FAQ on Housing Cooperatives

Q. Who is the Competent Authority for approving the membership of a Cooperative housing society?
A. In terms of Section 70 (1) of the WBCS Act, 1983 and Rule 48 of the WBCS Rules, 1987 the Board of Director is the competent authority in this regard.

Q. What an intending applicant can do on being refused by the society in considering his membership?

A. He may appeal to the Registrar in terms of Section 70 (4) of the WBCS Act, 1983 and the Register will take hearing in terms of Rule 120 (1).

Q. Whether a Cooperative Housing Society may raise fee or donation from the transferer member for according consent for transfer of his land, house or apartment?

A. Yes, at present a society may raise fee or donation at the rate of .5 % of the sale value in terms order no. 2522 dated 23.6.2003 of the Cooperation Department.

Q. Whether primary cooperative housing society can change in the scheme of the project other than decided upon in the promoters’ meeting.

A. Yes but for such change approval of the general body and the concurrence of the  Registrar is mandatory.

Q. Whether a member shall make any alteration or addition or repair to any house or apartment in its possession without the written consent of the society?
 
A. No.

Q. Whether a member may be expelled by the society for committing any act prejudicial to the interest of the society or for his default in payment of dues towards cost of land or house or apartment allotted to him for more than six months?
A. Yes with observance of formalities as laid down in WBCS Rules and subject to the approval of the Registrar.

Q. Whether a cooperative housing society is competent enough in transferring the deceased member’s share and interest to the nominee if nominated by the deceased member without any approval from the Registrar?

A. Yes.

Q Whether in terms WBCS act member includes joint member? If yes, what is the meaning of joint member?

A. Yes, but joint membership is restricted to either of the following persons in terms of Section 2 (28)
a. Husband and wife,
b. father and son or unmarried daughter and
c. mother and son or unmarried daughter.