Registered No. WB/SC-247 No. WB(Part-III)/2015/SAR-25 altitt +cA4=1 vIQ Extraordinary Published by Authority ASADHA 19] FRIDAY, JULY 10, 2015 [SAKA 1937
PART III—Acts of the West Bengal Legislature.
GOVERNMENT OF WEST BENGAL LAW DEPARTMENT Legislative NOTIFICATION No. 906-L.-10th July, 2015.—The following Act of the West Bengal Legislature, having been assented to by the Governor, is hereby published for general information:— West Bengal Act XIII of 2015 THE WEST BENGAL CO-OPERATIVE SOCIETIES (AMENDMENT) ACT, 2015.
[Passed by the West Bengal Legislature.]
[Assent of the Governor was first published in the Kolkata Gazette, Extraordinary, of the 10th July, 2015.]
An Act to amend the West Bengal Co-operative Societies Act, 2006.
WHEREAS it is expedient to amend the West Bengal Co-operative Societies xLwestp ooe2n. Act Act, 2006, for the purposes and in the manner hereinafter appearing;
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It is hereby enacted in the Sixty-sixth Year of the Republic of India, by the Legislature of West Bengal, as follows:— Short title and Commencement. 1. (1) This Act may be called the West Bengal Co-operative Societies (Amendment) Act, 2015.
2 THE KOLKATA GAZET I E„ EXTRAORDINARY, JULY 10, 2015 [PART III The West Bengal Co-operative Societies (Amendment) Act, 2015.
(Sections 2-6.)
Amendment of section 16 of West Ben. Act XL of 2006.
Amendment of section 19.
Amendment of section 32.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. To the first proviso of sub-section (3) of section 16 of the West Bengal Co-operative Societies Act, 2006 (hereinafter referred to as the principal Act), the following proviso shall be added:— "Provided further that in the case of a federal Co-operative society comprising Co-operative societies exclusively formed by self-help group members, the number of applicants shall not be less than three.".
3. After sub-section (4) of section 19 of the principal Act, the following subsection shall be inserted:— "(5) If, on his own motion or on the application of the financing bank concerned, it appears to the Registrar that any amendment of by-laws is necessary or desirable in the interest of such Co-operative society, the Registrar or any person authorised by him in this behalf, may, by order, direct the Co-operative society to call a special general meeting in the prescribed manner to make such amendment of by-laws and apply for registration thereof within such time as he may specify in the order and if the Co-operative society fails to make the amendment of by-laws and apply for registration thereof within the time specified in the order, the Registrar shall call a special general meeting at the cost of the Co-operative society for consideration of his proposal for amedment of by-laws.".
4. Section 30 of the principal Act shall be omitted.
5. In section 31 of the principal Act,—
(1) for sub-section (3), the following sub-section shall be substituted:— "(3) When a resolution in a Special General Meeting is passed for dissolution of the board and its constitution, the Registrar shall recommend to the State Government for appointment of an administrator in the manner laid down in section 35 and simultaneously refer the matter to the Co-operative Election Commission for reconstitution of management and the Election Commission shall hold election of directors of the new board within two months from the date of receipt of the reference.";
(2) for sub-section (5), the following sub-section shall be substituted:— "(5) The board against which no confidence has been passed shall stand dissolved immediately after adoption of such resolution and the administrator appointed under section 35, shall manage the affairs of the Co-opeartive society until a new board elected under sub-section (3) assumes charge:
Provided that the administrator shall arrange for reconstitution of management within six months.".
6. In sub-section (1) of section 32 of the principal Act,— ( 1) to clause (b), the following proviso shall be added:— "Provided that no person shall be nominated by the State Government to the board of a Co-operative society comprising self-help group members.";
Omission of section 30.
Amendment of section 31.
PART THE KOLKATA GAZETTE, EXTRAORDINARY, JULY 10, 2015 3 The West Bengal Co-operative Societies (Amendment) Act, 2015.
(Sections 7-11.)
(2) to clause (d), the following proviso shall be added:— "Provided that there shall be no requirement to elect an employee from amongst themselves as the director of a Co-operative society comprising self-help group members.";
(3) to clause (e), the following proviso shall be added:— "Provided that no director shall be nominated by a Grain Panchayat or Panchayat Samiti or Zilla Parishad in a Co-operative society comprising self-help group members.".
Amendment of section 43.
Amendment of section 79.
Amendment of section 94.
7. In section 43 of the principal Act,—
(1) for sub-section (1), for the words "with the prior approval by general body", the words "in the manner as may be prescribed" shall be substituted;
(2) after sub-section (2), the following sub-section shall be inserted:— "(3) The qualifications and conditions of service of the officers and other employees of the Co-operative societies shall be such as may be prescribed.".
8. For clause (f) of section 79 of the principal Act, the following clause shall be substituted:— "(t) in any scheduled bank regulated by the Reserve Bank of India with the approval of the Registrar:
Provided that a Co-operative society comprising self-help group members may invest its funds in a nationalised bank or scheduled commercial bank or regional rural bank or Co-operative banks for which no approval will be necessary:
Provided further that in the case of a Co-operative bank, such investment shall be made in accordance with the directives issued by the Reserve Bank of India from time to time.".
9. In section 94 of the principal Act,—
(1) after sub-section (5), the following sub-section shall be inserted:— "(5A) Appointment to the posts of Group D in the Co-operative societies shall be made in the manner as may be prescribed.";
(2) after sub-section (8), the following sub-section shall be inserted:— `(9) The Commission shall prepare its Annual Statement of Accounts for a particular financial year commencing from the 1st day of April of any year to the 31st day of March of the subsequent year, in the prescribed manner and submit the same to the State Government within six months from the end of each financial year.".
10. In section 96 of the principal Act, sub-section (9) shall be omitted.
11. In section 97 of the principal Act,— in sub-section (1), for clause (d), the following clause shall be substituted:— "(d) The audit report of the accounts of all apex and federal Cooperative societies shall be laid by the State Government before the State Legislature in such manner as may be prescribed.";
(2) in clause (b) of sub-section (2), for the words "within nine months", the words "within six months" shall be substituted;
Amendment of section 96.
Amendment of section 97.
(1) 4 THE KOLKATA GAZET 1E, EXTRAORDINARY, JULY 10, 2015 [PART III Amendment of section 98.
Amendment of section 134C.
The West Bengal Co-operative Societies (Amendment) Act, 2015.
(Sections 12, 13.)
(3) in sub-section (6), for Explanation IV, the following Explanation shall be substituted:— `Explanation IV.—"re-audit" of accounts of the Co-operative society shall mean fresh audit of accounts of the Co-operative society by a senior auditor appointed by the Director of Co-operative Audit. The order for re-audit shall be issued by the Director of Co-operative Audit when a major discrepancy in the audited accounts of the Co-operative society in particular Co-operative year is noticed by him or when such re-audit is demanded by the Co-operative society on the basis of a resolution passed in its general meeting. If it appears to the State Government that it is necessary or expedient to re-audit the accounts of a Co-operative society, the State Government may, by order, provide for re-audit of accounts at the expense of a Co-operative society. The provisions of the Act and rules framed thereunder as applicable to annual audit shall also apply to such re-audit.'.
12. For sub-section (1) of section 98 of the principal Act, the following sub-section shall be substituted:— "(1) The audit officer shall conduct and complete annual audit of accounts as provided for in this Act or the rules and submit his report to the Director of Cooperative Audit, the Registrar of Co-operative Societies, the Co-operative Society and to the financing bank or credit agency together with audited statement of accounts within the period specified in sub-section (2) of section 97. The audit report shall be prepared and submitted in such manner and with such information as may be prescribed.".
13. In sub-section (2) of section 134C of the principal Act,—
(1) for clause (d), the following clause shall be substituted:— "(d) posting and compensation to staff;";
(2) for clause (e), the following clause shall be substituted:— "(e) internal control system.".
By order of the Governor, MADHUMATI MITRA, Secy. to the Govt. of West Bengal, Law Department.
Published by Law Department, Government of West Bengal and Printed at Saraswaty Press Ltd.(Government of West Bengal Enterprise), Kolkata 700 056.
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