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Home Cooperative Queries

Illegal ‘donation money’

Rohit Gupta by Rohit Gupta
October 20, 2014
in Cooperative Queries
0
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Roy Sinha

I saw your name on the Indian Cooperative website and decided to approach you from the UK.

I understand, there is a recent Indian Supreme Court ruling which prohibits a Cooperative Housing Society from asking for ‘donation money’ at change of membership time from a leaving member.

In West Bengal Cooperation Department, although their website incorrectly mentions 0.5% of the sale money as ‘donation money’, I am told by the RCS that the Supreme Court ruling prohibits it altogether and makes it ‘illegal’.

Please can you confirm and if possible send me the appropriate link so that I can read the details of this ruling. Many thanks.

 

I C Naik

DONATIONS ARE BANNED UNDER BYE LAWS. THERE ARE BYE LAWS WHICH PERMITS VOLUNTARY DONATIONS UPON TRANSFER AND MEMBERS PAY ALSO OFFICIALLY AND WITH A DECLARATION THAT IT IS VOLUNTARY. THERE IS NO BAN BY SUPREME COURT NOT EVEN UNDER ANY GOVERNMENT CIRCULAR.

Tags: bye lawsCooperative Housing SocietyDonationindianindian cooperativeSupreme Courtwest bengal
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