(1) A copy of any entry in a book of a co-operative society regularly kept in the course of its business and in the prescribed manner shall, if certified in the prescribed manner, be accepted in any suit or legal proceeding as a prima facie evidence of the existence of such entry in such book and shall be admitted as evidence of the matters, transaction and accounts therein recorded in every case where, and to the same extent as, the original entry is admissible.
(2) No officer or liquidator of a co-operative society or no other officer in whose custody the books and other records of a co-operative society have been kept after the co-operative society has been wound up shall, in any legal proceeding to which the co-operative society or the liquidator thereof is not a party, be compelled to produce any such books or other records the contents of which can be proved under subsection (1) or to appear as a witness to prove the matters, transactions or accounts therein recorded unless he is specifically so directed by order of the Court or the Registrar or an Arbitrator.
142. Any officer or employee or member of a co-operative society who—
(a) sanctions or receives, as the case may be, any benami loan, Or 388 The West Bengal Co-operative Societies Act, 1983.
XLV of 1983.]
(Chapter XVII.—Miscellaneous.—Sections 143-145.)
(b) accepts or obtains or induces to accept or attempts to obtain from any person for himself or for any other person any gratification as a motive or reward as is mentioned in section 45 of 1860. 161 of the Indian Penal Code, or
(c) signs the minutes of any meeting of the co-operitive society without attending such meeting, or
(d) dishonestly or fraudulently misappropriates or otherwise converts for his own use any property of the co-operative society entrusted to him or under his control or allows any other person so to do, shall be guilty of corrupt practices and shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to two years and shall also be liable to fine:
Provided that the Court may, for any special reason to be recorded in writing, impose a sentence of imprisonment of less than one year.
CHAPTER XVII Miscellaneous
143. This Act shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force or in any contract express or implied or in any instrument having effect by virtue of any enactment.
Overriding effect of the Act.
144. Such co-operative societies as may be prescribed shall get themselves insured within such time and in such manner as may be prescribed.
145. Notwithstanding anything contained elsewhere in this Act, the Registrar shall not take any action under this Act in respect of an insured co-operative bank without obtaining previous sanction of the Reserve Bank of India and without compliance with the requirements of the 47 of 1961. Deposit Insurance Corporation Act, 1961.
Insurance of co-operative society.
Insured cooperative bank.
389 The West Bengal Co-operative Societies Act, 1983.
[West Ben. Act Power to add to the Fifth Schedule.
Power to make rules.
(Chapter XVIL—Miscellaneous.—Sections 146, 147.)
Explanation.—"Insured co-operative bank" shall mean a co-operative bank which is an insured bank within the meaning of clause (1) of section 2 of the Deposit Insurance Corporation Act, 1961.
146. The State Government may, with the approval of the Central Government, by notification, add to the Fifth Schedule any other cooperative society and thereupon the Schedule shall be deemed to be amended accordingly.