GENERAL TERMS AND CONDITIONS
(Effective From 24th October 2019)

WHO CAN APPLY

1. Any Indian Citizen /NRI/OCI who is not otherwise ineligible by operation of any law of the land, may apply through online procedure of WBHB for a dwelling unit/Car parking space / as the case may be.
2. Joint application may be made by the applicants with members of her/his family. Family includes Husband, Wife, Minor Son, minor daughter and Unmarried Daughter wholly dependent on head of the family. Joint applications of up to two individuals is permitted, for individuals belonging to the same family.
3. If the applicant or any member of his family has already got an allotment of dwelling unit or residential plot at any project of the WBHB under LIG/MIG categories, he/she or any member of his/her family shall not be eligible to apply further for any dwelling unit or residential plots in any subsequent Housing Projects of WBHB under LIG/MIG categories. An applicant may apply for all types of flats (of different sizes) in the same category (LIG, MIG, HIG),wherever separate lotteries are likely to be held.
4. Income eligibility is guided by the prevalent policy of the Govt. and as detailed in the Project Brochure & in the concerned Advertisement.

HOW TO APPLY

5. On line Application has to be submitted in accordance with the application form available through on line system.
6. Any minor correction if required to be corrected in online application, may get corrected through Admin only upon request of the applicant,prior to issue of allotment letter.
7. If any individual applicant or any member of his/her family submits more than one application in the same or different project for allotment of dwelling units through lottery and become successful in lottery in getting more than one dwelling unit, then She /He will be allowed to retain only one of them according to her/his choice. Application money in respect of other applications shall be adjusted towards payment of price of the unit chosen by her/him.
8. FAMILY INCOME CRITERIA
   • For LIG Monthly Family Income upto Rs. 30,000
   • For MIG - L monthly Family Income Rs. 30001- 50000.
   • For MIG - U monthly Family Income Rs. 50001- 80000.
   • For HIG Monthly family Income Rs 80001 and above

For salaried persons who are filing ITR
Copy of pay slip for the month prior to the month of advertisement duly stamped and signed by authorized officer of employer or annual salary certificate or Form 16 under IT Act 1961 for the last financial year duly stamped and signed by the authorized officer of the employer.
AND
Copy of Income Tax Return duly acknowledged by the Income tax Department for the last financial year. The gross total income as per return before any allowable deductions shall be considered as annual income.

For salaried persons who are not filing ITR
Copy of pay slip for the month prior to the month of advertisement duly stamped and signed by authorized officer of employer or annual salary certificate or Form 16 under IT Act 1961 for the last financial year duly stamped and signed by the authorized officer of the employer.
AND
An original certificate of Gross total income for the last financial year issued by an individual practicing CA/CA firm on their letter head, duly stamped and signed, bearing membership number / firm registration number

For Self Employed Persons who are Filing Income Tax Returns :
Copy of Income Tax Return duly acknowledged by the Income tax Department for the last financial year. The gross total income as per return before any allowable deductions shall be considered as annual income.

For Self Employed Persons who are not filing Income Tax Returns :
An original certificate of Gross total income for the last financial year issued by an individual practicing CA/CA firm on their letter head, duly stamped and signed, bearing membership number / firm registration number
Or
An original certificate of gross total income for the last financial year issued by any of the following local authorities on their letter head duly stamped and signed, bearing full name and designation of the certifying person:- MP/MLA/Panchayat Samity Sabhapati/ Mayor of Municipal corporation/ Chairman / CEO of Local municipality.

For Pensioners
Copy of pension book/ bank pension statement or pension certificate in original, duly stamped and signed by the authorized officer of the bank or employer showing evidence of receipt of pension prior to the month of the month of advertisement.
And
(any one of the following three)
An original certificate of gross total income for the last financial year issued by the following local authorities on their letter head duly stamped and signed, bearing full name and designation of the certifying person MP/MLA/Panchayat Samity Sabhapati/ Mayor of Municipal corporation/ chairman /CEO of local municipality.
Or
Copy of income tax return duly acknowledged by the Income Tax department for the last financial year. The gross total income as per return before any allowable deductions shall be considered as annual income.
Or
An original certificate of gross total income for the last financial year issued by an individual practicing CA/CA firm on their letter head, duly stamped and signed, bearing membership number / firm registration number.

Others:
Persons Filing ITR : Copy of Income Tax Return duly acknowledged by the Income tax Department for the last financial year. The gross total income as per return before any allowable deductions shall be considered as annual income.
Persons Not Filing ITR : An original certificate of Gross total income for the last financial year issued by an individual practicing CA/CA firm on their letter head, duly stamped and signed, bearing membership number / firm registration number
Or
An original certificate of gross total income for the last financial year issued by any of the following local authorities on their letter head duly stamped and signed, bearing full name and designation of the certifying person:- MP/MLA/Panchayat Samity Sabhapati/ Mayor of Municipal corporation/ Chairman / CEO of Local municipality.

PAN CARD: (Permanent Account Number): -

Submission of copies of PAN CARD (self attested) for sole/ joint applicants issued by concerned department is mandatory in all cases. If PAN CARD is not available, receipt of acknowledgement of application submitted to the IT department for obtaining PAN card is required. In case the applicants is successful in the draw of lots applicants is/are required to furnish the PAN details within 30 days from the date of draw of lots ,failing which the application is liable to be rejected.
Spelling of name of the applicant/applicants as it appears in his/her/ their PAN card/s shall only be considered as valid towards property creation and all office work.
An applicant of MIG/LIG category must declare the income of her/his family member by means of an affidavit (in the prescribed Format) sworn in before 1st Class Judicial Magistrate on non judicial stamp paper of Rs.50/- in prescribed format. An applicant (non salaried with non taxable income) has to submit an affidavit on non judicial stamp paper of Rs.50/- sworn in before 1st Class Judicial Magistrate declaring the applicants income and the income of his/her family). The WBHB reserves the right for further verification /enquiry of the documentary evidences in support of such income etc. as required in the Project Brochure, Concerned Advertisement.
The application shall be accompanied with a self declaration showing the particulars of the applicant’s family members by means of name, relationship & income etc.
In case of the event of any information so provided is found false/ incorrect, the application shall be cancelled after giving an opportunity of hearing to substantiate the claim or information. If failed the deposited amount will be forfeited.
The Board may verify, at any time, the originals of the uploaded documents, or any other document, as it may deem fit, which shall be presented before the Board, for verification by the applicant or her /his authorized representative.

On line Application in prescribed form along with application money have to be deposited in favour of West Bengal Housing Board through online payment or as per provision indicated in the concerned advertisement project brochure/website of WBHB.
A scanned copy of cancelled cheque of the sole/first applicant (showing I.F.S.C and M.I.C.R code and Bank Account No.) along with other documents as are required in application form are to be submitted by the applicant. Detail of bank a/c is to be provided in application form.

REJECTION OF APPLICATION AND PROVISIONS FOR REFUND

9. Any online application, where it is found that wrong or false information has been uploaded and material fact is suppressed, in that case, application shall be rejected and no refund of application money shall be allowed.
10. In case of these DUs (hereinafter stands for Dwelling Units) which are on sale on “As is; Where is Basis” applicant shall be allowed to visit the DU on a specified date, prior to lottery and may withdraw application within fifteen days from the date of visiting the DU, and will get refund of application money without any interest and without any Deduction. All other withdrawals after fifteen days from the specified date of visit, and upto fifteen days prior to Date of Lottery shall be charged @25 % of the Application Money plus other applicable charges. The same shall apply for applicants who have not been able to visit the DUs. Any withdrawal of application on and from fourteen days prior to the Date of Lottery and till the issue of Allotment letter shall be charged @30% of the Application Money plus other applicable charges.
11. The allottee will have to deposit the demanded amount of allotment money/ balance price/other charges against the allotted Unit within 60 days from the date of issue of allotment letter.
12. In the event of failure of the allottee to deposit the demanded amount against the allotted unit according to the time-frame as specified in the Project Brochure/Allotment Letter/concerned Advertisement/GTC, an interest on the demanded amount for the delayed period beyond 60 days and up to 180 days from the date of issue of allotment letter is to be paid by the allottee, the rate of which shall be equal to State Bank of India Marginal Cost for Funds Based Lending Rate,plus two percent.
13. In case of nonpayment of the demanded amount as laid down in the allotment letter /Project Brochure /GTC / concerned advertisement and if such period of delay exceeds 180 days from the date of issue of allotment letter, the West Bengal Housing Board shall have the following rights :-
    1. To cancel the allotment after deduction of 30% of application money plus applicable GST and other applicable Taxes, if the allottee expresses his /her inability personally/through authorized representative in writing to deposit the demanded amount within 180 days from the date of issue of allotment letter.
    2. To cancel the allotment and FORFEIT the entire application money if, the allottee does not respond within the stipulated 180 days period.
14. If the allottee surrenders the allotment of the allotted unit in writing even after making payment of demanded amount in that case, refund will be made after deduction of 30% of application money plus applicable GST plus all other applicable Taxes upon the paid amount.
15. All the refund will be made through the applicant’s bank account only as mentioned by the applicant in online application.

PROCESS OF ALLOTMENT

16. No prayer for change of allotted Unit, change of floor, location etc. shall be entertained after the lottery is completed.
17. During lottery, if the number of applicants are more than the number of units available for allotment under any scheme a waiting list from the unsuccessful applicants shall be prepared in the same lottery. Number of applicants in the waiting list shall be 30% of the total number of units available in the scheme for allotment rounded off to the nearest whole number. Units which may fall vacant subsequently due to withdrawal or cancellation of allotment shall be allotted serially to the applicants from the waiting list, on the same terms and condition as laid down in the project brochure/ GTC/concerned advertisement and corrigendum thereupon. If multiple vacancies crop up in one day then there will be a lottery for selection of the unit. The waiting list so prepared will remain valid for 12 months from the date of lottery and application money would be kept with WBHB for the period of 12 months. No interest will be allowed for this period. The applicants who would not desire to remain in the waiting list their amount of application money will be refunded on their written request without any interest.
    The scheme which may appear to be under subscribed, the lottery will be conducted for selection of dwelling units and its location.
18. All Terms and Conditions, price etc. are pertinent only to the current advertisement and in any subsequent advertisement indicating any change in Terms and Conditions may not have any association with any previous advertisement.

TRANSFER OF DWELLING UNITS, CPS & COMMON AREAS, FACILITIES ETC.

Once the deed of transfer is registered in favour of the allottee and after getting lawful right over the allotted unit, the allottee will be liable to pay taxes, maintenance charges, levies and imposition etc. as and when the same becomes due and payable to the appropriate authority. WBHB will not bear the responsibility for such payments from the date of the registration of DU.

The West Bengal Housing Board shall convene a meeting ( in cases where applicable) after giving prior notice to the allottees as soon as possible after completion of the Project, and after Registration of Deed by majority of the allottees for :-

1. Execution of deed of conveyance of dwelling units with/ without Car parking space to the respective allottees.
2. Handing over of possession of flats. [Form C]
3. Formation of the Association of Apartment owners/Co-operative Housing Society under a specific name and style for the concerned project, and
4. Formation of an ad- hoc body of Board Managers /Directors.
5. In the same meeting preparation of required Form[E] under the West Bengal Apartment Ownership Act,1972 shall be made.
6. The allottees of Housing Project shall have to form the Apartment Owners’ Association/Co-operative Housing Society as the case may be within 12t month from the date of initial meeting with the allottees regarding taking over the charges of Common Areas and Facilities of the concerned Project, and if they fail to do so the WBHB withdraw the maintenance of the Project on expiry of said 12 months.
7. Preparation of necessary required Form[I] under West Bengal Apartment ownership act shall be made.
8. The West Bengal Housing Board shall maintain the common areas and facilities (wherever applicable) till the handover of the same to the Board of Directors /Managers or within twelve months from the date of first meeting mentioned above, whichever is earlier, and for such maintenance, the West Bengal Housing Board shall levy a charge at the rate* which will be determined by WBHB and will be notified in the concerned Allotment Letter
9. In case where the possession is handed over to the allottees prior to formation of Association / Co. operative Housing Society and prior to handing over the CAF, the concerned allottee shall be liable to pay the maintenance charges to WBHB and ground Tax, municipal or other local taxes if any as may be levied by the concerned authority through WBHB until handing over the Common Areas & Facilities to the respective Registered Body.
10. In case of earlier handing over of CAF to the registered body (prior to 12 months) from the date of possession the proportionate amount of maintenance paid as advance will be refunded to the allottee.

The above list is illustrative and all items above may not apply for every project.

After completion of construction of the project, the West Bengal Housing Board shall, as sole owner , provide the details of the project property comprising the land, the building(s) and the common areas and facilities as per the provisions of the West Bengal Apartment Ownership Act,1972 in Form[A] to the proposed Association/Co-operative Housing Society as per co. op. Societies Act. 2006, formed by the Allottees for onward submission of the same to the Appropriate Authority for Registration where no such association/ cooperative already exist.

CONDITIONS FOR AMENDMENTS/CHANGES

The Board however reserves the rights to modify, amend, rectify or change of any of the existing terms and conditions of this GTC. All the allottees will be communicated in writing as well as will be published in the news paper/website of the WBHB regarding such modification /amendment /rectification or change. If any allottee does not agree with such modification/ amendment or change, he has to communicate such disagreement in writing to the Board. In that case, his full deposited amount will be refunded to him with simple saving Bank interest prevailing at the time.

INTERPRETATION

Any word used as masculine gender shall also include the feminine gender and any word used as singular number shall also include the plural number, wherever applicable.

PROHIBITION OF EXTENSION/CHANGE OF THE FLAT/HOUSE/STRUCTURE/OPEN SPACE AS PER APPROVED/SANCTIONED PLAN

Any kind of extension/change of the approved building/structure of the Flat/House or Open Space is strictly prohibited and no allottee individually or collectively will be permitted to make any extension or change thereof.