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State of West Bengal - Section

Section 43 in West Bengal Land Reforms Act, 1955

43. [Formation of Co-operative Farming Societies.] [Effect from 17.1.1977, vide Notification No. 158L Ref/2A-26176, dated 14.1.1977.]

—(1) Any seven or more raiyats owning lands in a compact block or intending to acquire such land, may form themselves into a Co-operative Farming Society and apply in writing in the prescribed form, to the Registrar. Co-operative Societies for the registration of such society under [the West Bengal Co-operative Societies Act, 1973] [Substituted by West Bengal Act No. 50 of 1981, but now see West Bengal Co-operative Societies Act, 1983 (1973 Act is now repealed).].
(2)The Registrar may, after such enquiry as he may deem fit, register the society under [the West Bengal Co-operative Societies Act, 1973] [Substituted by West Bengal Act No. 50 of 1981, but now see West Bengal Co-operative Societies Act, 1983 (1973 Act is now repealed).], and grant a certificate of registration and on such registration the provisions of the [the West Bengal Co-operative Societies Act, 1973] [Substituted by West Bengal Act No. 50 of 1981, but now see West Bengal Co-operative Societies Act, 1983 (1973 Act is now repealed).], subject to the special provisions of this Act, shall apply to such a society and the society may enlist new members in accordance with the rules and bye-laws under the said Act for the time being in force.
(3)When a Co-operative Farming Society has been registered under sub-section (2), all lands, excluding homesteads, belonging to the members thereof and forming one compact block, whether owned by them at the time when they became such members or acquired by them subsequently, shall vest in the society, and no member shall be entitled to hold in his personal capacity any land, excluding homestead, which together with any land belonging to him but vested in the society under the provisions of this sub-section exceeds the ceiling area applicable to him under Chapter II-B.
(4)When the lands belonging to a member of a Co-operative Farming Society vest in such society, there shall be allotted to him shares the value of which will, as far as possible, be equal to the value of the lands of the member vested in the society.
(5)Notwithstanding anything elsewhere contained in this Act, no Co-operative Farming Society shall have the right to acquire or hold any land except the land which vests in it under sub-section (3).
(6)Omitted by the West Bengal Land Reforms (Second Amendment) Act, 1972 (West Bengal Act 28 of 1972).