Yes. And approach cooperative court. 

Has any resolution been passed in AGM authorising society to levy penalty on member for giving flat on leave and licence without society permission and police verification 

2) if so then society can impose penalty on member 

See if the bye laws or the circular/resolution in AGM authorise society to levy penalty the society can levy the penalty in absence of same no penalty can be levied.

So submit all.documents ask society to set aside penalty if it fails complaint before the cooperative court.

Dear Client,

Commercial activity in residential area is not permissible neither the society has authority to impose penalty on members except recovery of usage charges of common area.

in such a case society can levy penalty on member for giving flat on leave and licnece without police verification without furnishing NOC

The the society is competent levy such penalty . Though you can request committee to wavie off or lower the penalty.

Than it likely to be imposable for violation once agreed and confirmed by majority and binding on members.

There is no such rule penalty 5k per month. 

Incase if they charged, You should approach the cooperative registrar of your area with your complain

That's fine. And legally tenable. But you do have a dispute with the member and desire resolution, don't you? Consult me for same. You have to move cooperative court 

1. As per the information mentioned in the present query, makes it clear that the person despite of accepting the committee rules since long time, have violated the same.
2. Yes, committee can very well impose this much of penalty as it is there in the resolution passed in 2015 AGM meeting.
3. In fact,  if any earlier resolution is there which has also been accepted by this member, and their is clause for not allowing any outsider in rent for commercial activity or prior NCO for the same, then committee may take action against the person giving on rent.

Yes penalty can be imposed 

If the bye law of the society allows for imposition of fine in case of non- compliance with the rules then the same can be done. 

Regards 

If the Management Committee is authorised by the resolution passed in the AGM in this regard then a penalty of 5000 rupees is valid and in case the concerned has not taken the no objection certificate from the society in society has to take all the measures which is required in this regard and disconnect the services to that shop.

Hi,

Anything can be done as per the by laws of society.

1.  Such resolutions are not enforceable in a court of law during recovery proceedings.

NOC is not mandatory but he has to do police verification. You can fine him like that it's illegal

You may go through the association's bye laws in this regard.

If there is any provision for this penalty then you cannot question the authority.

What prevented you from submitting the requisite documents?

A resolution was passed in 2015 AGM where the members authorised the committee to impose 5k for not observing the rules.

Then you cannot dispute about this and any challenge on this would be a waste of time, money and energy