Amendment status not verified — confirm the current text below against the official source.
In this Act, unless there is anything repugnant in the subject or context,-- (1) "administrator" means an administrator appointed under section 35; (2) "apex Co-operative society" means a Co-operative society whose area of membership extends to the whole of West Bengal and the primary object of which is to promote the objects and to provide facilities for the operation of other Co-operative societies which are its members and includes West Bengal State Co-operative Bank Limited and West Bengal State Co-operative Agriculture and Rural Development Bank Limited; (3) "arbitrator" means an arbitrator appointed under section 103 and includes a board of arbitrators and a forum of arbitrators; (4) "area of membership" means the area as specified in the by-laws of a Co-operative society from which the membership is drawn; I0 THE KOLKATA GAZET'T'E, EXTRAORDINARY, MAY 25, 2010 [PART HI The West Bengal Co-operative Societies Act, 2006. (Chapter L—Preliminary.—Section 4.) (5) "auditor" means a person appointed or authorised to act as an auditor under section 97; (6) "audit range" means an area over which an audit officer not below the rank of an Assistant Director of Co-operative Audit exercises his jurisdiction; (7) "block-level mahila self-help group Co-operative societies" means a credit Co-operative society formed by the self-help groups consisting of women members only within the administrative jurisdiction of a community development block; (8) "board" means a board of directors, the governing body of a Co-operative society constituted under section 32; (9) "borrowed capital" means the total of loans, deposits and such other borrowings as the Board of a Co-operative Society may decide; (10) "by-law" means a by-law registered under this Act and includes an amendment thereof; (11) "Central Co-operative bank" has the same meaning as in the National Bank for Agriculture and Rural Development Act, 1981; 61 of 1981. (12) "State Co-operative agriculture and rural development bank" means a Co- operative, the primary object of which include the creation of funds for lending money to its members and to the Co-operative agriculture and rural development banks; (13) "Central Co-operative society" means a Co-operative society, the primary object of which is to facilitate the working of other Co-operative societies which are its members within an area as may be prescribed and includes a Central Co-operative Bank Ltd.; (14) "consumer Co-operative society" means a Co-operative society, the primary object of which is to supply consumer goods and to render such other services to its members and other consumers as may be required in the matter of supply and production of consumer goods and includes a federation of such Co-operative societies; (15) "Co-operative society" means a Co-operative society registered under this Act and includes all Co-operative societies registered under the previous Acts; (16) "Co-operative agriculture and rural development bank" means a primary Co-operative society, the object of which include the creation of funds for lending money to its members on long-term basis and also to the beneficiaries of long-term loan on short-term basis for improvement of agricultural land and for other productive purposes and for construction of house and higher education of members or their wards. Explanation.—In this clause— (i) "long-term" shall mean a term exceeding five years; (ii) "productive purposes" shall mean such effort, activity or construction as may be provided in the by-laws; (17) "Co-operative farming" means a Co-operative society, the principal object of which is to organise cultivation of lands held by it or by its members jointly or otherwise with a view to increasing agricultural production and employment by proper utilisation of land, labour and other resources; PART THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 25, 2010 11 The West Bengal Co-operative Societies Act, 2006. (Chapter 1.—Preliminary.—Section 4.) (18) "Co-operative society with limited liability" means a Co-operative having the liability of its members limited by its by-laws to the amount, if any, unpaid on the shares respectively held by them or to such amount as they may have respectively thereby undertaken to contribute to the assets of the Co-operative in the event of its being wound up; (19) "Co-operative society with unlimited liability" means a Co-operative having, subject to its by-laws, an unlimited liability of its members to contribute jointly and severally in any deficiency in the assets of the Co-operative; (20) "Co-operative Credit Society" means a Co-operative society, the primary object of which is to create funds for lending money to its members; (21) "Co-operative range" means such area over which an officer not below the rank of an Assistant Registrar of Co-operative societies exercises his jurisdiction; (22) "chief executive" means a person, by whatever designation he may be called, who being appointed by the board, manages the affairs of the Co-operative, subject to the superintendence, control and direction of the board and includes Chief Executive Officer appointed by the State Government or the Registrar of Co-operative societies under section 33; (23) "Co-operative year" means the year commencing on the 1st day of April; (24) "Director of Co-operative audit" means the person appointed under section 12 and includes Additional Director of Co-operative Audit, Deputy Director of Co-operative Audit, Assistant Director of Co-operative Audit or any other officer who are appointed under that section to assist him and on whom all or any of the powers of the Director under this Act are conferred; (25) "dispute" means any matter capable of being the subject of civil litigation, and includes a claim in respect of any sum payable to or by a Co-operative society; (26) "district Co-operative union" means a Co-operative society which has an area of membership extending to the whole of a Co-operative range and the primary object of which is to assist the State Co- operative Union in implementing its object and includes a central society; (27) "distrainer" means a person who is empowered by a Registrar to distrain and sell the produce of mortgaged land including the standing crops thereon, in accordance with the provisions of section 120; (28) "electric Co-operative society" means a Co-operative society, the primary object of which is to provide electricity through generation, distribution or otherwise to its members and also to others if approved by the Board; (29) "engineers' Co-operative society" means a Co-operative society formed of unemployed— (i) degree holders in any branch of engineering, technology, science, commerce, arts or agriculture; or (ii) diploma holders in any branch of engineering, technology, agriculture; or (iii) certificate holders in any industrial trade. 12 THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 25, 2010 [PART III The West Bengal Co-operative Societies Act, 2006. (Chapter L—Preliminary.—Section 4.) The percentage of degree, diploma or certificate holders in any branch of engineering, technology or industrial trade in the membership of the Co-operative society shall not be less than sixty per cent. Explanation.—"unemployed" includes any person who is not in full time employment; (30) "equity share capital" means and include share capital raised from members by a Co-operative society which shall be eligible to receive dividend in terms of section 86 of this Act, if and when declared subject to prior approval of the Reserve Bank of India; (31) "farmers' service Co-operative society" means an agricultural Co-operative society, the primary object of which is to render assistance, financial or otherwise to farmers particularly small and marginal farmers, rural artisans, agricultural labourers including bargadars and pattaholders; (32) "federal Co-operative society" means a Co-operative society whose membership is available only to Co-operative societies and not to individuals but includes apex and central Co-operative society; (33) "financing bank" include State Co-operative Bank, a central Co-operative Bank, State Co-operative agricultural and rural development bank, a primary Co-operative Bank, State Bank of India, a nationalised Bank, a regional rural Bank or National Bank for Agriculture and Rural Development, the object of which is to create funds for lending money to the Co-operative societies or other institutions or both; (34) "general body" in relation to a primary Co-operative society means all the members of that Co-operative society either by convoking delegates or by direct participation and in relation to apex or central society, as the case may be, means all the delegates or the representatives of the member Co-operative societies; (35) "general meeting" means a meeting of the general body of the Co- operative society; (36) "housing Co-operative society" means a Co-operative society, the primary object of which is to provide to its members with dwelling houses, flats or lands for construction of dwelling houses or flats or with finance for purchase of land for construction of dwelling houses and maintenance of common services in connection therewith, and includes a federation of such Co-operative societies; (37) "industrial Co-operative society" means a Co-operative society, the primary object of which includes manufacture and marketing of goods by or with the help of its members and providing supplies and services to them and to small producers and entrepreneurs and includes a Co-operative society established with the object of facilitating the operation of such Co-operative society; (38) "inspector of Co-operative societies" means a person appointed as such by the Registrar; (39) "labour Co-operative society" means a primary Co-operative society composed of persons who live on manual labour, skilled or unskilled; (40) "liquidator" means a liquidator of a Co-operative society appointed under section 110; PART THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 25, 2010 13 The West Bengal Co-operative Societies Act, 2006. (Chapter 1.—Preliminary.—Section 4.) (41) "member" means a person joining in an application for registration of a Co-operative society or a person admitted to the membership of a Co- operative society after registration in accordance with the provisions of this Act and the rules and the by-laws made thereunder, and includes a joint member, or a self-help group and, subject to the provision of sub- section (3) of section 63, a nominal member. Explanation.—For the purpose of this clause— (a) "joint member" shall mean any one or two persons admitted jointly to the membership of a Co-operative society under sub- section (4) of section 63 and shall include either of the following persons so admitted— (i) husband and wife; (ii) father and son or daughter; and (iii) mother and son or daughter; (b) "nominal member" shall mean any person admitted to the membership of a Co-operative society as a nominal member under sub-section (3) of section 63; (42) "multipurpose Co-operative society" means a primary Co-operative society, the object of which is to provide various services including credit, business, industry consumer to its members; (43) "National Bank for Agricultural and Rural Development" means the National Bank for Agricultural and Rural Development established under section 3 of the National Bank for Agricultural and Rural Development 61 of 1981. Act, 1981; (44) "net profit" means profit after deduction of establishment charges, contingent charges, interest payable on loans and deposits, audit fees and such other sums as may be provided in the by-laws; (45) "notification" means a notification published in the Official Gazette; (46) "office-bearer" shall mean the chairman, vice-chairman, secretary, assistant secretary or treasurer of the Co-operative society; (47) "officer" includes a chairman, vice-chairman, secretary, joint secretary, assistant secretary, treasurer, director of a board and managing director, general manager, deputy general manager, assistant general manager, development officer, chief executive, deputy manager, assistant manager, field executive officer, and any other person appointed and authorised by the board to give direction relating to the affairs of the Co- operative society and also includes a Government Officer appointed under section 33 and Special Officer appointed under section 36 or an administrator appointed by the State Government or the Registrar under section 34 to manage the affairs of the Co-operative society; (48) "owned capital" means the total paid up share capital and accumulated reserve fund and other funds created out of profits of a Co-operative society or otherwise; (49) "patronage refund" means annual refund to members in proportion to their transactions with the Co-operative societies during the year; (50) "preference share capital" means and includes share capital raised by the State Co-operative Banks and the Central Co-operative Banks from persons friendly supporting the cause of Co-operative movement who shall be eligible to receive dividend at a rate fixed by such Banks subject to prior approval of the Reserve Bank of India and shall be entitled to such rights as provided in this Act; (51) "prescribed" means prescribed by rules made under this Act; (52) "primary Co-operative society" means a Co-operative society whose membership is available only to individuals and self-help groups; (53) "primary Co-operative bank" has the same meaning as in the Reserve Bank of India Act, 1934; 2 of 1934. 14 THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 25, 2010 [PART III The West Bengal Co-operative Societies Act, 2006. (Chapter L—Preliminary.—Section 4.) (54) "primary Co-operative credit society" means a Co-operative society, the primary object of which is to create fund for lending money to its member and which undertakes such other credit and non-credit activities commensurate with the primary object; (55) "primary agricultural credit Co-operative society" means a Co-operative society, the primary object of which is to create fund for granting short- term crop loan, medium and long-term loan for supplying agricultural inputs to its members and selling of outputs of its members and to undertake rural non-farm sector activities including cottage and small scale industries, allied farm activities including aquaculture, animal husbandry, horticulture, sericulture and such other business, services and activities for development of the rural areas as specified in the by-laws. Explanation.— (a) "short-term" shall mean a term not exceeding one year; (b) "medium-term" shall mean a term more than one year and less than five years; and (c) "long-term" shall mean a term exceeding five years; (56) "Registrar" means the Registrar of Co-operative societies appointed under section 12 and includes Additional Registrar, Joint Registrar, Deputy Registrar, Assistant Registrar of Co-operative society and any other officer who is appointed under that section to assist the Registrar and on whom all or any of powers of the Registrar under this Act are conferred; (57) "relative" has the same meaning as in the Companies Act, 1956; 1 of 1956. (38) "Reserve Bank of India" means the Reserve Bank of India constituted under the Reserve Bank of India Act, 1934; 2 of 1934. (59) "rules" means the rules made by the State Government under this Act; (60) "self-help group" means a group of persons, men or women of five to twenty in number coming from different families and belonging to economically weaker section of the society and having their residential address within a contiguous place for effective implementation of viable economic activities; (61) "service Co-operative society" means a Co-operative society formed primarily with unemployed persons for rendering services such as security service and education, allied supply of food and consumers' goods, healthcare including nursing and aya services, domestic help, car parking facility or any other services as may be prescribed including providing services for agricultural, veterinary, fishery and other allied farm sector including agricultural clinics and service centres to Government authorities institutions and individuals; (62) "State Co-operative Bank" has the same meaning as in the National Bank for Agricultural and Rural Development, 1981; 61 of 1981. (63) "State Co-operative Union" means a Co-operative society registered under this Act having its area of membership extending to the whole of West Bengal, and the primary object and functions of which is— (a) to spread education on Co-operative principles and practices; (b) to arrange for training of the members and the employees of Co-operative societies and of the employees deputed by the State Government on Co-operative principles and practices; PART III] THE KOLKATA GAZEIth, EXTRAORDINARY, MAY 25, 2010 15 The West Bengal Co-operative Societies Act, 2006. (Chapter 1.—Preliminary.—Sections 5, 6.) (c) to deal with and solve the problems of Co-operative societies which are its members; (d) to develop the existing Co-operative societies; (e) to organise and promote new Co-operative societies; (f) to propagate and publicise Co-operative principles and ideas; and (g) to perform such other functions as may be prescribed; (64) "secretary" means a person who subject to the control of board, is entrusted with the management of the affairs of Co-operative society and includes any person by whatsoever name called discharging the duties of a secretary; (65) "State" means the State of West Bengal; (66) "transport Co-operative society" means a Co-operative society composed of transport operators including driver, conductor, cleaner, mechanic and other persons engaged in transport business; (67) "Tribunal" means the Co-operative Tribunal constituted under section 146; (68) "Trustee" means a trustee appointed under section 45; (69) "working capital" means the total capital of a Co-operative consisting of borrowed capital and owned capital. Interpretation of certain words and expression used in the Act. Repeal and savings.