Amendment status not verified — confirm the current text below against the official source.
(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 sub- section (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 non- members 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 co- operative 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 sub- section, 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.