Affidavit for proposed Co-operative Society – Free Affidavit Sample

Affidavit Sample -Eligibility for Membership of Special Provisions for Housing Co-operative Societies

Cooperative housing societies play a vital role in providing affordable and sustainable housing solutions to individuals and families. In the state of West Bengal, the eligibility criteria for membership in housing co-operative societies are defined under Section 87 of the West Bengal Co-operative Societies Act. Let’s analyze the key provisions outlined in this section:

1. Citizenship: To be eligible for membership, an individual must be a citizen of India or a non-resident Indian. This requirement ensures that membership is granted to those who hold legal status in the country.
2. Non-membership: An applicant should not be a member of any other housing co-operative society in West Bengal. This provision ensures that individuals do not hold simultaneous memberships in multiple societies, preventing conflicts of interest and promoting the equitable distribution of housing resources.
3. Property Ownership: The applicant or any member of their family should not own any plot of bastu land, house, or flat within the local limits of any municipal corporation, municipality, town, gram Panchayat, or notified area authority where the housing co-operative society is situated, except for the society in relation to which membership is sought. This clause ensures that individuals with existing property holdings do not seek membership in multiple societies and helps in fair allocation of housing opportunities.
4. Permanent Residency: An individual must be a permanent resident of West Bengal or have the intention to reside in West Bengal permanently within a period of one year from the date of application. This requirement ensures that membership is granted to those with a genuine connection to the state, contributing to the development and stability of the cooperative society.
5. Genuine Need for Housing: The applicant must demonstrate a genuine need for housing or additional accommodation from the co-operative society. This provision ensures that housing resources are allocated to those who truly require them, thereby addressing the housing needs of the community effectively.
6. Non-Contractual Engagement: The applicant should not have entered into any contract with the housing co-operative society concerning any constructional or other work related to a project of the society. This clause prevents conflicts of interest and ensures that membership is not sought with any ulterior motives or engagement in existing projects of the society.

The legislation further stipulates that no person shall be admitted as a member or function as an organizer of a housing co-operative society until they have made a declaration under oath before an Executive Magistrate or Judicial Magistrate. This declaration should align with the requirements specified in clauses (a) to (f) of subsection (1). Any false declaration, whether in whole or in part, is considered an offense punishable under the Act.

These eligibility criteria are crucial in upholding transparency, fairness, and accountability within housing co-operative societies. By adhering to these provisions, the cooperative sector can ensure that memberships are granted to deserving individuals and families, promoting sustainable and inclusive housing development across West Bengal.

In conclusion, the eligibility criteria for membership in special provisions for housing co-operative societies, as defined in Section 87 of the West Bengal Co-operative Societies Act, aim to create a fair and transparent framework for housing allocation. These provisions prioritize the needs of individuals without existing property holdings, ensure genuine residency and need, and prevent conflicting engagements. By upholding these criteria, cooperative societies can effectively cater to the housing requirements of the community and contribute to the overall development of the state.

Below is the draft Affidavit format under section 87 of the West Bengal Co-operative Societies Act for a membership in a proposed Co-operative Society.

AFFIDAVIT

[Section-87]

I, ________________, aged about ___ years, son of ___________, by faith- Hindu, by Occupation- _____, by Nationality- Indian, residing at __________, State- West Bengal, do hereby solemnly affirm and declare as follows:-

That I am a Citizen of India.

That I do not own house or flat or a building or building site or land other in my own name or in the name of my family as defined under section 16 (3) of the West Bengal Cooperative Societies Act, 2006 in any of the Action Areas of New Town, Kolkata, where the proposed cooperative society is located.

• That I intend to be a member of the proposed ________ Cooperative Housing Society Ltd, having its proposed registered office at _____________ In the State of West Bengal, for the purpose of owning a flat in the land of the housing project of the said Co-operative Society which is going to be constructed for residential accommodation of myself and members of the family.

• That I am a permanent resident in the State of West Bengal.

• That I am not a member of any other housing co-operative societies in West Bengal.

• That I have genuine need for housing or additional accommodation from _____________ Co-Operative Housing Society Ltd.

• That I have not entered into any contract with the ____________ Co-Operative Housing Society Ltd, in the matter of any work construction or otherwise relating to a project of the co-operative society.

That the above statements are all true to the best of my knowledge and belief and I swear this affidavit of this 31^st day of May, Two Thousand and Twenty Three.

Only Signature of the Deponent

Identified by me

(Advocate)