Section 85 in The West Bengal Co-Operative Societies Act, 1983
85. Membership or promotership of co-operative housing society. -
(1)Notwithstanding anything contained elsewhere in this Act, but subject to such conditions as may be prescribed, any individual who is a permanent resident of West Bengal or who intends to reside in West Bengal permanently and the State Government shall be eligible for membership of a co-operative housing society.(2)Any person eligible for membership of a co-operative housing society under sub-section (1) may apply to such society for being admitted as a member thereof, and membership shall not be denied to him if plots of land, houses or apartments in [* * *] [Word omitted by West Bengal Act 27 of 1989.] buildings constructed or under construction by it are available for allotment to such person on the date of application, and plot of land or house or apartment as applied for shall be allotted to him.(3)A person shall not be a promoter or admitted as a member of a cooperative housing society until he has made a declaration and sworn before [a Magistrate or a Notary Public] [Words substituted by West Bengal Act 27 of 1989.] to the effect that he is not a member of any other co-operative housing society in West Bengal and that he or any member of his family does not own any house or apartment or plot of land in the city, town or village where the co-operative housing society is located [, other than the one in relation to which the promotership or the membership of the co-operative housing society is applied for by him under this section.] [Words inserted by West Bengal Act 27 of 1989.](4)Before a co-operative housing society is registered, its promoters shall, in a meeting called for the purpose, elect from amongst themselves a chief promoter, a chairman, a vice-chairman and a treasurer of the co-operative housing society. The powers and functions of the chief promoter, chairman, vice-chairman and treasurer shall be such as may be prescribed.(5)All payments to or by a co-operative housing society shall be made, and all accounts thereof shall be maintained, in such manner as may be prescribed.(6)The owners of apartments in any [* * *] [Word omitted by West Bengal Act 27 of 1989.] building constructed or under construction by any [* * *] [Word omitted by West Bengal Act 27 of 1989.] authority may, if all such owners agree in writing, form a co-operative housing society and apply for registration thereof under section 15, and the application in this behalf shall be supported by the agreement.(7)A member of a co-operative housing society in whose favour a plot of land or a house or an apartment, as the case may be, in a [* * *] [Word omitted by West Bengal Act 27 of 1989.] building has been allotted shall, unless he is compelled to reside elsewhere under such circumstances as may be prescribed, use the same as residence of [himself, his family and persons dependent on him.] [Words substituted by West Bengal Act 27 of 1989.](8)A member of a co-operative housing society shall communicate to the co-operative housing society in writing his intention to vacate the possession of the plot of land or the house or the apartment in a [* * *] [Word omitted by West Bengal Act 27 of 1989.] building in such manner as may be prescribed.(9)A member of a co-operative housing society in whose favour a plot of land or a house or an apartment in a [* * *] [Word omitted by West Bengal Act 27 of 1989.] building has been allotted may transfer such plot or house or apartment, as the case may be, with the written consent of the co-operative housing society, under such terms and conditions and in such manner as may be prescribed, to any other person eligible to be a member of the co-operative housing society under sub-section (1). If the co-operative housing society refuses 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 his application in this regard, and the member shall have a right of appeal to the Registrar within such period as may be prescribed.(10)After a co-operative housing society has been registered under section 15 and the certificate of registration issued under section 16 has been received by the co-operative housing society, all bank accounts opened by the chief promoter of the co-operative housing society shall be closed and all amounts thereof shall be credited to the account of the co-operative housing society.(11)No expenditure incurred by a promoter or chief promoter of a cooperative housing society for any land or house or apartment in a [* * *] [Word omitted by West Bengal Act 27 of 1989.] building shall be binding on the co-operative housing society unless such expenditure is authorised by a resolution in a meeting of promoters.(12)A member of a co-operative housing society shall not make any alteration or addition or repair to any house or apartment in a [* * * *] [Word omitted by West Bengal Act 27 of 1989.] building in his possession except with the previous approval of the co-operative housing society. The member shall apply to the co-operative housing society for the aforesaid purpose in the prescribed manner. The co-operative housing society shall consider the application in a meeting of the board and communicate to the member its decision thereon within one month from the date of receipt of the application, failing which the application shall be deemed to have been approved:Provided that if the board decides to refuse the application, the member shall have a right to make an appeal against such decision to the Registrar within fifteen days from the date of communication of the decision and the Registrar shall decide the appeal within fifteen days from the date on which the appeal is made.(13)The cost of land (including its development charges) and the cost of any house or apartment on such land built by a co-operative housing society, either by itself or by contractors appointed by it, shall be apportioned amongst its members in such manner as may be prescribed.
