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State of West Bengal - Section

Section 107 in West Bengal Co-operative Societies Act, 2006

107. Dissolution of Co-operative society by Registrar at instance of board or its members.

(1)If the board of the Co-operative society decides for any specific reason that it should be dissolved, the board shall cause a notice for holding a general meeting with a specific agenda as to dissolution to be sent to each member or delegate or representative for the purpose of authorising dissolution of the Co-operative society and such notice shall contain the following items : -
(a)details of assets and liabilities of the Co-operative society;
(b)details of claims of the creditors; and
(c)details of shares, loans, deposit and obligation of all members and the number of members.
(2)When the members approved dissolution by special resolution of two-thirds of members present and voting, the board shall send the copies of the notice and special resolution to the Registrar, the federal Co-operative society and the financing bank, if any, within thirty days from the date of adoption of special resolution.
(3)The federal Co-operative society and financing bank may send their comments on the matter of dissolution of the Co-operative society to the Registrar within fifteen days from the date of receipt of the reference from the Co-operative society under sub-section (2).
(4)If after examination of the authorisation of the Co-operative society and the comments of the federal Co-operative society and the financing bank, if received or after expiry of the period mentioned in sub-section (3), the Registrar is of the opinion that the Co-operative society should be dissolved, he may by order direct it to be dissolved within ninety days from the date of receipt of authorisation from the Co-operative society and may appoint a liquidator to dissolve it :Provided that the Registrar for forming his opinion may cause an inquiry to be made under section 100.
(5)The Registrar on an application made by not less than two-thirds of the total members of any Co-operative society for its dissolution may direct the board of the Co-operative society to take steps under sub-section (1) and sub-section (2). If the board fails to comply with the direction within forty-five days from the date of receipt thereof the Registrar may cause an inquiry under section 100 and proceed under Chapter XII.