(1) A co-operative society, an object of which is to provide irrigational facilities to the cultivable land of its members, may in the prescribed form apply to the Collector for demarcation of the area irrigable from any source of irrigation other than a tank which has, under section 4 of the Bengal Tanks Improvement Act, 1939, been declared to be a derelict tank.
(2) Such area shall be termed the "irrigable area".
(3) On receipt of such application, the Collector shall, after giving notice in the prescribed manner, cause to be prepared, in the prescribed form, by an officer subordinate to him, a map of the irrigable area and a statement of the cultivable lands included therein, and such map and statement shall be published in the prescribed manner.
(4) If the lands possessed by the members of such society comprise not less than sixty per centum of the cultivable lands included in the irrigable area, such society may, subject to rules made in this behalf, levy a water-rate upon any non-member of the society possessing within such area cultivable land which is benefited by the irrigational facilities referred to in sub-section (1).
(5) A co-operative society, an object of which is to provide embankment protection facilities to the lands of its members, may, in the prescribed form, apply to the Collector for demarcation of the area protected by any embankment.
(6) Such area shall be termed the "protected area".
(7) On receipt of such application, the Collector shall, after giving notice in the prescribed manner, cause to be prepared in the prescribed form, by an officer subordinate to him, a map of the protected area and a statement of the lands included therein; and a copy of such map and statement shall be published in the prescribed manner.
(8) If the lands possessed by the members of such society comprise not less than sixty per centum of the lands included in the protected area, such society may, subject to rules made in this behalf, levy an embankment protection rate upon any lion-member of the society possessing land within such area.
(9) Water-rate and embankment protection rate referred to in subsection (4) and sub-section (8) respectively shall be recoverable in the manner provided in this Act for the recovery oc sums due to the society by the members, past members and deceased members thereof.
(10) (a) A co-operative society, an object of which is agricultural farming on co-operative basis through consolidation of land holdings, may, in the prescribed form, apply to the Collector for demarcation of the area proposed to be brought under the land consolidation scheme.
Ben. Act XV of 1939.
186 The West Bengal Co-operative Societies Act, 1973.
XXXVIII of 1973.]
(Chapter V.—Privileges of co-operative societies.— Section 49.)
(b) Such area shall be termed "co-operative farming area" or "samabay krishi kshetra".
(c) On receipt of such applicaton, the Collector shall, after giving notice in the prescribed manner, cause to be prepared, in the prescribed form, by an officer subordinate to him, a map of the co-operative farming area and a statement incorporating details of the cultivable lands included therein;
and such map and statement shall be published in the manner prescribed.
(d) If the lands possessed by the members of such society comprise not less than sixty per centum of the cultivable lands included in the co-operative farming area, such society may, subject to rules made in this behalf, direct the nonmembers to join the society, and such non-members shall thereupon, in such manner and within such time as may be prescribed, join the society.
(e) If any non-member referred to in clause (d), after being called upon by the concerned society so to do, refuses to join the said society, the said society may apply to the Collector for acquisition of the lands owned or possessed by such non-member within the co-operative farming area, and if the Collector, after hearing the non-member and the members of the managing committee of the said society and after making such inquiry as he may think necessary, is of the opinion—
(i) that the aforesaid lands or a part thereof owned or possessed by the non-member are essentially necessary in the interests of the concerned co-operative farming scheme and the co-operative movement in general,
(ii) that but for such lands or part thereof, the said cooperative farming scheme is likely to fail, and
(iii) that the said society is in a position to pay compensation that may be awarded for acquisition of such lands or 1 of 1894.
part thereof, under the Land Acquisition Act, 1894, he shall acquire such lands or part thereof in accordance with the provisions of the said Act and on the society's deposit of the required compensation in respect thereof, hand over possession of the same to the society, and such lands or part thereof shall thereupon vest in the said society.
Acquisition of lands for the aforesaid purpose shall be deemed to be acquisition needed for public purpose within the meaning of section 4 of the said Act.
187 The West Bengal Co-operative Societies Act, 1973.
[West Ben. Act.
(Chapter V.—Privileges of co-operative societies.— Sections 50, 51.)
(f) In case of a co-operative society referred to in this subsection, all lands, excluding homesteads, belonging to the members thereof and situated within the co-operative farming area, whether owned by them at the time when they become such members or acquired by them subsequently, shall vest in the society, and no member shall be entitled to hold in his personal capacity, in the said farming area, any cultivable land or any land which can be made cultivable.
Charge and set off in respect of share or interest of members.
50. A co-operative society shall have a charge upon the share or interest in the capital and the deposits of a member or a past or deceased member and upon any amount payable out of profits to a member or past member or the estate of a deceased member in respect of any debt due from such member or past member or of the estate of such deceased member to the society and may, subject to the provisions of sections 69 to 73 inclusive and of the rules and by-laws, set off any sum credited or payable to a member, past member or the estate of a deceased member in or towards the payment of any such- debt:
Provided that no financing bank, of which a co-operative society is a member, shall have a charge upon any sum invested in the bank by the society out of its reserve fund, unless the bank is the sole creditor of the society, or be entitled to set off any sum credited or payable to the society towards the payment of any debt due from the society.
Deduction of 51. Notwithstanding anything contained in any other law for the open dues to - five time being in force,— societies from salaries (1) if a member of a co-operative society or a person having and gratuity transaction with co-operative society, being in the employ of mem and frombers of the Government or any local authority or any person, salaries of takes loan or purchases goods on credit from a co-operative sureties.
society in terms of a written contract, providing therein that the loan or price for the goods are to be repaid or paid in instalments and that the society shall be entitled to recover such instalments from his salary or wages, the person who disburses any amount payable to such member or person as salary or wages in respect of such employment shall, on demand from the society,—
(a) deduct the amount of such instalments from the amount to be disbursed to such member or person as salary or wages as often as is necessary until the loan is repaid or the price for the goods is fully paid, and 188 The West Bengal Co-operative Societies Act, 1973.
XXXVIII of 1973.1 (Chapter V. Privileges of co-operative societies.— Section 51.)
(b) forthwith and not later than fifteen days from the date of deduction remit to the society the amount so deducted, for which the society shall issue a receipt;
(2) such member or person as described in clause (1) may further provide in the written contract referred to in clause
(1) that if he subsequently ceases to be an employee of the Government or any local authority or any person, as the case may be, the balance of the loan or the price for goods payable by him to the society shall be deductible from the gratuity payable to him by his employer, and where a written contract with such terms is executed and such member or person subsequently ceases to be an employee of the Government or such local authority or such person, as the case may be, his employer shall, on demand from the society from which such member or person referred to in clause (1) has taken loan or has purchased goods on credit,--
(a) deduct the balance of the loan or price for the goods, payable by such member or person to the society, from the gratuity payable by such employer to such member or person, and
(b) forthwith and not later than fifteen days from the date of deduction remit to such society the amount so deducted, for which the society shall issue a receipt;
(3) where a member of a co-operative society or a person having transaction with co-operative society, being in the employ of the Government or any local authority or any person, stands, in terms of a written contract, surety for such member or person described in clause (1), such written contract may further provide that the person, who disburses any amount payable to such surety as salary or wages in respect of his employment, shall, in the event of nonrealisation of the loan or the price for goods or any part thereof from such member or person and on demand from the society from which such member or person referred to in clause (1) has taken loan or has purchased goods on credit,—
(a) deduct the amount of any instalment of such loan or price for the goods, from the amount to be disbursed to such surety as salary or wages, as often as is necessary, until such loan is repaid or price for the goods is fully paid, and
(b) forthwith and not later than fifteen days from the date of deduction remit to such society the amount so deducted, for which the society shall issue a receipt;
189 The West Bengal Co-operative Societies Act, 1973.
[West Ben. Act (Chapter V.—Privileges of co-operative societies.— Section 52.)
(4) if on demand from the society, the person who disburses any amount payable to such member or person or the surety referred to in clause (1) and clause (3) respectively, does not make any remittance as required under clause (1) and clause (3), the employer of such member or person or the surety, as the case may be, shall be liable for payment thereof, and the amount recoverable on behalf of the society from such employer shall be deemed to be an arrear of land revenue.
Exemption 52. (1) Nothing in clauses (b) and (c) of sub-section (1) of section from compulsory 17 of the Registration Act, 1908 shall apply to,— registration (a) any instrument relating to shares in a co-operative of instruments society; or relating to shares and (b) any debenture issued by any such society and not creating, debentures of declaring, assigning, limiting or extinguishing any right, co-operative society and title or interest to or in immovable property, except in so mortgage- far as it entitles the holder to the security afforded by a deeds executed in registered instrument whereby the society has mortgaged, favour of conveyed or otherwise transferred the whole or part of its co-operative land immovable property or any interest therein to trustees upon development trust for the benefit of the holders of such debentures; or bank or primary (c) any endorsement upon or transfer of any debenture issued society.
by any such society.
(2) Notwithstanding anything contained in the Registration Act, 1908, it shall not be necessary to register the mortgage-deed in respect of a mortgage of immovable property executed in favour of a co-operative land development bank or a primary society, of which the majority of the members are agriculturists, for the purpose of securing the repayment of a loan:
Provided that the manager of, or any officer of the Government deputed by the State Government or the Registrar under section 24 to, such land development bank or where the mortgage has been executed in favour of a primary society, the manager of, or any officer of the Government deputed by the State Government or the Registrar under section 24 to, the central bank to which such society is affiliated, shall send, within such time and in such manner as may be prescribed, a copy of the mortgage-deed to the Registering Officer within the local limits of whose jurisdiction the whole or any part of the immovable property is situate, and the Registering Officer shall file such copy in his Book No. 1 prescribed under section 51 of the Registration Act, 1908.
16 of 1908.
190 The West Bengal Co-operative Societies Act, 1973.
XXXVIII of 1973.1 (Chapter V.—Privileges of co-operative societies.— Section 53.)