under Section 93 of the WBCS Act 2006 the note against point (7) states "In the event of letting out of a house or flat by the member, the Housing Co-operative society may realize a tenancy charge at the rate of ten percent of the monthly rent from the tenant per month".
We are a Co-opertive Housing Society of 8 members under HIG scheme of New Town,Kolkata and there crept a dispute on the tenancy charge by the members who have let out their flats. I seek your kind opinion regarding the tenancy charge of 10% which is in addition to the monthly Maintenance charge that has been decided by the Committee of our CHS. My query is, whether this tenancy charge is optional or fixed or can be reduced. Whether this 10% tenancy charge is mandatory to be charged from the letted out members as per the Co-operative Housing Society Act of West Bengal. The contention of doubt is due to the reason that against Section 93(7) the wording as "may realize" do not carry a "must to charge" option.
Kindly clarify to satisfy our doubt for our implementation and oblige.