West Bengal Co-Operative Societies Act, 1983
No: 45 Dated: May, 23 1984
West Bengal Co-operative Societies (Validation of Things Done and Actions Taken) Act, 2001
THE WEST BENGAL CO-OPERATIVE SOCIETIES ACT, 1983
West Bengal Act XLV of 1983
An Act to consolidate and amend the law relating to Co-operative societies in West Bengal.
Whereas it is necessary and expedient to make provisions to give a healthy impetus and a sense of purpose for the co-operative movement in West Bengal, to promote thrift, self-help and mutual aid amongst people with needs and interests in common, to provide for clean, devoted and efficient management relevant to the needs of, and infuse a new life into, the co-operative societies in West Bengal, to diversify their activities, put them on sound financial footing and ensure democratic functioning, 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 to bring them within the fold of co-operative movement, and for that purpose,to consolidate and amend the law relating to co-operative societies in West Bengal;
It is hereby enacted as follows:-
Chapter I
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the West Bengal Co-operative Societies Act, 1983.
(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 appoint, and different dates may be appointed for different provisions of this Act.
2. Definitions. - In this Act, unless there is anything repugnant in the subject or context,-
(1) "administrator" means an administrator appointed under section 30;
(2) "apex society" means a co-operative society whose area of membership extends to the whole of West Bengal and the primary object of which is to promote the objects, and to provide facilities for the operation of other co-operative societies which are its members, and includes a State Co-operative Bank;
(3) "arbitrator" means an arbitrator appointed under section 96 or section 97, and includes a Chief Arbitrator;
(4) "audit officer" means a person appointed or authorised to act as audit officer under section 90, and includes anAssistant Director of Co-operative Audit or Senior Auditor of Co-operative Societies, Grade-1, appointed under sub-section (2) of section 9;
(5) "board" means a board of directors for a co-operative society constituted under section 27;
(6) "by-law" means a by-law registered under this Act, and includes-an amendment thereof;
(7) "central co-operative bank" has the meaning as in the National Bank for Agriculture and Rural Development Act, 1981 ;
(8) "central co-operative land development bank" means a co-operative society, the objects of which include the creation of funds for lending money to its members and to co-operative land development banks;
(9) "central society" means a co-operative society, the primary object of which is to facilitate the working of other co-operative societies which are its members, and includes a central co-operative bank;
(10) "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 the matter of supply and production of consumer goods, and includes a federation of such co-operative societies;
(11) "co-operative farming society" means a co-operative society , the principal object of which is to organise cultivation of lands held by it or by its members jointly or otherwise with a view to increasing agricultural production and employment by proper utilisation of land, labour and other resources;
(12) "co-operative land development bank" means a co-operative society, the objects of which include the creation of funds for lending money to its members on long-term for improvement of agricultural land and for other productive purposes.
Explanation.- In this clause,-
(i) "long-term" shall mean a term exceeding five years;
(ii) "productive purpose" shall mean such effort, activity or constructions as may be prescribed.
(13) "co-operative society" means a co-operative society registered or deemed to be registered under this Act;
(14) "co-operative society with limited liability" means a co-operative 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 co-operative society in the event of its being wound up ;
(15) "co-operative society with unlimited liability" means a co-operative 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 co-operative society;
(16) "co-operative year" means the year commencing on the first day of April;
(17) "co-operative credit society" means a co-operative society, the primary object of which is to create funds for lending money to its members ******;
(18) "co-operative housing society" means a co-operative society, the object of which is to provide its members with dwelling houses, apartments, or lands for construction of dwelling houses or apartments, and maintenance of common services in connection therewith, and includes a federation of such societies;
(19) "co-operative range" means such area within the jurisdiction of an officer not below the rank of an Assistant Registrar of Cooperative Societies as may be prescribed;
(20) "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;
(21) "district co-operative union" means a co-operative society which has an area of membership extending to the whole of a co-operative range and the primary object of which is to assist the State Co-operative Union in implementing its objects;
(22) "engineers' co-operative" means a co-operative society formed of unemployed-
(i) degree holders in any branch of engineering, technology, science, commerce, arts or agriculture, or
(ii) diploma holders in any branch of engineering, technology or agriculture, or
(iii) certificate holders in any industrial trade, for their exclusive benefit, the percentage of degree or diploma holders in any branch of engineering or technology in the membership of the co-operative society being not less than sixty per cent.;
(23) "farmers' service co-operative society" means an agricultural cooperative society, the primary object of which is to render assistance, financial or otherwise, to farmers (particularly small and marginal farmers), rural artisans and agricultural labourers;
(24) "financing bank" includes a central co-operative bank, a State cooperative bank, a central co-operative land development bank, a primary co-operative bank, State Bank of India, or a nationalised bank or a regional rural bank, the object of which is to create funds for lending money to the co-operative societies or other institutions or both, declared as such by the State Government;
(25) "industrial co-operative society" means a co-operative society, the object of which includes manufacture and marketing of goods by or with the help of its members and providing supplies and services to them and to small producers and entrepreneurs, and includes a co-operative society established with the object of facilitating the operation of such society;
(26) "Inspector of Co-operative Societies" means a person appointed as such by the Registrar;
(27) "liquidator" means a liquidator appointed under section 100;
(28) "member" means a person joining in an application for registration of a co-operative society or a person admitted to the membership of a co-operative society after registration in accordance with the provisions of this Act and the rules and the by-laws made thereunder, and includes a joint member and, subject to the provisions of sub-section (3) of section 69, a nominal member.
Explanation.- For the purposes of this clause,-
(a) "joint member" shall mean any one of two persons admitted jointly to the membership of a co-operative society under sub-section (4) of section 69, and shall include either of the following persons so admitted:-
(i) husband and wife,
(ii) father and son or unmarried daughter, and
(iii) mother and son or unmarried daughter;
(b) "nominal member" shall mean any person admitted to the membership of a co-operative society as a nominal member under sub-section (3) of section 69 ;
(29) "net profit" means profit after deduction of establishment charges, contingent charges, interest payable on loans and deposits, audit fees and such other sums as may be prescribed ;
(30) "notification" means a notification published in the Official Gazette;
(31) "officer" includes a Chairman, Vice-Chairman, secretary, joint secretary, assistant secretary, managing director, manager, deputy manager, assistant manager, treasurer, director of a board, auditor elected, if any, from amongst members and any other person empowered under the rules or the by-laws to give direction relating to the affairs of a co-operative society, and also includes a Government officer deputed by the State Government or the Registrar under section 28 or an administrator appointed by the State Government or the Registrar under section 30or a special officer appointed under clause (c) of section 31 to manage the affairs of a co-operative society ;
(32) "prescribed" means prescribed by rules made under this Act ;
(33) "primary co-operative bank" has the same meaning as in the Reserve Bank of India Act, 1934 ;
(34) "primary co-operative credit society" means a co-operative society, the primary object of which is to create fund for lending money to its members;
(35) "primary co-operative agricultural credit society" means a co-operative society, the primary object of which is to create fund for lending short-term crop loan ,medium-term loan and other agricultural inputs to its members.
Explanation.- In this clause,-
(a) "short-term" shall mean a term not exceeding one year, and
(b) "medium-term" shall mean a term not less than three years and not more than five years;
(36) "primary society means a co-operative society, the object of which is to promote the common interests of its members in accordance with the provisions of this Act or the rules or the by-laws;
(37) "Registrar" means a Registrar appointed under section 9, and includes any other person appointed under that section to assist the Registrar;
(38) "relative" has the same meaning as in the Companies Act, 1956;
(39) "Reserve Bank of India" means the Reserve Bank of India constituted under the Reserve Bank of India Act, 1934;
(40) "rules" means the rules made by the State Government under this Act;
(41) "State co-operative bank" has the same meaning as in the National Bank for Agriculture and Rural Development Act, 1981;
(42) "State Co-operative Union" means a co-operative society registered under this Act, having its area of membership extending to the whole of West Bengal, and the primary object of which is-
(a) to spread education on co-operative principles and practices,
(b) to arrange for training of the employees of co-operative societies, and of the employees deputed by the State Government, on co-operative principles and practices,
(c) to deal with and solve the problems of co-operative societies which are its members,
(d) to develop the existing co-operative societies,
(e) to organise and promote new co-operative societies,
(f) to propagate and publicise co-operative principles and ideas, and
(g) to perform such other functions as may be prescribed ;
(43) "Tribunal" means the Co-operative Tribunal constituted under section 135;
(44) "Trustee" means a trustee appointed under section 44.