Co-operative Society Disputes in West Bengal: Registrar, Board of Arbitrators, Co-operative Tribunal and Time Limits
04 Nov 2026
Quick answer
Every co-operative in West Bengal – from a village PACS to a Kolkata housing society or a district central co-operative bank – runs under one law: the West Bengal Co-operative Societies Act, 2006. This guide maps the Act section by section, lists every amendment, and tells you where to download the official text.
Key points
- The Act is West Bengal Act XL of 2006. Presidential assent was published in the Kolkata Gazette on 25 May 2010, and it was brought into force together with the 2011 Rules in January 2011.
- It replaced the West Bengal Co-operative Societies Act, 1983, so older court rulings often cite the 1983 Act.
- It has been amended in 2010, 2011, 2013 (twice) and 2015 – always read an amended copy.
- Key institutions it creates: the Registrar, the Co-operative Election Commission, the Co-operative Service Commission, the Registration Council and the Co-operative Tribunal.
- Detailed procedure – forms, timelines, fees – is in the West Bengal Co-operative Societies Rules, 2011.
Real problems and practical solutions
Problem 1: Board quotes the 1983 Act
What happens: Your society's office-bearers rely on old provisions to refuse a request.
Solution:
- The 2006 Act repealed the 1983 Act; ask them to cite the current section.
- Keep a copy of the amended Act from the Co-operation Department's site in the office.
Legal basis: WBCS Act 2006 (repeal and savings)
Problem 2: You can't find whether a section was amended
What happens: Two copies of the Act online say different things.
Solution:
- Use the Co-operation Department's ‘amendments highlighted’ copy or India Code, which lists each amending Act (2010, 2011, 2013 ×2, 2015).
- For critical issues, check the Kolkata Gazette.
Legal basis: India Code listing
Problem 3: Society uses ‘co-operative’ in its name without registration
What happens: A local group calls itself a ‘co-operative’ but isn't registered.
Solution:
- Only societies registered under the Act may use the word ‘co-operative’ (Section 9).
- Report it to the Range Registrar.
Legal basis: Section 9
What is the West Bengal Co-operative Societies Act, 2006?
The Act ‘consolidates and amends the law relating to co-operative societies in West Bengal’. It applies to every co-operative registered in the State, of every type: agricultural credit, banking, housing, consumer, marketing, fishery, weavers', industrial and others. It sets out how co-operatives are registered, governed, audited, regulated and wound up, and how disputes are settled.
The State says co-operatives here cover about 30,000 societies and 90 lakh members, reaching around 40% of the population – which is why this one statute affects so many households.
| Fact | Detail |
|---|---|
| Official name | The West Bengal Co-operative Societies Act, 2006 |
| Act number | West Bengal Act XL (40) of 2006 |
| Assent published | Kolkata Gazette Extraordinary, 25 May 2010 (Notification No. 712-L) |
| Brought into force | With the WBCS Rules 2011 – Co-operation Dept. notifications dated 18 January 2011 |
| Replaced | West Bengal Co-operative Societies Act, 1983 (West Bengal Act XLV of 1983) |
| Rules under it | West Bengal Co-operative Societies Rules, 2011 (guide) |
| Administered by | Co-operation Department and the Registrar of Co-operative Societies (guide) |
How the Act is organised – key parts and sections
The Act runs to over 150 sections plus schedules. These are the provisions people look up most often:
| Sections | Subject | Why it matters |
|---|---|---|
| 2–3 | State policy and co-operative principles | Voluntary membership, democratic control (one member, one vote), autonomy |
| 4 | Definitions | ‘Family’, ‘housing co-operative’, ‘board’, ‘member’ etc. |
| 8–10 | Companies Act not to apply; use of the word ‘Co-operative’; officers are public servants | Only registered co-operatives may use the word ‘co-operative’ in their name |
| 14–19 | Registration and bye-laws | Minimum applicants, Registrar's time limits, bye-law amendment (registration guide, bye-laws guide) |
| 27–31 | General body, AGM, special meetings | General body is the final authority (s.28); AGM timing and requisition meetings |
| 32–36 | Board of directors; supersession; special officer | Board composition, disqualification, six-month cap on supersession (guide) |
| 63–78 | Members – eligibility, rights, liabilities, nomination, transfer of shares | Who may join, how interest passes on death |
| 79–86 | Funds and profits | Reserve fund, education fund, distribution of profit |
| 87–93 | Special provisions for housing co-operatives | Eligibility, types, letting out (housing guide) |
| 94–96 | Service Commission, Registration Council, Election Commission | Recruitment (WEBCSC guide) and elections (elections guide) |
| 97–101 | Audit, inspection and inquiry | Audit within six months by panel auditor (audit guide) |
| 102–105 | Disputes and arbitration | Registrar's exclusive jurisdiction (disputes guide) |
| 106–113 | Dissolution and liquidation | When a society can be wound up |
| 134A–134C | Co-operative credit structure entities | Special governance rules for PACS, CCBs and CARD banks |
| 139 | Recovery of dues | Registrar's award recoverable as public demand |
| 145–148 | Bar on courts, Tribunal, appeals, review | Civil courts and consumer forums barred for covered matters |
| 157 | Rule-making power | Basis of the 2011 Rules |
All amendments to the Act
| Amending Act | Main effect (summary) |
|---|---|
| WB Co-operative Societies (Amendment) Act, 2010 | Early corrections ahead of commencement |
| WB Co-operative Societies (Amendment) Act, 2011 (Act XIV of 2011) | Changes to registration, AGM default (Registrar can call AGM), board dissolution, Election Commission; many parts effective 6 Feb 2012 |
| WB Co-operative Societies (Second Amendment) Act, 2013 (Act VII of 2013) | Audit by panel auditors appointed by general body; Election Commission's control over rolls and elections; arbitrator fees |
| WB Co-operative Societies (Amendment and Validation) Act, 2013 | Validated earlier actions; an attempt to cap board tenure at three years was not accepted by Calcutta High Court |
| WB Co-operative Societies (Amendment) Act, 2015 | All co-operative elections to be conducted by the Co-operative Election Commission |
Where to download the official PDF
- Co-operation Department, Government of West Bengal – publishes an amended copy of the Act (‘with all amendments highlighted’) and of the 2011 Rules on its website.
- India Code – the Government of India's legal repository lists the Act, each amending Act and the 2011 Rules as separate files.
- Bare-act publishers such as wbxpress keep section-wise indexes that are handy for quick reading but are not official.
When a decision matters – a dispute, an election, a transfer – rely on the official amended text and the Kolkata Gazette, not on summaries (including this one).
Who must follow the Act – and who doesn't
- Covered: every co-operative registered in West Bengal under this Act or treated as registered under it, including those first registered under the 1912, 1940, 1973 or 1983 laws.
- Not covered: multi-state co-operatives, which fall under the Multi-State Co-operative Societies Act, 2002 and the Central Registrar (multi-state guide); societies registered under the West Bengal Societies Registration Act, 1961; and apartment owners' associations under the West Bengal Apartment Ownership Act, 1972 (comparison).
- Banks: co-operative banks also need an RBI licence and follow the Banking Regulation Act, 1949 for banking matters (credit societies vs banks).
West Bengal Co-operative Societies Act, 2006: frequently asked questions
What is the West Bengal Co-operative Societies Act, 2006?
It is the State law (West Bengal Act XL of 2006) that governs the registration, management, audit, disputes and dissolution of co-operative societies in West Bengal. It replaced the 1983 Act.
When did the WBCS Act 2006 come into force?
Presidential assent was published on 25 May 2010, and the Act was brought into force together with the West Bengal Co-operative Societies Rules, 2011 through Co-operation Department notifications dated 18 January 2011.
How many times has the Act been amended?
India Code lists five amending Acts: 2010, 2011, two in 2013 (Second Amendment, and Amendment and Validation), and 2015.
Where can I get the WBCS Act 2006 PDF?
From the Co-operation Department, Government of West Bengal website (amended copy) or from India Code, which also hosts each amending Act.
Does the Act apply to housing societies?
Yes. Chapter VIII (Sections 87–93) has special provisions for housing co-operatives. See our housing co-operative guide.
Is the 1983 Act still relevant?
Only for history and for older court rulings decided under it. The 2006 Act repealed it, with savings for things already done.
Sources and review
- West Bengal Co-operative Societies Act, 2006 – section index (wbxpress)
- India Code – WB Co-operative Societies Act, 2006, amendments and rules
- Co-operation Department, Government of West Bengal – overview and statistics
- Govt. of West Bengal – ‘Made Easy’ guide to WB co-operative law (PDF)
- Union of India v. Rajendra N. Shah (Supreme Court, 20 July 2021) – Part IXB
Facts checked against the sources listed on 29 October 2026.
Next step: read the society management guide, or keep your society's records in order with COOPMAN.
