the following section shall be inserted, namely:- Insetion of new
section 159A of
Guj. X of 1962.
Transfer fee for “159A. A co-operative housing society or, as the case may be, a co-operative
co-operative
housing society and housing service society shall not collect transfer fee more than the transfer fee
co-operative
housing service as may be prescribed.”.
society.
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Signature Not Verified
Signed by:BHOLUSINGH G THAKUR
Date: 2024.05.17 19:12:06 +05:30
Reason: Validate Document
Location: Government Central Press,
Gandhinagar
Government Central Press, Gandhinagar.
