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Housing Cooperatives

Registration of Co-operative Housing Society

Minimum No. of Promoter member required- 8 from different families.

•  Registration Procedure
•  Documents for transfer of membership

Registration Procedure

  1. Do’s for Registration of a Cooperative Housing Society

    Step -1:-Purchase 3 copies of Application Form (Form No-1) and three copies of Bye laws.
    N.B. – The available source of purchase
    (1). West Bengal State cooperative union, 23 A, Netaji Subhas Road, 7 th Floor,
          Kolkata-7000001

    (2) Office of the District Cooperative Union of all Districts. 

    (3) Office of the Deputy Registrar of Cooperative Societies, Rajarhat Township Area
         Housing, Salt Lake Stadium, Ramp No. 19, Kolkata-91

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

    N.B: A:-Before filling up the Application Form and preparation of other Documents such confirmation is necessary for avoiding duplicity of names.

    N.B: B:- (1) For  New Town, Kolkata the Registering Authority is the Dy.RCS ,RTAH ,Salt Lake Stadium, Ramp No 19, Kolkata.

    (2) For Kolkata Metropolitan Area the Registering Authority is the DY. RCS,KMAH,245, B. B. Ganguly Street, Kolkata.

    (3) For the other districts the Registering Authorities are the concerned Range Asst. RCS.

    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 anent to 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.

    1. (1) 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.
         (2) other professionals should have to submit the Professionals Tax
              Registration Certificate or Professional tax Enrolment Certificate as the case
              may be.
         (3) Govt. Pensioner should have to submit copy of latest I.T.R and copy of
             pension payment order.
    e. Declaration in the form of affidavit before a Magistrate or a Notary Public as per
        model proforma (enclo A ).
    f.    Copy of the resolutions of all the Promoters’ meetings.
         N.B. :-Model resolutions to be adopted in the Promoters’ meeting is enclosed
              (enclo B)

    g. Copy of Application for nomination submitted by the each applicants.(enclo C)
    h. Declaration of the Chief Promoter addressed to the Registering Authority as detailed under:-

    1) I have not acted as Chief Promoter or acting as Chief Promoter in any other Cooperative Housing Society other than the proposed society.
    2) It is the sole housing project sponsored by the proposed society.
    3) I have obtained the affidavits, nomination, photographs in duplicate, salary certificate / copy of F-16 / P. Tax Registration Certificate / P. Tax Enrolment Certificate.
    4) 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.

  2. i. Statement of up to date accounts (receipts & payments) indicating the period of accounts. (model a/cs –enclo-D).

      N.B.:- (A) All the above enclosures from (a) to (h) excepting the affidavit
                      should be attested by the C.P.
                (B) 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.  
j.    Any other document depending upon the project and nature of the society.

General precautions to adopted while submitting registration papers

    1. overwriting / cutting  should be penned through and drafting  in handwriting should be signed by the C.P as a mark of authentication.
    2. while attesting the photograph of X C.P should write on the front or back side of the photograph like “ photograph of X is attested “.

                               PROFORMA OF THE AFFIDAVIT (enclo-A )

Before the Magistrate / Notary Public ------------------------------------------------------------I Sri /Smt ------------------------------- s .o. /w.o / d.o ----------------------- by faith --------by occupation   service /business aged about -------years at present residing at ---------P.O. -----------------Dist ----------------- State ------------ pin code --- do hereby solemnly declare affirm as follows :-

    1. that I do not own house or flat or a building or building site or land either in my own name or in the name of my family as defined under Section 13( 2 ) of the W.B.C.S Act, 1983 in the -------------  ( KMAH area / New Town area / ------ City / Town / Village ) where the proposed cooperative society is located.
    2. That I intend to be a member of the proposed  --------------Housing Cooperative /Cooperative Housing Society having its registered office at --------------- P.O. ------- Dist -------------------- pin ---------------- for the purpose of owning  a flat in the land of the housing project of the said Cooperative Society which is going to be constructed for residential accommodation of myself and members of the family.
    3. That I am a permanent resident in the State of ------------ and I am a citizen of India and I intend to reside in West Bengal permanently.
    4. That I am not a member of any other housing cooperative societies in West Bengal.

That the above statements are true to the best of my knowledge and belief and I swear this affidavit of this  -----------  day of -----------two thousand -------

Identified by me

ADVOCATE                                                                              DEPONENT

N.B. : (1) Do not type the word /s which are not applicable in your case
(2) Please fill up present and permanent address, age etc in conformity with the application form.
(3) In case of married female please record the name of the husband.
(4) For the purpose of Section 13 (2) of the WBCS Act, 1983 a family should be deemed to consist of husband, wife, minor sons & daughters of a dependent widow of a predeceased son & husband’s dependent parents.

Model Resolutions on the Following Points to be in the Promoters’ Meeting (Enco- B)
a) Election of the C.P. from amongst the Promoter members, with his / her name, address, occupation and the authority vested on him / her.
b) That the C.P. so elected / selected has not been appointed to function as such in respect of any other Cooperative Society within the State of West Bengal.
c) Adoption of name with registered address of the proposed society.
d) Adoption of the bye-laws. (details of clauses drafted by the C.P. should be supported by resolution over and above the adoption of the bye laws as a whole i.e. authorised and paid up share capital, admission fee, number of Directors in the Board of Directors, quorum both in the General Meeting and BODs Meeting, fixation of optimum limit of cash, deletion / modification / induction of clauses in relation to the printed model bye laws supplied by the State or District Cooperative Union. )
e) Election of the first Board with office bearers like the Chairman, Vice Chairman, Treasurer – but no election or selection of Secretary to be made before registration.
f) Vesting of powers upon the Office Bearers viz, the Chairman, Vice Chairman and Treasurer and Secretary ( to be elected / selected  after the Registration ) to sign, certify documents and execute Agreement Bond etc. on behalf of the society.
g) Consideration and adoption of the scheme of the housing project mentioning number of flats, number of buildings etc.
h) Submission  of the approved housing project by the promoter members along with the application of registration or undertaking to the effect that the scheme / project as subsequently approved by the Plan Sanctioning Authority will be provided to the registration Authority within 15 days from the date of such  approval depending on the ground reality..
i) Submission of a copy of certified Agreement Bond along with the submission of application of Registration or a copy of the Agreement Bond to be executed between the Cooperative Housing Society and the Appropriate Authority will be provided to the registering authority within 15 days of such agreement depending on the ground reality.
j) To open a bank account in the name of the society with any of the branches of District Central Cooperative Bank / W. B. State Cooperative Bank / Nationalised Bank / R.R.B with mentioning the address of the bank Branch.
h) To be resolved that the Bank A /C  so opened will be operated by the Chief Promoter jointly with the Chairman but in absence of any of them, the Vice Chairman and the Treasurer together with the other present.
k) That this is the sole Housing Project by the proposed Housing Society in West Bengal and the society after registration, shall not sponsor any other project.
l) The Statement of Accounts of the society from  ---- to  --- is approved y the members.
N.B.:-Enclose the statement of accounts along with a bank balance certificate issued by the concerned Branch Manager.
m) the mode of distribution of flats will be made after approval but before commencement of the project.
n) The Area of Operation of the society is -------------------- ( mention schedule of land, sector, action area number with name and post office, road etc. as the case may be )
o) Authorisation of three names out of the promoter members to give the certificate as required under Section 13 (2) of the WBCS Act.1983 in connection with point no 7 of the Part ii of the Application Form.
p) Inclusion of any new member other than members organised the proposed society in its First Meeting.

APPLICATION FOR NOMINATION ( enclo-C)

To
 The Chief Promoter
----------------------------------Cooperative Housing Society
P.O. -------------  Dist ---------------, Pin ---------------------

Dear Sir / Madam,
 
  In terms of Section 79 of the WBCS act1983 read with the relevant provision of the byelaws of the society I do hereby nominate my wife / son / daughter Smt / Sri / Kumari --------------------- as my nominee and to request you to dispose of my share with all interest in favour of my nominee in the event of my death.
         The biodata of my nominee are detailed below for your perusal and taking necessary action at your end in terms of the relevant provision of the society.

Name of the Nominee ( block capital ) :--------------------------------------------
Date of Birth of the Nominee :------------
Identification Mark if any of the Nominee-------------------------------------------
 

Date                                                             Yours faithfully

Place

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Transfer Procedure

Checklist For Transfer of membership of Housing Cooperatives

Some Important Questions and Answers regarding transfer of plot or house or apartment

Q. Whether a member of a cooperative housing society in whose favour a plot of land or a house or apartment as the case may be may transfer such plot of land or a house or apartment?
If yes, under what circumstances it can be done?
A. Yes, it can be done in terms of SECTION 85( 9 ) of the WBCS Act, 1983 provided he has been allotted a plot  of land, house apartment by the society in terms of Rule 153 of the WBCS Rules, 1987.
Following are the grounds on which a member may subject to compliance of other provisions of WBCS Act and Rules  and subject to the prior consent of the Registrar in addition to the written consent of the Society may transfer by way of sale or usufructuary mortgage as defined in the Transfer of Property Act,1882 (4 of 1882 ):---

    1. that the member is involved in debts and such transfer is needed to pay of his creditors;
    2. that the member is compelled to shift from the locality due to unavoidable circumstances beyond the control of the member;
    3. that the member is in urgent need of money to meet the expenses of marriage or of education of his son and daughter or that the member is in urgent need of money to meet the medical expenses of any of the members of his family or any person fully dependent on him;
    4. Such other grounds analogous to those mentioned from 1 to 3.

Q   What are the formalities of –to be observed by the (1) transferer member; ( 2) transferee ( intending applicant for membership ) ; ( 3 ) concerned cooperative society and  ( 4 ) Registrar of cooperative societies ?

A. Dos of a transferer member:- He should submit an application seeking written consent of the society for transfer his plot / house / apartment to a person stating his name, address, occupation etc by way of sale with reasons of such transfer and also to request the society to move to the Registrar of Cooperative Society for getting his consent also in terms of Sub Rule ( 1 ) of Rule 142.
   He should annex with this application the following—
A Photo copy of housing allotment letter issued by the society in terms of Rule153 of the WBCS Rules,1987.
b. Photo copy of share certificate issued by the society.
c. Copy of bipartite agreement of the proposed deal of transfer.
d. An affidavit in prescribed format ( ENCLO-A )

N.B.:-If the cooperative society refuses or fails to give its consent to such transfer, it shall record the reasons for such refusal in writing and communicate the same to the member within one month from the date of receipt of the application of transferer member and the member shall have right of appeal to the registrar against such refusal or failure within thirty days from the date of communication of the refusal or within sixty days from the date of receipt of the proposal by the society.

B. Dos of a transferee :- He should submit an application of membership in Form NO- XXIX to the Secretary of the housing Society with intimation that he executed a bipartite agreement with the transferer of the society in question for purchase the  flat no / house /apartment of  ------------ person, a member of the ---------------- cooperative housing society along with the following documents for approval of his membership from the date of such lawful transfer in terms  WBCS Act & Rules read with the Transfer of Property Act,1882.
a. Application in Form No-XXIX.
b. Two recent passport size photograph.
c.   Salary Certificate or copy of latest Form-16 showing deductions of professional tax
     if any copy of professional tax registration/ enrolment / clearance certificate.
d. Copy of agreement of sale jointly attested by the transferer and the transferee.
e. A declaration to the effect that he will submit a certified copy of the sale deed after  transfer of his property by way of sale in consonance with the Transfer of Property Act, 1882 so as to facilitate the society to transfer his share along with interest to the transferee.

C. Dos  for society:

A .Secretary or Chairman depending on the situation will convene a meeting of the BODS to consider the prayer of the transferer member and the application of membership preferably within 15 days of receipt of such application

B .Society will examine the transfer proposal in the light of the provision Sub Rule (3 ) of Rule 142 and will also examine  the eligibility of the membership of the transferee in the light of submitted documents in terms  of Sub Rule (3) 135 of the WBCS Rules,1987 and if both  are considered favourably it will adopt a resolution in the following manner-

 “After detail discussion  and examination of prayers along with their related submitted documents in the light of relevant provisions of the WBCCS Act  & Rules particularly  Sub Rule (1 ), (3) of Rule 135 and Sub Rule  ( 3) of Rule 142 it is resolved that the prayer of sri /smt ----------------. Transferer member datd ---- seeking transfer of his / her flat no. --- for   ----------------( record reasons of such transfer ) by way of sale to sri / smt -------------  is considered and it was decided further that  the prayers  of the transferer and the transferee  along with their requisite documents and certified copy bof today’s BODs meeting will be sent to the Registrar in terms Rule142 (1) of the WBCS Rules, 1987 for  seeking his permission. Decided further that Sri /Smt ---------, transferee is eligible to become a member of the society and he / she will be inducted as a member of the society in place of ---Sri / Smt ---------, transferer member as  and when   a copy of the sale /purchase deed will be submitted by the transferee member to the society with transfer of share of  sri /smt ---------------, erstwhile member in favour of sri /smt --------------- , newly inducted member.”

N.B If the society refuses the prayer of such transfer it shall communicate the transferer the reasons of such refusal within thirty days from the date of receipt of such prayer in terms Section 85 (9) of the WBCS Act, 1983.
c. The society in terms of the above resolution will submit an application along with requisite documents of the transferer, transferee and certified copy of the resolution as stated in (b) above to the Registrar of Cooperative Societies requesting him to give permission for such transfer and in turn allow the society to give a written consent in favour of the transferee.

D. Dos for Registrar of Cooperatives:-Registrar role is to examine the actions of the society in the matter of transfer by the proposed way of sale in the light of the submitted document of the society and give permission of sale if the actions of the society and other related papers are found in consonance with the provision of the WBCS Act & Rules at best may direct the society to intimate his office regarding the fate of such transfer for official record.
If the Registrar is not satisfied otherwise he will communicate to the society that such permission may not be considered until the drawbacks ( to be stated in writing ) are taken care of or he may reject the prayer as a whole.

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Transfer of share and interest of a deceased member:

In all cases of transfer of share and interest of a deceased member the society is fully competent to take action in terms of section 80 of the Act and Rule 128 of West Bengal Co-operative Societies Rules, 1987. In such cases there is no provision either in the West Bengal Co-operative Societies Rules, 1983 and Rules framed there under which Registrar can intervene.

 
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