(1) Where, on an audit under section 90 or an inspection under section 92 or an inquiry under section 93 or an inquiry by a commission constituted under the Commissions of Inquiry Act, 1952 or an inquiry by an inquiry committee constituted by the State Government or a report from the liquidator, it appears to the Registrar that any officer (including a former officer) of any co-operative society has any time after the commencement of this Act and within six years prior to the date of such audit, inspection, inquiry or report, as the case may be,—
(a) intentionally made or authorised or allowed any payment which is, or may be deemed to be, contrary to the provisions of this Act or the rules or the by-laws or any other law for the time being in force, or
(b) by reason of negligence in respect of any prescribed matter involved the co-operative society in any loss or deficiency, or
(c) misappropriated or fraudulently retained any property of the co-operative society or committed criminal breach of trust or forgery or falsification of accounts, the Registrar may, after giving such officer an opportunity of being heard, by order in writing require such officer to pay such sum to the assets of the co-operative society for making good the loss sustained by it in direct consequence of the commission or omission specified in this section or to restore such property as the Registrar may think fit and also to pay such sum as the Registrar may fix to meet the cost of any proceeding under this section.
(2) The provisions of this section shall apply notwithstanding that such officer is by reason of his act or omission punishable under any law for the time being in force.
130. Where it appears to the Registrar that any person has contravened the provisions of this Act or the rules or the by-laws—
(a) by sitting or voting as a director of the board of a cooperative society or voting in the affairs of a co-operative society as the representative of another co-operative society which is a member of such co-operative society or exercising the rights of a member of a co-operative society, when such person was not entitled to sit or vote or exercise such rights, as the case may be,
(b) by continuing as an officer of a co-operative society after incurring disqualification therefor, 60 of 1952.
382 The West Bengal Co-operative Societies Act, 1983.
XLV of 1983.]
(Chapter X1V.—Enforcement of obligations and recovery of sums due.—Section 131.)
(c) by utilising a loan for a purpose other than the purpose for which it was granted, or
(d) by not depositing with the financing bank any amount of loan recovered from any member of a co-operative society which the co-operative society or such member is bound to deposit with the financing bank by way of repayment under any agreement or under the rules,
(e) by resisting or preventing 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 or a Government officer deputed under sub-section (3) of section 30 from taking possession of any books, accounts, documents, securities, cash or other properties of a co-operative society,
(f) by not producing any books, accounts, documents, secuirities, cash or other properties summoned under sub-section (1) of section 125, the Registrar may, subject to the rules and after giving such person an opportunity of being heard, by order in writing direct such person to pay to the assets of the co-operative society by way of penalty such sum as the Registrar thinks fit for each such contravention.
131. Notwithstanding anything contained elsewhere in this Act, when a co-operative society fails to take any action required to be taken by it under this Act or the rules or its by-laws---
(a) within such period as may be specified in this Act or the rules or the by-laws, or
(b) where no such period is specified within such period as the Registrar may, having regard to the nature and extent of the action to be taken, specify by notice in writing, the Registrar may himself or by any person authorised by him in this behalf take such action at the expense of the co-operative society or may call upon any officer of the co-operative society, whom he considers in accordance with the prescribed principles to be responsible for carrying out his directions, and may, after giving such officer an opportunity of being heard, require him to pay to the assets of the co-operative society a sum not exceeding twenty-five rupees for each day until his directions are carried out.
Register's power to enforce performance of obligations.
383 The West Bengal Co-operative Societies Act, 1983.
[West Ben. Act Recovery of sums due.
Acts of cooperative society not to be invalidated by certain defects.
Indemnity and bar to jurisdiction of Courts.
(Chapter XIV.—Enforcement of obligations and recovery of sums due.—Sections 132, 133.—Chapter XV.—Jurisdiction, appeal and revision.—Section 134.)
132. Any sum payable to the State Government or to the co-operative society in accordance with any order, decision or award under this Act shall be recoverable in the manner provided in the Second Schedule to this Act or as the decree of a Court under the Code of Civil Procedure, 1908:
Provided that notwithstanding anything contained in the Code of Civil Procedure, 1908 or in any other law for the time being in force, any sum payable in accordance with an award made under section 128 shall be recoverable—
(a) if the salary or wages of the member of the co-operative society or of his surety exceeds one hundred and fifty rupees per mensem, by attachment of such salary or wages to the extent of the instalment in default or half the difference between such salary or wages and fifty rupees, whichever is less, or
(b) if the salary or wages of the member of the co-operative society or of his surety does not exceed one hundred and fifty rupees, by attachment of such salary or wages to the extent of the instalment in default or six paise in every rupee of such salary or wages, whichever is less.