Section 93 in West Bengal Co-operative Societies Act, 2006
93. Restrictions on letting out of house or flat by member in housing Co-operative society.
(1)No member of a housing Co-operative society shall, except under the following circumstances, be allowed to let out his house or flat allotted in his favour by the housing Co-operative society-(a)where the member is transferred to his employer to any other place which is not agglomerated with the area of the housing Co-operative;(b)where the member is under the condition of his service compelled to stay outside such as in office quarters;(c)where the member is compelled to reside elsewhere due to reasons of his business or profession;(d)where the member is compelled to reside elsewhere under such other circumstances as the board may approve.(2)(a)No member of the housing Co-operative society shall allow any of his relatives besides the members of his family to reside in his house of flat without prior consent of the housing Co-operative society;(b)No member of the housing Co-operative society shall let out his house or flat under any or more of the circumstances as enumerated in sub-section (1) and receive any income in respect of such house or flat without prior written consent of the housing Co-operative society.(3)For obtaining written consent of the housing Co-operative society allowing any of his relatives to reside in terms of clause (a) of sub-section (2) or letting out in terms of clause (b) of sub-section (2), the member shall apply in duplicate to the Co-operative society with credentials of the relative or the person, to whom permission or letting out has been applied for, with evidence of circumstances under which he is compelled to reside outside his house or flat.(4)The decision of the housing Co-operative society, on any application under sub-section (3), shall be communicated to the member within thirty days from the date of receipt to the application. If the housing Co-operative society refuses to give its written consent to such application, it shall record the reasons for such refusal and communicate the same to the member. If the housing Co-operative society give its consent, a tripartite agreement amongst the member, tenant or relative and the Co-operative society embodying the terms and conditions of the proposed licence or lease, as the case may be, shall be executed and the Registrar shall be informed.(5)(a)Where a housing Co-operative society refuses or fails give the written consent under sub-section (4) and if the member intends to prefer an appeal to the Registrar against such refusal by or failure of the housing Co-operative society, he may prefer such appeal within thirty days from the date of communication of the refusal or within sixty days from the date of receipt of the application of the member by the housing Co-operative society but after expiry of thirty days from the said date in the case of failure of the housing Co-operative society to give such consent.(b)The Registrar shall, after hearing the applicant and the housing Co-operative society, dispose of the appeal within thirty days from the date of preferring the appeal.(6)If the member's relative or the tenant has been misusing the house or flat occupied by him in a housing Co-operative society, in such a manner which is objectionable on the ground of security, moral decency and public order or has been habitually acting in a manner which, in the opinion of the housing Co-operative society, has caused serious nuisance to any other member, relative or tenant, the housing Co-operative society shall withdraw the written consent and shall ask the relative or the tenant to vacant the house or the flat within thirty days from the date of decision of the housing Co-operative society and the member shall take all steps for restoration of his house or flat from the relative or the tenant, as the case may be.(7)In the event of letting out of a house or flat by the member, the housing Co-operative society may realise a tenancy charge at the rate of ten per cent of the monthly rent from the tenant per month.
