GOVERNMENT OF WEST BENGAL LEGISLATIVE DEPARTMENT West Bengal Act XXII of 1981 THE WEST BENGAL CO-OPERATIVE SOCIETIES (AMENDMENT) ACT, 1981.
[Passed by the West Bengal Legislature.]
[Assent of the President was first published in the Calcutta Gazette, Extraordinary, of the 7th August, 1981.]
[7th August, 1981.]
An Act to amend the West Bengal Co-operative Societies Act, 1973.
West Ben.
Act XXXVIII of
1973.
WHEREAS it is expedient to amend the West Bengal Co-operative Societies Act, 1973, for the purpose and in the manner hereinafter appearing:
It is hereby enacted in the Thirty-second Year of the Republic of India, by the Legislature of West Bengal, as follows:-
1. This Act may be called the West Bengal Co-operative Societies Short title.
(Amendment) Act, 1981.
2. After section 81 of the West Bengal Co-operative Societies Act, 1973, the following section shall be inserted:— "Constitution of a 81A. (1) Notwithstanding anything contained cadre of managers of in section 81, the State Government may, by notification primary agricultural co-operative credit in the Official Gazette, constitute a cadre consisting of societies and a managers of all primary agricultural co-operative credit Cadre-Authority.
societies, including those ceded to commercial banks, operating within the territorial jurisdiction of each central co-operative bank or unit of the West Bengal State Co-operative Bank (hereinafter referred to as the cadre).
(2) With effect from the date of such notification, all managers who possess such qualifications and experience as may be fixed by the State Government shall stand included in the cadre.
(3) For management of the cadre, the State Government may, by notification in the Official Gazette, constitute a Cadre-Authority at the level of the central co-operative bank or unit of the West Bengal State Co-operative Bank.
Insertion of new section 8IA in West Ben. Act XXXVIII of
1973.
151 The West Bengal Co-operative Societies (Amendment) Act, 1981.
[West Ben. Act (Section 2.)
(4) (a) The Cadre-Authority shall be composed of nine members including the Chairman of the concerned bank who shall be the ex officio Chairman of the Cadre-Authority. Out of the remaining eight members, one-fourth shall be nominated by the Registrar and three-fourths shall be elected by the primary agricultural co-operative credit societies, including those ceded to commercial banks, operating within the territorial jurisdiction of the respective central co-operative bank or unit of the West Bengal State Co-operative Bank:
Provided that in the case of dissolution of the managing committee of the concerned bank, the administrator appointed under sub-section (1) of section 26 (or, if there are more than one such administrator, such of the administrators as the Registrar or the State Government, as the case may be, may select) or the special officer appointed under clause (c) of section 26A, as the case may be, shall be the ex officio Chairman of the Cadre- Authority:
Provided further that if by reason of any order of a court or for any other reason the Chairman of the concerned bank is temporarily unable to exercise any of the powers conferred by or under this Act or the rules made thereunder, the members of the Cadre-Authority shall elect one (other than the Chairman of the concerned bank) from amongst themselves to act as the Chairman of the Cadre-Authority during the period of such temporary inability.
(b) The Executive Officer of the concerned bank or, in his absence, the Manager of the concerned bank shall be the Secretary of the Cadre- Authority.
(5) The Cadre-Authority shall hold office for five years at the expiration of which it shall be reconstituted in such manner as may be notified by the State Government.
(6) Notwithstanding anything contained in sub-sections (4) and (5), the members of the first Cadre-Authority shall be nominated by the Registrar for a term not exceeding three years within which period the Cadre-Authority shall be reconstituted in terms of sub-section (4).
(7) The following shall be the powers and functions of the Cadre- Authority :—
(i) it shall be the appointing and disciplinary authority of all members of the cadre and shall have full powers to transfer the members of the cadre from one co-operative society to another within its jurisdiction;
152 The West Bengal Co-operative Societies (Amendment) Act, 1981.
XXII of 1981.1 (Section 2.)
(ii) it shall have the power and: responsibility to recruit the members of the cadre in such manner as may be notified by the State Government from time to time and to arrange for their training;
(iii) it shall deal with all matters appertaining to the service of its members and maintain proper records therefor. It may determine the conditiOns of service of its members with the prior approval of the Registrar;
(iv) it shall have the power and responsibility to control and supervise the functions of the members of the cadre;
(v) it shall have the power to determine the procedure for the conduct of its business;
(vi) it shall have the power to delegate such of its powers and functions to one or more of its members as it may consider necessary. •
(8). The Registrar shall have the power to determine the scales of pay and other allowances for the members of the cadre under different Cadre-Authorities and to revise it from time to time and the scaleS of pay and other allowances so determined or, as the case may bei revised, shall be binding upon the Cadre-Authorities.
. (9) (i) There shall be a fund at the disposal of the Cadre-Authority and, for this purpose, it shall open a bank account.
(ii) The bank account shall be operated jointly by the Chairman and the Secretary of the CadreLAuthority.
(iii) The fund shall be created out of, and augmented from time to time by, the contributions from the co-operative institutions, State and Central Governments and such other agencies as may be notified by the State Government from time to time and also receipts from other sources.
(iv) The Cadre-Authority shall utilise the fund • for any purpose consistent with the responsibility including the following:—
(a) payment of salary, emoluments and other allowances to the members of The cadre,
(b) meeting its establishments cost including payment of pay and allowances to its own staff.
(10) The office of the Cadre-Authority shall be situated in the premises , of the office of the respective central co-operative bank or unit of the West Bengal State Co-operative Bank or as nearby as possible.
153 The West Bengal Co-operative Societies (Amendment) Act, 1981.
[West Ben. Act XXII of 1981.]
(Section 2.)
(11) Notwithstanding anything contained in this Act and the rules made thereunder, the State Government shall have the power to issue directives from time to time to the Cadre-Authority to ensure proper functioning of the Cadre-Authority in the interest of co-operative movement in the State and such directives shall be binding upon the Cadre-Authority.
(12) Except as otherwise provided in this section, the members of the cadre shall be subject to the provisions of section 23.".
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