Housing Society Bye-laws in West Bengal: What to Include and How to Amend Them (Form VIII)
04 Nov 2026
Quick answer
Expulsion of a member from a housing society in West Bengal is a serious step that the law allows only in the way the Rules and the society's bye-laws set out. Rule 133 of the West Bengal Co-operative Societies Rules, 2011 deals with expulsion of members, Rule 112 gives an appeal against an order of expulsion or suspension, and Section 71 of the 2006 Act says what happens to the expelled member's share or interest. A committee that skips the procedure, or uses expulsion to settle a personal quarrel, invites an appeal it will probably lose.
Expulsion comes up most often over long unpaid dues or repeated breach of the bye-laws. This guide is for committees deciding whether to act and for members who have received a notice.
Expulsion of a member: what the law covers
| Provision | What it covers |
|---|---|
| Rule 133, 2011 Rules | Expulsion of members: grounds and procedure (read with the bye-laws) |
| Rule 112, 2011 Rules | Appeal against an order of expulsion or suspension |
| Section 71, 2006 Act | Disposal of the share or interest of a member on expulsion |
| Rule 139, 2011 Rules | Refund of deposits to a member on resignation, expulsion or death |
For the committee: before you consider expulsion
- Try the ordinary remedies first. For dues, send an accurate statement and reminders; see preparing an arrears statement. A dispute about dues can go to the Registrar under Section 102.
- Check the bye-laws. The grounds and the meeting that decides are set there and in Rule 133; see housing society bye-laws.
- Give written notice of the charge and a real chance to reply and be heard. Record the reply.
- Decide at the proper meeting, with the required majority, and record reasons in the minutes.
- Communicate the order in writing, with the reasons and the right of appeal.
For the member: if you receive a notice
- Reply in writing within the time given, point by point, and ask for copies of the papers relied on.
- If the issue is dues, clear or contest the amount with a statement; many notices end there.
- If an order is passed, appeal under Rule 112 within the time allowed, and keep paying undisputed charges.
- Take advice early; see when to take a lawyer for housing society disputes.
What happens to the flat
Expulsion ends membership; Section 71 then deals with the member's share or interest. Because a housing member's interest is tied to the flat, the consequences are serious and the procedure must be followed exactly. Disputes about the society's business go to the Registrar under Section 102; read housing society disputes before the Registrar.
Avoiding expulsion fights
Most expulsion cases begin with years of unrecorded arguments. Dated notices, clear bills and minutes that record decisions reduce them. Coopman keeps notices, bills, receipts and minutes together and dated, so both the committee and the member can see the record.
Expulsion of a member: frequently asked questions
Can a housing society expel a member for unpaid dues?
Only in the way Rule 133 and the society's bye-laws allow; ordinary remedies for dues, such as a dispute before the Registrar, should come first.
Can an expelled member appeal?
Yes. Rule 112 of the 2011 Rules provides an appeal against an order of expulsion or suspension.
What happens to the expelled member's share?
Section 71 of the 2006 Act deals with disposal of the share or interest of a member on expulsion.
Must the member be heard first?
Give written notice of the charge and a real chance to reply; check the exact procedure in Rule 133 and the bye-laws.
Sources and review
- Rule 133, WBCS Rules 2011 – expulsion of members (Indian Kanoon) future.indiankanoon.org
- West Bengal Co-operative Societies Act, 2006 – official text (Co-operation Department) cooperation.wb.gov.in
- West Bengal Co-operative Societies Rules, 2011 – official text (Co-operation Department) cooperation.wb.gov.in
- Sections 102–105 and 145–148 of the WBCS Act 2006 explained (advocatetanmoy.com) advocatetanmoy.com
Facts checked against the sources listed on 9 November 2026. General information, not legal or tax advice.
