(1) The West Bengal Co-operative Societies Act, 1973, is hereby repealed.
West Ben.
Act XXXVIII of
1973.
314 The West Bengal Co-operative Societies Act, 1983.
XLV of 1983.]
2 of 1912.
Ben. Act XXI of
1940.
West Ben.
Act XXXVIII of
1973.
(Chapter 1.—Preliminary.—Sections 4-6.)
(2) Notwithstanding such repeal, anything done or suffered or any action taken (including any rule made, any transaction entered into, any notification or notice issued with prospective or retrospective effect, any order passed, any appointment or registration made, any suit or proceeding commenced, any dispute decided or referred to arbitration, any right or title accrued, or any liability or obligation or penalty incurred) under the Co-operative Societies Act, 1912 or the Bengal Co-operative Societies Act, 1940 or the West Bengal Co-operative Societies Act, 1973 shall be deemed to have been done or suffered 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 co-operative society existing at the commencement of this Act which has been registered or deemed to have been registered under the Co-operative Societies Act, 1912 or the Bengal Co-operative Societies Act, 1940 or the West Bengal Co-operative Societies Act, 1973 shall be deemed to have been registered under this Act, and its by-laws shall, in so far as they are not inconsistent with the provisions of this Act, continue in force until altered or rescinded and shall to such extent be deemed to be registered under this Act.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 or to the West Bengal Cooperative Societies Act, 1973 occurrilg 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 proceeding commenced in pursuance of any such enactment on or after the commencement of this Act shall be deemed to have been done or commenced and to have had effect as if any reference in such enactment to the Co-operative Societies Act, 1912 or to the Bengal Co-operative Societies Act, 1940 or to the West Bengal Co-operative Societies Act, 1973 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.
Construction of references to Act 2 of 1912, Ben.
Act XXI of 1940 and West Ben.
Act XXXVIII of
1973.
1 of 1956. 5. The provisions of the Companies Act, 1956 shall not apply to The Co-operative Societies. Companies Act, 1956 not to apply.
6. No person other than a Co-operative Society shall trade or carry Prohibition on business under any name or title of which the word "Co-operative" of the use of or its equivalent in any language is a part: the word
Provided that nothing in this section shall apply to the use by any operative".
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.
315 The West Bengal Co-operative Societies Act, 1983.
[West Ben. Act (Chapter I.—Preliminary.—Sections 7, 8.—Chapter IL— Registration.—Sections 9-11.)
Exemption of cooperative societies from the provisions of the Act.
Officers of co-operative societies to be public servants.
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 co-operative societies from the application of any of the provisions of this Act or the rules, or
(b) direct that any of the provisions of this Act or the rules shall apply to any co-operative society or class of co-operative societies to such extent as may be specified in the notification:
Provided that no notification to the prejudice of any cooperative society or class of co-operative societies shall be issued without an opportunity being given to it to represent its case.
8. Every officer of a co-operative society shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code. 45 of 1860.
CHAPTER II Regieration
9. The State Government may appoint a person to be the Registrar of Co-operative Societies for West Bengal and such number of other persons to assist him as it may deem fit.
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, of the Registrar under this Act, other than those specified in the First Schedule, on any person appointed under section 9 to assist the Registrar.