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State of West Bengal - Section

Section 106 in West Bengal Co-operative Societies Act, 2006

106. Dissolution of Co-operative society by Registrar on basis of report of inspection, inquiry etc.

(1)If on examination of a report of inspection under section 99 or a report of inquiry under section 100 or an audit report under section 98, the Registrar is of the opinion that the Co-operative society should be dissolved. he shall give a notice containing grounds for dissolution of the Co-operative society to its Chairman and Secretary requiring them to reply within forty-five days from the date of receipt thereof. A copy of the notice shall be sent to the federal Co-operative society and the financing bank, if any, for sending their comments to the Registrar within forty-five days from the date of receipt thereof.
(2)The Chairman or the Secretary of the Co-operative society shall call a general meeting of the members to consider whether any consent to such dissolution, as proposed in the notice under sub-section (1), shall be given or not. The Chairman or the Secretary shall send a reply within the period as mentioned in sub-section (1).
(3)If after consideration of the reply of the Co-operative society and comments of the federal Co-operative society and the financing bank, if any, or after expiry of the period of forty-five days as mentioned in sub-section (1), the Registrar is still of the opinion that the Co-operative society should be dissolved, he may by order direct it to be dissolved and may appoint a liquidator to dissolve it :Provided that the Registrar shall not, in the case of the State Co-operative Bank or West Bengal Co-operative Agriculture and Rural Development Bank or Central Co-operative Bank or Primary Co-operative Bank, make any order without prior consultation with the Reserve Bank of India or the National Bank for Agriculture and Rural Development Bank or State Co-operative Bank or the West Bengal Co-operative Agriculture and Rural Development Bank or the Central Co-operative Bank, as the case may be.