(1) The Bengal Co-operative Societies Act, 1940, is hereby repealed.
(2) Notwithstanding such repeal, anything done or suffered or any action taken (including any rule made, any transaction entered into, notification and notice issued with prospective and retrospective effect, order passed, appointment and registration made, suit and proceeding commenced, dispute decided or referred to arbitration, right or title accrued, or liability or obligation or penalty incurred) under the 2 of 1912. Co-operative Societies Act, 1912 or under the Bengal Co-operative Societies Act, 1940, shall, in so far as they are consistent with this Act, be deemed to have been done or taken under this Act, as if the provisions of this Act were in force at all material times when such thing was done or suffered or such action was taken.
(3) Every society existing at the commecement of this Act which has been registered or deemed to have been registered under the Cooperative Societies Act, 1912 or under the Bengal Co-operative Societies Act, 1940, shall be deemed to be registered under this Act; and its bylaws shall in so far as they are not inconsistent with the provisions of this Act, continue in force until altered or rescinded and shall to such extent be deemed to be registered under this Act.
4. All references to the Co-operative Societies Act, 1912, or to the Bengal Co-operative Societies Act, 1940, occurring in any enactment for the time being in force in West Bengal shall, in the application of any such enactment thereto, be construed as references to this Act; and anything done or any proceedings commenced in pursuance of any such enactment on or after the commencement of this Act shall be deemed to have been done or to have been commenced and to have had effect as if the reference in such enactment to the Co-operative Societies Act, Ben. Act XXI of
1940.
Repeal and savings.
Construction of references to Act 2 of 1912 and Ben. Act XXI of 1940.
161 The West Bengal Co-operative Societies Act, 1973.
[West Ben. Act (Chapter 1.—Preliminary.--Sections 5-8.
—Chapter II Registration.—Section 9.)
1912, or to the Bengal Co-operative Societies Act, 1940, had been a reference to this Act, and no such thing or proceeding shall be deemed to have been invalid on the ground that such enactment did not refer to this Act.
Ben. Act XXI of
1940.
Act 1 of 1956 not to apply.
Prohibition of the use of the word "cooperative".
Power to exempt cooperative societies from the provisions of the Act.
Officers of co-operative societies to be public servants.
5. The provisions of the Companies Act, 1956, shall not apply to co-operative societies.
6. No person other than a co-operative society shall trade or carry on business under any name or title of which the word "co-operative" or its equivalent in any language is part:
Provided that nothing in this section shall apply to the use by any person or by his successor-in-interest of any name or title under which he lawfully traded or carried on business at the commencement of this Act.
7. The State Government may, if it is satisfied that it is necessary so to do in the public interest, by notification for reasons to be recorded—
(a) exempt any co-operative society or class of such societies from the application of any of the provisions of this Act or of any rules made thereunder, or
(b) direct that any of such provisions shall apply to such society or class of societies to such extent as may be specified in the notification:
Provided that no order to the prejudice of any society shall be made without an opportunity being given to such society to represent its case.
8. The officers of the co-operative societies shall be deemed to be public servants within the meaning of section 21 of the Indian Penal 45 of 1860.
Code.
CHAP IhR II REGISTRATION Appointment of Registrar and of persons to assist him.
9. The State Government may appoint a person to be Registrar of Co-operative Societies for West Bengal and may appoint persons to assist him.
162 The West Bengal Co-operative Societies Act, 1973.
XXXVIII of 1973.1 (Chapter II Registration.—Sections 10-12.)
10. Subject to the rules, the State Government may, by general or special order in this behalf, confer all or any of the powers, or impose all or any of the duties, entrusted to the Registrar by or under this Act, other than those specified in the First Schedule,—
(a) upon any person appointed under section 9 to assist the Registrar; and
(b) upon any co-operative society in respect of any other cooperative society which is a member of the co-operative society first mentioned.