(1) The State Government may, after previous publication in the Official Gazette, make rules for carrying out the purposes of this Act for the whole or any part of West Bengal or for any co-operative society or class of co-operative societies:
Provided that any such rules may be made without previous publication if the State Government is of opinion that in the public interest such rules should be brought into force at once.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the matters which may be, or are required to be, prescribed or made by rules.
(3) Any rule made under this Act may provide that any person committing a breach thereof shall on conviction by a Court be punishable with fine which may extend to five hundred rupees and, when the breach is a continuing one, with a further fine which may extend to ten rupees per day for so long as the breach continues after such conviction.
(4) All rules made under this Act shall be laid before the State Legislature for not less than fourteen days as soon as they are made and shall be subject to such modification, if any, whether by way of repeal or amendment, as the State Legislature may make during the session in which they are laid or the session immediately following.
(5) Any modification in the rules made by the State Legislature under sub-section (4) shall be published by the State Government by notification and shall, unless some latter date is specified in the notification, come into force on the date of the notification.
47 of 1961.
390 The West Bengal Co-operative Societies Act, 1983.
XLV of 1983.]
(First and Second Schedules.)
FIRST SCHEDULE Power exclusively exercisable by the Registrar (See section 10.)
Serial Section No.
1 2
1. Sub-section (1) of section 47
2. Sub-section (1) of section 129
3. Sub-section (3) of section 139 Power 3 To sanction granting of loan by a co-opeative society to another co-operative society which is not its member.
To require any officer (including a former officer) to pay to the assets of the co-operative society for making good the loss sustained by it in direct consequences of the commission or omission specified, or to restore any property misappropriated or fraudulently retained and to pay the cost of any proceeding under this section.
To impose penalties for certain contravention of the provisions of this Act or the rules or the by-laws.
To give leave and impose conditions for proceeding with or instituting any suit or other legal proceeding against a liquidator or a co-operative society or a member thereof.
To sanction the institution of any prosecution under this Act.
4. Section 130
5. Sub-section (3) of section 134 SECOND SCHEDULE Recovery of sums due (See section 132.)
Serial No. Nature of sums due Method of recovery 1 2 3
1. Audit fee payable under sub-section (1), By the Certificate Officer as a public demand and the expenses for completing the upon requisition by the Registrar or with his accounts payable under sub-section (5) of approval by the audit officer.
section 90.
2. Cost of inspection or inquiry apportioned By the Collector as a public demand upon under section 94. requisition by the Registrar.
391 The West Bengal Co-operative Societies Act, 1983.
[West Ben. Act (Second Schedule.)
Serial No. Nature of sums due 1 2
3. Sums payable by an order under section
94.
4. Sums payable by an award under section
96.
5. Sums assessed by a liquidator as contributions under section 99.
6. Dues payable by a member or his surety or successor of a deceased member under section 128.
7. Sums payable by an officer (including a former officer) of co-operative society under section 129.
8. Sums payable under section 130 by a person for certain contravention of the provisions of this Act or the rules or the by-laws.
9. Expenses incurred and the sum payable under section 131.
Method of recovery 3 By the Certificate Officer as a public demand upon requisition by the co-operative society or the Registrar or by any Civil C5urt having jurisdiction, in the same manner as a decree of such court upon application by the co-operative society.
Ditto.
By the Certificate Officer as a public demand upon requisition by the liquidator.
By the Certificate Officer as a public demand upon requisition by the Registrar or by any person authorised by him or by the co-operative society.
By the Certificate Officer as a public demand upon requisition by the Registrar.
Ditto.
Ditto.
10. Sums due under any rule made under this In the prescribed manner.
Act.
392 The West Bengal Co-operative Societies Act, 1983.
XLV of 1983.]
(Third Schedule.)
THIRD SCHEDULE Appeals (See section 136.)
Serial Appeal lies against By whom appeal Authority to Period of limitation No. may be preferred whom appeal shall lie 1 2 3 4 5
1. A final order of division Any member of To the Co-opera- Two months from the or transfer of assets and the co-operative tive Tribunal date on which the order liabilities of a co-operative society. having jurisdic- is communicated.
society under section 19. tion.
2. A final order of amalga- Ditto. Ditto. Ditto.
mation or reorganisation of co-operative societies under section 20.
3. An order for dissolution Any director of Ditto. Ditto.
of a board of directors or the board.
disqualification of directors thereof under section 29.
4. An order dissolving a Ditto. Ditto. Ditto.
board and appointing administrator under section 30.
5. An entry in or omission Any person To the Collector. One month from the date from the statement prepared aggrieved. of publication of the for levy of water rate or statement.
embankment protection rate under section 56.
6. Assessment of water rate Ditto. To the Registrar. One month from the date or embankment protection of assessment.
rate under section 56.
393 The West Bengal Co-operative Societies Act, 1983.
[West Ben. Act Period of limitation 5 Such period as may be prescribed.
One month from the date on which the order is communicated.
Within 90 days from the date of order or from the date on which the appellant gets knowledge of the order whichever is earlier.
Within 90 days (1) from the date on which the decision or order is communicated to the applicant or, (2) if the decision or order is not so communicated, from the date on which the applicant gets knowledge of the decision or order, or (3) from the date on which the period of one month under section 89 expires if no decision is taken or any order is passed on the application.
One month from the date on which the order, decision or award is communicated.
(Third Schedule.)
Serial Appeal lies against By whom appeal Authority to No. may be preferred whom appeal shall lie 2 3 4
7. Any refusal by a co- Any applicant To the Registrar operative society to admit aggrieved.
an applicant as member under sub-section (4) of section 70.
8. An order for apportion- Any person To the State ment of cost under section aggrieved. Government.
94.
9. An order of the Registrar The appellant. To the Co-operain an appeal under sub- tive Tribunal.
section (9) of section 85.
10. A decision or order of a Any applicant To the Tribunal.
co-operative society on an aggrieved.
application under section
89.
11. An order, decision or Any person To the Co-operaaward under section 96. aggrieved. tive Tribunal having jurisdiction.
394 The West Bengal Co-operative Societies Act, 1983.
XLV of 1983.]
(Third Schedule.)
Serial Appeal lies against No.
1 2
12. An award under section
98.
By whom appeal may be preferred 3 Any person aggrieved.
Authority to whom appeal shall lie 4 To the Co-operative Tribunal having jurisdiction.
Period of limitation 5 One month from the date on which the award is communicated.
13. An order for winding up of a co-operative society under section 99.
14. An order, decision or award of a liquidator under section 101.
Any member of Ditto.
the co-operative society.
By the person To the Registrar.
aggrieved.
Two months from the date on which the order is communicated.
Two months from the date on which the order, decision or award is communicated.
15. An order under section Any person agg- To the Co-opera- Two months from the 129 for payment of com- rieved. tive Tribunal date on which the order pensation or restoration of having jurisdic- is communicated.
property. tion.
16. An order under section Ditto. Ditto. Ditto.
130 for payment by way of penalty.
17. An order under section Ditto. Ditto. Ditto.
131 for payment of fine.
18. Any other order or Any person To the prescribed Such period as may be decision declared by rules declared by rules authority. prescribed.
as appealable. to be competent.
395 The West Bengal Co-operative Societies Act, 1983.
[West Ben. Act Serial Offence No.
1 2
1. Unauthorised use of the word "co-operative" or its equivalent in contravention of section 6.
2. Wilfully making false return or furnishing false information required to be made or furnished under this Act or the rules.
3. Transfer of any property without previous permission of a cooperative society on which it holds a first charge under section
51.
(Fourth Schedule.)
FOURTH SCHEDULE Offences and penalties (See section 138.)
Person liable 3 Any company, cooperative society or person.
Any person making such return or furnishing such information.
Person by whom or on whose behalf the property is transferred.
Penalty 4 Fine which may extend to fifty rupees and in the case of a continuing offence a further fine of five rupees for each day for so long as it continues after conviction.
Imprisonment for a term which may extend to six months or fine which may extend to five hundred rupees or both.
Fine which may extend to the value of the property or five hundred rupees which is more.
4. Transfer of any property on which a charge has been created under clause (a) of section 52 in contravention of clause (c) of that section.
5. Failure to make deduction and payment under section 58 in satisfaction of debt due to a cooperative society from a member.
Ditto.
The employer of the member.
Ditto.
Imprisonment for a term which may extend to six months or fine which may extend to one thousand rupees or both and in the case of a continuing offence a further fine which may extend to one hundred rupees for each day for so long as it continues after conviction.
396 The West Bengal Co-operative Societies Act, 1983.
XLV of 1983.]
Serial Offence No.
1 2
6. Wilful neglect or refusal to comply with any lawful order or direction given by the Registrar or the State Government under this Act.
7. Wilful neglect or refusal to do any act, make any return or furnish any information required to be done, made or furnished under this Act or the rules.
Penalty 4 Imprisonment for a term which may extend to six months or fine which may extend to five hundred rupees or both.
(Fifth Schedule.)
Person liable 3 Any person so neglecting or refusing.
Any person so Imprisonment for a term which neglecting or refusing. may extend to three months or fine which may extend to five hundred rupees or both and in the case of a continuing offence a further fine of fifty rupees for each day for so long as it continues after conviction.
8. Any act or omission declared The person committing Such penalty as may be provided by the rules to be an offence. the act or omission. in the rules.
FIFTH SCHEDULE Co-operative Societies.
[See section 31(a).]
Serial No. Name of co-operative society 1
1. Apex Society.
2. Central Co-operative Bank.
3. Central Co-operative Land Development Bank.
4. Central Society.
5. Co-operative Land Development Bank.
6. Primary Co-operative Bank.
7. State Co-operative Bank.
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