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West Bengal Cooperative Societies Rules, 2011

Published in Cooperation.

Government of West Bengal
Cooperation Department
Writers’ Buildings, Kolkata – 700001

No. 179-Coop/H/2R-1/2006 (Pt.) Dated, Kolkata, the 18th January, 2011

NOTIFICATION

1. Short title & Commencement
2. Definitions
3. Determination of one-half, one third etc.
4. Forms
5. Net Profit
6. Definition of Cooperative
7. Exemption of Cooperative Societies from provisions of this Act
8. Restriction for formation of certain cooperative societies
9. Application for registration
10. Registration of Society
11. Affiliation of Societies
12. Amendment of bye-laws
13. Making of Bye-laws
14. Consultation with Apex Society
15. Issue of order for division, amalgamation or re-organization
16. Promotion of subsidiary organization
17. Audit of subsidiary organization and the partnership contract so entered by the cooperative societies
18. Prohibition of admission of members and transfer of shares on the eve of General Meeting
19. Notice of General Meetings
20. Annual General Meeting
21. Special General Meeting
22. Requisition of Special General Meeting
23. Half-yearly General Meeting
24. Power of General Meeting
25. Chairman of General Meeting
26. Quorum of Annual or Half-yearly and/or Special General Meeting
27. Minutes of Annual General Meeting/and other General Meetings
28. Voting in Annual or Half-yearly or Special General Meeting
29. Chairman, Quorum, Minutes and voting in Half-yearly General Meeting
30. Adjourned Annual, Half Yearly and Special General Meeting
31. General Meeting by delegates
32. Division of area of a society for election of delegates.
33. Framing of regulation by the Board for election of delegates
34. Constitution of Board
35. Election of Directors at an Annual General Meeting
36. Election of Office bearers
37. Filling up of casual vacancy
38. Filling up of vacancy in the Board where requisite number of Directors cannot be elected due to disqualification or otherwise.
39. Reservation of seats on the Board
40. Procedure for holding election in a General Meeting in some cases
41. First Board of Directors
42. Qualification for membership of Board
43. Nomination by a Cooperative Society to another Cooperative Society
44. Cessation of membership of a Board
45. Removal and recall of a member of a Board and an office-bearer
46. Notice of Board Meeting
47. Meeting of Board
48. Voting at the meeting of Board
49. Chairman of meeting
50. Quorum of meeting
51. Requisition meeting
52. Powers of the Board
53. Duties of the Board
54. Powers and duties of the Chairman and
the Vice-Chairman of the Society.
55. Orders of the Chairman and the Vice-Chairman to be placed before the meeting
56. Designation and power of the Government Officer on deputation
57. Duties of the Chief Executive Officer
58. Administrator
59. Procedure in case of difference of opinion
60. Indemnification of the Chief Executive Officer
61. Conditions of deputation under Section 33
62. Emoluments, allowances or honorarium
63. Duties of State nominee
64. Meaning of “relative”
65. Address of cooperative society
66. Change of name and its effect
67. Books, Registers and Documents
67A. Books and Documents to be open to inspection by members.
68. Functions of the State Cooperative Union
69. Functions of the District Cooperative Unions
70. Affiliation of Cooperative with the West Bengal State Cooperative Union and District Cooperative Unions.
71. Annual Return
72. Additional Returns
73. Persons who will maintain accounts, books etc.
74. Custody of accounts, books and records
75. Preservation and destruction of Books, Records etc.
76. Preparation of Statements, etc. at the cost of Society and recovery of such cost.
77. Publication of Balance sheet
78. Borrowings
79. Borrowings and Deposits of Primary Agricultural Credit Cooperative Society
80. Restriction on borrowings of limited liability society
81. Fluid resources or liquid cover
82. Issue of Debentures
82A. Vesting of assets of cooperative in the trustees upon issue of debentures.
82B. Issue of Bonds
83. Financial assistance by the State Government
84. Application for Loan
84A. Loans and advances to members and non members
85. Security for Loan
86. Security for financial assistance to be granted by Primary Cooperative Credit Society
87. Period of Repayment
88. Maximum Credit
89. Restriction on issue of Loan
90. Form of declaration creating charge on Immovable Property of Members
91. Form of declaration for creating Gehan on land or other Immovable property or interest therein.
92. Levy of water rate and embankment protection rate of non-members
93. Map of the irrigable area
94. Levy of water rate and embankment protection rate
95. The period within which and the manner in which mortgage deed is to be sent to the registering office
96. Grant of preference and exemption by the State Government under sub-section (3) of section 60.
97. Compromise or arrangement between Cooperative Society and its creditor
98. Conduct of sale by the sale officer
99. Power of State Government to Guarantee
100. Liability to furnish information
101. Change of Liability
102. Cooperative Society’s power to call for statement of claims
103. Cooperative Society’s power to call for notice of suits or proceedings against members.
104. Restrictions on transactions with non-members
104A. Creation of Posts.
105. Procedure for direct recruitment of staff by cooperative societies.
105A. Constitution of Selection Committee.
106. Method of recruitment and conditions of service of the officers and employees of cooperative societies.
107. Eligibility for Membership
108. Form and Manner of Admission to Membership
109. Disposal of objection
110. Appeal against refusal to admit any Applicant as Member of a society
111. Exercise of Rights of Membership & Liability of Members
112. Appeal against order of Expulsion or Suspension
113. Cessation of Membership of a Cooperative Society
114. An association or body of persons as a member of a Cooperative Society
115. Manner of recalling a loan not utilized for proper purpose
116. Restriction on interest of a Member of a Society with Limited liability and shares
116.A Disposal of deceased Member’s share or interest and procedure for calculation of value of shares
117. Nomination of transferee
118. Refund of share value
119. Investment of funds
120. Utilization of Bad Debt Fund
121. Use of Reserve fund and other funds in the business of a society
122. Employees’ Provident Fund
123. Declaration of Dividend, Bonus, Rebate, etc.
124. Cooperative Education Fund
125. Contribution for Charitable purposes
126. Functions of promoters
127. Function of the Chief Promoter, the Chairman, the Vice-Chairman and the Treasurer.
128. Holding of the first meeting of the board of a Housing Cooperative Society.
129. Report to the first general meeting and commencement of work
130. Allotment of plots or houses or apartments
131. Membership
132. Cessation of Membership
133. Expulsion of Members
134. Recovery of dues from member, after his entitlement to title or interest in land or house or apartment.
135. Powers and duties of the Board of Housing Cooperative Society
136. Escalation of Project Cost
137. Financial transactions and maintenance of accounts in a housing cooperative society
138. Transfer and letting out by members of a housing cooperative society
139. Refund of deposits to a member or his nominee in the event of his resignation or expulsion or death.
140. Annual General Meeting of a Housing Cooperative Society
141. Jurisdiction of the West Bengal State Cooperative Housing Federation Limited.
142. Restriction on borrowing
143. Restriction on issue of loan
144. Valuation of land
145. Restriction on change in the scheme of the project and number of projects in a Housing Cooperative Society
146. Creation of second mortgage on a cooperative land, house or apartment in favour of the employer by a member employed in the public sector.
147. Mode of communication by members to a Housing Cooperative Society in certain matters
148. Apportionment of cost of land, house or apartment in Housing Cooperative Society.
149. Entitlement by a member of a Housing Cooperative Society to title or interest in any land, house or apartment.
150. Circumstances under which a member of a Housing Cooperative Society may reside outside the house or apartment allotted to him.
151. Quarterly Statement to be furnished
152. West Bengal Cooperative Service Commission
153. Cooperative Registration Council
154. Cooperative Election Commission
155. Preparation of Panel of Auditors
155A. Audit under clause (b) of sub-section (1) of Section 97 of the Act.
155B. Annual Audit, Monthly Running Audit, Concurrent Audit , Re-audit etc.
156. Audit Fees
157. Payment of Audit Fees
158. Audit Report
159. Assessment of Audit Fees on Cooperative Society
160. Exemption and Remission of Audit Fees
161. Procedure of Audit
162. Audit objections
163. Writing off Assets and Bad Debts
164. Submission of special report by Audit Officer
165. Form of Audit Statements
165A. Seizure of Books and Documents by the Inspecting Officer or Inquiring Officer
166. Reference of a dispute
167. Filing of dispute
168. Persons qualified to be appointed as Arbitrators
169. Disposal of disputes
170. Procedure for disposal of disputes
171. Award or decision
172. Amendment of award, order, etc.
173. Withdrawal of reference by the Registrar
174. Execution of decision or award
175. Disposal of record
176. Certified copy
177. Order for dissolution of a Cooperative Society
178. Appointment or removal of Liquidator
179. Publications of notice
180. Remuneration of Liquidator
181. Issue of summons by a Liquidator
182. Liquidator to keep notes of deposition
183. Recovery by Certificates
184. Distribution of Assets.
185. Final report of Liquidator and termination of proceedings
186. Disposal of books, etc. by the Liquidator
187. Productive purposes for which a Cooperative Agriculture and Rural Development Bank may grant loan
188. Notice under Section 114
189. Procedure for appointment of distrainer
190. Powers and functions of the distrainer
191. Sale of distrained property and appropriation of sale proceeds
191A. Appointment of Sale Officer
191B. Notice requiring payment from persons interested
191C. Application for sale
191D. Procedure for sale
191E Abandonment of sale
191F Method of calculating expenses incidental to sale of property
191G Procedure for the receipt, deposit, etc.
191H. Procedure in default of payment of full amount of the bid money
191I. Application to set aside a sale
191J. Setting aside or confirmation of sale
191K. Appointment of receiver and his duties, powers, functions and remuneration
191L. Expenses of a receiver
191M. Distribution of sale proceeds and bar to certain claims
191N. Return of purchase money and payment of compensation
191O. Certificate to be issued to purchaser and to be entered by the Registering officer
191P. Delivery of possession
191Q. Procedure for the disposal of property purchased
191R. Notice under Section126
192. Procedure for conditional attachment of property
193. Power to direct payment of dues
194. Negligence
195. Penalty for certain misdemeanour under Section 141.
196. Officer responsible for carrying out the direction of Registrar
197. Cooperative Tribunal
198. Revision
199. Review
200. Memorandum of Appeal and Review
201. Manner of Certification
202. Cooperative Societies to get insured
203. Payment of fees
204. Inspection of documents in the office of the Registrar
205. Presumption of service by registered post

No. 179-Coop dated 18.01.2011, Source