THE WEST BENGAL CO-OPERATIVE SOCIETIES (AMENDMENT) ACT, 2011
West Bengal Act XIV of 2011
[Passed by the West Bengal Legislature.]
[Assent of the Governor was first published in the Kolkata Gazette, Extraordinary, of the 30th January, 2012.]
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, for the purposes and in the manner hereinafter appearing;
It is hereby enacted in the Sixty-second Year of the Republic of India, by the Legislature of West Bengal, as follows:-
Short title and commencement:-
1. (1) This Act may be called the West Bengal Co-operative Societies (Amendment) Act, 2011.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
Amendment of section 4 of West Bengal Act XL of 2006:-
2. In section 4 of the West Bengal Co-operative Societies Act, 2006 (hereinafter referred to as the principal Act), in clause (55), in the Explanation, for sub-clause (b), the following sub-clause shall be substituted:-
“(b) ‘medium-term’ shall mean a term exceeding one year but not exceeding five years; and”.
Amendment of section 11:-
3. In section 11 of the principal Act, in sub-section (1),-
(a) in the first proviso, the words, “such opportunity or hearing has to be notified inviting objection, if any from interested persons” shall be omitted;
(b) for the second proviso, the following proviso shall be substituted:-
“Provided further that exemption under this section cannot be accorded in case of extension of the tenure of the Board of Directors of any Co-operative Society or class of Co-operative Societies, as the case may be, or for appointment of employees or officers in any Co-operative Society”.
Amendment of section 16:-
4. To sub-section (5) of section 16 of the principal Act, after the third proviso, the following proviso shall be added:-
“Provided also that the Registrar shall, in case of a Co-operative Credited Structure Entity, dispose of the application within thirty days from the date of receipt of the application”.
Amendment of section 19:-
5. In section 19 of the principal Act, for sub-section (1), the following sub-section shall be substituted:-
“(1) A Co-operative Society may by resolution in general meeting adopted by two-thirds of the members or delegates or representatives present but not less than one-third of the total number of members or delegates or representatives as on the register of members, or delegates or representatives on the date of issue of notice of such general meeting amend its by Laws.”
Amendment of section 25:-
6. In section 25 of the principal Act, in sub-section (2), for the words “shall replace before the general meeting”, the words “shall be placed before the general meeting” shall be substituted.
Substitution of new section for section 26:-
7. For section 26 of the Principal Act, the following section shall be substituted:-
“Partnership of Co-operative Societies:-
26. Any two or more Co-operative Societies may, by resolution passed at general meetings by a majority of members present and voting in each of such Co-operative Societies, enter into a contract of partnership for carrying on any specific business permissible under the bye-laws of such Co-operative Societies on such terms and conditions as may be mutually agreed upon. Such partnership of Co-operative Societies shall be governed by the provisions of the Indian Partnership Act, 1932”.
Amendment of Section 29:-
8. In section 29 of the principal Act,-
(a) for sub-section (6), the following sub-section shall be substituted:-
“(6) On the failure of the board to call the annual general meeting within the period as mentioned in sub-section (1), the Registrar shall call or authorize any of his officers to call annual general meeting to transact any business specified in sub-section (5) of this section .”;
(b) for sub-section (7), the following sub-section shall be substituted:-
“(7) If the election as referred to in the second proviso to clause (b) of sub-section (1) of section 35 or in clause (cc) of section 36 cannot be held owing to an order of any court or for any other reasons or if the directors of the board elected in a general meeting cannot function owing to an order of any court or for any other reason, or if the elected directors of the board resign simultaneously, the Registrar may constitute a board of directors from amongst the members or delegates or representatives of the Co-operative Society in conformity with section 32 and the constituted board shall elect its office-bearers from amongst themselves:
Provided that the board, so constituted, shall functions till the directors of the board elected under this section assume charge.
(c) in sub-section (8), for the words, figure and brackets “sub-sections (1) and”, the words “sub-section” shall be substituted.
Amendment of section 31:-
9. In section 31 of the principal Act, in sub-section (1), after clause (b), the following clause (c) shall be inserted:-
“(c) if Registrar decides to call a special general meeting to transact any specified business.”
Amendment of section 32:-
10. In section 32 of the principal Act,-
(a) in sub-section (1), for the clause (c), the following clause shall be substituted;
“(c) The chief executive of a co-operative society shall be an ex-officio director of the society and where there is no chief executive, the manager or the highest designated employee of the Co-operative Society, by whatever name called shall be an ex-officio director.”;
(b) in sub-section (7) for the words “for being elected on the board” the words “for being elected and continued on the board” shall be substituted.
Amendment of section 35:-
11. In section 35 of the principal Act,-
(a) in sub-section (1), in clause (b), for the words “the State Government shall appoint one of its officers to manage the affairs of the co-operative society who shall be called the administrator”, the words “the State Government shall appoint one or more of its officers to manage the affairs of one or more co-operative societies who shall be called the administrator or administrators, as the case may be,” shall be substituted;
(b) after sub-section (1), the following sub-section shall be inserted:-
“(1A) if an elected Board cannot be reconstituted within the period of one year from the date of dissolution of the board, the administrator shall be removed from his office by the State Government and thereupon the provision contained in sub-section (7) of section 29 shall be followed.”
Amendment of section 36:-
12. In section 36 of the principal Act,-
(a) in clause (a),-
(i) for the words “the board of directors, if any, of the Co-operative Societies mentioned in the Fifth Schedule”, the words “the board of directors of any of the Co-operative Societies” shall be substituted;
(ii) after the word and figures “section 29”, the following words shall be inserted:-
“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”;
(b) for clause (c), the following clause shall be substituted:-
“(c) upon dissolution of the board under clause (a), the State Government on report from the Registrar by notification, appoint a special officer from amongst its officers for managing the affairs of one or more co-operative societies for a period not exceeding six months and may also, by notification extend such period so, however, that the total period shall not exceed one year in any case.”;
(c) after clause (c), the following clauses shall be inserted:-
“(cc) the Registrar shall reconstitute an elected board of directors of the Co-operative Society in a general meeting to be convened for the purpose in accordance with the Act, rules and by-laws within the tenure of the special officer as specified in the notification so that special officer may make over his charge to the newly elected board before expiry of his tenure;
(ccc) if an elected Board of directors cannot be reconstituted within one year from the date of dissolution of the Board, the special officer shall be removed from office by the State Government and thereupon the provision contained in sub-section (7) of section 29 shall be followed.”;
(d) the proviso to clause (d) shall be omitted.
Amendment of section 37:-
13. In section 37 of the principal Act, sub-section (1) shall be inserted and after sub-section (1) so inserted, the following sub-sections shall be inserted:-
“(2) The State Government may, by order for reasons to be recorded in writing, rescind or suspend for a period specified in the order, any proceeding or resolution of any annual general meeting of a co-operative society or of any other meeting of the board thereof which it considers to be not in conformity with the provisions of this Act or the rules framed under this Act or with any order validly issued by the State Government or the Registrar, and may do all things necessary to secure such conformity, or any rescind any proceeding or resolution which it considers likely to affect adversely the interest of any co-operative society or members thereof or of the co-operative movement in general.
(3) The Registrar may, after giving the co-operative society an opportunity of being heard, by order for reasons to be recorded in writing, suspend the execution of any resolution or order of the board or prohibit the doing of any act if, in his opinion, such resolution, order or the doing of any act, as the case may be, is in excess of the powers conferred by this Act, or the execution or order or the doing of such Act is likely to prejudice the material interest of the Co-operative society or the members thereof or of the co-operative movement in general.
(4) The Registrar shall while making on order under sub-section (3) simultaneously send a copy of his order to the State Government.
(5) On receipt of a copy of the order under sub-section (4), the State Government shall be order rescind, modify or confirm the order of the Registrar under sub-section (3) and shall send a copy of such order to the co-operative society which shall be bound by such order.”
Amendment of section 89:-
14. In section 89 of the principal Act, sub-section (3), shall be omitted.
Amendment of section 94:-
15. In section 94 of the principal Act, after sub-section (3), the following sub-section shall be inserted:-
“(3A) the State Government may remove the Chairman from his office on such grounds and in such manner as may be prescribed.”
Amendment of section 96:-
16. In section 96 of the principal Act,-
(a) in sub-section (3), the words “and has served at least for two years either in Co-operative Department or in co-operative Directorate” shall be omitted;
(b) after sub-section (6), the following sub-section shall be inserted:-
“(6A) The State Government may remove the Co-operative Election Commissioner from his office on such grounds and in such manner as may be prescribed.”
Amendment of section 154:-
17. In section 154 of the principal Act, for the marginal note, the following marginal note shall be substituted:-
“Overriding effect of the Act.”
Substitution of new section for section 155:-
18. For section 155 of the principal Act, the following section shall be substituted:-
“Co-operative bank to get insured:-
155. (1) Every co-operative bank accepting deposits from non-members shall get itself insured under the Deposit Insurance and Credit Guarantee Corporation Act, 1961.
(2) Notwithstanding anything contained elsewhere in this Act, in respect of an insured co-operative bank (mentioned in this sub-section as the ‘said bank’),-
(i) an order for the winding up, or an order sanctioning a scheme of compromise or arrangement or of amalgamation or reconstruction, of the said bank may be made only with the previous sanction in writing of the Reserve Bank of India;
(ii) an order for the winding up of the said bank shall be made if so required by the Reserve Bank of India in the circumstances referred to in section 13D of the Deposit Insurance and Credit Guarantee Corporation Act, 1961;
(iii) if so required by the Reserve Bank of India in the public interest or for preventing the affairs of the said bank being conducted in a manner detrimental to the interest of the depositors or for securing the proper management of the said bank, an order shall be made for the supersession of the Board of Directors of the said bank and the appointment of an administrator for such period or periods as may from time to time be specified by the Reserve Bank of India;
(iv) an order for the winding up of the said bank or an order sanctioning a scheme of compromise or arrangement or of amalgamation or reconstruction or an order for the supersession of the Board of Directors of the said bank and the appointment of an administrator thereof made with the previous sanction in writing or on the requisition of the Reserve Bank of India shall not be liable to be called in question in any manner; and
(v) the liquidator or the insured co-operative bank or the transferee bank as the case may be shall be under an obligation to repay the Deposit Insurance Corporation established under section 3 of the Deposit Insurance and Credit Guarantee Corporation Act, 1961, in circumstances, to the extent and in the manner referred to in section 21 of the said Act.
Explanation:-For the purpose of this section,-
(i) ‘co-operative bank’ has the same meaning as in the Deposit Insurance and Credit Guarantee Corporation Act, 1961,
(ii) ‘Insured Co-operative Bank’ shall mean a co-operative bank which is an insured bank within the meaning of clause (i) of section 2 of the Deposit Insurance and Credit Guarantee Corporation Act, 1961,
(iii) ‘transferee bank’ in relation to an insured co-operative bank means co-operative bank-
(a) with which such insured co-operative bank is amalgamated, or
(b) to which the assets and liabilities of such insured co-operative bank are transferred, or
(c) into which such insured co-operative bank is divided or converted.”
Insertion of new section 155A after section 155:-
19. After section 155 of the principal Act, the following section shall be inserted:-
“Fees for supply of Certified copies etc:-
155A. Certified copies of certain documents, as may be prescribed, be supplied on payment of prescribed fees:
Provided that the fees for filing disputes before the Registrar under section 102 of this Act shall be such as may be prescribed.”
Amendment of section 157:-
20. In section 157 of the principal Act, in sub-section (4), the words “for not less than fourteen days” shall be omitted.
By order of the Governor,
B.K. SRIVASTAVA,
Secretary-in-charge to the Government of West Bengal,
Law Department.
West Bengal Act VII of 2013
THE WEST BENGAL CO-OPERATIVE SOCIETIES (SECOND AMENDMENT) ACT, 2013
[Passed by the West Bengal Legislature.]
[Assent of the Governor was first published in the Kolkata Gazette, Extraordinary, of the 26th April, 2013.]
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, 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:-
Short title and commencement:-
1. (1) This Act may be called the West Bengal Co-operative Societies (second Amendment) Act, 2013.
(2) It shall be deemed to have come into force with effect from the 19th day of February, 2013.
Amendment of Section 4 of West Bengal Act XL of 2006:-
2. In section 4 of the West Bengal Co-operative Societies Act, 2006 (hereinafter referred to as the principal Act),-
(1) after clause (6), the following clause (6A) shall be inserted:-
‘(6A) “authorized person” means a person referred to as such in the Fourth Schedule;’
(2) for clause (8), the following clause shall be substituted:-
‘(8) “board” means the board of directors or the governing body of a Co-operative Society, by whatever name called, to which the direction and control of the management of the affairs of a society is entrusted to’;
(3) in clause (13), after the words “a Central Co-operative Bank Limited”, the words “and also an Agricultural Co-operative Marketing Society Limited, by whatever name called, whose primary objects is to supply agricultural or non-agricultural products or inputs, or to facilitate procurement and marketing of agricultural products to augment the income of farmers, and to render such other services to its members and other customers as may be required in the interest of development.” shall be inserted;
(4) for clause (15), the following clause shall be substituted:-
‘(15) “Co-operative Society” means a society registered or deemed to have been registered under this Act’;
(5) for clause (23), the following clause shall be substituted:-
(23) “Co-operative year” means the financial year commencing on the 1st day of April’;
(6) for clause (46), the following clause shall be substituted:-
‘(46) “office bearer” means a President, Vice-President, Chairperson, Vice-Chairperson, Secretary or Treasurer of a Co-operative Society and includes any other person to be elected by the board of any Co-operative Society’;
(7) after clause (64), the following clause shall be inserted:-
‘(64A) “special officer” means an officer appointed as a special officer under section 36’;
Amendment of section 16:-
3. In section 16 of the principal Act, in sub-section (1), for the words “in Form as prescribed”, the words “in Form along with fees as may be prescribed” shall be substituted.
Amendment of section 19:-
4. In section 19 of the principal Act, in sub-section (2),-
(1) for the words “An application in prescribed form”, the words “An application in such form along with such fees as may be prescribed” shall be substituted;
(2) for the words “thirty days”, the words “sixty days” shall be substituted.
Amendment of section 29:-
5. In section 29 of the principal Act,-
(1) for sub-section (1), the following sub-section shall be substituted:-
“(1) Every Co-operative Society shall hold such number of general meetings of its members or delegates or representatives in a Co-operative year as may be prescribed to transact such business as may be considered necessary by the board and the annual general meeting of its members or delegates or representatives within a period of six months of close of the Co-operative year to transact such business as provided in this Act.”;
(2) in sub-section (7), for the words, letters, figures and brackets “second proviso to clause (b) of sub-section (1) of section 35 or in clause (cc) of section 36”, the words, letters, figures and brackets “third proviso to sub-section (1A) of section 35 or in sub-section (2) of section 36” shall be substituted.
Amendment of section 32:-
6. In section 32 of the principal Act,-
(1) in sub-section (1),-
(a) in clause (a),-
(i) in the first proviso, for the words “fifteen”, the words “twenty-one” shall be substituted;
(ii) after the second proviso, the following proviso shall be inserted:-
“Provided also that one seat shall be reserved for the Scheduled Castes or the Scheduled Tribes and two seats for women on board of every Co-operative Society consisting of individuals as members and having members from such class or category of persons.”
(b) for clause (g), the following clause shall be substituted:-
“(g) persons having experience in the field of banking, management, finance or specialization in any other field relating to the objects and activities undertaken by any Co-operative Society, may be co-opted by the board as the members of the board of that Co-operative Society:
Provided that the number of such co-opted members shall not exceed two in addition to twenty-one directors specified in the first proviso to clause (a):
Provided further that such co-opted members shall not have the right to vote in any election of the Co-operative Society in their capacity as such members or to be eligible to be elected as office bearers of the board.”;
(2) after sub-section (1), the following sub-section shall be inserted:-
“(1A) The functional directors of a Co-operative Society shall also be the members of the board and such members shall be excluded for the purpose of counting the total number of directors specified in the first proviso to clause (a) sub-section (1).”;
(3) in sub-section (4), in clause (c), for the word, letters and brackets “(e) and (g)”, the word, letter and brackets “and (e)” shall be substituted;
(4) in sub-section (5), in clause (a), to the third proviso, after the word “dissolved”, the words “or superseded” shall be inserted.
Amendment of Section 35:-
7. In section 35 of the principal Act,-
(1) for the marginal heading, the following marginal heading shall be substituted:-
“Supersession and suspension of board and interim management.”
(2) for sub-section (1), the following sub-section shall be substituted:-
‘(1) Notwithstanding anything contained in this Act or in any other law for the time being in force, no board shall be superseded or kept under suspension for a period exceeding six months:
Provided that in case of a Co-operative Society carrying on the business of banking, the provisions of this section shall have the effect as if for the words “six months”, the words “one year” had been substituted;’
(3) for sub-section (1A), the following sub-section shall be substituted:-
“(1A) If the State Government is of the opinion that-
(a) any board-
(i) has made persistent default; or
(ii) is negligent in the performance of its duties; or
(iii) has committed any act prejudicial to the interests of the Co-operative Society or its members; or
(b) the constitution or function of any Co-operative Society has come to a stalemate, or
(c) the Co-operative Election Commission has filed to conduct election in accordance with the provisions of this Act,
The State Government may, by notification stating reasons therefor, supersede the board and the directors of such board shall forthwith vacate their offices and by the said notification the State Government shall appoint one of its officers to manage the affairs of the Co-operative Society who shall be called the administrator, for the period specified in sub-section (1):
Provided that the board of any such Co-operative Society shall not be superseded or kept under suspension where there is no Government shareholding or loan or financial assistance or any guarantee by the Government:
Provided further that in case of a Co-operative Society carrying on the business of banking, the provisions of the Banking Regulation Act, 1949 shall apply:
Provided also that the administrator appointed to manage the affairs of such Co-operative Society shall arrange for conduct of election in a general meeting to be convened for the purpose in accordance with the Act, rules and by-laws within the period specified in sub-section (1) and handover the management to the newly elected board:
Provided also that if an elected board cannot be reconstituted within the period specified in sub-section (1), the administrator shall be removed from his office by the State Government and thereupon the provisions contained in sub-section (7) of section 29, shall be followed.”
(4) after sub-section (2), the following sub-section shall be inserted:-
“(3) The conditions of service of an administrator shall be such as may be prescribed.”
Substitution of section 36:-
8. For section 36 of the principal Act, the following section shall be substituted:-
‘Expiry of term of board and appointment of special officer:-
36. (1) Notwithstanding anything contained elsewhere in this Act or in any other law for the time being in force, where election of the board of directors of any Co-operative Society has not been held within a period of thirty-six months from the date of their election where such election was held before the date of commencement of this Act or within a period of sixty months from the date of their election under sub-section (1) of section 29 of this Act, the directors of the board of such Co-operative Society shall be deemed to have vacated their offices immediately on expiry of the period of thirty-six months from the date of their election where such election was held before the date of commencement of this Act or sixty months from the date of their election under sub-section (1) of section 29 of this Act, as the case may be, and the State Government shall, thereupon by notification, appoint special officer from amongst its officers for managing the affairs of the Co-operative Society for a period not exceeding six months from the date of such expiry of the period:
Provided that in case of a Co-operative Society carrying on the business of banking, the provisions of this clause shall have the effect as if for the words “six months”, the words “one year” had been substituted;
(2) The special officer appointed to manage the affairs of such Co-operative Society shall arrange for conduct of elections within the period specified in sub-section (1) and handover the management to the newly elected board;
(3) If an elected board of directors cannot be reconstituted within the terms of the special officer, he shall be removed from office by the State Government and thereupon the provision contained in sub-section (7) of section 29 shall be followed;
(4) With effect from the date of expiry of the term of the board under clause (a)-
(a) all properties of the Co-operative Society shall vest in the Registrar and shall remain vested till a new board assumes office; and
(b) subject to the control and direction of the Registrar and notwithstanding the preferring of an appeal under section 147, the special officer shall exercise all the powers and perform all the duties which may, under this Act or the rules or the by-laws, be exercised or performed by the board or any officer of the Co-operative Society.’
Amendment of section 41:-
9. In section 41 of the principal Act, after the word “books”, the words “information and account of the Co-operative Society kept in regular transaction of its business with members” shall be inserted.
Insertion of new section after section 41:-
10. After section 41 of the principal Act, the following section shall be inserted:-
“Participation etc. in management of Co-operative Society:-
41A. (1) The members of a Co-operative Society shall participate in the management of the Co-operative Society by attending at least such number of meetings of the Co-operative Society as may be prescribed and utilize the minimum level of service.
(2) The State Government shall provide for the co-operative education and training to the members of a Co-operative Society in such manner as may be prescribed.”
Amendment of section 96:-
11. In section 96 of the principal Act,-
(1) in sub-section (1), for the words, “superintendence, direction and control of election of all registered co-operative societies”, the words “superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to a registered Co-operative Society” shall be substituted;
(2) in sub-section (5), for the word “appoint a Joint Registrar”, the word “appoint an officer not below the rank of Joint Registrar” shall be substituted.
Amendment of section 97:-
12. In section 97 of the principal Act,-
(1) in sub-section (1),-
(a) for clause (a), the following clause shall be substituted:-
“(a) every Co-operative Society shall file return, within six months of the close of every co-operative year, to the Director of Co-operative Audit and to the Registrar including the following matters, namely:-
(i) annual report of its activities;
(ii) its audited statement of accounts;
(iii) its cash account, profit and loss account, balance sheet and trading account where applicable in the Form as may be prescribed;
(iv) plan for surplus disposal as approved by the general body of the Co-operative Society;
(v) list of amendments to the bye-laws of the Co-operative Society, if any;
(vi) declaration regarding date of holding of its general body meeting and conduct of elections when due; and
(vii) any other information required by the Registrar in pursuance of any of the provisions of this Act,”;
(b) for clause (b), the following clause shall be substituted:-
“(b) Account of every Co-operative Society shall, within six months of the close of the co-operative year to which such accounts relate, be audited at the expense of the Co-operative Society by an auditor to be appointed by the general body of the Co-operative Society from the panel of auditors to be prepared with the persons appointed or authorized by the State Government or by the Director of Co-operative Audit with the approval of the State Government to act as an auditor by general or special order in writing in this behalf from among the officers under its administrative control, or the members of the Institute of Cost and Works Accountant of India constituted under the Cost and Works Accountants Act, 1959 and members of the Institute of Chartered Accounts of India Constituted under the Chartered Accountants Act, 1949, having such qualification, such experience, and in such manner as may be prescribed. Such panel of auditors shall remain valid for five years.”;
(c) after clause (b), the following clauses shall be inserted:-
“(c) The auditor or auditing firm, as the case may be, referred to in clause (b) shall be appointed by the general body of the Co-operative Society.
(d) The audit report of the accounts of all apex and federal Co-operative Societies shall be laid before the State Legislature in such manner as may be prescribed.”;
(d) in sub-section (2), in clause (a), for the words “and issue appointment letters to the audit officer under intimation of such appointment to the Co-operative Societies”, the words “under intimation to the Co-operative Societies and thereupon the Co-operative Societies shall issue appointment letter to the auditor” shall be substituted.
Amendment of section 103:-
13. In section 103, in the principal act, for sub-section (2), the following sub-section shall be substituted:-
“(2) A dispute under section 102 relating to all apex Co-operative Societies and all federal Co-operative Societies shall be filed before the Registrar who shall after condoning the delay, if any found to be condonable, and admitting the dispute forth with refer it for decision to the board of arbitrators as constituted under sub-section (a) of this section. The chief arbitrator of the board may dispose it himself or transfer it to any arbitrator or arbitrators for disposal.
Explanation:-For the purpose of this sub-section, the word “Registrar” means the Registrar of Co-operative Societies, West Bengal only.”
Amendment of section 104:-
14. For section 104 of the principal Act, the following section shall be substituted:-
“Payment of fees to arbitrators:-
104. (1) The arbitrators, not being serving Government Officers, shall be eligible to get fees not exceeding rupees three hundred per sitting as the Registrar may sanction.
(2) The Plaintiff shall deposit in such institution as may be cited by the Registrar the probable fees of the arbitrators on advance as may be assessed having regard to the nature of the dispute raised within fifteen days from the date of Registrar’s decision to refer the dispute to an arbitrator or board of arbitrators. In default of payment within the time as specified the plant shall stand rejected and the dispute lapse.
(3) No fee shall be payable to an arbitrator till the dispute is finally settled and awarded.”
Amendment of Third Schedule:-
15. In the Third Schedule of the principal Act, for serial No.4 and the entries relating thereto, the following serial No. and the entries relating thereto shall be substituted:-
“4. An order of dissolution or supersession of a board and appointing administrator under section 35 or appointment of special officer on expiry of term of board under section 36.
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Any director of the Board
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The Co-operative Tribunal.
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Two months from the date on which the order is communicated or two months from the date of knowledge of such order.”
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Amendment of Forth Schedule:-
16. In the Fourth Schedule of the Principal Act,-
(1) for serial No.2 and the entries relating thereto, the following serial No. and the entries relating thereto shall be substituted:-
“2. A Co-operative Society or an officer or member thereof willfully makes a false return or furnishes false information, or any person willfully not furnishes any information required from him by a person authorized in this behalf under the provisions of this Act.
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Any person making such return or furnishing such information or any person so neglecting or refusing.
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Imprisonment for a term which may extend to six months or fine which may extend to one thousand rupees or both.”;
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(2) for serial No.6 and the entries relating thereto, the following serial No. and the entries relating thereto shall be substituted:-
“6. Any person willfully or without any reasonable excuse disobeys any summons, requisition or lawful written order issued under the provisions of this Act.
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Any person so disobeying.
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Imprisonment for a term which may extend to six months or fine which may extend to one thousand rupees or both.”;
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(3) after serial No.8 and the entries relating thereto, the following serial Nos. and the entries relating thereto shall be inserted:-
“9. Any employer who without sufficient cause, fails to pay to a Co-operative Society amount deducted by him from its employee within a period of fourteen days from the date on which such deduction is made.
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The employer.
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Imprisonment for a term which may extend to six months or fine which may extend to one thousand rupees or both.
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10. Any officer or custodian who willfully fails to handover custody of books, accounts, documents, records, cash, security and other property belonging to a Co-operative Society of which he is an officer or custodian, to an authorized person.
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The officer or custodian.
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Imprisonment for a term which may extend to six months or fine which may extend to one thousand rupees or both.
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11. Adopting corrupt practice before, during or after the election of the members of the board or office bearers of a Co-operative Society.
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Any person so adopting.
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Imprisonment for a term which may extend to six months or fine which may extend to one thousand rupees or both.”
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Amendment of Fifth Schedule:-
17. In the Fifth Schedule of the principal Act, serial No.5 and the entry relating thereto shall be omitted.
Repeal and saving:-
18. (1) The West Bengal Co-operative Societies (Second Amendment) Ordinance, 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 this Act. |
