(1) If the board of a co-operative society or a Government officer deputed under section 28 or an administrator appointed under section 30 or a special officer appointed under section 31 or a liquidator appointed under section 100 is resisted in, or prevented from, taking possession of any books, accounts, documents, securities, cash or other properties of a co-operative society by any person not entitled to be or to remain in possession of the same, the Registrar or any person authorised by him in this behalf may, without prejudice to the penal measures provided in this Act, apply to any Metropolitan Magistrate or Judicial Magistrate of 5 of 1908.
380 The West Bengal Co-operative Societies Act, 1983.
XLV of 1983.]
(Chapter XIV.—Enforcement of obligations and recovery of sums due.—Sections 127, 128.)
the first class within whose jurisdiction such books, accounts, documents, securities, cash or other properties may lie for seizing and taking possession of the same.
(2) On receipt of an application under sub-section (1), such Metropolitan Magistrate or Judicial Magistrate of the first class, as the case may be, shall authorise any police officer not below the rank of subinspector to enter and search any place where such books, accounts, documents, securities, cash or other properties are kept or likely to be kept and to seize and hand over possession of the same to the Registrar or the person authorised by him in this behalf.
127. Where it appears to the Registrar that any person or any cooperative society, with intent to defeat or delay the execution of any order that may be made under this Act,
(a) is about to dispose of the whole or any part of his or its property, or
(b) is about to remove the whole or any part of his or its property from the local limits of the jurisdiction of the Registrar, the Registrar may, by order in writing, direct such person or co-operative society within a time to be fixed by him either to furnish security in such sum as may be specified in the order or to produce and place at the disposal of the Registrar, when required, the said property or the value of the sums or such portion thereof as may be considered sufficient by the Registrar or to show cause why he or it should not furnish such security. The Registrar may also in the order under sub-section (1) direct the conditional attachment of the said property or such portion thereof as he thinks fit. Such attachment shall have the same force and effect as if it has been made by a Civil Court and shall continue in force until it is withdrawn or cancelled by the Registrar.
Power to direct conditional attachment.
128. Notwithstanding anything contained in Chapter XI, the Registrar Power to or any person empowered under the rules may, of his own motion or direct payment of on the written requisition of a co-operative society or the financing bank dues.
for the recovery of any sum due by a defaulting member (including a deceased member) of a co-operative society, after such inquiry as he may consider necessary or expedient, make an award directing such member or his surety who may or may not be a member of the co-operative society or the successor of a deceased member to make payment of the amount found to be due.
381 The West Bengal Co-operative Societies Act, 1983.
[West Ben. Act Charge and surcharge.
Penalty for certain misdemeanours.
(Chapter X1V.—Enforcement of obligations and recovery of sums due.—Sections 129, 130.)