West Bengal Co-operative Societies Act, 1973

No: 38 Dated: Sep, 25 1973

THE WEST BENGAL CO-OPERATIVE SOCIETIES ACT, 1973

West Bengal Act XXXVIII of 1973

An Act to consolidate and amend the law relating to co-operative societies in West Bengal.

    WHEREAS it is necessary and expedient to make further provisions to give a healthy impetus and a sense of purpose to the co-operative movement in the State, to promote thrift, self-help and mutual aid amongst people with needs and interests in common, to provide for clean, devoted and efficient management of, and infuse a new life into, the co-operative societies in the State, to diversify their activities and put them on sound financial footing, to generate employment, to increase production in all sectors of life including agriculture and industry, and above all, to bring about economic and social regeneration including better and happier conditions of living for the weaker sections of the community, and for that purpose, to consolidate and amend the law relating to co-operative societies in West Bengal;

    It is hereby enacted in the Twenty-fourth Year of the Republic of India, by the Legislature of West Bengal, as follows:—

CHAPTER I

PRELIMINARY

1. Short title, extent and commencement:- (1) This Act may be called the West Bengal Co-operative Societies Act, 1973.

(2) It extends to the whole of West Bengal.

(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint:

Provided that while appointing such date the State Government may declare that any provision to be specified in the declaration shall not come into force from the date so appointed, and in that case such provision shall come into force from such date or dates as the State Government may specifically appoint in that behalf.

2. Definitions:- In this Act, unless there is anything repugnant in the subject or context,—

(a) "administrator"means a person appointed by the State Government or the Registrar under section 26 to manage the affairs of a co-operative society;

(b) "apex society" means a co-operative society whose area of operation extends to the whole of the State and the primary object of which is the promotion of the objects, and the provision of facilities for the operation, of other co-operative societies which are its members;

(c) "arbitrator" means a person appointed under clause (c) of sub-section (1) of section 87 to decide any dispute referred to him;

(d) "audit officer" means a person authorised under section 79 by general or special order to audit the accounts of a cooperative society;

(e) "by-laws" means the by-laws registered or deemed to have been registered under this Act, and includes a registered amendment of the by-laws;

(f) "central co-operative bank" has the same meaning as in the Reserve Bank of India Act, 1934;

(g) "central co-operative land development bank" means a cooperative society, the objects of which include the creation of funds out of which money is to be lent to co-operative land development banks and to persons admitted to membership of the central co-operative land development bank in accordance with its by-laws;

(h) "central society" means a co-operative society the primary object of which is to facilitate the working of other cooperative societies which are its members;

(i) "consumers' co-operative society" means a co-operative society, the primary object of which is to supply consumer goods and to render such other services to its members as may be required in respect of supplying and production of consumer goods, and includes a federation of such societies;

(j) "co-operative farming society" means a co-operative society, which has, as its principal object, the organised cultivation of the lands held by the society or its members, jointly by the members or otherwise, with a view to increasing agricultural production and employment by proper utilisation • of land, labour and other resources;

(k) "co-operative land development bank" means a co-operative society, the objects of which include the creation of funds out of which money is to be lent to members on long term upon mortgage of the immovable property for improvement of agricultural land and for other productive purposes;

Explanation.—In this clause,—

(1) "long term" means a period above five years,

(2) "productive purpose" means any effort, activity or construction to increase the productivity of agricultral land and includes—

(i) construction or repair of wells, tubewells, tanks and other works (including subsequent addition or alteration thereto) for storage, supply or distrubution of water for the purpose of agriculture including irrigation or for the use of men and cattle employed in agriculture,

(ii) preparation of agricultural or waste land to make it accessible to irrigation facilities,

(iii) construction or repair of drainage, reclamation of agricultural lands from rivers or tanks, or otherwise, steps for protection of agricultural lands from floods, erosion or damage,

(iv) promotion of horticulture,

(v) purchase of oil engines, pumping sets, electrical motors, tractors or any kind of agricultural machinery for agricultural or irrigation purposes,

(vi) construction of permanent farm-houses, cattle sheds or sheds for storing or processing agricultural produce at any satge,

(vii) purchase of machinery for crushing sugarcane, or for manufacturing gur, khandsari or sugar,

(viii) purchase of agricultural land for the purpose of consolidation of existing agricultural holdings,

(ix) such other purposes, as the State Government may, from time to time, by notification in the Official Gazette, declare to be productive purposes;

(l) "co-operative society" menans a co-operative society registered or deemed to be registered under this Act;

(m) "co-operative society with limited liability" means a cooperative society having the liability of its members limited by its by-laws to the amount, if any, unpaid on the shares respectively held by them or to such amount as they may respectively thereby undertake to contribute to the assets of the society in the event of its being wound up;

(n) "co-operative society with unlimited liability" means a cooperative society having, subject to its by-laws, an unlimited liability of its members to contribute jointly and severally in any deficiency in the assets of the society;

(o) "co-operative year" means such period of twelve months as may be prescribed for keeping the accounts of a co-operative society;

(P) "co-operative credit societies" means a co-operative society, the primary object of which is to create funds out of which money is to be lent to its members and includes credit union;

(q) "dispute" means any matter capable of being the subject of civil litigation, and includes a claim in respect of any sum payable to or by a co-operative society, whether such claim be admitted or not;

(r) "District Co-operative Union" means a co-operative society registered under this Act, having its area of operation extending to the whole of a district or a co-operative range, its primary object being to assist the State Co-operative Union in implementing its objects in the respective district or co-operative range;