GOVERNMENT OF WEST BENGAL LEGISLATIVE DEPARTMENT West Bengal Act LVI of 1978 THE WEST BENGAL CO-OPERATIVE SOCIETIES (SECOND AMENDMENT) ACT, 1978. [Passed by the West Bengal Legislature.] West Ben. Act XXX VIII of
1973. [Assent of the President was first published in the Calcutta Gazette, Extraordinary, of the 3rd February, 1979.] [3rd February, 1979.] An Act to amend the West Bengal Co-operative Societies Act, 1973. WHEREAS it is expedient to amend the West Bengal Co-operative Societies Act, 1973, for the purposes and in the manner hereinafter appearing; It is hereby enacted in the Twenty-ninth 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 (Second Amendment) Act, 1978.
2. After section 26 of the West Bengal Co-operative Societies Act, 1973 (hereinafter referred to as the said Act), the following sections shall be inserted:— "Dissolution of 26A. Notwithstanding anything to the managing committee contrary contained in this Act or in any in certain cases and other law for the time being in force— appointment of special officer.
(a) the managing committee of any of the co-operative societies mentioned in the Fifth Schedule shall, if the election of members of the managing committee of such society has not been held within a period of fifteen months after the date of the last preceding meeting held under sub-section (1) of section 21, stand dissolved with effect from the date immediately following the day on which the said period of fifteen months expires;
(b) with effect from the date of dissolution of the managing committee of a co-operative society under clause (a), the members of the managing committee of the said co- Short title. Insertion of new sections 26A and 263 in West Ben. Act XXXVIII of 1973. 237 The West Bengal Co-operative Societies (Second Amendment) Act, 1978. [West Ben. Act (Section 2.) operative society shall be deemed to have vacated their offices;
(c) upon such dissolution of the managing committee the Registrar shall, by notification in the Official Gazette, appoint a special officer for managing the affairs of the co-operative society and for making arrangement for the reconstitution of a new managing committee of the cooperative society in accordance with the provisions of this Act and the rules made thereunder and the by-laws of the society within a periof not exceeding one year from the date of such dissolution:
Provided that till such special officer is appointed under this clause, the highest executive of the society, by whatever designation he may be called, shall manage the affairs of such society.
Explanation.—In case of any dispute as to who is the highest executive of the society, the Registrar's decision thereon shall be final;
(d) with effect from the date of dissolution of the managing committee of a co-operative society under clause (a)—
(i) all properties of the co-operative society shall vest in the Registrar; and
(ii) subject to the control and direction of the Registrar, the highest executive of the society or the special officer, as the case may be, shall exercise all the powers and perform all the duties which may, under this Act, the rules and the by-laws, be exercised or performed by the managing committee or any officer of the society;
(e) where a special officer has been appointed under clause
(c), the Registrar may, by order, fix the remuneration of the special officer, and the remuneration so fixed shall be paid out of the funds of the co-operative society whose affairs are managed by such special officer; 238 The West Bengal Co-operative Societies (Second Amendment) Act, 1978. LVI of 1978.] (Sections 3,4.)
(f) the special officer appointed under clause (c) shall hold office until the managing committee is reconstituted. Power to add to the Fifth 26B. The State Government Schedule. may, with the previous approval of the Central Government, by notification in the Official Gazette, add to the Fifth Schedule any other co-operative society and thereupon the Schedule shall be deemed to be amended accordingly.".
3. In sub-section (1) of section 123 of the said Act, after the word and figure "section 26", the words, figure and letter "or section 26A" shall be inserted.
4. After the Fourth Schedule to the said Act, the following Schedule shall be added:— "FIFTH SCHEDULE. Co-operative Societies. (See section 26A.)
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.". Amendment of section 123. Addition of new Schedule. 239 Page 1 Page 2 Page 3