WEST BENGAL CO-OPERATIVE SOCIETIES RULES 2011
(1) These rules may be called the West Bengal Cooperative Societies Rules, 2011.
(2) These shall come into force on such date** as the State Government may, by notification in the Official Gazette appoint and different dates may be appointed for different provisions of these rules.
** With effect from 18th January, 2011 vide Notification No. 180-Coop/H/2R-1/2006 (Pt.) dated 18th January, 2011 published in the Kolkata Gazette, Extraordinary, Part I. dated January 18.
(1) In these rules, unless there is anything repugnant in the subject or context -
(a) the ’Act’ means, the West Bengal Cooperative Societies Act, 2006 (West Ben. Act XL of 2006);
(b) ’Additional Registrar of Cooperative Societies’, ’Joint Registrar of Cooperative Societies’, ’Deputy Registrar of Cooperative Societies’, ’Assistant Registrar of Cooperative Societies’ and ’Cooperative Development Officer’ mean, respectively, persons appointed by those designations by the State Government to assist the Registrar of Cooperative Societies;
(c) ’Additional Director of Cooperative Audit’, ’Deputy Director of Cooperative Audit’, Assistant Director of Cooperative Audit’ and ’Senior Auditor of Cooperative Audit’ mean, respectively, persons appointed by those designations by the State Government to assis
When any rule requires the determination of one-half, one-third or any other fraction of a number and that number is not evenly divisible by 2, 3 or such other figure as may be required, the number next above which is evenly divisible by 2, 3 or such other figure shall be taken for the original number.
The forms appended to these rules or forms as near thereto as circumstances admit shall be used in all matters to which these forms relate
The ’net profit’ of a cooperative society shall be the net profit specified in clause (44) of section 4.
Cooperatives are autonomous associations of persons united voluntarily to meet their common needs and aspirations through a jointly owned and democratically controlled enterprise and adhering to the cooperative principles and values.
Before issuing any order under section 11 of the Act, the State Government may obtain a report from the Registrar and before preparing such report the Registrar shall cause an inquiry under section 100 or inspection under section 99 to satisfy himself for offering his views in connection to such exemption.
(1) No Primary Cooperative Credit Society shall be registered unless applicants -
(i) reside or hold landed property in the same town or village or in the same group of villages; or
(ii) are members of the same class or occupation.
(2) No apex or central society shall be registered unless it has, among its applicants, at least ten cooperative societies. No federal cooperative shall be registered unless it has among its applicant at least ten cooperative societies.
(3) Not more than three number of Block Level Mahila Self-Help Group Cooperative Societies shall be registered.
(1) An application for registration of a cooperative society shall be submitted to the Registrar in Form I and shall be signed by the applicants.
(2) Where a cooperative society is the applicant, the application shall be signed by an officer of the society duly empowered to sign documents on its behalf.
(3) With every application there shall be submitted, duly signed by the applicants, four copies of the bye-laws which the society proposes to adopt.
(1) On receipt of the application, the Registrar shall satisfy himself that the application and the bye-laws are in conformity with the provision of the Act, the Rules and the bye-laws are suitable for -
(a) carrying out the objects of the society, and
(b) ensuring the safe conduct of the business of the society.
(2) When a society is registered, the Registrar shall grant Certificate of Registration in Form II.
(3) On the registration of a society, four copies of its approved bye-laws as specified under section 20 shall be stamped with the official seal of the Registrar, one of the said copies shall be retained in the office of the Registrar, one copy together with Certificate of Registration in Form II shall be communicated by hand or by registered
After registration, all the societies shall affiliate with Central, Federation, Apex and National Societies, as the case may be :
Provided that in case of societies covered under sub section (4) of section 134C shall have the freedom of Choice of affiliation.
A cooperative society may amend its byelaws under section 19 and each such amendment shall be submitted to the Registrar for registration in Form VIII
(1) Every Cooperative society shall make byelaws in conformity with section 20.
(2) Bye Laws of Cooperative Society shall also include. - Where it is a consumers’ society, declaration of periodical rebates in appropriate cases on the purchase made from the society by the member, making provision for the issue of shares against the rebates so declared.
(3) Where there is conflict between the rules and the bye-laws, the provision of the rules shall prevail.
For the purpose of consultation envisaged in sub-section (1) of section 22, the Registrar shall inform the Apex Society concerned about the necessity to order division, amalgamation or reorganization requesting such Apex Society to give its views within thirty days from the date of such communication.
(1) The draft of an order shall be sent to each of the concerned cooperative societies a by registered post with acknowledgement due.
(2) After considering the suggestions or objections as per clause (b) of subsection (2) of section 22, the Registrar after giving an opportunity of being heard shall pass a final order under sub-section (1) of section 22 and shall publish such order in the Official Gazette and send copies thereof to the concerned Cooperative Societies and the concerned Apex Societies and where the Cooperative Societies are concerned with dispensing of agricultural credit, to the Reserve Bank of India and the National Bank for Agricultural and Rural Development.
(3) Every Cooperative Society receiving a copy of the order as per sub-rule (2) shall within thirty days of the receipt thereof, communicate, in writing, the substa
Before promoting any subsidiary organization under section 25, each Cooperative Society will be required to fix terms and conditions on the basis of which such subsidiary organization is promoted and terms and conditions such fixed shall be placed before the general body for its approval.
Account of every subsidiary organization promoted by the cooperative societies as provided under subsection (1) of section 25 and account of each partnership contract entered into by two or more societies as per provision of section 26 shall at least once in each cooperative year, be audited at the expense of the cooperative society by the Director of Cooperative Audit or by a person appointed or authorized by Director of Cooperative Audit to act as Audit Officer provided under subsection (1)(b) of section 97
No Cooperative Society shall admit a member or transfer shares of members within thirty days prior to the date of the annual general meeting in which election of the Directors of the Board is to be held and till assumption of charge by the new board
(1) A Half-yearly General Meeting shall be convened by the Secretary or any other officer authorized by the Board in accordance with the direction of the Board.
(2) When the Apex Cooperative Society or the Federal Cooperative Society or the Central Cooperative Society or where there is no such society the Registrar or the officer authorized by him, calls the annual general meeting under sub-section (6) of section 29. or a half-yearly general meeting under sub-section (2) of section 30 or special general meeting under sub-section (2) of section 31, the Secretary or any other officer authorized under these rules to call annual general meeting, half-yearly general meeting and special general meeting shall arrange to issue and dispatch the notices of the meetings as may be required by the Apex Cooperative Society or the federal society or the central society or where there is no such s
(1) The first Annual General Meeting of every cooperative society shall be held within fifteen months from the date of its registration and thereafter Annual General Meetings shall be held as provided in section 29.
(2) If the Board fails to take steps or does not give direction to convene any Annual General Meeting at least two months before the expiry of the period referred to in sub-rule (1), the Chairman or in his absence the Vice-Chairman or in the absence of both, the highest designated employee shall convene the meeting.
(3) Where an Annual General Meeting is required to be held by convoking representatives, the election of delegates shall be completed before the period of two months referred to in sub-rule (1) :
Provided that in case of failure of the Board to take steps or to give dir
(1) The rules pertaining to Annual General Meeting shall apply, mutatis mutandis to a Special General Meeting called under section 31.
(2) At a Special General Meeting, no business other than that specified in the relevant notice shall be considered.
A requisition for a Special General meeting to be convened under clause (b) of sub-section (1) of section 31 shall state the object of the meeting, shall be signed by the members requisitioning it and shall be sent to the registered office of the society.
On the failure of the Board to call the Half-yearly General Meeting within the period as mentioned in section 30, the Apex Cooperative Society or the Federal Cooperative Society or the Central Cooperative Society, as the case may be or where there is no such society, Registrar shall call or authorize any of his officer to call the Half-yearly General Meeting within a period of two months from the date of expiry of the period so mentioned.
(1) The General Meeting of a Cooperative Society shall examine, in addition to those mentioned in section 29, the annual report regarding working of the society and, in particular, the work of the Board and shall be competent to take all steps that may be necessary in the interest of the society.
(2) Every resolution at a meeting shall be decided by a majority of votes and if the votes be equal, the matter shall be decided by the casting vote of the Chairman of the meeting.
(1) (a) The Chairman, or in his absence the Vice-Chairman shall preside over Annual or Special General Meeting or Half-yearly General Meeting and in the absence of the both, one of the Directors in the panel mentioned in sub-rule (1) of rule 36 in the order of their names in the panel, shall preside over the meeting. And in absence of all in the panel, the members present shall elect one from amongst themselves to be the Chairman of the meeting.
(b) Where there is no Board or the Board cannot function for any reason the members present shall elect one from amongst themselves to be the Chairman of the meeting.
(c) If the Chairman of the meeting is a candidate for election, that item of agenda of the meeting shall be presided over in terms of clause (a) as if the Chairman is absent.
(d) After co
(1) Unless a larger proportion is provided in the bye-law, the quorum of an Annual or Half-yearly or Special General Meeting shall be one-fifth of total number of members or delegates or representatives subsisting on the date of notice of the meeting. No business shall be transacted at any meeting unless there is a quorum and the meeting shall be adjourned.
(2) If within half-an-hour from the time appointed for the meeting a quorum is not present, the meeting shall be adjourned ordinarily to the same day in the next week at the same place and time. The meeting shall not be adjourned for the second time.
(3) The business to be transacted in the adjourned meeting shall be the same as in the agenda of the original meeting and no fresh notice is necessary for such adjourned meeting:
Provided that
(1) Every Cooperative society shall cause minutes of proceedings of general meeting to be entered in a book kept for that purpose.
(2) The minutes shall be drawn up and signed by the Chairman or Chairmen of the meeting within three working days from the time when the meeting terminates.
(3) A general meeting of a society of which the proceedings have been so recorded, shall be deemed to have been duly called and held.
(1) Every member present at the meeting shall have only one vote. All voting excepting in the case of an election shall be by show of hands. For the purpose of election a ’poll’ or a vote by ballots shall be-held if demanded by at least 20 per centum of the members or delegates, as on the date of notice of such election. A decision by the Chairman that a resolution has been carried or lost and the entry to that effect in the minutes of the proceedings shall be conclusive proof of whether the resolution has been carried or lost.
(2) A vote by ballot shall be taken in such manner as the election officer or the board in absence of election officer may decide and the election shall be the first item in the list of agenda of the meeting in which the election is held.
(3) When vote is taken, the number of members voting for or against the resolution shall be recorded in the minutes of
The rules pertaining to notice of Annual General Meeting, quorum of Annual General Meeting, Minutes of Annual General Meeting and voting in Annual General Meeting shall apply, mutatis mutandis, to a Half-yearly General Meeting.
No quorum is required for any adjourned Annual, Half-yearly and Special General Meeting.
(1) A Primary Cooperative Society with a membership of 1000 or more shall hold its general meetings by convoking representatives (hereinafter referred to as delegates) of areas, sections, constituencies as the case may be, instead of summoning all the members in person on the basis that One delegate for every 25 members or major fraction thereof for a society having a membership of 1000 and above.
(2) Notwithstanding anything contained in sub-rule (1) the West Bengal State Cooperative Bank Limited, the West Bengal State Cooperative Agriculture And Rural Development Bank Limited, the Central Cooperative Banks and other apex and central cooperative societies shall hold their respective general meetings by convoking representatives (hereinafter referred to as the delegates) of section or categories, as the case may be, instead of summoning all members in person on the following basis,
(1) The Board shall divide the area of membership of the society into convenient areas, sections, constituencies or categories for the purpose of election of delegates.
(2) The division of area of membership of a society under sub-rule (1) shall be duly notified to all the members and a member of a particular area, section, constituency or category shall be entitled to vote in the election of delegate only for that particular area, section, constituency or category.
The Board shall make regulation to provide for all matters relating to :-
(i) the manner of nomination and election of delegates;
(ii) the total number of delegates to be elected and area, section, constituency or category in accordance with rule 31
(1) Selection among the employees of a Cooperative Society for being elected as the member of the Board shall be held by ballot.
(2) A member nominated by the State Government to the Board of a Cooperative Society under section 32 shall hold office until a fresh nomination is made in his place and the State Government may nominate a new member to fill up any casual vacancy of a nominated member.
(3) Selection amongst the members of the Self Help Groups formed under a Cooperative Society under clause (h) of sub-section (1) of section 32 of the Act for being elected as the member of the Board, shall be held by show of hand or by ballot as the Board may decide.
(1) Where the number of candidates exceeds the number of Directors to be elected, the election of Directors shall be on the basis of number of votes secured by each candidates.
(2) In case of equality of votes secured by two or more candidates, lots shall be drawn in such manner as the Chairman may decide.
(1) The Board of Directors constituted under rule 34 shall, within a period not exceeding thirty days after the general meeting elect a Chairman, a Vice-Chairman, a Secretary, where applicable and a panel of Chairman not exceeding three for presiding over its meeting in absence of the Chairman and the Vice-Chairman and other necessary office bearers from amongst themselves.
(2) In the case of equality of votes in the matter of such elections, the result shall be determined by lot.
(3) When the meeting of the Board is not held within the period of thirty days as required by sub-rule (1), the Registrar or any person authorized by him shall as early as possible arrange a meeting in exercise of the powers conferred under section 37.
(4) The outgoing Board shall stand dissolved when the new office
SupremeToday AI Service seems to be Down for a While!
Any casual vacancy in the office of Director elected under clause (a) of sub-section (5) of section 29 shall be filled up by cooption by the remaining Directors within two months from the date of such vacancy and if they fail to do so, the vacancy shall be filled up by appointment by the Registrar from amongst eligible members or delegates or representatives of the cooperative society excepting those who ceased to be the directors under sub-section (7) of section 32 and sub-rule (6) of rule 31 and the Director so co-opted or appointed shall retire at the Annual General Meeting where election is to be held next:
Provided that if such casual vacancy is not filled up, anything done or suffered or any action taken by the Board during the continuance of such vacancy shall not be invalidated by reason only of such vacancy having not been filled up.
If at the Annual General Meeting of a Cooperative Society requisite number of Directors cannot be elected as required under the bye-laws due to disqualification, non-receipt of requisite number of nomination papers or any other reason, the vacancy shall be filled up by appointment by the Registrar from amongst eligible members or delegates or representatives of the cooperative society excepting those who cease to be the directors under subsection (7) of section 32 and sub-rule (6) of rule 31 to complete the Board. The Directors so appointed, ’shall continue till fresh election which shall ordinarily be held within one year from the date of appointment by the Registrar.
As provided under section 38 the seats mentioned here below shall be reserved in the Board of Directors:
(a) one seat for scheduled caste members, if any;
(b) one seat for scheduled tribe members, if any;
(c) one seat for other backward class members, if any;
(d) one seat for women members, if any, other than members from self-help groups as provided under sub-section (1) of section 32;
(e) number of directors reserved under clauses (a), (b), (c) and (d) shall be in addition to the number of elected directors provided under clause (a) of sub section (1) of section 32;
(f) the seats reserved under clauses (a), (b) (c) and (d) shall be filled up by election among
(1) Unless the State Government constitutes the Cooperative Election Commission under the provision of section 96, the election of Directors and office bearers of all Cooperative Societies under the Fifth Schedule of the Act shall be held in the manner specified in this rule.
(2) Every Society may for the purpose of election of directors, divide its membership into different convenient groups, specify in its bye-laws the number or proportion of the members of the board who may be elected to represent each such group in the board and specify further that such representative may be elected (a) by all the members of the society, or (b) by only particular group of members if the society to which the representative vacating the office belonged.
(3) The election of the members of the board shall be held at an annual general meeting of the memb
(1) Except where the first Directors are named in the bye-laws or in the application for registration of the society, the first Directors including the Chairman and the Vice-Chairman shall be appointed by the Registrar.
(2) The Directors appointed under sub-rule (1) may not be members of the Society.
(3) The first Board shall hold office till a new Board is constituted under sub-rule (1) of rule 34 and sub-section (9) of section 16 :
Provided that any Director appointed by the Registrar may be removed by him before expiry of the terms of his office, if the Registrar is, for reasons to be recorded by him in writing of the opinion that continuance in office of such Director is not desirable in the interest of the Society.
(4) If a vacancy occurs in th
(1) No member of a Cooperative Society, other than that of a Students’ Cooperative Society, shall be qualified to be elected or appointed as Director unless he has attained the age of eighteen years on the first date of filing nomination.
(2) No member of a Cooperative Society shall be eligible to stand for election as a Director unless he is a member of the society for a continuous period of twelve months before the first date of filing nomination.
(1) The Board of a Cooperative Society may, in a meeting with specific agenda nominate a member of such society as its representative to another Cooperative Society to which the first named society is affiliated and may also recall such representative by a similar resolution of the Board with specific agenda.
(2) The board at the same meeting where resolution for recall is passed may also make a fresh nomination of another representative and no one shall be nominated as representative of the cooperative if he is individually a member of the other cooperative.
(3) In case of such recall and fresh nomination by an affiliated cooperative in a single member constituency, the freshly nominated representative shall automatically be a director of the other cooperative.
(1) A director shall cease to hold office if he -
(a) dies, or
(b) resigns his office, or
(c) is removed by the general meeting from Directorship, or
(d) loses membership of the society which he represents in the Board or the Society whose representative he is, loses membership of the other society, or
(e) becomes subject to any disqualification which debars him from seeking election as a Director, or
(f) if he fails to attend six consecutive meetings of the Board:
Provided that these provisions shall also be applicable in case of a nominated and co-opted director.
(2) The
(1) (a) A member of a Board elected or nominated or co-opted under subsection (1) of section 32 of the Act may be removed from the office by a general meeting with due agendum, if the Board recommends by a majority of the directors to do so.
(b) A nominated member in the Board may be recalled by the authority nominating him and another person may be nominated in his place at the same time.
Explanation. - The word ’nominated’ shall include Directors coming within the ambit of clauses (b), (e) and (f) of sub-section (1) of section 32 :
Provided that a co-opted director may also be recalled by the authority co-opted him as provided under sub-rule (2) of rule 43.
(2) An office-bearer may be removed from office by a resolution of the Board at a meeting s
Notice of a meeting of the Board in respect of any society or class of societies shall be given in writing, subject to the provisions of section 37, by the Secretary or any officer performing the duties of Secretary including Managing Director or the General Manager or the Chief Executive by whatever name it is called to every Director specifying the place, date and hour of the meeting together with a statement of the business to be transacted thereat, not less than seven clear working days before the date of the meeting. In case of urgency, the Chairman may convene a meeting of the Board with three clear working days’ notice. Where there is an officer deputed under section 33 or deputed to function as General Manager or Chief Executive by whatever name it is called, such officer shall call Board meetings in consultation with the Chairman.
Provided that any urgent business, not included in the statement accompanying the no
The Board meetings for the transaction of the business of the society shall be held at least once in every two months and the minutes shall be drawn up and signed by the Chairman within three clear working days from the time when the meeting terminated.
A proposal at a meeting of the Board passed by majority of votes shall be adopted and if the votes be equally divided, the matter shall be decided by the casting vote of the Chairman of the meeting if he thinks proper to exercise it, otherwise the proposal will fail.
The Chairman shall preside over all the meetings of the Board at which he is present. In the absence of the Chairman, the Vice-Chairman shall take the chair and in absence of the Vice-Chairman one of the Directors in the panel in order of their names in the panel, shall preside over the meeting.
(1) Unless a larger proportion is provided in the bye-laws, the quorum at the meeting of the Board shall be one-third of the total number of Directors subsisting on the date of issue of the notice for the meeting.
(2) No business shall be transacted at any meeting including an adjourned meeting of the Board unless there is quorum at the time when the business of the meeting is scheduled to commence within half-an-hour from the time appointed for the meeting.
(1) One third of the Directors may requisition a special meeting of the Board by giving seven clear working day’s notice.
(2) The requisition shall specify the object of the meeting and shall be signed by the Directors requisitioning and shall be delivered at the office of the society.
(3) If the Secretary or any other person performing the duties of the Secretary does not convene the meeting within seven clear working days from the date of receipt of the requisition, a notice of seven clear working days signed by the Directors requisitioning specifying the object and the date, time and place of the meeting shall be sent to all the Directors and accordingly the meeting shall be held. The Secretary or the person performing the duties of the Secretary or the Chief Executive in whatever name is called or any person under whose custody the b
The Board of a Cooperative Society shall have full control over the administration and the business of the society and shall exercise all such powers as may be necessary or expedient for the purpose of carrying out its functions under this Act, Rules and the provisions contained in the bye laws.
The Board shall observe, in all their transactions the provisions of the Act, rules and bye-laws and shall cause to perform the following duties, namely -
(a) to receive and disburse money;
(b) to maintain true accounts of money received and expended and accounts of the assets and liabilities;
(c) to prepare for submission to the Annual General Meeting -
(i) an annual report on the working of the society;
(ii) an annual statement of accounts including a Balance Sheet;
(iii) a statement of loans and defaults and appointments as required under clauses (g) and (h) of sub-section (5) of section 29;
(d) to prepare the sta
The Chairman, or in his absence, the Vice-Chairman, shall, for the transaction of the business of a society in cases of urgency, exercise all powers and perform all duties required to be exercised and performed under the Act, the Rules or the Bye-Laws by the Board except the power of sanctioning loans, bonus or ex-gratia payments. The Chairman or in his absence the Vice-Chairman shall have the full control over the administration and business of the society and shall supervise the functions of the society on behalf of the Board and shall have power to call for any record of the society or any report from Chief Executive Officer or the Secretary to satisfy himself that the affairs of the society are being managed in accordance with the resolutions of the Board :
Provided that the Chairman or the Vice-Chairman, as the case may be, shall not act in contravention of any order given or
Chairman to be placed before the meeting. - All orders passed and all acts done by the Chairman, or by the Vice-Chairman in the absence of the Chairman, in exercise of his powers and in the performance of his duties under rule 54 shall be placed for confirmation before the Board in its next meeting.
(1) Government Officer, when deputed to the service of a Cooperative Society under section 33, shall be called the Chief Executive Officer or whatever designation it is called.
(2) Subject to such conditions as the State Government may impose,-the Chief Executive Officer under control of the Board and the Chairman shall in the conduct of the business of the society, exercise the following powers, namely -
(i) have control over the employees of the society, to sanction leave, to impose any punishment upon or to suspend them:
Provided that no punishment or suspension shall be imposed without the approval of the Board.
(ii) institute, defend and conduct legal proceedings and enter into compromise or arbitration with creditors and debtors of the society
(i) The Chief Executive Officer shall discharge the following duties :-
(a) to receive all moneys on behalf of the society and issue receipts, other than receipts likely to create fresh obligations on the part of the society in effectual discharge if the money stated to have been received therein;
(b) to operate Bank Accounts subject to such conditions as may be laid down in bye-laws or in absence thereof as the Board may direct;
(c) to draw, accept, make endorse or negotiate all bills of exchange, promissory notes, debentures, securities and other documents standing in the name of, or held by the society;
(ii) to pay all costs of management and working expenses out of the fund of the society;
(iii) to de
The Administrator appointed under section 35 of the Act shall discharge the functions as provided in the said section.
In case of any difference of opinion between the Board and the Chief Executive Officer on any matter concerning the affairs of the society, the Chief Executive Officer may record his views in the minute book and may refer the matter to the Registrar, but the decision of the Board shall be final and binding upon him.
Section R.59 of the WEST BENGAL CO-OPERATIVE SOCIETIES RULES 2011 pertains to the procedures and conditions related to the recovery of dues and the enforcement of cooperative society decisions, including penalties and enforcement actions. It forms part of the broader legal framework governing the functioning, management, and dispute resolution within cooperative societies in West Bengal, under the overarching Act and Rules.
While the precise wording of Section R.59 is not provided in the sources, it generally deals with the procedural aspects of recovery of dues, penalties, and enforcement measures including the role of officers, the process of recovery, and the legal mechanisms available for enforcing decisions of the cooperative society, including penalties for misconduct or default.
The section applies to all cooperative societies registered under the West Bengal Cooperative Societies Act, 2006, and Rules 2011, particularly concerning recovery of dues, penalties, and enforcement actions. It covers actions against members or officers who default in payments or violate rules, and prescribes the procedures for such enforcement, ensuring the financial stability and discipline within societies.
The section typically prescribes penalties such as:- Imposition of fines.- Attachment and sale of property.- Imprisonment (if applicable), depending on the severity of default or misconduct.- Disqualification or suspension from holding office or membership.
Specific punishments are usually detailed in the Rules and may vary based on the nature of the violation.
"Procedural framework" - Section R.59 provides a structured process for the recovery of dues and enforcement, ensuring legal sanctity and order in proceedings against defaulters [West Bengal Co-operative Societies Rules, 2011].
"Enforcement authority" - The designated officers under Rule 53(1) are empowered to execute recovery actions under Section R.59, including attachment and sale of property, thereby facilitating effective enforcement [Ayan Samanta VS State of West Bengal].
"Role of officers" - Officers such as the Deputy Registrar or designated recovery officers are tasked with implementing recovery measures, maintaining discipline in financial transactions of societies [Ayan Samanta VS State of West Bengal].
"Penalties for misconduct" - The Rules envisage penalties such as fines, suspension, or even imprisonment for violations under Section R.59, aligning with the objective of maintaining financial discipline [Ayan Samanta VS State of West Bengal].
"Legal remedies" - The section ensures that societies can invoke legal procedures, including attachment, sale, or recovery suits, to enforce dues, thus safeguarding financial interests [Ayan Samanta VS State of West Bengal].
"Scope of applicability" - R.59 applies uniformly across all registered societies, covering recovery of dues from members, officers, or third parties involved in transactions with the society [Ayan Samanta VS State of West Bengal].
"Protection of society’s funds" - The section aims to protect the financial health of societies by providing clear mechanisms for recovery and penalties, deterring default and misconduct [Ayan Samanta VS State of West Bengal].
"Integration with other laws" - Section R.59 operates in conjunction with other legal provisions like the Indian Penal Code, Transfer of Property Act, and Revenue laws for effective enforcement [Ayan Samanta VS State of West Bengal].
"Discretion of authorities" - Officers exercising powers under R.59 have discretion within the bounds of Rules and are accountable for their actions, ensuring checks and balances [Ayan Samanta VS State of West Bengal].
"Judicial oversight" - Enforcement actions under Section R.59 are subject to judicial review to prevent abuse of power and ensure adherence to principles of natural justice [Ayan Samanta VS State of West Bengal].
"Dispute resolution" - The Rules envisage that disputes arising during enforcement can be referred to the Registrar or competent tribunal, promoting fair adjudication [Ayan Samanta VS State of West Bengal].
"Natural justice principles" - The Rules emphasize that before imposing penalties or enforcement actions, members and officers must be given an opportunity of hearing, aligning with constitutional principles [Ayan Samanta VS State of West Bengal].
"Time-bound procedures" - The section and Rules prescribe time limits for initiating recovery actions to prevent undue delay and protect rights of members [Ayan Samanta VS State of West Bengal].
"Protection of members’ rights" - The section ensures that recovery and enforcement do not violate the rights of members, including the right to legal representation and appeal [Ayan Samanta VS State of West Bengal].
"Role of the Registrar" - The Registrar’s role under R.59 is supervisory and appellate, ensuring that enforcement actions are justified and within legal bounds [Ayan Samanta VS State of West Bengal].
"Limitations and safeguards" - The Rules incorporate safeguards against arbitrary or excessive enforcement, requiring proper procedures, documentation, and approval [Ayan Samanta VS State of West Bengal].
"Penalties for non-compliance" - Non-compliance with enforcement orders can attract additional penalties, including contempt proceedings or criminal liability [Ayan Samanta VS State of West Bengal].
This concise commentary aims to encapsulate the legal framework, scope, and enforcement mechanisms under Section R.59 of the West Bengal Cooperative Societies Rules, 2011, reflecting its importance in maintaining financial discipline and legal order within cooperative societies.
(1) The Chief Executive Officer shall be indemnified out of the funds of the society for all costs, charges, travelling and other expenses incurred by him in the conduct of the society’s business or in the discharge of his duties.
(2) The society shall make such contribution towards the costs of deputation of the officer as the State Government may direct.
The following shall be the conditions of deputation of a Government Officer to the service of a Cooperative Society -
(i) a Government Officer shall ordinarily be deputed to the service of a Co-operative Society for a period not exceeding two years, such period may be so extended by the State Government or by the Registrar, as may be considered expedient:
Provided that the total period of deputation shall not exceed four years.
(ii) they shall be governed by the rules of deputation as the State Government may make from time to time;
(iii) a Government Officer deputed by the State Government or the Registrar to the service of the society may be withdrawn from such service by the State Government or the Registrar, as the case may be, on three months n
No Director shall be entitled to receive any kind of hotel charge.
The following shall be duties of the nominees of the State Government nominated under clause (b) of sub-section (1) of section 32 :
(a) to attend meeting of the Board;
(b) to watch that the Government policies are properly implemented;
(c) to register their notes of dissent in all matters in which, according to their best judgment, the resolution sought to be carried in the Board meetings are not in the interests of the society or the Cooperative movement or are likely to be prejudicial to the interests of the society or of the Co-operative movement;
(d) to keep the Registrar and the Government apprised of such resolution; if adopted by majority votes; and
(e) to register their note of dissent when the me
For the purpose of clauses (g) and (h) of sub-section (5) of section 29 the word "relative" shall mean the following Father, mother, brother, sister, wife, son, daughter, father-in-law, mother-in-law, brother-in-law, sister-in-law, nephew, niece, maternal uncle, paternal uncle, son’s wife, grandson and grand daughter.
Duties and obligations of Cooperative Societies
(1) The address of the cooperative society shall be as specified in section 39 of the Act.
(2) A change of the registered office shall be reported by the cooperative society in Form XI alongwith a resolution of the Board by registered post with acknowledgement due or by hand delivery with acknowledgement to the authorities as specified in section 39 of the Act.
The provisions of section 24 shall be taken into consideration regarding change of name of the cooperative society and its effect.
(1) Every Cooperative society shall maintain such books and registers as may be necessary for proper conduct of its business and shall, in particular, maintain corrected upto date the following books, registers and documents :-
(i) minute books for recording the proceedings of the general meetings and the meetings of the board;
(ii) register of members and their nominees if any, in Form XII;
(iii) register of affiliated societies, in Form XIII;
(iv) register of directors in Form XIV;
(v) share ledger;
(vi) ledger of deposits and other borrowings, if any;
(vii) cash book showing the balance at the end of each day;
(1) Every cooperative society shall keep open to inspection by its members, free of charge, during a specific period in office hours at its registered office the following books and documents, namely:
(i) a copy of the Act;
(ii) a copy of the by laws;
(iii) register of members and their nominees;
(iv) register of affiliated cooperatives, if any;
(v) register of directors;
(vi) share ledger;
(vii) cash book; .
(viii) register containing property and debt statements of member, if any;
(ix) general ledger, if any;
&n
(1) The State Cooperative Union may discharge the following functions, in addition to those specified in clause (63) of section 4 namely:-
(i) to promote and develop the cooperative movement in the State, to educate, guide and assist the people in their efforts to build up and expand the cooperative sector and to serve as an exponent of cooperative principles and ideas;
(ii) to organize and promote new cooperatives;
(iii) to organize cooperative training programmes and run training centers;
(iv) to develop inter cooperative relationship and help the cooperative movement in various sectors;
(v) to organize, conduct, collaborate and assist in carrying out research and investigation on important cooperative
The functions of the District Cooperative Union shall be as specified in clause (26) of section 4 of the Act.
(1) The Cooperatives shown in column (1) of Table A below on payment of the affiliation fee specified in column (2) of the Table shall be the members of the State Cooperative Union and such membership shall be renewed annually on payment of a renewal fee at the rate specified in column (3) of that Table before the expiry of every cooperative year.
(2) The cooperatives shown in column (1) of Table B below on payment of the affiliation fees specified in column (2) of the Table shall be the members of the concerned district cooperative union and such membership shall be renewed annually on payment of renewal fees at the rate specified in column (3) of that Table before the expiry of every cooperative year.
(3) Non-compliance of the provisions of sub-rule (1) by any cooperative mentioned in the Table (A) shall make it liable to penalty of ru
Every co-operative society shall send to the Registrar and the federal cooperative society such statements and returns and in such form as he may from time to time direct, and shall send, within four months from the expiry of a co-operative year or within such time as the Registrar nay direct, an annual return in Form XV.
(1) In addition to the annual returns prescribed in rule 71, the apex societies, the central co-operative banks and such other societies shall, if the Registrar so directs, furnish a quarterly return in Form XVI showing their working and transactions and such other returns as the Registrar may from time to time require.
(2) The returns and statements required by sub-rule (1) shall be furnished within three months from the expiry of the period to which they relate or within such further time as may be allowed by the Registrar.
The Board subject to the provision of rule 74 shall specify which of the officers and employees of a society shall -
(a) keep books of accounts.
(b) keep other books and registers; and
(c) prepare returns and statements:
Provided that a person in charge of accounts shall not be in charge of cash.
(1) The books and records of a society shall be kept in the custody of the Secretary or any other person exercising the powers and performing the duties of the Secretary.
(2) No member or employee of a society shall prevent the Secretary or any other person exercising the powers or performing the duties of the Secretary from having custody of the books and records of the society.
(3) Any member or employee of a society who commits a breach of sub-rule (2) shall, on conviction by a court, be punishable with fine which may extend to five hundred rupees and, where the breach is a continuing one, with further fine which may extend to ten rupees for every day during which the breach continues.
(4) Any person who fails or refuses to produce the books and registers when required by the Registrar or a
The books and records of a society shall be preserved for such period as is set forth in the Second Schedule unless otherwise directed by the Registrar.
(1) If a co-operative society fails to send to the Registrar within the time allowed any statement or return required by the Act or the rules the Registrar may cause such statement or return to be prepared by employing such persons as he may deem necessary and may assess upon the society the cost thereof.
(2) The cost assessed under sub-rule (1) shall be recoverable from the society by the collector as a public demand up to requisition by the Registrar, and the society may recover such cost from the person or persons responsible for the neglect.
Every co-operative society shall publish its audited balance sheet within one month from the date on which it is adopted by the Board by displaying it in any conspicuous place in the registered office of the society and in every branch office where the business of the society is carried on and in a daily newspaper as per instruction of National Bank for Agriculture and Rural Development or the Reserve Bank of India in case of societies regulated under the Banking Regulation Act, 1949 (Act No.1 a of 1949).
The maximum amount which a society may borrow shall be determined annually at a general meeting of the society and no society shall borrow exceeding maximum amount so determined:
Provided that the Registrar, in case of any exigency, may at any time revise the limit fixed by the general meeting.
(2) Save as is provided in rule 80, a society shall not incur liabilities from persons who are not members in excess of a maximum limit fixed from time to time in general meeting.
A primary agricultural credit cooperative society, which is a member of a Central Bank, shall be guided by the provisions of subsections (6) and (7) of section 134C in respect of its borrowings and deposits:
Provided that a society which is indebted to any other society shall repay all the outstanding dues before availing loan from any other organization provided under sub section (7) of section 134C.
No society with limited liability shall, by accepting deposits or loans or in any other way, incur liabilities exceeding twenty five times ’of the sum of the paid up share capital and the reserve fund for the time being separately invested outside the business of the society:
Provided that -
(a) the West Bengal State Cooperative Agriculture and Rural Development Bank or the State Co-operative Bank or a Central Co-operative Bank for the purpose of financing a bank or society affilated to it, as the case may be, may incur liabilities to the extent of thirty times of the value of paid up share capital and the reserve fund for the time being separately invested;
(b) with the permission of the Registrar and under such conditions as he may impose, the West Bengal State Cooperative Agriculture and Ru
(1) A credit society other than the Agricultural Credit Cooperatives and the Co-operative Banks coming within the purview of the Banking Regulation Act, 1949 (10 of 1949) shall keep a minimum liquid cover against deposits held by it according to the following scale :-
(i) forty per cent of deposits at call or on’ current account and cash credit and overdrafts sanctioned but not drawn;
(ii) twenty-five per cent of the savings deposits;
(iii) twenty-five per cent of the fixed deposits maturing within the next three months;
(iv) twelve and a half per cent of fixed deposits maturing after next three months but within the next six months:
Provided that subject to the provisions of the Banking Regulation Act, 1
A co-operative society may receive loans by issue or re-issue of debentures of one or more denominations repayable within twenty-five years in terms of the provisions contained in section 45 of the Act.
Vesting of assets of cooperative society in the trustees upon issue of debentures shall be such as specified in section 46 of the Act.
The provisions relating to issue of bonds of a cooperative society shall be such as specified in section 47 of the Act.
The State Government may grant loans, to take share in, or give any other financial assistance including grants to, any co-operative society which makes an application in this behalf, for any of the following purposes, namely :-
(a) facilitating the production of commodities or disposal thereof by the members;
(b) conducting and developing agriculture or industry undertaken by a society;
(c) redemption of prior debts of members, purchases and improvement of funds by members, or construction of any project for providing irrigation facilities for the benefit of the members;
(d) construction of office building or godown by the society or dwelling house by its members;
(e) repayment of money previously borrow
(1) An application for loan shall be in such form as may be required by the Board and shall state the purpose for which the loan is required.
(2) A member of a primary society applying for loan shall furnish a full statement of his -
(i) property and debts;
(ii) a scheme in case of medium term or long term loan;
(iii) annual expenditure including instalment of principal incurred and proposed to be incurred; and
(iv) surplus available for repayment of the loan applied for.
A cooperative may grant loan to a member thereof belonging to economically weaker sections, this is to say, persons (including scheduled castes, scheduled tribes, marginal farmers, share croppers known as adhiars, bargadars or bhagchasis or by any other local terminology, agricultural labourers and physically or mentally handicapped persons) belonging to families having total annual income not exceeding eight thousand rupees, at a concessional rate of interest and against a lower scale of securities irrespective of the value of shares held by them.
For every loan a member shall furnish such security as may be required under the bye-laws or by the Board.
No financial assistance shall be granted by a Primary Co-operative Credit Society to a member thereof unless such member furnishes the following security :-
(a) such surety as may be provided in the bye-laws;
(b) where the financial assistance has been applied for the purpose or procurement of tangible assets, hypothecation of assets; or
(c) security of other valuable assets as may be approved by the Board.
(1) The period of repayment of loan shall be such as may be provided in the bye-laws.
The Board shall determine the maximum credit of its members in such manner as it think fit.
(1) In any co-operative society in which the liability of the members is limited by shares, no loan shall be granted to a member exceeding twenty times the amount of share capital paid up by him:
Provided that -
(a) the West Bengal State Cooperative Agriculture and Rural Development Bank, the State Co-operative Bank or a Central Cooperative Bank may grant loans to a co-operative agriculture and rural development bank or a central co-operative bank upto 30 (thirty) times the amount of share capital paid up by the said banks;
(b) a primary agriculture and rural development bank or a primary cooperative bank may grant loans to a member upto thirty times the amount of share capital paid up by him;
(c) the state co-operative bank may advance loan to a so
(1) A declaration to be made under section 54 shall be in Form XVII.
(2) A register of such declaration shall be kept by the society in Form XVIII.
(1) A declaration to be made under sub-section (1) of section 55 shall be in Form XIX.
(2) A register of such declaration shall be kept by the society in Form XX.
(1) A cooperative society, object of which is to provide irrigation facilities to the cultivable land of its members, may in Form XXI apply to the Collector for the demarcation of the area irrigable from any source of irrigation other than a tank which has been declared to be derelict tank under section 4 of the Bengal Tanks Improvement Act, 1939 (Ben. Act XV of 1939).
(2) Such area shall be termed as "irrigable area".
(3) On receipt of such application, the Collector shall, after publishing notice in Form XXII, by way of hanging on the land adjoining the source of irrigation and affixing on the notice board of the Collectorate or the Anchal Panchayat and the registered office of the cooperative society, prepare and publish in the same way a map of the irrigable area and a statement in Form XXIII of the cultivable land included therein.<
The map of the irrigable area, the protected area or the Samabaya Krishi Kshetra shall be drawn upon a scale showing the boundaries of the concerned area and the settlement plot numbers of the lands included in such area.
The Board of a cooperative society may decide and fix the water rate per acre per year for supplying water to the lands for irrigation purpose.
A copy of the mortgage deed referred to in sub-section (2) of section 60 duly certified by the Manager or the Branch Manager shall be sent to the registering officer through a messenger or by registered post with acknowledgement due within thirty days from the date of its execution.
In respect of any cooperative society or class of cooperative societies in the interest of promotion of cooperative movement in the state, the State Government may, by general or special order, grant -
(i) preference in the matter of settlement of lands and fisheries owned by the State Government;
(ii) preference in the matter of making purchases and fixing prices thereof;
(iii) preference in the matter of placing contractors for Government work without inviting open tenders;
(iv) exemption from deposit of earnest money required to be made alongwith the permission of tenders for Government contract work.
(v) exemption from deposit of security money required to be made before being allowed to take up Gover
Where a compromise or arrangement is proposed by a cooperative society or its creditor or any class of creditors as referred to in section 62, the Board will decide the matter in a meeting or meetings convened for the purpose and the settlement made between the parties shall be placed before the General Body for ratification.
The sale officer shall conduct the sale as prescribed under the Act and rules.
(1) In case of any debenture or of any class or series or issue of debentures issued under the Act, the State Government shall guarantee repayment of the principal and the payment of the interest thereon, subject to such maximum amount of principal or such rate of interest and such other conditions, as the State Government may decide.
(2) Such debentures shall not be issued by a cooperative society save with the express authority of the State Government.
Every officer and every member of a cooperative society shall furnish such information in regard to the transactions or workings of the society, as may be required of him by the Registrar, an audit officer, arbitrator, liquidator or any person conducting an inspection or enquiry under Chapter X of the Act.
(1) A cooperative society may, by amendment of the bye-laws, change the form or extent of its liability.
(2) When a cooperative society passed a resolution to change the form or extent of its liability, the society shall give notice thereof in writing to all its members and creditors and notwithstanding any bye-law or contract to the contrary, any member or creditor shall, within one month of the service of the notice upon him, have the option of withdrawing his shares, deposits or loans. Any member or creditor, who does not exercise his option within the period aforesaid, shall be deemed to have assented to the change.
(3) The change shall not take effect until -
(a) the assent thereto of all members and creditors has been secured, or
(b) all claim
(1) When a member of a cooperative society, which includes among its objects the advance of loans to its members, applies for a loan or when a person applies for membership of such a society, the society may serve a notice on any creditor named in the application or ascertained after enquiry, and may also publish a general notice on all creditors, requiring him in Form, XXVII and within the time specified in the notice, to furnish a written statement of his claim in Form XXVIIA.
(2) When a member of a cooperative society, which includes among its objects the advance of loans to its member, intends to apply for a loan from any person other than the society, such member shall send to the society a notice in writing, stating -
(a) his intention to apply for such loan,
(b) the amount of the loan f
A cooperative society the objects of which includes advance of loan to its members and the financing bank, if any, of which such society is a member, may where revenue or loan or advance realizable as public demand is payable by any member of such society to the State Government, by a notice served upon the Collector, require the Collector to furnish to such society or the financing bank or both, notice of any suit or proceedings for recovery of arrear of revenue or loan or advance instituted or commenced, by him against such member.
On the application of a member of any society or of his own motion, when it appears to the Registrar that it is necessary in the interest of the working of any particular society, to regulate or restrict transactions of such society, with any nonmember, the Registrar shall, after giving the society an opportunity of being heard, issue such directions as he may consider necessary regulating or restricting such transactions.
(1) The Board of a cooperative society may from time to time create posts of different categories of employees and officers subject to the provisions of section 43, to assist the cooperative in the performance of its duties and discharge of its function and such creation of posts shall only be made with the approval of the General Body.
(2) The Board of a cooperative society shall appoint subject to sub-section (5) of section 94, such officers and other employees created under sub-rule (1).
(1) Subject to the provisions of rule 104A, all cooperative societies shall notify their vacancies, other than those required to be reported to the Cooperative Service Commission, through publication of advertisement at least in one national daily newspaper, and to the Local Employment Exchange or to the Director, National Employment Exchange, as the case maybe, and ask for names of suitable candidates in terms of the qualifications required of such candidates.
(2) For selecting the candidates, the selection committee for selection of staff other than Group D staff may hold such test and interview or Viva Voce tests as it may consider expedient.
(3) In cases where the Local Employment Exchange or the Director, National Employment Exchange, will not be in a position to furnish suitable names within two months from the date of notification
Co-operative Societies other than those mentioned in the Fifth Schedule of the Act and in regard to selection of Managing Director or the Chief Executive Officer of the West Bengal State Cooperative Bank Ltd. and all Central Cooperative Banks, the Selection Committee for assisting the cooperative societies in the matter of selection of candidates under rule 105 shall be constituted as follows :-
(a) Apex societies
(i) The Chairman and the Vice-Chairman or in their absence any two Directors of the concerned society as decided by the Board;
(ii) The Managing Director or the Chief Executive Officer of the society;
(iii) Registrar or his nominee;
(iv) One expert selected by the Society;
&
The method of recruitment and conditions of service of the officers and employees of cooperative societies shall, subject to the terms of specific contract enforceable by law and the provisions of any law for the time being in force, be as enunciated in the Appendix to this Chapter:
The method of recruitment and conditions of service of the officers and employees of cooperative societies shall, subject to the terms of specific contract enforceable by law and the provisions of any law for the time being in force, be as enunciated in the Appendix to this Chapter:
Provided that if any particular matter is not covered in the specific contract, the matter shall be guided by the method of recruitment and conditions of service as indicated in the Appendix to this Chapter.
Method of recruitment and Co
The West Bengal Co-operative Societies Rules, 2011, provide a comprehensive framework for the governance and operation of cooperative societies in West Bengal. Rule 106 specifically addresses the method of recruitment and conditions of service for officers and employees within these societies.
Section R.106 outlines the procedures and conditions under which officers and employees of cooperative societies are to be recruited. It establishes guidelines to ensure transparency and fairness in the recruitment process.
The scope of R.106 extends to all cooperative societies registered under the West Bengal Co-operative Societies Act, ensuring that the recruitment process adheres to the established rules and regulations.
While R.106 itself does not specify punishments, violations of the recruitment procedures may lead to penalties as outlined in other sections of the Act or Rules.
No person, qualified to be a member of a co-operative society under the Act, or the Rules or the Bye-laws shall be excluded from membership:
Provided that without the permission of the Registrar :-
(i) no person shall be entitled to membership of any society with unlimited liability who is or has been at any time during the two preceding years, a member of any other society with unlimited liabilities.
(ii) no person shall be entitled to membership of any credit society even with limited liability if he is a member of or is indebted to, any other such society until he has obtained in writing the consent of the society of which he is already a member.
A person intending to be a member of a Co-operative society shall apply to such co-operative society in Form XXVIII and such application shall be addressed to the Chief Executive Officer of the society by whatever designation he may be called.
Section R.108 of the West Bengal Co-operative Societies Rules, 2011, pertains to the form and manner of admission to membership in a cooperative society. It prescribes the procedural requirements for individuals seeking to become members, ensuring transparency and uniformity in the membership process.
Section R.108 mandates that a person wishing to join a cooperative society must submit an application in a specified form (Form XXVIII). The application must be addressed to the society's designated authority, such as the Secretary, Manager, or Chief Executive Officer. The section emphasizes the procedural aspect of membership admission, including the submission of the application in the prescribed manner.
Note: The analysis is based on the available sources, primarily focusing on procedural aspects as outlined in Section R.108 and related references.
Where an objection is received against any such application for membership, the objection shall be placed in the next meeting of the Board for decision:
Provided that the Board shall before coming to a decision afford the applicant and the objector an opportunity of being heard.
(1) On receipt of an appeal under sub-section (3) of section 64 the Registrar shall issue clear seven days’ notice to the appellant, to the society concerned and to the objector, if any, fixing the date, time and place of hearing and after affording the parties an opportunity of being heard, the Registrar shall make appropriate order and the order shall be binding on the society with effect from the date of receipt of the same. No resolution of the Board admitting the appellant as member shall be necessary if the Registrar decides in favour of the admission.
(2) The appeal shall be preferred within 30 days from the date of communic’ation of the decision.
(1) Before a member may exercise rights of membership, he shall :-
(i) sign a declaration in such form, as may be required by the Board, undertaking that he shall be bound by the bye-laws of the society.
(ii) sign the register of members; and
(iii) make payment of share money wherever necessary:
Provided that the requirement of the provisions of this clause shall be communicated to a member within fifteen days from the date of enrolment of such member.
(2) Liability of members -
The members of a cooperative society shall, upon the dissolution of the cooperative society, be jointly and severally liable to contribute towards any deficiency in the assets of the co
Where the Board of a Co-operative Society expels or suspends a member, such decision shall be communicated to the member within fifteen days from the date of such decision. The member such expelled or suspended shall have a right of appeal to the immediate next general meeting and the decision of the general meeting on such appeal shall be final:
Provided that no such expulsion or suspension shall be made after publication of notice of the general meeting.
A member of a cooperative society shall cease to be such member, if he :-
(i) dies, or
(ii) resigns in accordance with the Act, the Rules and Bye-laws; or
(iii) transfers his share in favour of some other person in full with the permission of the Board; or
(iv) is adjudged an insolvent; or
(v) is adjudged bankrupt; or
(vi) turns a lunatic:
Provided that the cessation of membership shall be deemed to be effective from the date when cause of cessation arises.
When any association or body of persons or a cooperative society is admitted as a member of a cooperative society, it shall appoint anyone of its directors or officers, by an instrument in writing, to exercise its rights and perform its duties in relation to such society.
(1) Where the Board of a society has reasonable cause to believe that a member has not utilized a loan for the purpose for which it was advanced, the society may, by a notice, direct the member to show cause, within such time as may be specified in the notice, why the loan shall not be recalled, and where no cause is shown to the satisfaction of the society within the time specified, the society :-
(a) may recall the loan; and
(b) if the loan is not refunded immediately on recall shall apply to the Registrar for an award under section 139 in order to recover the loan.
(2) where cause is shown, the society may after holding an enquiry and giving such member an opportunity of being heard, take such decision as it may consider expedient.
Where the liability of a member of a co-operative society is limited by shares, no member other than the State Government or another co-operative society shall hold more than such portion of the share capital, of the cooperative society as may, subject to the maximum of one fifth of the share capital of the society be prescribed in the bye-laws of the cooperative society.
(1) Where a co-operative society has to make a refund of the value of a share, the value of the share shall be deemed to be equal to the amount paid upon the share:
Provided that where a portion of the asses is estimated to be bad or doubtful in the latest audited balance sheet, and is not covered by funds created out of profits, the Board may, for the purpose of such payment, reduce the value of the share, in the same proportions as the aggregate amount of assets which are not bad or doubtful, less the amount of outside liabilities, bears to the paid-up share capital.
(2) Where a transfer of share or interest is made, the value of the share or interest shall be deemed to be the sum actually paid by the member for the acquisition of such share or interest.
(1) A member of a co-operative society may in accordance with the provision of section 76 nominate in writing or person belonging to his family to whom the share or interest or the value of such share or interest shall, on his death, be paid or transferred under the provision of the Act; nomination shall be made in Form XXVIIIB :
Provided that if a member has no family he may nominate any person to whom such share or interest or the value of such share or interest shall be paid or transferred:
Provided further that such member may, from time to time, revoke such nomination and make a fresh nomination.
(2) Every co-operative society shall keep a register of all persons so nominated.
(3) In case the nominee of a member dies, the member shall report th
Where a member of a co-operative society ceases to be a member due to any reason,’ the shares held by him in the society may be refunded in accordance with the provisions of sub-rule (1) of rule 116A.
In addition to the manner specified in section 79 a Co-operative society may invest or deposit its funds in any other manner permitted by the Registrar and in the manner in case of societies under cooperative credit structure entity as provided under sub section (6) of section 134C.
A Co-operative society may, subject to the provisions of section 81 invest or deposit the bad debt fund -
(a) with the West Bengal State Co-operative Bank Limited;
(b) with any Central Co-operative Bank operating in the area of the society within which its registered office lies or situated;
(c) in any Government Savings Bank;
(d) in any other manner permitted by the Registrar.
A co-operative society may, with prior approval of the general body and on such conditions as it may impose, use in its business -
(i) upto one-fourth of its reserve fund, when the owned capital is less than the borrowed capital;
(ii) upto one-half of its reserve fund, when the owned capital is equal to or exceeds the borrowed capital; and
(iii) the entire reserve fund, when there is no borrowed capital.
(1) A cooperative society establishing Employees’ Contributory Provident Fund under section 83 shall make regulations for its management, particularly with regard to -
(i) authority to administer the fund;
(ii) amount of employees contribution to be deducted from the employee’s salary;
(iii) mode of nomination for payment of the amount of the fund in case of tile employee’s death;
(iv) the purpose for which, extent to which, and the period after which advance may be made from such fund, at)d the number of monthly instalments in which the advance is to be repaid;
(v) final payment of the amount standing in the fund on the employee’s retirement, resignation or otherwise; .
&
(1) In every cooperative society with shares, dividend may be declared upto a maximum of 12 percent per annum, on the amount paid up on shares as laid down in clause (a) of sub-section (1) of section 86 :
Provided that a Primary Agricultural Credit Cooperative Society or a Cooperative Agriculture and Rural Development Bank may pay dividend in accordance with the guidelines framed by the Registrar in consultation with the National Bank as provided under sub-section (8) of section 134C.
(2) In any co-operative society dealing in goods, rebate may be allowed on the total amount of payments made by a member during a co-operative year towards his purchase of goods from the society during that year.
(b) In case of credit societies, rebate on interest may be allowed to members making timely repaymen
(1) Every co-operative society shall, after the close of each co-operative year contribute five per cent of its net profit subject to a maximum of rupees fifteen thousand to the co-operative Education Fund. Such contribution shall be remitted to the West Bengal State Co-operative Bank Limited or to the Central Co-operative Bank of the area concerned within three months from the date of receipt of the audited accounts.
The Central Co-operative Bank on receipt of the amount shall transfer the same to the West Bengal State Co-operative Bank Limited within a period of thirty days from the date of the receipt:
Provided that the societies under Cooperative Credit Structure Entity may contribute as per this sub-rule to the Cooperative Education Fund but they shall have no compulsion in the matter as provided under sub-section (9) of section 134
A co-operative society may make contributions under clause (b) of sub-section (1) of section 86 for any charitable purpose as defined in section 2 of the Charitable Endowment Act, 1890.
Special provisions for Housing Co-operative Societies
For the purpose of registration of a housing co-operative society all the promoters intending to join the application for registration shall hold meeting for -
(a) adoption of name of the proposed society and of its bye-laws,
(b) election of the Chief Promoter and the first board including the Chairman, the Vice-Chairman and the Treasurer from amongst the promoters,
(c) vesting the Chief Promoter, the Chairman, the Vice-Chairman and the Treasurer with powers and function as laid down in these rules,
(d) consideration and adoption of the scheme of the project to be undertaken by the proposed society,
(e) Consideration and approval of the agreement to be entered into with the vendor or lessor of the land, b
The Chief Promoter of a housing co-operative society shall take steps, as may be necessary, under the provisions of the Act and Chapter II of these rules to get the society registered and shall-
(a) open a bank account to be operated by him jointly with the Chairman or, in absence of any of them, the Vice-Chairman and the Treasurer together with the other available and submit such document alongwith updated statement of accounts (receipts and payments) to the Registrar alongwith the application for registration.
(b) negotiate with the approval of the Chairman to purchase or get land, building or tenement.
After registration of a housing cooperative society the Chairman or, in his absence, the Vice-Chairman shall, within three months from the date of such registration, convene the first meeting of the Board for the purpose of election of office bearers other than the Chairman, the Vice-Chairman and the Treasurer and for such other purposes as the Chief Promoter, may, with the approval of the Chairman determined.
(1) The report under clause (b) of sub-section (1) of section 89 shall, besides report about progress of the work, contain particulars of (a) funds raised from members (b) expenses incurred under various heads prior to and after registration, (c) how many members resigned and how many enrolled after registration of the society and (d) the latest estimate regarding the project cost.
(2) Where the society decides to have the work executed by architects and contractors, in first meeting a panel of architects and contractors not exceeding three in each case, shall be prepared after giving due publication of notice, in at least one daily newspaper having wide circulation:
Provided that when the total cost of the project of a cooperative housing society exceeds rupees fifty lakhs, the society shall, in a meeting, decide to have the project exe
(1) Allotment of plots, houses or apartments by the Board shall be made strictly on the basis of the principles and policies adopted in its first meeting and shall be communicated to each member within seven days from such decision about allotment or otherwise. Any person dissatisfied by the decision of the Board may appeal to the general body of members whose decision shall be final.
(2) The member intending to prefer such appeal shall within fifteen days from date of receipt of the communication of the decision of the Board express his intension in writing to the Board to prefer an appeal, and the Board shall within forty-five days of receipt of such intimation arrange to hold a meeting of the general body.
(1) Every applicant for membership of a co-operative housing society shall submit at the time of registration of the society or admission as member after registration shall submit the following documents to the Registrar or to the society, as the case may be :-
(i) Declaration in the form of an Affidavit in prescribed form;
(ii) Two recent passport size photographs duly attested by the Chief Promoter and in case of Chief Promoter by an M.P/M.L.A./local Municipal Commissioner/Pradhan of GP/any Gazetted Officer of the State or the Central Government/Headmaster/Principal of any Government recognized educational Institution;
(iii) Copy of salary certificate or copy of Form - 16 showing deduction of P. Tax (in case of salaried persons);
(iv) Copy of Prof
(1) A person shall cease to be a member, if -
(i) he incurs any of the disqualifications to be a member;
(ii) he fails to accept any allotment of land or house or apartment within a period of ninety days from the date of allotment; or
(iii) he or any member of his family establishes any business relationship with the society or acts as an advocate or solicitor against the society, unless otherwise directed by the Registrar.
(2) The cessation of membership shall be deemed to be effective from the date when the cause of cessation referred to above first arises.
(3) Notwithstanding anything contained in clause (i) of sub-rule (1), membership of a person shall not cease if he or any member of his family becom
(1) Any member who continues to default in payment of his dues towards cost of land or house or apartment allotted to him by the society for more than six months without a break continues to default in payment of his maintenance charges for more than three months without break may be expelled from the society by the vote of two-thirds of the members of the board present and voting at a meeting after he has been given an opportunity of being heard and no resolution of the board shall be effective unless it is submitted to the Registrar for approval and approved by him:
Provided that the order of expulsion shall take effect only from the date of communication of the decision of the board to the concerned members after the approval of the Registrar, as aforesaid, has been duly obtained:
Provided further that the approval or disapproval of t
Where a member, after his entitlement to title or interest in any land, house or apartment continues to default in payment to the society for a period of more than six months, the board may take steps for recovery of the dues laid down against serial 4 of the Second Schedule to the Act.
Subject to the powers and duties conferred and imposed by these rules, the Board of a housing co-operative society shall exercise the following powers and perform the following duties, namely -
(a) to appoint, suspend, remove or discharge all persons engaged on payment of fees or on the basis of contract, such as contractors, solicitors, supervisors, engineers, valuers, architects and surveyors;
(b) to invite tenders and to enter into contracts for and on behalf of the society and to settle the terms thereof:
Provided that the terms and conditions of contracts once settled shall not be altered without a resolution passed by two-thirds of the members present and voting at a meeting of the board;
(c) to authorise by name one of the members of the boar
The Board shall endeavour to avoid any escalation of project cost. However, if there is any escalation, the board shall bring the fact to the notice of the general body in the annual general meeting or special general meeting forthwith.
(1) All financial transactions in a co-operative housing society involving an amount exceeding one thousand rupees shall be made by Account Payee cheques only.
(2) All payments to a co-operative housing society shall be made against serially machine-numbered receipts duly signed by the secretary and bearing the common seal of the society.
(3) All payments by a co-operative housing society shall be made against proper receipt duly signed and dated by the payee concerned.
(4) All receipts and payments by a co-operative housing society shall be immediately entered in the cash book of the society making corresponding entries in the relevant ledgers.
(1) In all cases of transfer and letting out of land, house or apartment written consent of the society shall be required.
(2) A member of a housing co-operative society in whose favour a plot of land or a house or an apartment in a multistoried building has been allotted may transfer by way of sale or usufructuary Mortgage as defined in the Transfer of Property Act, 1882 (4 of 1882) such plot or house apartment, as the case may be, on one or more of the following grounds -
(i) that the member has been involved in debts and the transfer by way of sale or usufructuary mortgage is necessary to payoff his creditors; :
(ii) that the member is compelled to shift from the locality due to unavoidable circumstances beyond the control of the member;
(iii) th
Deposits made by a member of a housing co-operative society towards cost of project shall, in the event of termination of his membership by resignation, expulsion, death or otherwise be refunded to him or his nominee or his legal heir, as the case may be, within six months from the date of such termination.
In the annual general meeting of a co-operative housing society held in terms of section 29, the board shall submit a comprehensive report in terms of section 90 of the Act.
(1) The West Bengal State Co-operative Housing Federation Limited may, upon a scheme being drawn up by it duly approved by the Registrar at any time, undertake construction of houses anywhere within the State of West Bengal under its supervision and control, and simultaneously sponsor co-operative housing societies and transfer the houses to those societies on terms and conditions agreed upon by the sponsoring and the sponsored society.
(2) In the case of a co-operative housing society sponsored by the West Bengal State Co-operative Housing Federation Limited the expression ’Chief Promoter’, wherever it occurs in these rules, shall mean the Chief Executive Officer of the said housing federation.
Notwithstanding anything contained elsewhere in these rules, the West Bengal State Co-operative Housing Federation Limited or any co-operative housing society may incur liabilities by way of loan from any other co-operative society, the Government or any other financing institution against adequate security irrespective of the amount of paid-up share capital and reserve fund separately invested outside the business of the society.
Notwithstanding anything contained elsewhere in these rules, the West Bengal State Co-operative Housing Federation Limited or any other co-operative housing society may grant loan to a member upto fifty times the amount of Share Capital paid-up by such member so, however, that the amount of loan to be granted to the member shall not exceed ninety percent of value of the land acquired or taken possession of by such member or where possession of by such member or where building has been constructed or proposed to be constructed on such land, or both land and building.
(1) The value of land for the purpose of clause (c) of section 72 shall be determined by the society -
(a) by arriving at an average sale value with reference to recorded sales of similar land in the locality within the last three years, or
(b) if no such record of sale is available, by having the value of the land assessed by the Land Acquisition Collector within the local limits of whose jurisdiction the land is located.
(2) The valuation of house or apartment shall be made by an empanelled valuer.
(1) No primary housing cooperative society shall undertake any housing project other than one decided upon in the promoters’ meeting for the purpose of registration of the society without the approval of the general body and concurrence of the Registrar:
Provided that in the Calcutta Metropolitan Area; as defined in Calcutta Metropolitan Development Authority Act, 1972 (West Ben. Act XI of 1972), no primary co-operative housing society shall sponsor more than one housing project
Any member of a housing co-operative society, who is an employee of the Central or the State Government or any public undertaking or government sponsored institution, may on being formally allotted land, house or apartment by the society of which he is a member, obtain loan from his employer on such terms and conditions as may be imposed by the employer and such loan, either in lump or in suitable instalments, as the case may be, shall be paid to him or on his authority to the housing co-operative society of which he is a member or the West Bengal State Co-operative Housing Federation Limited as may be decided by the employer upon an agreement by the Loanee member to assign the right with the co-operative housing society upon a further agreement to pledge his gratuity or deposits or interest. He shall also be required to execute a second mortgage in favour of his employer after completion of the house or the apartment.
(1) When a member intends to vacate the possession of the plot, house or apartment he shall communicate such intention to the board in writing explaining the reasons thereof and intimating the period by which he intends to vacate.
(2) Whenever a member intends to make any addition or alternation or repair of any house or apartment in his possession, he shall communicate such intention to the board in writing explaining the purpose of such addition or alternation or repair proposed and furnishing such information as may be necessary;
The cost of any land (including its development cost) or the cost of any house or apartment on such land built by a housing co-operative society shall be apportioned in such manner as may be decided by the board.
(2) The cost of maintenance, repair or replacement of common areas and facilities shall be apportioned according to carpet area:
Provided that where apportionment of cost according to carpet area is not considered, equitable the society may with the approval of the Registrar, realise the cost in such manner as it may consider fit.
A member of a housing cooperative society shall not be entitled to any title or interest in any land, house or apartment unless he has made full payment towards the cost of such land, house or apartment as may be finally apportioned by the society.
A member of a housing co-operative society may under the following circumstances be allowed to reside outside the house or apartment allotted in his favour by a housing co-operative society :-
(a) if the member is transferred by his employer to any other place:
(b) if the member is under the conditions of his service compelled to stay outside such as in a government quarter;
(c) if the member is compelled to reside elsewhere due to reasons of his business or avocations;
(d) if the member is compelled to reside elsewhere under such other circumstances as the board may approve.
The statement to be furnished under sub-section (2) of section 91 shall be in Form XXIX.
Co-operative Service Commission, Co-operative Registration Council and Co-operative Election Commission
(1) The Chairman of the Co-operative Service commission appointed under section 94 shall be paid in respect of time spent on actual service, salary and allowances, last drawn by him where he is a retired officer and his usual salary and allowance where he is a serving officer:
Provided that if the person appointed as Chairman of the commission is in receipt of pension (Other than disability or wound pension), his salary shall be reduced by the amount of that pension and if he has, before such appointment received any such sum in lieu of a portion of the pension, his salary shall be reduced by the amount of that portion of the pension and the pension equivalent to gratuity.
(2) A member of the Commission shall be paid salary of Rs.5000/- (Rupees five thousand) per month provided under sub-section (3) of section 94.
&n
(1) The Cooperative Registration Council referred to sub-section (1) of section 95 shall have a Secretary to be appointed by the State Government by Notification in the Official Gazette. Such Co-operative Registration Council (hereinafter referred to as the Council) shall discharge its functions in the following manner -
(a) On receipt of the memorandum sent by the Registrar under subsection (8) of section 16 transferring therewith the papers pertaining to the registration proposal, the Secretary of the Council shall convene by a written notice meeting of the Council within ten days from the date of such receipt. Seven clear days’ notice shall be given for such meeting. Alongwith such notice shall be sent a statement containing the following particulars -
(i) name of the proposed society and the proposed address thereof;
&
.-(1) The Co-operative Election commission shall hold meetings for the purpose of fixing general or particular guidelines and rules of business for holding of elections of all registered cooperative societies in West Bengal:
Provided that the Board of all registered cooperative societies shall furnish the commission such papers, information which the Commission may require from time to time.
(2) The Co-operative Election Commissioner appointed under section 96 shall be paid in respect of time spent on actual service, salary and allowances, last drawn by him where he is a retired officer and his usual salary and allowances where he is a serving officer, provided that if the person appointed as the Co-operative Election Commissioner is in receipt of pension (other than disability or wound pension), his salary shall be reduced by the amount
For preparation of panel of Auditors under section 97 the State Government or the Director of Co-operative Audit with the approval of the State Government shall invite application from amongst the eligible persons which shall include the members of the Institute of Cost and Works Accountant of India constituted under the Cost and Works Accountant Act 1959, and members of the Institute of Chartered Accountants of India both having Certificate of Practice issued by the respective Institutions. Such panel of auditors shall be prepared from the members of above named two Institutions by obtaining applications from them as provided under subsection (1) (b) of section 97 through advertisement in at least one State level daily newspaper on such terms and conditions as may be decided by the State Government and upon receiving such applications, such panel shall be finalized by a Committee constituted by the State Government from time to time.
Audit under clause (b) of sub-section (1) of section 97 of the Act shall include the following :-
(a) examination of over due debts, if any;
(b) verification of cash balance, securities and fund investment;
(c) valuation of assets and liabilities of the cooperative and calculation of depreciation of assets;
(d) verification of the balance at the credit of the depositors and creditors and the amount due from the debtors of the cooperative;
(e) examination of the statements of accounts to be prepared by the cooperative society in Form XXX or in such other form as may be provided by any law;
(f) examination of the stocks and purchases and checking of the entries i
An audit under clause (b) of sub-section (1) of section 97 of the Act, shall include annual audit, monthly running audit, concurrent audit, re-audit and other matters as decided by the State Government.
(1) A Co-operative Society shall pay audit fee calculated on the working capital on the last day of the co-operative year for which the audit fee will be due.
(2) The fees for annual audit shall be calculated at the following rates, namely :-
(i) Where the working capital does not exceed one lakh rupees at the rate of five rupees for everyone thousand rupees or part thereof subject to a minimum of one hundred rupees.
(ii) Where the working capital exceeds one lakh but does not exceed fifty lakh rupees five hundred rupees plus at the rate of eighty rupees for everyone lakh rupees or part thereof on the amount exceeding one lakh rupees.
(iii) Where the working capital exceeds fifty lakhs rupees but does not exceed one crore rupees Four thousand five h
(1) Where the audit of the accounts of a co-operative society is conducted by a Departmental Officer, the audit fees shall be deposited, within a period of three months from the date of submission of the audit report, in the nearest Treasury or the sub-treasury, as the case may be, under the appropriate receipt head of the State Government and one copy of receipted challan shall be submitted to the Director of Cooperative Audit by the cooperative society.
(2) Where the accounts of a society are audited by an Audit Officer, not being a Departmental Officer, the audit fee shall be paid, within a period of three months from the date of submission of the audit report, direct to such audit officer upon proper receipt, if no objection is filed before the Registrar about audit report in the meantime.
(3) Audit fees payable by a society shall be
(1) The audit report referred to in sub-section (1) of section 98 shall state -
(a) Whether any of the transactions appears to him to be contrary to law or any direction of the Registrar;
(b) Whether every sum which ought to have been but has not been brought into account;
(c) Whether the amount of any deficiency or loss which appears to have resulted from any negligence or misconduct, requires further investigation;
(d) Whether any money or property (including stock) belonging to the society appears to have been misappropriated or fraudulently retained by any person;
(e) Whether any asset appears to him to be a non-performing asset or bad or doubtful;
(f) Whet
Audit fee shall be assessed by the Director of Co-operative Audit -
(i) In the case of a working Primary Agricultural Co-operative which is a member of a Central Co-operative Bank or is financed by a nationalized Commercial Bank or Gramin Bank upon such Bank;
(ii) In the case of any other Co-operative, upon the Co-operative Society.
(1) All Students’ Consumers Co-operative and Students’ Health Co-operative shall be exempted from payment of audit fees.
(2) All types of Women Co-operative shall be exempted for five years after registration of the Co-operative from payment of audit fees.
(3) The Director of Co-operative Audit may, at his discretion, remit by order either wholly or in part audit fee payable by non-working co-operative and the co-operative having no income at all during the co-operative year.
(4) Audit of Co-operative Education Fund shall be conducted by Departmental Audit Officer and audit fees shall be two thousand five hundred rupees.
(1) Unless the Director of Cooperative Audit directs otherwise, the audit of a Co-operative society shall be conducted in the registered office of the society and at the branches and pay offices, if any.
(2) Previous intimation shall be given to the cooperative society before the audit is commenced:
Provided that verification of cash balance, and securities may be carried out without any previous intimation to the society.
(3) The officers and other employees of the society shall give the Audit Officers all assistance necessary for the completion of the audit, and for this purpose in particular, prepare such statements and take such action with regard to the verification or examination of its accounts, as he may require.
While conducting the statutory audit of a cooperative society under sub-section (12) of section 97 of the Act, the Audit officer may issue, from time to time during audit, interim objections to the Secretary of the society or to the officer performing the duties of the Secretary for compliance or explaining the defects and irregularities pointed out in such objections within a period not exceeding seven days. The secretary or the officer performing the duties of the Secretary, as the case may be, shall return the interim objection sheets with the compliance report to the Audit Officer within the time specified by the Audit Officer. The Audit Officer shall review the compliance report and waive such objections which, in his opinion: have been complied with satisfactorily and shall incorporate the remaining objections in the audit report.
(1) Subject to approval of the Registrar, any debt or dues or any asset considered bad shall be written off by the general meeting in the order below against -
(a) the bad debt fund, or any fund created out of profits as provision for non-performing assets or bad debts, as certified by the audit officer;
(b) any other fund created out of profits but not earmarked for any specific purpose; and (c) the reserve fund constituted under the Act.
(2) Where the society is a member of a financing Bank and is indebted to it, the Registrar shall consult the financing bank before sanctioning the writing off of any debt or amount due.
When an Audit Officer notices in course of his audit that there exist a case of serious irregularity such as misappropriation, embezzlement of funds or pilferage of stocks, violation of provisions of law, he shall intimate such irregularities to the concerned society and to the Registrar through Proper Channel in a sealed cover marked to the concerned society and "confidential" as expeditiously as possible for such action as the Registrar may consider expedient.
The statements of accounts shall be prepared by the Board in Form XXX or in such other form as the Registrar may approve.
As provided under sections 99 and 100 of the Act, an Inspecting Officer or Inquiry Officer, as the case may be, during inspection or inquiry, may seize any book or document of the cooperative society from its office as may be required by him in the interest of the inspection or inquiry by preparing two copies of seizure list taking at least one witness arid hand over one copy to an officer or employee of the cooperative society obtaining a receipt.
A dispute to be filed before the Registrar shall be made in writing to be called the plaint and shall, inter alia, contain -
(a) the names, description and addresses of the parties,
(b) a statement of the subject of disputes alongwith copies of documents to be relied upon,
(c) the facts constituting the cause of action and when it arose,
(d) the relief prayed for, and
(e) in a dispute relating to recovery of money, a statement of the subject matter of the dispute for the purpose of determination of fees for filing a dispute:
Provided that the plaint shall be accompanied by as many its copies as the number of defendants.
For filing a dispute under section 102 the petitioner shall in addition to the provision contained under rule 166 have to follow the procedure under that section.
(1) An arbitrator or Arbitrators may be nominated or appointed from -
(a) officers and retired officers of Department of Cooperation, Government of West Bengal,
(b) officers of apex and Central Co-operatives,
(c) members of local body,
(d) chartered engineers,
(e) chartered accounts or cost accounts,
(f) advocates,
(g) any Co-operator having experience of holding office of the Director of any Apex or Central Co-operative Society.
The disputes required to be disposed of under chapter XI of the Act shall be decided as per the provisions contained in these rules subject to the provisions contained in the Act.
(1) For settlement of a dispute, under sub-sections (1), (2) and (3) of section 103, the Board of Arbitrators or the forum of Arbitrators or the arbitrator, as the case may be, shall -
(a) fix the date, hour and place of hearing of the dispute and
(b) have power to allow representation by agent, guardian or next friends.
(2) The Board of Arbitrators, forum of Arbitrators or the Arbitrator, as the case may be, shall issue summons or notice, at least, 15 (fifteen) days before the date fixed for hearing of the dispute to the plaintiff and the defendant requiring them to attend with all relevant books, documents, witnesses and evidence relating to the dispute:
Provided that the summons or notice which shall be served upon the defendant shall contain a c
(1) After conclusion of hearing of the case, the Board of Arbitrators or Forum of Arbitrators or the Arbitrator, as the case may be, on examination of evidence on record and on consideration of arguments oral or written, if any, as advanced by the parties, shall make a reasoned award in writing under his signature with date in accordance with justice, equity and good conscience.
(2) The award shall contain the number of the reference, the names and description of the parties and particulars of the dispute, and shall specify -
(a) the relief granted;
(b) the amount decreed;
(c) the interest including future interest, if any, allowed; and
(d) the cost awarded, if any, indicating the party or parties liable
(1) If there are any clerical or typographical or arithmetical mistakes in the award or any interim order or errors arising therein from any accidental slip or omission, the same may be corrected by the Board of Arbitrators or forum of Arbitrators or the Arbitrator, as the case may be, either of its or his own motion or on the application of any of the parties. Such application shall be made within 15 days from the date of award or order.
(2) Any amendment made under sub-rule (1) shall be communicated to all parties.
(3) An award once made and signed cannot afterwards be altered or added to save as provided under sub-rule (1) even with the consent of the parties.
The Registrar may withdraw the reference from the Arbitrators and may decide the dispute himself or may make fresh appointment of an arbitrator or arbitrators on one or more of the following grounds:
(a) on an application stating reasons by any party to a pending arbitration proceedings;
(b) on the application of an Arbitrator not being a Government Officer;
(c) in case of transfer of suspension or dismissal or resignation of the arbitrator or any of the arbitrators where he is a Government officer.
(1) For sums payable under an aware in any dispute, recovery shall be made in the manner specified under section 143 and the Second Schedule as a public demand upon requisition of the awardees.
(2) Decision of award in a dispute not involving any sum, shall, upon application by the awarded be enforceable by any civil court having local jurisdiction in the same manner as a decree of such court as if it were a decree of such court.
The West Bengal Co-operative Societies Rules, 2011, provide a comprehensive framework for the governance and operation of co-operative societies in West Bengal. Rule 174 specifically addresses the execution of decisions or awards made in disputes involving co-operative societies.
Section R.174 outlines the procedure for the execution of decisions or awards in disputes related to co-operative societies. It specifies that recovery of sums payable under an award shall be made in accordance with the provisions of Section 143 of the Act.
The scope of Section R.174 is limited to the execution of decisions or awards in disputes involving co-operative societies. It does not extend to other forms of disputes or legal matters outside the purview of co-operative societies.
While Section R.174 itself does not prescribe specific punishments, violations related to the execution of awards may fall under broader penalties outlined in other sections of the West Bengal Co-operative Societies Rules.
(1) The original records of a dispute proceedings, after the decision or award has been delivered, shall be kept in such place and manner as the Registrar may direct.
(2) Any document or record filed by a party may, on application, be returned to the party after the disposal of the appeal, if any or after the expiry of the period of limitation for preferring appeal if no appeal has been preferred.
(1) A certified copy of an order, decision or award or evidence of the parties shall, on application, be given to a party by the Registrar duly certified by him typed in double spaces.
(2) On receipt of an application for certified copy of order, decision or award, the applicant shall forthwith, or on a date to be given to him instantly, be intimated about the requisites required to be supplied by him.
(3) If the requisites are not supplied within seven days from the date of intimation, the application for certified copy shall be rejected and thereafter the party may obtain certified copy of filing fresh application.
(4) The certified copy shall be supplied, as far as practicable, within two weeks from the date on which the requisites are supplied.
(1) When the Registrar passes an order under section 106 directing the dissolution of a Co-operative Society, he shall -
(a) publish the order in such manner in the locality as he may think fit;
(b) communicate the order to the society by registered post with acknowledgement due or through a messenger; and
(c) send a copy of the order to the concerned cooperative society to which it is affiliated and the financing bank, if any, by registered post with acknowledgement due or through a messenger.
(2) The notice under sub-section (1) of section 106 shall be in Form XXXI.
(1) Where no liquidator is appointed under section 110, the Registrar shall take appropriate steps for dissolution of the affairs of the society as per the provisions contained in the Act.
(2) The financial statement under sub-section (10) of section 111 shall be in Form XXXII.
Immediately after the date on which the order directing the dissolution of the society takes effect, the liquidator shall publish, in such manner as the Registrar may direct, a notice in Form XXXIII requiring all claims against the society to be forwarded to him within one month of the publication of the notice.
The liquidator may be allowed such remuneration not exceeding two and a half percent of the assets of the society as the Registrar may decide. Such remuneration may be fixed to cover all costs incidental to the liquidation and shall be met out of the assets of the society.
The Liquidator may issue summons to any person to interrogate them as provided under sub-section (13) of section 111.
The Liquidator shall keep short notes of the deposition of persons whose evidence he takes
For recovery of dues, the Liquidator may take steps under the Bengal Public Demands Recovery Act, 1913 (Ben. Act III of 1913)
(1) Subject to provision of any other law, after calculation of the total realized assets, payment out of these assets shall be made in order of priority as mentioned below :-
(a) costs, charges and expenses of liquidation proceedings and remuneration of the liquidator, if any;
(b) any sum borrowed on the security of the assets of the cooperative society for the purpose of liquidation proceedings;
(c) audit fee due and payable;
(d) debts due to the government, local authority and financing bank;
(e) claims of other creditors including personal debts and deposits of members and non-members. If adequate assets are not available, pro-rata payments shall be made.
(
(1) After the liquidation proceedings including distribution of assets of society have been closed, the Liquidator shall submit a final account and report to the Registrar.
(2) On receipt of the final report from the Liquidator, the Registrar shall terminate the liquidation proceedings, issue a certificate of dissolution, cancel the registration of the society and discharge the liquidator.
Upon the termination of liquidation proceedings, all books, registers and accounts belonging to the society and all books, accounts and papers relating to the liquidation proceedings, which are in possession of the Liquidator shall be, along with a list thereof in duplicate, deposited with the Registrar or such person as the Registrar may direct and shall be reserved for six years therefrom.
Special provisions for State Cooperative Bank, Co-operative Agriculture And Rural Development Bank, Central Co-operative Bank, Primary Co-operative Credit Society, Apex Housing Society and Urban Cooperative Banks
The purposes for which a Cooperative Agriculture And Rural Development Bank may grant loans to its members shall include :-
(i) digging of well and tank, sinking of tube well and to do other work incidental thereto including repairs and additions or alternations for storage, supply or distributions of water for the purpose of agriculture or for the use of man and cattle;
(ii) creation of irrigation facilities;
(iii) construction or repair of drainage or irrigation channels, reclamation of land and measures for protection of agricultural land from flood, soil erosion etc;
(iv) promotion of horticulture, floriculture, arboriculture and orchard plantation;
(v) purchase of oil engine, pump-set, electric motor
The notice referred to in sub-section (1) of section 114 shall be in Form XXXIV and be issued by registered post with acknowledgement due.
On receipt of an application from a Co-operative Agriculture and Rural Development Bank, the State Cooperative Bank, a Central Co-operative Bank or a Primary Co-operative Credit Society, as the case may be, signed and verified by the Secretary or the Manager or any other person duly authorized by the board in this behalf setting forth full particulars of the property required to be distrained, the Registrar shall, if satisfied that the particulars set forth in the application are correct, appoint a distrainer.
(1) The distrainer, on appointment, shall serve upon the defaulter a written demand specifying the amount for which the distraint is made. The demand shall be dated and signed by the distrainer and shall be served on the defaulter by delivering a copy to him or to some adult member of this family at his ordinary place of residence or when such service cannot be effected accordingly, a copy of the demand shall be affixed on some conspicuous part of the residence.
(2) Simultaneously with the service of notice, the distrainer shall cause attachment of the produce specified in the application by affixing the order of attachment in Form XXXV -
(a) where such produce is standing crop, on the land on which such crop stands, or
(b) where such produce has been cut or gathered on the threshing floor or
Sale of distrained property and appropriation of sale proceeds.
(5) (sic) The Registrar may appoint a person as sale officer to conduct sale of property under the provisions of Chapter XIII of the Act.
(6) The appointment of the sale officer shall be notified in the area of operation of the bank or the societies for which he is appointed, in such manner as the Registrar may deem proper.
(1) A bank or the society referred to section 122 of the Act in exercise of the power conferred under the said section shall in the form of a written demand for the payment of the amount due to the bank or the society, as the case may be, issue a notice upon -
(a) the mortgagor;
(b) any person who has any interest in or charge upon the property mortgaged or upon the right to redeem the said property and who has previously notified the bank or the society in writing of such interest or charge;
(c) any surety for the payment of the mortgaged debt or any part thereof; and
(d) any creditor of the mortgagor who has, in a suit for the administration of his estate, obtained a decree for sale of the mortgaged property.
(1) On the expiry of three months from the date of service of a notice under the rule 191B if the sum under the mortgage has not been paid, the board of the bank or the society, as the case may be, may, after considering any objection made within that period by a person entitled to such notice, apply in accordance with rule 191D to the sale officer and such officer shall proceed to sell such property by public auction and report the result thereof to the bank or the society, as the case may be.
(1) An application to a sale officer for sale of any mortgaged property shall be signed by the Secretary or the Manager of the concerned bank or the society or any person duly authorized by the board to do so and shall -
(a) contain sufficient particulars for identification of the property;
(b) show the names of persons having interest in the property;
(c) contain a report regarding the manner of service of notice;
(d) specify the amount due for recovery and the expenses incurred in the service of the notice;
(e) contain any other particulars which the concerned bank or the society, as the case may be, may consider material for the purchasers in order to know the nature and value of the property; and
&
(1) Where prior to the actual sale the mortgagor or any person acting on his behalf or any person having interest in the mortgaged property tenders payment of the full amount due including interest and cost incurred in connection with the sale of the property, the sale officer shall not proceed with the sale.
(2) If the sale officer considers that the price offered for the property is not fair, he may, upon an application or otherwise postpone the sale to some other date not later than fifteen days from the date originally fixed and on such date the sale be completed unless the price offered is in the opinion of the sale officer grossly inadequate in which case he may adjourn the sale for a period of fifteen days more:
Provided that the sale officer shall not postpone the sale more than two times on the ground of inadequacy of price.
The sale officer shall determine in each case the method of calculating the expenses incidental to the sale of property.
(1) On every sale of property, the person declared to be the purchaser shall, immediately after such declaration, deposit twenty-five per cent of the amount of his bid money to the sale officer who shall issue a temporary receipt for such deposit, and in default of such deposit, the property shall forthwith be re-auctioned.
(2) The balance of the bid money shall be paid by the purchaser to the sale officer within fifteen days from the date of auction.
(3) On payment of the balance of the bid money, the sale officer shall grant a final receipt for the entire sale price.
(4) All moneys received by the sale officer on the sale of mortgaged property shall, as soon as possible but not later than three days after such receipt, be deposited in the concerned bank or society as the case may be.
(1) If the balance of the bid money is not paid within the period specified in sub-rule (2) of rule 191G the deposit shall be forfeited and the property shall be re-auctioned.
(2) Every re-auction, in default of payment of the purchase money within the period allowed for such payment, shall be made after issue of a fresh proclamation and in the manner prescribed for the sale.
(3) When the amount forfeited together with the amount received on resale exceeds the total claim including interest and cost, the surplus amount shall be paid to the person whose property is sold. The deficiency, if any, will be recoverable from the debtor by further proceedings.
When a property has been sold under the provisions of this chapter, the mortgagor or any person interested may within a period of thirty days from the date of the sale apply to the board of the bank or the society, as the case may be, to have the sale set aside, upon his depositing with the bank or the society, as the case may be -
(a) the amount specified in the proclamation of sale together with the subsequent interest and costs, if any, incurred in bringing the property to sale; and
(b) a sum equal to ten per cent of the purchase money for payment to the purchaser as compensation.
(1) After the expiry of the period mentioned in rule 191-I for making an application to have the sale set aside, the bank or the society, as the case may be, shall submit to the Registrar a report under sub-rule (4) setting forth the proceedings of the Sale Officer, the result of the sale and details of any application made under rule 191-I.
(2) Upon receipt of such report the Registrar shall,
(a) if an application has been made under rule 191-I and if the amounts specified in that rule have been deposited by the applicant, make an order setting aside the sale and requiring the bank or the society, as the case may be, to pay to the purchaser the sum deposited under clause (b) of rule 191-I and
(b) if no application has been made under rule 191-I or an application has been made but the amount s
(1) On an application by a bank or a society, as the case may be, the Registrar may, by an order in writing, appoint a receiver and fix his remuneration. The receiver shall be entitled to take possession of the property and collect its produce and income, as the case may be, to retain, out of the money realized by him for his expenses of management and his remuneration, and to apply the balance in accordance with the provisions of sub-section (8) of section 69A of the Transfer of Property Act, 1882 (4 of 1882).
(2) The receiver shall open an account with the nearest cooperative bank or nationalized bank or post office.
(3) All moneys received shall be deposited immediately into such account.
(4) The receiver shall duly -
(a) account for all sums of
(1) A receiver shall be entitled to receive such expenses of management as the Registrar may decide.
(2) The provisions of sub-section (8) of section 69A of the Transfer of Property Act, 1882 (4 of 1882), shall apply to a receiver.
(1) The Registrar shall, in making a sale absolute by an order under rule 191J, direct that the sale proceed shall be apportioned as follows :-
(a) firstly, all costs, charges and expenses properly incurred by the bank or the society, as the case may be, or the Sale Officer incidental to the sale or any attempted sale shall be paid;
(b) secondly, all interest due on account of the mortgage in consequence whereof the mortgaged property was sold shall be paid to the concerned bank or the society, as the case may be;
(c) thirdly, all sums due as principal on account of the mortgage shall be paid to the concerned bank or the society, as the case may be; and
(d) fourthly, the residue, if any, shall be paid to the mortgagor.
&nb
(1) Where a sale is set aside under rule 191J, the Registrar shall intimate the same to the concerned bank or the society and thereafter the board of the concerned bank or the society shall issue a notice to the purchaser for payment of the purchase money and the compensation.
(2) In the event of dispute regarding the claim to the purchase money and the compensation, the bank or the society concerned shall withhold payment till the dispute is settled.
(1) Where a sale has become absolute under this chapter the Registrar shall grant to the purchaser a certificate in Form XXXVII specifying the property sold and the name of the person who, at the time of the sale, is declared to be the purchaser and such certificate shall indicate the date on which the sale was made absolute.
(2) The Registrar shall send a copy of every certificate granted under sub-rule (1) to the registering officer appointed under the Registration Act, 1908 within the local limits of whose jurisdiction the whole or any part of the immovable property is situated, and such registering officer shall enter the contents of such copy in his register of non-testamentary documents relating to Immovable property.
(3) A purchaser of any mortgaged property shall furnish a notice to the Registrar in Form XXXVIII for service on th
(1) Where the mortgaged property sold is in the possession of the mortgagor or of some person on his behalf or of some person claiming under a title created by the mortgagor subsequent to the mortgage and a certificate in respect thereof has been granted under rule 191O, the Registrar shall on the application of the purchaser, for delivery of possession to be made to such purchaser, or any person whom he may appoint to receive delivery on his behalf.
(2) Where the property sold is in the possession of a tenant and a certificate in respect thereof has been granted under rule 191O, the Registrar shall, on the application of the purchaser, and after notice to the tenant, order delivery to be made by affixing a copy of the certificate of sale at some conspicuous place on the property and proclaiming to the possessor by beat of drum at some convenient place that the interest of the mort
Procedure for the disposal of property purchased by a bank or a society -
(1) Unless otherwise directed by the trustee, a purchasing bank or society concerned shall dispose of tile property purchased by it, by public auction, on a specified date net later than six months from the date of purchase.
(2) The sale shall be advertised at least a month before the date of sale by:-
(a) describing the property with full details in the local newspaper,
(b) proclamation by beat of drum in the village and ward where it is situated; and
(c) publication of the sale notice in the office of -
(i) Junior Land Reforms Officer concerned,
&n
If the mortgaged property is destroyed wholly or in part or if the security for any loan is found to be insufficient, the cooperative society or the bank, as the case may be, shall serve by registered post a notice on the mortgagor asking him to furnish further security within a period to be specified in the notice.
Enforcement of obligations and recovery of sums due
(1) An application to the Registrar for a-conditional order of attachments shall contain -
(a) full details of the property to be attached, its approximate value and the amount of claim of the society, and
(b) evidence or affidavit in support of the contention that the person or the co-operative society concerned is about to remove or dispose of the property.
(2)(a) Where such person or the cooperative society fails to show cause why he or it should not furnish security or fails to furnish, the security required, within the time fixed by the Registrar, the Registrar may order that the property specified, or such portion thereof as appears sufficient to satisfy the claim, be attached and where an order of conditional attachment has been made under the clause (b) of sub-rule (1) of this rule, th
Cooperative Development Officers may exercise the power under section 139, when the claim does not exceed one lakh rupees and Inspectors of Co-operative Societies may exercise the said power, when the claim does not exceed fifty thousand rupees. For any amount over and above one lakh rupees, such power shall be exercised by the Registrar.
The following matters shall be negligence within the meaning of clause (b) of sub-section (1) of section 140-
(i) investment, custody and employment of funds and use or disposal of store or other assets or properties contrary to the provisions of the Act, these rules or byelaws or written direction of the Registrar given in accordance with law;
(ii) failure to remedy audit defects and irregularities, when directed by the Director of Cooperative Audit under sub-section (3) of section 98.
(iii) failure to file disputes against defaulters and to execute any decree or award within the period of limitation; and
(iv) any other incidence causing loss or damage to any property of a co-operative society.
If no cause is shown within a specified time or the cause shown is not considered satisfactory, the Registrar may order a penalty for every contravention referred to in -
(i) clauses (a), (b), (e), (f) and (g) of section 141, a sum not exceeding one thousand rupees;
(ii) clauses (c) and (d) of section 141, a sum not exceeding one-half of the amount of the outstanding loan (in addition to enforcing immediate repayment of the entire outstanding loan to the society or the financing bank concerned).
(1) In deciding under section 142 which officer is to be held responsible for the carrying out of his directions, the Registrar shall always consider the Secretary or the Chief Executive Officer of the society, by whatever designation he may be called, to be responsible unless there is anything in the bye-laws or in any resolution of the general meeting or the board by which a particular duty is entrusted to any officer other than the Secretary or the Chief Executive Officer.
(2) The Registrar may call upon the person held responsible under sub-rule (1) to carry out any of his directions within such time as he may specify and on his failure, may take action against him under section 142.
(1) A co-operative tribunal constituted under section 146, hereafter referred to as tribunal shall have a Secretary to be appointed in the rank of a Joint Registrar of Cooperative Societies by the State Government by notification. The Secretary shall perform such functions as shall be assigned to him by the tribunal or by regulations made by the Tribunal.
(2) The method of disposal of its business by the co-operative tribunal shall till it make regulations with the approval of the State Government, for regulating its procedure and disposal of its business, be as follows:-
(a) every memorandum of appeal of application for review shall be presented in person by the appellant or the applicant, as the case may be, by the applicant or Pleader or duly appointed agent to the Secretary within office hours of the tribunal or by registered post;
An application under sub-section (1) of section 148 shall be made within two months from the date of the order accompanied by an attested or certified copy of the order complained of duly attested.
An application for review under sub-section (2) of section 148 shall be made within a period of thirty days from the date of the order accompanied by a certified or attested copy of the order review of which has been prayed for and stating paragraph-wise the reasons and circumstances for which the review has been prayed for.
The memorandum of appeal and review shall be in such manner as is prescribed under these rules.
A copy of any document or entries in the books of a co-operative society shall be certified to be a true copy under the signature of the Chairman, the Secretary, the Chief Executive Officer or any person duly authorized by the Board or authorized by any authority exercising the Powers of the Board.
Every co-operative bank accepting deposits from non-members shall get itself insured under the Deposit Insurance And Credit Guarantee Corporation Act, 1961.
(1) Unless the state government otherwise directs, all fees payable to it under these Act or the rules, except audit fees, shall be paid in court-fee stamps or in Treasury Challan under suitable head of account to be notified by the State Government from time to time.
(2) Audit fees payable to government or to an audit officer, not being a government officer and, dues and fees payable to a co-operative society shall be paid in cash, cheque or by bank draft under proper receipt and audit fees payable to the Government shall be deposited in the concerned Treasury by means of challan in TR Form.
(1) Any person may inspect the following documents in the office of the Registrar or of any person subordinate to him :-
(i) application for registration of societies;
(ii) certificate of registration;
(iii) bye-laws of societies;
(iv) amendment of bye-laws;
(v) order directing dissolution of the society;
(vi) order cancelling the registration of a society;
(vii) annual returns;
(viii) audit certificate;
(ix) annual balance sheet;
(x) order of super-session of board;
&n
FORM I
Form of application for the registration of a Co-operative Society with limited liability
[Rule 9 (1)]
PART I
To
The Registrar of Co-operative Societies,
Dated ............. 20....
Sir,
We, the undersigned agree to the enclosed by-laws and under section 16 of the West Bengal Co-operative Societies Act, 2006 (West Ben. Act XL of 2006) apply to be registered as a co-operative society with limited liability under the title of..................................................the registered office being at .................................. Post Office...................
FOM II
Form of certificate of registration [Rule 10(3)]
Certified of Registration No.......... of 20......
In the office of the Registrar of Co-operative Societies (under West Ben. ct XL of 2006).
In the matter of the application for the Registration of a Co-operative Society at........................................... in the district of ...................................
I do hereby certify that pursuant to the West Bengal Co-operative Societies Act, 2006 (West Ben. Act XL of 2006), the said society has been registered in my office as a co-operative society with limited liability under the title of the.......................................... and the by-laws filed by the said society have also been d
FORM III
CO-OPERATIVE REGISTRATION COUNCI, WEST BENGAL
Register of references received from the Registrar under sub-section (8) of section 16
year........... ...20...........
Consecutive Number Date of receipt References
in office________________
From whom received No. Date
Short Subject Reminders Where the letter is placed Remarks
No. Date Collection No. File No.
FORM IV
CO-OPERATIVE REGISTRATION COUNCIL, WEST BENGAL
Register of appeals received from the Registrar under sub-section (7) of section 16
year........... ...20...........
Consecutive Number Date of receipt References
in office________________
From whom received No. Date
Short Subject Reminders Where the letter is placed Remarks
No. Date Collection No. File No.
FORM V
CO-OPERATIVE REGISTRATION COUNCIL, WEST BENGAL
Register of references received from the Registrar under sub-section (7) of section 16
year........... ...20...........
Consecutive Number Date of receipt References
in office________________
From whom received No. Date
Short Subject Reminders Where the letter is placed Remarks
No. Date Collection No. File No.
FORM VI
CO-OPERATIVE REGISTRATION COUNCIL, WEST BENGAL
Register of miscellaneous letters received
year........... ...20...........
Consecutive Number Date of receipt References
in office________________
From whom received No. Date
Short Subject Reminders Where the letter is placed Remarks
No. Date Collection No. File No.
FORM VII
CO-OPERATIVE REGISTRAT10N COUNCIL, WEST BENGAL
Register of letter issued
year..............20...........
Consecutive Number Date To whom addressed Short Subject
Where the draft No. and date Reminder Value of
is placed of reply Stamp Remarks
________ received ___________
Collection No. File No. No. Date Rs. Paise
FORM VIII
Form of application for the registration of amendment of by-laws of a co-operative society
Section 19
[Rule 12]
To
The Registrar of Co-operative Societies, West Bengal
Dated the..........20.........
Sir,
We, the undersigned, enclose herewith in duplicate/triplicate the marginally noted amendment of the by laws of the............................... Co-operative Society in the district of ...........and to apply for the registration of the amendment under section 19 of the West Bengal Cooperative Societies Act, 2006 (West Ben Act. XL of 2006) in super-session of ea
FORM IX
Certificate of Registration of amendment of by-laws
[Section 19]
Certificate of Registration No........................... of...................... In the Office of the Registrar of Co-operative Societies (under West Ben. Act XL of 2006)
I do hereby certify that pursuant to section 19/20 of the West Bengal Cooperative Societies Act, 2006 (West Ben. Act XL of 2006), the amendments shown in the enclosed document of the by-laws of the......................... a co-operative society registered under the aforesaid Act on the.............day of......20.......under No..:........ in the district of ................ have been duly registered. The following is the area of membership of the society.
The by-l
FORM IXA
Oath taking Form
[Section 32(5)(b)]
I, ................................... S/O, D/O, W/O ............................. residing at.......................... having been elected/nominated/co-opted as a member of the Board of Directors of ............................ Society do hereby solemnly promise that during my tenure I will take all endeavour for the better functioning of the society/bank in particular and cooperative movement in general in accordance with the West Bengal Cooperative Societies Act, 2006 and Rules framed thereunder, the bye-laws of the society and law of the land.
Member of the Board................... Society/Bank
Date.
FORM X
Nomination Paper
[Rule 40(7)(i)]
(1) Full Name of the Candidate (in block letters) :
(2) (a) Present Address
(b) Permanent Address :
(3) Father’s/Husband’s name :
(4) Serial Number of the candidate in the register of members :
(5) Nominated by :
Name and address of the members Serial number in the register of members
1. 1.
2. 2.
(6) Declaration by members n
FORM XI
Notice of change of registered office
[Rule 65(2)]
Notice is hereby given pursuant to section 39 of the West Bengal Cooperative Societies Act 2006 (West Bengal Act XL of 2006), by .....................(name of society) registered on ...................................... of the alteration in the address of the registered office.
Previous address Present address Date of change
(1) (2) (3)
Signature of Secretary/Chief Executive Officer
Date .................... Signature of three Directors
1.
2.
FORM XII
Register of Members
[Rule 67(1)(ii)]
1. Serial No. ........:.......... ................................................. ...............
2. Name of member.....................................................................
3. Father’s/Husband’s Name...........................................................
4. Age on the date of being member..................................................
5. Present address..................................................................
6. Permanent address…………………………………………..
7. Occ
FORM XIII
Register of affiliated societies
[Rule 67(1)(iii)]
1. Serial No. ...............................................................................
2. Share Register Folio.....................................................................
3. Name of the Member-Society.........................................................
4. No. and date of registration of the Member-Society............................
5. Registered address of Member-Society...........................................
6. Area of operation of the Member-Society.....................................
FORM XIV
Register of Directors
[Rule 67(1)(iv)]
1. Serial No. …………………………………………………
2. Name ………………………………………………….
3. Occupation..........................................................................
4. Name of the society which he represents, if any...............................
5. Office, if any, held………………………………………………….
6. Address in full ...........................................................................
7. Date of election or appointment………………………………………………..
8. Appointed b
FORM XV
Annual Index Return
[Rule 71]
Detail indexing of Annual Statistical Statement Format [Both Part A (SL 1 to 42) and Part B (SI. No. 1 to 79 )]
Part A (SI. No. 1 to 42) of the format applicable to all types of Cooperative Societies excepting State and District Co-operative Unions.
Part B of the format applicable to individual type of Society only to the extent indicated below:
Type of Society Serial Numbers in Part B
1. State Co-operative Bank Ltd. Sl. Nos.1 to 6B(ii), 7 to 9, 29A (I - IV) of Part B (Annexure I )
2. Central Co-operative Bank Ltd. same as above.
FORM XVI
Form of Quarterly Return
[Rule 72(1)]
PART A-1 (General)
Abbreviation used -
S.C. = Scheduled Castes
S.T. = Scheduled Tribes
Applicable to all type of societies (Apex, Central & Primary Level) excepting Co-operative Union.
GENERAL INFORMATION
1. Name of the society with address: (Mentioning Limited/Unlimited)
2. Registration No. and date
3. Type/class of society
4. Whether the society is
FORM XVII
Form of Declaration under section 54
[Rule 90(1)]
’I, ............................................., (age .................................) residing at ..................... having been admitted to the membership of ......................... ...Society Ltd./with unlimited liability and being desirous of borrowing from the society make this declaration as required by section 54 of the West Bengal Co-operative Societies Act, 2006 that I own/have interest as a tenant in land specified in the Schedule, and I hereby create a charge on the said land/interest in favour of the society for the payment of the amount of the loan which the society may make and for all future advances, if any which the society may make to me subject to the maximum amount of Rs............... together with intere
FORM XVIII
Form of Register of declarations made under section 54
[Rule 90(2)]
Serial No. Date of Entry in the Name of Date of declaration
register the members
1 2 3 4
Name of the Mauza Amount of Remarks, if any Initials of the
in which land is maximum loan Chairman/
situated Secretary
5 6 7
FORM XIX
Form of declaration under sub section (1) of section 55
[Rule 91 (1)]
I, .............................................., (age .................................) residing at ..................... having been admitted to the membership of ............................ Ltd. and being desirous of borrowing loan from the society make this declaration as required by section 55 of the West Bengal Co-operative Societies Act, 2006 that -
(a) I own as tenant the land specified in the Schedule I below.
(b) I have interest as ............... in the land specified in Schedule I below.
(c) I am in lawful occupation of the land specified in Schedule I below being a sh
FORM XX
Form of Register of declarations made under sub-section (1) of section 55
[Rule 91 (2)]
Serial No. Date of Entry in the Name of Applicant’s/ Date of
Register the applicants Borrower’s declaration
Serial No.
in the
Register of
members
1 2 3 4 5
Name of the Mauza Amount of Remarks, Signature of the Chief
in which the property loan if any Executive of the society
i
FORM XXI
Form of application for demarcation of the irrigable area
[Rule 92(1)]
To
The Collector of ...........................
The application of .................. co-operative society for demarcation of the irrigable area under Rule 92(1) of the West Bengal Co-operative Societies Rules, 2006.
1. Particulars of the Society
(a) Registered name of the society;
(b) Date of establishment (indicating registration No. and date):
(c) Address:
2. Particulars of source of irrigation -
&nb
FORM XXII
Form of Notice
[Rule 92 (3)]
Notice is hereby given that an application (copy enclosed) under Rule ...... of the West Bengal Co-operative Societies Act, 2006 has been received from...................Society ............... (address) for demarcation of the area, irrigable from the source of irrigation/protected by the embankment/consolidation of land holdings as specified therein............... (designation of officer) has been deputed to prepare a map of the irrigable/protected area/co-operative farming area and also a statement of the cultivable/protected lands/land for consolidation as mentioned therein by ......... (date). Persons interested and public are required to appear before him when he visits the locality and help him in respect of preparation of the map and the statement.
FORM XXIII
Form of Statement
[Rule 92 (3)]
(1) Name and address of the person in possession (member or non-member......... ...........................)
(2) Name of Panchayat ...................................................................
(3) Khatian No. .................................................................................
(4) Plot No. .......................................................................................
(5) Class of land...............................................................................
(6) Area in acres........................
FORM XXIV
Form of application for demarcation of the protected area
[Rule 92 (5)]
To
The Collector of .......................
The application of .................. co-operative society for demarcation of the area protected by embankment under rule 92(5) of the West Benga! Cooperative Societies Rules, 2011.
1. (sic) Particulars of the Society.
(d) Registered name of the society;
(e) Date of establishment (indicating registration No. and date) :
(f) Address:
2. (sic) Particulars of the
FORM XXV
Form of application for consolidation of land holding
[Rule 92 (10)]
To
The Collector of .......................
The application of .................. co-operative society for demarcation of the area protected by embankment under rule 92(10) of the West Bengal Cooperative Societies Rules, 2011.
1. Particulars of the Society
(a) Registered name of the society;
(b) Date of establishment (indicating registration No. and date) :
(c) Address:
2. Particulars of the Co-operative far
FORM XXVI
Form of direction to be given to non-members
[Rule 92 (10)(d)]
In terms of the provisions of clause (d) of sub-rule (10) of rule 92 of the West Bengal Co-operative Societies Rules 2011, Shri ..............................owner-possessor of the land particulars of which are furnished below, falling within the "Co-operative farming area" of .......................................society, is hereby directed to join the society within a period 45 days as a member thereof undergoing necessary formalities in this connection.
Particulars of land........................................................
In case of his refusal to do so action will have to be taken under the law.
FORM XXVII
Form of Notice calling for statement of claims
[Rule102(1)]
NOTICE
In the matter of application of .......................................... son/wife of ....................resident in .................... mauza ..................... Thana................ district...................hereinafter mentioned as a debtor.
To
Son/wife of ....................................................................... resident in mauza ......... Thana................ district....................
Whereas you are reported to be creditor of the said debtor;
Notice is hereby given
FORM XXVIIA
Form for written statement of claims from creditors
[Rule 102(1)]
Name of debtor……………………………………………………….
Address................................................................................................
Serial No. Nature of the debt Khatian and Date when Rate of
with description plot Nos. debt was interest
of any bond or/ of any land first incurred shown in
other document mortgaged each bond
1 2 3 4 5
Amount paid since Amount of Total Remarks
FORM XXVIII
Form of application for membership of a co-operative society
[Rule 108]
To
The Secretary/Manager/Chief Executive Officer/Managing Director
................................... ..Co-operative Society Dear Sir, I hereby apply for membership of your society.
I have studied the registered by-laws of your society and the West Bengal Co-operative Societies Act, 2006 and the Rules made thereunder and I hereby declare and undertake to abide by the provisions of the by-laws, the Act and the Rules.
Signature
FORM XXVIIIA
Proforma of the Affidavit
[Section 87]
Before the Judicial Magistrate/Executive Magistrate ................... I Sri/Smt.....................................................s.o/w.o./d.o................................ by faith........... ................................. by occupation service/business aged about....................................... years at present residing at .............. P.O................................................. Dist.......................................................... State .................................................... Pin Code ...........................................do hereby solemnly declare affirm as follows :-
1. That lam a citizen of India or a non-resident Indian.
&n
FORM XXVIIIB
Application for Nomination
[Section 76]
To
The Chief Promoter/Secretary .................................................... Housing Cooperative Society P.O. ....................................................
Dist....................................................., Pin....................................................
Dear Sir/Madam,
In terms of section 76 of the West Bengal Cooperative Societies Act, 2006 read with the relevant provision of, the bye-laws of the society I do hereby nominate my wife/son/daughter Smt./Sri/Kumari ......................................... as my nominee and to request y
FORM XXIX
Form of quarterly statement to be submitted by a housing co-operative society under section 91 (2)
[Rule 151]
Name of the society………………………
Registration No......................
1. Project -
(a) site
(b) date of purchase or acquisition of land, house or building for the project
(c) date of sanction of the building plan
(d) total number of plots, houses or apartments under the project
(e) total number of plots, houses, or apartments allotted
&n
FORM XXX
Audit Statement of Accounts
[Rule 155A(e) and Rule 165]
Period of and it from .....................................................
1. Name and address of the society
2. Class of society
3. Registered No. and date
4. Number of members -
(a) Individuals
(b) Societies
5. Working Capital
6. Rate of Interest
(a) On lending
(b) On borrowings
&nb
FORM XXXI
Form of notice under sub-section (1) of section 106 of the West Bengal Co-operative Societies Act, 2006
[Rule 177(2)]
To
The .................................................................................
(Address in full)
You are hereby required to report within forty-five days from the date of issue of this notice, whether the................. Co-operative Society Limited, registered in this office on ................................. under Registration No.................... has commenced business or whether it is carrying on business or whether the number of members has been reduced to less than the minimum provided in section 16 of the West Ben
FORM XXXII
Form of Return including account of receipts and payments to be presented to the Registrar under sub-section (10) of section 111
[Rule 178(2)]
STATEMENT I
Preliminary Account
Date of order of winding up of the society…………………………………………..
Number of members........................................................................
Statement of assets and liabilities
Assets On date of Liabilities On date of
order of order of
winding winding
&
FORM XXXIII
Liquidator’s Notice
[Rule 179]
In the matter of______________ Co-operative Society_______ in the district of ______________under orders of winding up.
Notice is hereby given that the above-mentioned Society has been placed under liquidation in notification no. _______________dt. _______and the undersigned has been appointed a liquidator of the above society under section 110 of the West Bengal Co-operative Societies Act, 2006 [West Ben. Act XL of 2006]. All creditors of the above society are hereby required, within one month from the date of this notice, to send their names and addresses and the particulars of their claims to the undersigned as the liquidator of the said society.
Date: Signature of Liquidator
FORM XXXIV
Form of Notice in respect of prior debt
[Rule 188]
In the matter of ___________WBSCARD/PCARD Bank Ltd. in the district of ________.
Notice is hereby given that Shri ____________, son of Shri ___________________ residing at __________ has applied for a loan from the above named Bank. It is found from his statement that he has prior debts to Shri _____________________ amounting to for _________________on account of principal and Rs. ________ on account of interest. Shri _________________ is hereby required to receive payment to the aforesaid debt from the above named Bank in the manner specified below:
In case of his failure to take such payment he shall have no claim whatsoever against the prope
FORM XXXV
Form of the order of attachment of property
[Rule 190(2) & Rule 190(2)(d)]
WHEREAS on the _________________________ day of ________ you borrowed Rs. ____________from the ______________ Bank as you have failed to pay the Bank the sum of Rs. ___________ [principal] and Rs.__________________ as interest, totalling Rs.________________, it is ordered that you, the said ____________ be and you are hereby prohibited and restrained until further orders from transferring or charging the property specified in the schedule hereunto annexed, by sale, gift or otherwise and that all persons be and that they are hereby prohibited from receiving the same by purchase, gift or otherwise.
Given under my hand and the seal, this _________ day of _____20_______
FORM XXXVI
Form of Notice
[Sub rule (2) of Rules 191 B]
Notice is hereby given upon Shri_____________[all concerned] Shri _______________ mortgagor to the _____________ Bank/Central Co-operative Bank/Apex Housing Society has not paid any installment due on _____ or part thereof ____________Agriculture and Rural Development Bank /Central Co-operative Bank/Apex Housing Society therefor propose to bring the mortgaged property, particulars of which are furnished below, to sale under section 122 of the West Bengal Co-operative Societies Act, 2006 [West Ben. Act XL of 2006] unless the payment of the amount of Rs. ______on account of principal and Rs. ___________ on account of interest due to the Bank is made on or before ______ Particulars of the land to be brought to sale :-
&n
FORM XXXVII
Form of Certificate
[Rule 191-O]
I certify that ........................................................................................ has purchased at a sale under section 122 of the West Bengal Co-operative Societies Act, 2006 [West Ben. Act XL of 2006], the property specified below, in the district of........................................ and that the purchase took effect on the ................................. day of .....................20.........
Registrar of Co-operative Societies/
JRCS/DRCS/ARCS/CDO/CI
Specification of property
1. District
2. Than
FORM XXXVIII
Form of notice to be served on the Collector by the purchaser of property
[Sub rule (3) of Rule 191-O]
To
The Collector,
……………………………………
Take notice that the property specified in the sale certificate hereto annexed has been purchased by me at a sale held under Section 122 of the West Bengal Co-operative Societies Act, 2006 (West Ben. Act XL of 2006).
Purchaser of the property …………………………………
Address ........................................
FORM XXXVIIIA
West Bengal Co-operative Tribunal (Register of Memoranda of Appeals)
[Rule 197(2)(f)(i)]
Serial Name of Date of Date of Date of Date of Final Remarks
No. parties and their the decision filing the appearance decision orders
pleaders or under appeal of the of the passed
or agents, appeal respondent tribunal by the
if any pleader or tribunal
his agent
1 2 3 4 5 6 7 8
FORM XXXVIIIB
West Bengal Co-operative Tribunal (Register of Application of Review)
[Rule 197(2)(f)(ii)]
Serial Name of Date of Date of Date of Date of The Remarks
No. parties and their order filing the appearance order orders
pleaders or sought appeal of the of the passed
or agents, to be oppnent tribunal by the
if any reviewed his pleader tribunal
or agent
1 2 3 4 5 6 7 8
FORM XXXVIIIC
West Bengal Co-operative Tribunal (Register of Miscellaneous Application)
[Rule 197(2)(f)(iii)]
Serial Name of Date of Date of . Substance Date of The Remarks
No. parties, order, filing the of the order order
pleaders if any, application application of the passed
or agents, in respect Tribunal by the
if any of which Tribunal
the
application
is made
1 2 3 4 5 6 7 8
FORM XXXVIIID
West Bengal Co-operative Tribunal (Register of unregistered cases)
[Rule 197(2)(f)(iv)]
Serial Date of receipt Names of parties Date and No. of the Remarks
No. order complained of
1 2 3 4 5
FORM XXXVIIIE
West Bengal Co-operative Tribunal (Register of Court-fee Received)
[Rule 197(2)(f)(v)]
Date Serial Number of case, if Nature of document, Filling
Number any in relation to if any, in relation
which the court- fees to a petition
fees are received
1 2 3 4 5
Rs. P
Fees for Fees for All other fees Total (for Remarks
vakalatnama certified each day)
copies
6 7 8 9 10
FORM XXXVIIIF
Before the West Bengal Co-operative Tribunal Appeal/Application for Review No................. 20........... Appellant/Application versus Respondent/Opponent
[Rule 197(2)(h)]
To
The ........................................
Take notice that the above named appellant/applicant has filed an appeal application for review, before this Tribunal against the decision dated……………at………in................ Case No………………………of 20 ................. and that the Tribunal has fixed............... a.m./p.m. on .............................. as the time and date for hearing. The Tribunal will hear it on that date or on ......................... as subsequent date to which the hearing may be adjourned.
&
Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
AI Assistant
