A cooperative housing society in West Bengal is formed under the West Bengal Co-operative Societies Act, 2006, which however came into force in 2010. Along with the West Bengal Co-operative Societies Rules, 2011, the 2006 Act regulates the formation, structuring and working of co-operative housing societies in West Bengal.

Housing Co-operative society is defined under Section 4(36) of the 2006 Act. What is important to note is that a member of the co-operative society in West Bengal or Kalyani can be single, joint or nominal member as defined under Section 4 (41) of the Act.  A Co-operative housing society means a co-operative society, the object of which is to provide its members with dwelling house, apartments, or lands or construction of dwelling houses or apartments, and maintenance of common services in connection therewith, and includes a federation of such societies. Members holding a particular flat in a housing society jointly can be in the relationship of (i) husband and wife, or (ii) father and son or daughter and (iii) mother and son or daughter. Further, under Rule 2 (k) of the WBCS Rules, 2011, family also includes adult son or daughter irrespective of marital status in addition to the members defined under Explanation of Sub-Section (3) of Section 16 of WBCS Act, 2006.

Chapter VIII of the 2006 Act deals with special provisions with regard to housing Co-operative societies. One of the most common query regarding housing societies is whether a person can be a member of more than one housing co-operative society? The answer is a resounding yes. As long as a person, or any member of his family does not own any plot, house or flat within the local limits of any municipal corporation or municipality or town or gram Panchayat or notified authority area where the housing Cooperative society is situated except for the one where he is applying or has applied. Then the person is under no legal disability to own more than one flat in different housing societies located at different municipality areas or towns or gram Panchayats or notified authority areas. This implies that a person can own more than one housing co-operative society property in different jurisdictions.

Another important facet to note that has been asked by a lot of developers and promoters who wish to build a co-operative housing society in a self owned plot and whether it is allowed in law. It is absolutely allowed. Any person can construct flats in his own plot of land and later create a co-operative housing society and sell of the flats. The only impediment is Section 87 (1) (f) of the 2006 Act which states that an individual cannot be a member of the Co-operative housing society if he has entered into any contract with the housing society in the matter of any work constructional or otherwise relating to a project of the Cooperative society. This implies that the member cannot later enter into construction work for the housing society after the flats are constructed. However, he is always free to construct the flats and then sell them off to members. This is also resonated in Section 131(6) of the West Bengal Co-operative Societies Rules, 2011 which states that a person who has entered or intends to enter into any contract with a co-operative housing society in the matter of any work, constructional or otherwise, relating to a project of the society shall not be eligible to be a member. However, where a person conveying a plot of land in favour of a co-operative housing society intends to become a member of such society without any additional consideration and is otherwise eligible for such membership, he may be admitted as a member of such society.

The definition of member and family is often complicated by legal jargon. However, simply speaking, a co-operative housing society can be constructed by members of different families. For registration of a housing Co-operative society, a minimum of 8 members are required from different families as provided under Section 16 (3) of the Act.  Section 130 (2) of the West Bengal Co-operative Societies Rules, 2011 states that in a co-operative housing society the number of members shall not exceed the total number of plots, houses or apartments proposed by a society to be allotted to members under any scheme or project of such society. Further, a member shall be eligible for allotment of only one plot, house or apartment in a housing co-operative society. Under the Act, it is explained under Section 16 (3) that a family is generally deemed to consist of Husband, Wife, Minor sons and daughters, dependent widow of a predeceased son, minor sons and daughters of a dependant widow of a predeceased son, husband’s and wife’s dependent parents and dependant divorce daughter. Anyone, outside of this and far-off relatives are free to be members of the same housing society.

It has been held in by the Supreme Court in Gayatri De v. Mousumi Co-operative Housing Society Ltd. and Ors. [2004(2) WBLR (SC) 364] while dealing with Sub-section (3) of Section 87 of the said Act and, thereupon, observed in paragraph 26 of the report as follows:

“26. In terms of the Act and the Rules, the heirs of a deceased person are, therefore, entitled to inherit the flat allotted to the deceased as in the instant case. Admittedly, the flat in question was allotted to the father of the appellant who died thereafter and as a consequence thereof, the heirs of the said deceased became and would be entitled to the estate and as a result thereof to the said flat with proportionate interest in the land. The declaration contained in Sub-section (3) of Section 87 of the said Act is clear and unambiguous. By such declaration it has been made abundantly clear that in relation to an immovable property allotted by a Housing Co-operative Society, the legislature did not intend to change the line of succession of a member in his such allotted property. The statutory embargo is that such a property cannot be sub-divided or partitioned.

In Parul Sengupta vs Registrar of Co-op Societies [2005 (1) CHN 281], the court held that the writ petitioner, in whose favour nomination has been made, shall not be made a member of the said Society and having regard to the legislative intent contained in Sub-section (4) of Section 69 it may not be possible for us to direct the appellants to be joint members along with the writ petitioner, but to protect the interest of the appellants in the flat, which they have inherited, it is necessary for the said Society to record their interest expressly in the Share Certificate as well as in its records pertaining to members and, in particular, in the register of members so that one of the joint owners merely because of the nomination in her favour cannot transfer either the share, in which she has a part interest, or the allotment, where also she has a part interest, for the same is expressly declared to be transferable and, accordingly, can only be transferred by express consent of all the heirs.

For more information about Disputes and Differences in Co-operative Housing Societies you can read my post here: https://advocatechenoyceil.wordpress.com/2014/04/10/disputes-and-differences-in-co-operative-housing-society/

For registration of a Co-operative housing society, FORM I for the registration of a Co-operative Society with limited liability under Rule 9 (1) has to be submitted to the Registrar of Co-operative societies in the following format.

PART-I

To

The Registrar of Co-operative Societies,

 Dated …………. 20….

Sir,

We, the undersigned, agree to the enclosed by-laws and under section 16 of the West Bengal Co-operative Societies Act, 2006 (West Ben. Act XL of 2006) apply to be registered as a co-operative society with limited liability under the title of …………………………….……. the registered office being at ……….…………………… Post Office ……………….……………. Thana ……………………….. Town/Panchayat ……..………..…………………………………… Sub-division ……………………..…………….. District ………………………………………..

Thereafter provide the Name of Applicant for Registration, Father’s Name, Occupation, Age, Permanent Address, Present Address, Whether member any other society and Signature or L.T.I. of applicant

In PART-II of the Application provide:

1. Name of the proposed society ………………………………………………………………………

2. Nature of liability of members …………………………………………………………………

3. On share basis or without shares …………………………………………………………………

4. Number of applicants …………………………………………………………………………….

(a) Individual :

(b) Co-operative Societies :

5. Names of the members of the first board (constituted under section 16(2) (c) of the Act.

(1) …………………………………………………………….. Chairman

(2) …………………………………………………………….. Vice-Chairman

(3) ……………………………………………………………..

(4) ……………………………………………………………..

(5) ……………………………………………………………..

(6) ……………………………………………………………..

6. Names and address of the person (Chief Promoter in the case of a housing co-operative society) to whom communications, if any, are to be addressed till registration of the society

………………………………………………………………..

7. Certified that each of the applicants belongs to a different family as required under section 16(3) of the Act.

Signatures of three applicants authorized by the promoters to sign and certify on their behalf

(1) ………………………………..

(2) ………………………………..

(3) ………………………………..

Date: …………………………

 Registration Procedure For Co-0perative Housing Society

Step -1:-Purchase 3 copies of Application Form (Form No-1) and three copies of Bye laws.

from either West Bengal State cooperative union, 23 A, Netaji Subhas Road, 7 th Floor,  Kolkata-7000001

or from Office of the District Cooperative Union of all Districts.

Step- 2:- Obtain confirmation / approval of the proposed cooperative society from the office of the concerned Registering Authority.

Step-3:- a. Fill up the Application Form and the bye laws in triplicate.

b. Get them signed by all the intending and eligible members.
c. Get the signatures attested by the Chief Promoter (both for the application form and bye laws).

Step-4:-Enclosed the list of following documents along with the Application Form.

  1. 3 copies of the bye laws duly filled in along with the resolution adopted by the promoter members and also in keeping with the relevant provisions of the West Bengal Cooperative Societies Act and Rules.
  2. Photocopy of plot allotment letter issued by the appropriate authority /
  3. 2 passport size photographs of all the intending applicant members signing the application form and the bye laws including the Chief Promoter.
  4. (a) Either latest Salary Certificate or copy of Form 16 reflecting  deductions

Professional Tax and duly signed by the Head of the Office or D.D.O.
(b) other professionals should have to submit the Professionals Tax
Registration Certificate or Professional tax Enrolment Certificate as the case
may be.
(c) Govt. Pensioner should have to submit copy of latest I.T.R and copy of
pension payment order.
5. Declaration in the form of affidavit before a Magistrate or a Notary Public as per
model proforma.
6.    Copy of the resolutions of all the Promoters’ meetings.
    7. Copy of Application for nomination submitted by the each applicants.(enclo C)

8. Declaration of the Chief Promoter addressed to the Registering Authority as detailed under:-

a) I have not acted as Chief Promoter or acting as Chief Promoter in any other Cooperative Housing Society other than the proposed society.
b) It is the sole housing project sponsored by the proposed society.
c) I have obtained the affidavits, nomination, photographs in duplicate, salary certificate / copy of F-16 / P. Tax Registration Certificate / P. Tax Enrolment Certificate.
d) I will furnish all other related document or information considering the nature/ type of cooperative housing society as and when called by the Registering Authority.

9. Statement of up to date accounts (receipts & payments) indicating the period of accounts.

10.    Any other document depending upon the project and nature of the society.

All the above documents excepting the affidavits should be attested by the C.P.
The Chief Promoter’s photograph should be attested either by M.P / M.LA / Local Municipal Commissioner / Prodhan of G.P /Group a Officer of Central / State Govt.

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387 thoughts on “Co-operative Housing Society Rules West Bengal

  1. Hi,
    We have a land measuring 8 bighs in kankurgachi area kolkata total area full of tenants, from 1981 all tenants has stop paid rent because they are claiming them self as thika praja,but as per govt record we are still owner and corporation also sending tax bill regularly. now tax liabilities of land become huge.
    Now we want to sale this land as is where basis can you please help on this.
    Thanks
    Debdas Ghosh
    9830505421

    Like

  2. I am a member of a co-operative but due to delay in construction, I want to purchase another non-cooperative apartment in the same municipal area. I understand that I cannot have more than one co-operative apartment/land under same municipal area. Is this applicable for non-coperative apartment as well?

    Like

  3. We the resident of the district of north 24 parganas by profession business , we want form a housing cooperative societies . We are looking forward for your valuable guidance in this regard.

    Like

  4. Dear Mr. Chenoy,

    I have few queries related to co-operative housing society.

    1. I am not permanent residence of West Bengal but residing in Kolkata for 9 years and intend to become permanent residency of WB. Does I am eligible for WB cooperative housing society members?

    2. I had saw a registered cooperative flat in newtown kolkata but seller’s mother have also a flat in same cooperative. Scenario is like this 1 Member had transferred the seller flat to his grandfather and his grandfather transferred to the seller. In the legal aspect Does such case is authenticated ?

    Regards

    Like

    1. Hello Mr. Amit. 1. Yes you are already eligible to own a co-op housing flat since you have been living in Kolkata for 9 years and you can buy an apartment now. 2. Having flat in the same housing society as your mother is legal if you are an adult. Besides if your grandfather transfers or gifts flat to you then it is also legal. Now the seller can transfer that flat to you. If you need further help email me to chenoyceil@gmail.com.

      Like

  5. dear mr Chenoy,
    I am a member of cooperative housing society and its managing committe. Our society at New
    town under JRCS, RTAH.

    I am a regular visitor to your site and helps me to understand about WBCS act 2006 and rule
    2011.

    The society registered under wbcs act 1983. There was a provision in the society Bye laws to
    charge 2% penal interest for delayed payments though I could not find any such provision in
    wbcs act 1983.

    There is no such provision of penal interest for delayed payment in WBCS act 2006 also.
    However the clause of penal interest for delayed payment has been removed in model BYE Laws
    printed by West Bengal State coop union.
    But majority of the coop housing society in kolkata/west bengal charge penal interest till
    date. The penal Interest is exist in maharashtra and delhi coop housing societies.

    My question whether cooperative housing society can charge penal interest from its defaulter
    member for delayed payment now under wbcs act 2006.

    Please enlighten me.

    Like

    1. Hello Pragyan. Thank you for your kind words. I am trying my best to help people to avoid getting drowned in the uncertain waters of housing societies. The penal interest for delayed payment if introduced in the bye laws of a particular society can be tested for its legality by the Registrar of Housing Society. However, though the WBCS Act may not have such provisions. They might still be applicable if approved by the members of the society and agreed to in the bye laws of the society. For further help email me details to chenoyceil@gmail.com. Thank you.

      Like

  6. In my co-operative housing society flats have been allotted by so called lottery where no notice
    have been served to me who is a member so that I could be present. Is it legal ? Please advice
    solution to get justice.
    Thanks

    Like

    1. Hi. Notice must have been served to all existing members. Are you sure you don’t have any different address where they might have sent it. Did you check with other members? Was the lottery decided during any AGM and approved by resolution?

      Like

  7. I had booked a flat in a housing Co-op Society in Kolkata in 1975. Since I was living in the USA I booked the flat in my brother’s name and paid all the due installments from 1975 and 1983.My brother paid the last 2 installments. I decided to come back to India in 1979. In 1980 I had received a letter from the Secy of the Socy that as per my brother’s request my name has been added as a co-owner. There was no reason for me distrust the Society Management.
    Recently I wrote to my brother to replace my name with my daughter’s. My brother replied that the ACT did not allow to add a co-owner so nothing has been done. The Co-op Society has not informed me that the addition of my name as a co-owner. On Dec 1 2016 I wrote to the Secy of the Society to explain why my name was not added and why I was not informed all these years.
    I do not live in Kolkata, who should write to for taking corrective action. Thanks.
    tushar chowdhuri

    Like

  8. Dear Sir,
    Good evening. I am the owner of a flat in South City Garden, Kolkata. I reside in Chhatisgarh for job,which is transferable. So I let out my flat on leave & license agreement. Recently the newly elected body of cooperative society has started charging fee from me as tenant fee which as as much as Rs 9200/-( Rs 10/- per Sq Ft.). I pay all the CAM charges in time. But they stopped all services to my flat when I refused to pay that fee.More than that later they forced me to pay this two times in a year ( Rs 9200 x 2) because my first licensee left after three months( due to torture of society administrator & security!)
    My question is: is it justified in the eyes of law? I pay all income taxes, property taxes & CAM charges etc in time, still by way of mere authority of an elected society can they charge what ever they want? I inquired in Bengal Ambuja, Uphaar. They do not ask for any such fee.
    Recently they added another fee to the CAM charges: corpus credit of Rs 828/- per quarter.
    In failure to pay by due date they charge interest of 18% for three months and then @30% for the rest of the period. I have heard that according to RBI guidelines penal interest rates cannot be more than 12%. Is it true.
    If so,what action should I take?
    Thanking you,
    C Haldar

    Like

  9. Can 2 brothers be joint owners/ members in a cooperative housing society of West Bengal. Can the shares be in joint names of 2 brothers ?

    Like

  10. Please let me know whether a member of a cooperative housing society can be elect as
    Director when he rented his flat for earning.

    Like

  11. My friend purchased a flat from a co-operative society in Kosba area in 2003 when he was already, owning a 3 storied building on a plot of land at Salt Lake jointly, along with his three brothers since 1998/99. While purchasing the flat he gathered that the jurisdiction of the building at Salt Lake and flat at Kosba being under two different Municipalities, (one is Bidhannagar Municipality & other is Kolkata Municipality), he was eligible to have a co-operative flat at Kosba as well, especially when no portion of the building at Salt Lake could be sold by any of the brothers. He did not consult any professional person like you before purchasing.
    However, if he was right, under the same logic can I purchase a co-operative flat at Salt Lake though I am an owner of a co-operative flat at Beliaghata.

    Like

  12. Good Afternoon ! A flat has come up for transfer of shares in our building Embassy Cooperative Housing Society ltd, situated at 4 Shakespeare Sarani, kolkata 700071. The person who has applied for transfer has submitted declaration that he has does not own any property elsewhere in the municipal are of Kolkata. he also has submitted copy of purchase sale agreement in between himself and the seller. However, his flat is not registered, i.e. there is no conveyance as yet towards his flat.

    Sir, it will be apprecaited if you could advise if the managing committee can transfer share certificates in his favour in the absence of conveyance, with all other formailties and necessities being duly met with.

    My mail id : ramvanjani13@gmail.com

    Thanking You
    Anil Vanjani’
    +919836652987

    Like

    1. Hello Mr. Vanjani,
      You can transfer the share based on certain documents that you should seek from the parties. There are few steps that must be followed before transfer of share. However, you do not need the registered conveyance deed upfront. You need a declaration from the transferee that the certified copy of the registered sale deed will be submitted to the society within a given time frame. You can email me to chenoyceil@gmail.com for further guidance in this matter. Thank you.

      Like

  13. Good evening. as per Rule 93(7) of the W.B.C.S. Act 2006, Housing Co-operative Society may charge tenancy charge @ 10% of the monthly reserved rent from the tenant on letting – out of a Flat by any registered member of the housing society under tenancy. I would like to have a proper understanding of the matter.
    Your kind views upon the matter is highly solicited.
    Thanks
    Manoj Roy

    Like

  14. I am a member of cooperative housing society in Action Area – I, New Town, Kolkata which is a free hold land. Kindly clarify me the following –

    1) Can I apply for a second cooperative membership for a new plot, leasehold bais, in Action Area – II, New Town, Kolkata ?

    2) If answer to 1 is NO, then can my mother, a govt. pensioner, apply as a cooperative member and nominate me the ownership of the plot/flat, in her absence ?

    Regards

    Nirmalya
    9433392185.

    Like

  15. In the year 2008 I was inducted for membership of a coop housing society at NKDA, Rajarhat in accordance with the existing rules. The coop society was formed in 2003. The transfer of name, replacing a member, was duly approved by the Dy Reg of Coop society, Govt of WB in 2010. Construction of dwelling units started in 2013 and completed in 2016 and all the members contributed equally for completion of the building. what will be the registration fees for the individual flats and will there be any difference in registration fees payable by me and other members.

    Like

  16. Whether any occupant/ allottee can object for erection of lift in existing building Housing cooperative Societies in West Bengal. Whether objection sustainable when flats are allotted by Housing Society to the allotteedd

    Like

    1. Hello Mr. Ghose, it depends on the members of the Society and majority voting in favor of either. An allottee can definitely object even if the flats are allotted by the Housing Society.

      Like

  17. Dear Sir,
    My aunt is a member of a Housing Cooperative Society in Panagarh,West Bengal.She wants to dispose her property(land & house). I am aware of Cooperation Dept. Order no. 2522 dt.23.6.2003 and the update of 2015 in this regard.Even then, my query is : Is the land mine (i.e. my aunt’s) & can the Society demand any money as cost of land ( or on any pretext ) from buyer/seller during the disposal / transfer of the Property to an otherwise eligible person(would be member).What are the Acts / Section of Co-Op. laws I can cite in my support during an arbitration.Is there any other avenue whereby the Co-Op. Society can demand any money during the transaction / transfer.How do I prepare myself for an arbitration & would request for a contact help-line number.
    I shall anxiously look forward to your mail as the matter is most urgent.
    Thanking you in anticipation.
    Yours faithfully
    SANJAY SUTRADHAR

    Like

  18. I am a tenant in a co op. for the last 8 years. I park my car in the open parking area against a fee as charged by the co op. The co op suddenly now is not allowing my car to be parked , as I am a tenant, even at the cost of the respective charges.Can the society effect such action. How can I park my car as is done on date. Regards Biswas.

    Like

    1. Hi Arghya, was there any resolution passed by the society to disallow tenants from parking cars. Since you are a tenant of the landlord, see what rules apply to the landlord. Also any new rules has to be approved by majority members. Email me to chenoyceil@gmail.com if you need further help.

      Like

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