Understanding the dynamics of Cooperative Housing Societies: Who holds the authority to issue eviction notices in Kolkata?

Cooperative Housing Societies (CHS) are a common form of housing arrangement in many Indian cities, including Kolkata. These societies are governed by a set of rules and regulations, which include provisions for the eviction of tenants under certain circumstances. However, the authority to issue eviction notices is a matter of contention and often leads to disputes. This article aims to shed light on the dynamics of Cooperative Housing Societies in Kolkata, particularly focusing on who holds the authority to issue eviction notices.

Understanding Cooperative Housing Societies

A Cooperative Housing Society (CHS) is a legal entity consisting of homeowners who become its members. The society is governed by a managing committee elected by the members. The committee is responsible for the management of the society, including maintenance of common areas, collection of dues, and enforcement of society rules.

Who Holds the Authority to Issue Eviction Notices?

In a CHS, the authority to issue eviction notices typically rests with the owner of the flat. The owner, being the legal possessor of the property, has the right to decide who can occupy it and under what conditions. If a tenant violates these conditions, the owner can issue an eviction notice.

However, the society also has a role to play in this process. If a tenant is causing nuisance or violating society rules, the managing committee can bring this to the notice of the owner. If the owner fails to take action, the society can then approach the Registrar of Cooperative Societies for intervention.

Can the Chairman of a CHS Issue an Eviction Notice?

The Chairman of a CHS, despite being the head of the managing committee, does not have the authority to directly issue an eviction notice to a tenant. This power rests solely with the owner of the flat. The Chairman can, however, bring any issues concerning the tenant to the attention of the owner or the Registrar.

What is the Process for Issuing an Eviction Notice?

The process for issuing an eviction notice in a CHS is as follows:

• The owner or the society identifies a valid reason for eviction, such as non-payment of rent or violation of society rules.
• The owner issues a written notice to the tenant, stating the reason for eviction and giving a reasonable period for the tenant to vacate the flat.
• If the tenant fails to comply with the notice, the owner can approach the court for an eviction order.

In conclusion, while the managing committee of a CHS has a significant role in maintaining order within the society, the authority to evict a tenant rests solely with the owner of the flat. The Chairman of the society, despite being an important figure, does not have the power to directly issue an eviction notice.