Section 92 in West Bengal Co-operative Societies Rules, 2011
92. Levy of water rate and embankment protection rate of non-members.
(1) A Co-operative society, object of which is to provide irrigation facilities to the cultivable land of its members, may in Form XXI apply to the Collector for the demarcation of the area irrigable from any source of irrigation other than a tank which has been declared to be derelict tank.under section 4 of the Bengal Tanks Improvement Act, 1939 (Bengal Act XV of 1939).(2)Such area shall be termed as "irrigable area".(3)On receipt of such application, the Collector shall, after publishing notice in Form XXII, by way of hanging on the land adjoining the source of irrigation and affixing on the notice board of the Collectorate or the Anchal Panchayat and the registered office of the Co-operative society, prepare and publish in the same way a map of the irrigable area and a statement in Form XXIII of the cultivable land included therein.(4)If the land possessed by persons who are not members of the society comprising of not less than forty per centof the cultivable land included in the irrigable area, such society may levy water rate as is fixed by it upon any person who is not a member of the society possessing within such area cultivable land which is benefited by such irrigation facilities.(5)A Co-operative society, an object of which is to provide embankment protection facilities to the land of its members, may apply in Form XXIV to the Collector for demarcation of the area protection by any embankment.(6)Such area shall be termed "protected area".(7)On receipt of such application, the Collector shall, after publishing in the same form and in the same manner a notice as laid down in sub-rule (3), prepare and publish in the same form and in the same manner as laid down in ;he said sub-rule a map and a statement of the land included in the protected area.(8)If the land possessed by persons who are not members of the society comprising of not less than forty per centof the land included in protected area, such society may levy embankment protection rate fixed by it upon any person who is not a member of the society possessing within such protected area land which is benefited by the project or scheme.(9)The water-rate and the embankment protection rate shall be recoverable as a public demand under the Bengal Public Demands Recovery Act, 1913 (Bengal Act No. 3 of 1913).(10)(a)A Co-operative society, an object of which is agricultural farming on Co-operative basis through consolidation of land holdings, may, in Form XXV, apply to the Collector for demarcation of the area proposed to be brought under the land consolidation scheme.(b)Such area shall be termed "Co-operative Farming Area" or "Samabay Krishi Kshetra".(c)On receipt of such application, the Collector shall, after publishing the same form and in the same manner, a notice as laid down in sub-rule (3), shall prepare and publish a map and a statement of land included in the "Samabaya Krishi Kshetra".(d)If the land possessed by the persons who are not members of the society comprising of not less than forty per centof the cultivable lands included in the Samabaya Krishi Kshetra, such society may, direct in Form 26 the persons who are not members to join the society and the value of one or more shares in terms of the bye-laws of the society and such member shall thereupon within forty-five days from the receipt of the direction join the society.(e)If a person who is not a member, referred to in clause (d), after being called upon, by the concerned society so to do, refuses to join the said society, the said society may apply to the Collector for requisition of the lands owned or possessed by such person within the "Samabaya Krishi Kshetra" and if the Collector, after hearing such person and the board and after making such enquiry as he thinks necessary is of the opinion(i)that the aforesaid land or a part thereof owned or possessed by the said person is essentially necessary in the interest of the concerned Co-operative farming scheme and the Co-operative movement in general;(ii)that but for such land or part thereof the said Co-operative farming scheme is likely to fail; and(iii)that the said society is in a position to pay compensation that may be awarded for acquisition of such land or part thereof, under the Land Acquisition Act, 1894 (1 of 1894), shall acquire such land or part thereof for the society and hand over possession of the same to the society if the society deposits the required compensation as fixed by the Collector;(f)In case of a Co-operative society, referred to in foregoing clause, all lands, excluding homesteads, belonging to members thereof and situated within the Samabaya Krishi Kshetra, whether owned by them at the time when they became such members or acquired by them subsequently, shall become property of the society, and no member shall be entitled to hold in his personal capacity in the Samabaya Krishi Kshetra any cultivable land or any land.which can be made cultivable.
