An Act to amend the West Bengal Co-operative Societies Act, 2006.
WHEREAS it is expedient to amend the West Bengal Co-operative Societies Act, 2006, (West Ben. Act XL of 2006) for the purposes and in the manner hereinafter appearing.
It is hereby enacted in the Sixty-fourth Year of the Republic of India, by the Legislature of West Bengal, as follows:
1. Short title and commencement—
(1) This Act may be called the West Bengal Co-operative Societies (Amendment and Validation) Act, 2013.
(2) it shall be deemed to have come into force with effect from the 4th day of February, 2013.
2. Amendment of Section 6 of West Ben. Act XL of 2006— In section 6 of the West Bengal Co-operative Societies Act, 2006 (hereinafter referred to as the principal Act),-
(1) in sub-section (2), for words “when such thing was done or suffered or such action was taken”, the words “when such thing was done or suffered or such action was taken, unless otherwise specifically provided in this Act:” shall be substituted;
(2) to sub-section (2), the following proviso shall be added:-
“Provided that such thing done or suffered or action taken shall not be deemed to have conferred any right which had not vested or accrued before the date of commencement of this Act or have extended any right which had vested or accrued before the date of commencement of this Act, to the board of a Co-operative Society registered or deemed to have been registered under the Co-operative Societies Act, 1912, (2 of 1912) or the Bengal Co-operative Societies Act, 1940, (Ben. Act XXI of 1940) or the West Bengal Co-operative Societies Act, 1973, (West Ben. Act XXXVIII of 1973) or the West Bengal Co-operative Societies Act, 1983, (West Ben. Act XLV of 1983) with the effect of such repeal.”.
3. Amendment of section 29—
For the first proviso to clause (a) of sub-section (5) of section 29 of the principal Act, the following proviso shall be substituted:—
“Provided that such election shall be held-
(a) in case the election of directors of the board held before the date of commencement of this Act, within three years from the date of such election;
(b) in any other case, within five years from the date of last election.”
4. Amendment of section 32.— After second proviso to clause (a) of sub-section (5) of section 32 of the principal Act, the following proviso shall be inserted:—
“Provided also that a director elected or nominated in any board prior to the date of commencement of this Act, shall hold office throughout a term of three years of the board or till the board is dissolved under section 34 or 35 or 36, whichever is earlier.”
5. Amendment of section 36.— In clause (a) of section 36 of the principal Act, for the words, figures and brackets “or within a period of thirty six months from the date of their election under sub-section (8) of section 27 of the West Bengal Co-operative Societies Act, 1983”, the words and figures “or within a period of thirty six months from the date of their election where such election has been held before the date of commencement of this Act” shall be substituted.
6. Validation— The amendments made in the principal Act by section 2, section 3, section 4 and section 5 shall be deemed to have been made with effect from the date of commencement of the principal Act, i.e. from the 18th day of January, 2011 and accordingly anything done or any action taken or purported to have been taken or done not inconsistent with or repugnant to the provisions of the principal Act, so amended, on or after the said date and before the commencement of this Act, shall, notwithstanding anything contrary contained in any judgment, decree or order of any court, tribunal or other authority, be deemed to be, and to have always been, for all purposes, as validly and effectively taken or done as if the said amendments had been in force at all material time.
7. Repeal and saving.—
(1) The West Bengal Co-operative Societies (Amendment and Validation) Ordinance, 2013, (West Ben. Ord. 1 of 2013) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the West Bengal Co-operative Societies Act, 2006, as amended by the said Ordinance shall be deemed to have been validly done or taken under the principal act, as amended by the Act. |
