Special provision for regularisation of occupancy right of persons who have acquired such a right through the instrument of power of attorney or agreement for sale.

Special provision for regularisation of occupancy right of persons who have acquired such a right through the instrument of power of attorney or agreement for sale. A member of a housing society who has sold his plot or flat on the power of attorney or agreement for sale or by sale deed, shall cease to be a member of that society from the date of the sale of plot or flat: 11. Under Sec-91 - "Any person who has acquired property on occupancy right in a co-operative housing society through the instrument of power of attorney or agreement for sale shall have the opportunity to become member of the concerned co-operative housing society where the property exists by getting the property converted from leasehold to freehold and on paying the transfer fee to the concerned co-operative housing society along with dues, including the dues of the apex or financial institution, if any : Provided that a power of attorney holder or purchaser of property through agreement of sale and purchase in a co-operative housing society shall get the said property converted from lease hold to free hold within a period of three hundred and sixty days at the commencement of this Act and all subsequent sales and purchases of such property after the commencement of this Act, the property shall be converted from lease hold to free hold within three hundred and sixty days, failure to do so shall be deemed to be an offence under section 118 : Provided further that any such person can have access to the paid services provided by the committee, namely the use of community hall, swimming pool or any other common facilities available to the members or the use of common parking spaces provided by the co-operative housing society only in the event of his becoming member as aforesaid and the transfer fee for becoming member shall be ten thousand rupees or as may be revised by the Registrar from time to time." Any person who has acquired property on occupancy right in a co-operative housing society through the instrument of power of attorney or agreement for sale shall have the opportunity to become member of the concerned co-operative housing society where the property exists by getting the property converted from leasehold to freehold and on paying the transfer fee of Rs. 10,000 or such amount as may be determined by the Registrar from time to time to the concerned co-operative housing society along with dues, including the dues of the apex or financial institution, if any: Provided that the member who has sold his plot or flat on power of attorney or agreement for sale shall have no voting right in the affairs of the co-operative housing society, however, the power of attorney holder shall acquire voting right only after getting the property converted into freehold: Provided further that any such person can have access to the paid services, namely, the use of community hall, swimming pool or any other common facilities available to the members or the use of common parking spaces provided by the co-operative housing society only after becoming a nominal member of the co-operative housing society as per its bye-laws and after paying a nominal membership fee of Rs. 200 to the co-operative housing society: Provided also that the committee of co-operative housing society shall issue 'no objection certificate' to the general power of attorney holder on his application required for submission to get the property converted to free-hold from the lessor, within the period of thirty days of its receipt, after ensuring that there are no dues outstanding against the member or general power of attorney holder in the records of the co-operative housing society.