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Recovery of maintenance dues in West Bengal cooperative societies (e.g., housing) follows dispute resolution via Registrar/arbitration under Sections 102/59(3) of 2006 Act, with interest; BPDR Act applicability debated but linked in practice; primary forum is co-op dept., not writ unless exceptional ["Managing Director of West Bengal Transport Corporation Ltd. VS Calcutta Tramways Employees’ Co-Operative Credit Society Limited - 2023 0 Supreme(Cal) 691"] ["Vikram Constructions VS Anustup Co-operative Housing Society Ltd. - Calcutta"] ["Gangesh Kumar Pal VS State of West Bengal - Calcutta"]. Approach Registrar for adjudication/enforcement.
If you're a member, surety, or stakeholder dealing with a cooperative society or bank in West Bengal, unpaid maintenance dues, loans, or awards can be frustrating. Many wonder: What is the maintenance due for the cooperative societies in West Bengal recovery procedure? This question often arises when societies seek to enforce payments efficiently without lengthy civil court battles.
Fortunately, West Bengal law provides a streamlined path through the Bengal Public Demands Recovery Act, 1913 (BPDR Act). This guide breaks down the process, drawing from key statutes like the West Bengal Co-operative Societies Act, 1983, and 2006, supported by judicial precedents. While this offers general insights, consult a legal professional for your specific case.
Dues owed to cooperative societies or banks—such as maintenance charges, loans, interest, or sums under awards—are recoverable as 'public demand' under the BPDR Act. This is enabled by Section 132 and the Second Schedule of the 1983 Act, and Section 59(3) of the 2006 Act. Managing Director of West Bengal Transport Corporation Ltd. VS Calcutta Tramways Employees’ Co-Operative Credit Society Limited - 2023 0 Supreme(Cal) 691KSHETRIYA SHREE GANDHI ASHRAM VS STATE OF WEST BENGAL - 2006 0 Supreme(Cal) 110
The court has confirmed: The court found no irregularity or illegality in initiating the certificate proceeding for the recovery of Co-operative Bank dues under the Bengal Public Demands Recovery Act, based on the provisions of the West Bengal Co-operative Societies Act, 1983. LAKSHMIRANI GARAI VS STATE OF WEST BENGAL - 2004 0 Supreme(Cal) 221 This bypasses civil courts for disputes tied to society affairs, directing recovery via the Certificate Officer.
BPDR Act Section 5(1) states: When any public demand payable to any person other than the Collector is due, such person may send to the Certificate Officer a written requisition in the prescribed form. Schedule I, Clause 4 covers Any money which is declared by any enactment... to be recoverable as arrears of demand or public demand. Managing Director of West Bengal Transport Corporation Ltd. VS Calcutta Tramways Employees’ Co-Operative Credit Society Limited - 2023 0 Supreme(Cal) 691
Section 132 allows recovery of sums payable to societies as per the Second Schedule. Serial Nos. 3 and 4 specify: sums payable by an award under Section 96 ditto by the Certificate Officer as a public demand upon requisition by the cooperative Society. KSHETRIYA SHREE GANDHI ASHRAM VS STATE OF WEST BENGAL - 2006 0 Supreme(Cal) 110 This mode is exclusive for societies and government.
Courts uphold this for bank dues, dismissing writs challenging proceedings. LAKSHMIRANI GARAI VS STATE OF WEST BENGAL - 2004 0 Supreme(Cal) 221
Interest or principal dues qualify as public demand: the dues under Section 59(3) of Act, 2006 can be recovered through the processes laid down in the provisions of the Act, 1913. Managing Director of West Bengal Transport Corporation Ltd. VS Calcutta Tramways Employees’ Co-Operative Credit Society Limited - 2023 0 Supreme(Cal) 691
Sums due under awards (Sections 94/96) or loans also fall under BPDR Section 5 read with Schedule I, Clause 4. Managing Director of West Bengal Transport Corporation Ltd. VS Calcutta Tramways Employees’ Co-Operative Credit Society Limited - 2023 0 Supreme(Cal) 691
Resolve Disputes Internally First: For loans or sums from members/sureties, refer to Registrar/arbitrator under Section 86 of the 1973/1983 Acts. Civil jurisdiction is barred: any dispute required under section 86 to be referred to the Registrar. Eastern Railway Employees Co-Operative Bank VS Saroj Nath Dhar Gupta - 1982 0 Supreme(Cal) 346
Prepare Requisition: Society sends a signed, verified requisition to the Certificate Officer under BPDR Section 5, with proof (e.g., award/order). Attach court-fee. For land mortgage banks, get Registrar's countersignature. Managing Director of West Bengal Transport Corporation Ltd. VS Calcutta Tramways Employees’ Co-Operative Credit Society Limited - 2023 0 Supreme(Cal) 691
Certificate Proceedings: Officer verifies and initiates recovery as public demand, akin to land revenue arrears. No civil suit needed for covered matters.
Enforcement: Includes attachment, sale of property—swift and effective.
Cooperative banks skip Debts Recovery Tribunal; use internal arbitration with CPC principles like res judicata. No limitation under Section 95(2) of 1983 Act for money recovery. Contai Co-operative Bank Ltd. VS Union of India - 2016 0 Supreme(Cal) 321
The BPDR Act's broad reach is evident in other contexts. For sales tax arrears, courts affirmed Certificate Officer's jurisdiction, even for Calcutta businesses: the Certificate Officer of 24-Parganas had jurisdiction to issue the certificate for recovery of arrears of sales tax and penalty. CHANDI CHARAN LAHA VS CERTIFICATE OFFICER - 1966 Supreme(Cal) 128 Amendments apply retrospectively, and it's additive to other recovery powers.
In cooperative-specific disputes, recovery under Section 102 of the 2006 Act for defalcated funds was upheld: Money stated to have been defalcated by petitioner... has been rightly launched upon resorting to provisions available under Section 102. Kartik Chandra Das VS Dewanbheri Uttarpara Samaby Krishi Unnayan Samiti Ltd. - 2021 Supreme(Cal) 296
While maintenance under CrPC Section 125 involves different enforcement (as a continuing liability), it underscores efficient recovery mechanisms in West Bengal law. Alakhram VS State of U. P. - 2021 Supreme(All) 81Alakhram VS State of U. P.
These precedents reinforce BPDR's reliability for public demands, including cooperative dues.
File a signed/verified requisition under BPDR Act Section 5 with the Certificate Officer, attaching proof of dues. KSHETRIYA SHREE GANDHI ASHRAM VS STATE OF WEST BENGAL - 2006 0 Supreme(Cal) 110
This process ensures quick enforcement, protecting societies' financial health. References include upheld proceedings LAKSHMIRANI GARAI VS STATE OF WEST BENGAL - 2004 0 Supreme(Cal) 221, arbitration clarity Contai Co-operative Bank Ltd. VS Union of India - 2016 0 Supreme(Cal) 321, and BPDR details Managing Director of West Bengal Transport Corporation Ltd. VS Calcutta Tramways Employees’ Co-Operative Credit Society Limited - 2023 0 Supreme(Cal) 691KSHETRIYA SHREE GANDHI ASHRAM VS STATE OF WEST BENGAL - 2006 0 Supreme(Cal) 110Eastern Railway Employees Co-Operative Bank VS Saroj Nath Dhar Gupta - 1982 0 Supreme(Cal) 346.
Disclaimer: This is general information based on statutes and cases, not legal advice. Laws evolve; consult a qualified lawyer for personalized guidance.
#CoopRecoveryWB #BPDRAct #WestBengalLaw
(iii) West Bengal pollution Control Board. Kolkata. (iv) District Magistrate of West Burdwan, West Bengal. (v) Director, Directorate of Factories, West Bengal. ... (ii) Senior Scientist from West Bengal Pollution Control Board. (iii) District magistrate of West Burdwan, West Bengal. (iv) Director or any senior official from Directorate of Factories, West #HL_S....
Bengal Cooperative Societies Act. ... Be it mentioned here that West Bengal Co-operative Societies Rules 2011 (Rules of 2011 in short hereinafter) have clearly laid down how a ‘dispute’ can be raised and how the said dispute can be ‘adjudicated’. ... By section 154 of West Bengal Co-operative Societies Act, 2006, it has been laid down that the said Act shall have overriding effect over all other Acts, or contracts which are in conflict with the provisions of the Act of 2006. ... Persons qualified to be ....
As a matter of fact, the provision contained in Section 95 of the West Bengal Cooperative Societies Act, 1973 is pari material with the provision contained in Section 102 of the West Bengal Cooperative Societies Act, 2006. ... The respondent is a housing society registered under the West Bengal Housing Society Cooperative Act and purchased the land from the West Bengal Housing Infrastructure Development Corporation for setting up the housing society ....
The Bengal Public Demands Recovery Act, 1913 (hereafter referred to as the Act) extends to the whole of West Bengal by virtue of the provision of Section 1 (2) thereof, and Section 4 provides as follows: when the Certificate Officer is satisfied that any public demand payable to the Collector is due, ... That statute lays down the procedure for the recovery of land revenue accruing within the city of Calcutta and it is contended that nothing in the Bengal#HL....
expeditiously as possible by four equal monthly instalments, in default, the entire amount due, as on the date of such default along with 18% per annum interest on the entire due amount, from the date of default till the date of payment, shall be recovered in terms of Section 59(3) of the West Bengal ... The Commissioner of Income Tax, West Bengal and Others, 1971 (3) SCC 20, State of West Bengal vs. North Adjai Coal Co. Ltd. 1971 (1) SCC 309, Whirpo....
On the due publication of a. notification under section 4 of the Act, the property vested in the State of West Bengal, free from incumbrances as from the 1st Baisakh, 1362 B. S. corresponding to the 15th April, 1955. ... On behalf of the decree-holder, it was urged that the entire compensation including ad interim compensation was charged for her maintenance and as such should be realised by the receiver for the due payment of her maintenance dues. ... THE charged property has been acq....
(ii) Senior Scientist from West Bengal Pollution Control Board. (iii) District magistrate of West Burdwan, West Bengal. ... (iii) West Bengal pollution Control Board. Kolkata. (iv) District Magistrate of West Burdwan, West Bengal. ... District Magistrate, West Burdwan, Kachhari Road, Kalibazar Para, Bardhaman, West Bengal-713101. 5.....
... ( 8 ) BEFORE proceeding to deal with the matter, it is necessary to take note of the fact that Section 6 of the West Bengal Premises Tenancy Act, 1957 has been amended by the West Bengal Act No. ... repairs in the premises or to take such measures for the due maintenance therein of any essential supply or service, such as measures for the maintenance for the supply of water, gas or electricity, the maintenance of conservancy or sanitary service o....
State of West Bengal And Another, (2012) CJ (Cal.) 1133, Shantha, Usha Devi v. B.G. Shivananjappa, (2005) CJ (Sc) 1225, and Poongodi And Another v. ... provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the court to levy such amount within a period of one year from the date on which it became due. ... non compliance of the order under sub-Section (1) of section 125 of Cr.P.C., 1973 Therefore, the procedure adopte....
So the Managing Committee of CLC Tanners Association is responsible for use and maintenance of three Mobile Chrome Recovery Unit Components of the Government of West Bengal for the benefit of tanners of Calcutta Leather Complex. ... The said Mobile Chrome Recovery Unit Components including pumps, p.h. meters, gear motors, trolley tyres and tubes were the assets of Government of West Bengal, but the same were sold out without seeking prior approval from the Government ....
The decision of the Special Bench, as referred by the opposite parties rendered in the case of Anjan Choudhury (supra) deciding the test of nature of dispute to be referable to Register in the given context of this case, will govern the entire situation. The recovery proceedings initiated under Section 102 of the West Bengal Co-operative Societies Act, 2006 was rightly held to be maintainable.
It lays down the procedure for recovery of maintenance by construing maintenance to be a levy of fine. The provisions contained under Section 125(3) and the first proviso thereto came up for consideration in Poongadi and Ors. vs Thangavel, (2013) 10 SCC 618, and it was held that the proviso to Section 125(3) signifies that it is a mode of enforcement and does not create any bar or affects rights to claim arrears of maintenance.
v. Thangavel, (2013) 10 SCC 618: 2013 (7) Supreme 254, and it was held that the proviso to Section 125(3) signifies that it is a mode of enforcement and does not create any bar or affects rights to claim arrears of maintenance. It lays down the procedure for recovery of maintenance by construing maintenance to be a levy of fine.
Interest on these investments are profits and gains of his client, being a cooperative society, carrying on business of banking and providing credit facilities to its members. Corresponding enabling procedure is as per rule 119 in West Bengal Co-operative Societies Rules, 2011. He relies on sections 79 and 82 therein for provisions relating to firstly, investment of funds by his client and secondly, on mandate to transfer, in every cooperative year, not less than 10% of its net profit to a reserve fund. His client made investments as permitted by the Act, Rules and its exis....
The Chairman, on receipt of the requisition, convened meeting within 15 days thereof. 3. Mr. Bhattacharya, learned senior advocate appears on behalf of petitioner and moves the petition as 'unlisted motion' on leave obtained. He submits, rule 9 in West Bengal Municipalities (Procedure and Conduct of Business) Rules, 1995 provides for prescribed procedure, mandated by West Bengal Municipal Act, 1993. He relies on view expressed by a learned single Judge of this Court by order dated 31st August, 2016, in AST 269 of 2016 [Mahendra Kumar Rungta vs.
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