Registered No. WB/SC-247 No. WB(Part-III)/2016/SAR-1 MN iScilitata 6aytte +144 ci \izi Extraordinary Published by Authority PAUSA 24] THURSDAY, JANUARY 14, 2016 [SAKA 1937
PART III—Acts of the West Bengal Legislature.
GOVERNMENT OF WEST BENGAL LAW DEPARTMENT Legislative NOTIFICATION No. 53-L.-14th January, 2016.—The following Act of the West Bengal Legislature, having been assented to by the President of India on the 3rd December, 2015, and is hereby published for general information:— West Bengal Act XXIX of 2015 THE WEST BENGAL PROTECTION OF INTEREST OF DEPOSITORS IN FINANCIAL ESTABLISHMENTS (AMENDMENT) ACT, 2015.
[Passed by the West Bengal Legislature.]
[Assent of the President of India was first published in the Kolkata Gazette, Extraordinary, of the 14th January, 2016.]
An Act to amend the West Bengal Protection of Interest of Depositors in Financial Establishments Act, 2013.
WHEREAS it is expedient to amend the West Bengal Protection of Interest of Depositors in Financial Establishments Act, 2013, for the purposes and in the manner hereinafter appearing;
It is hereby enacted in the Sixty-sixth Year of the Republic of India, by the Legislature of West Bengal, as follows:— West Ben. Act XXIX of 2013.
2 THE KOLKATA GAZE!. h, EXTRAORDINARY, JANUARY 14, 2016 [PART III Short title and commencement.
Amendment of section 3 of West Ben. Act XXIX of 2013.
Amendment of section 9.
Amendment of section 10.
Amendment of section 14.
Insertion of new section after section 21.
The West Bengal Protection of Interest of Depositors in Financial Establishments (Amendment) Act, 2015.
(Sections 1-6.)
1. (1) This Act may be called the West Bengal Protection of Interest of Depositors in Financial Establishments (Amendment) Act, 2015.
(2) It shall come into force on such date as the State Government may, by notification, appoint.
2. In sub-section (4) of section 3 of the West Bengal Protection of Interest of Depositors in Financial Establishments Act, 2013 (hereinafter referred to as the principal Act), for the words "with the previous sanction of the Competent Authority", the words "with the previous sanction of the Competent Authority within six months from the completion of the investigation" shall be substituted.
3. In sub-section (2) of section 9 of the principal Act, after clause (a), the following clause shall be inserted:— "(aa) to grant or withhold previous sanction for prosecution of an offence under section 3;".
4. In sub-section (2) of section 10 of the principal Act, for the words "the financial establishment,", the words "the financial establishment, and to the general public for information by way of publishing it in two daily newspapers having wide circulation, one in English language and another in vernacular language," shall be substituted.
5. In section 14 of the principal Act,—
(1) in sub-section (1), for the words "sold in public auction", the words "sold in public auction and such notice shall also be published in two daily newspapers having wide circulation, one in English language and another in vernacular language" shall be substituted;
'c'(2) in sub-section (9),—
(a) for the words "any money or the property attached", the words "any money or the property or assets attached" shall be substituted;
(b) for the words "or direction on such application", the words "or direction on such application, so as to give effect to the provisions of such enactment" shall be substituted.
6. After section 21 of the principal Act, the following section shall be inserted:— "Section 438 of
21A. Nothing contained in section 438 of the Code of Criminal 2 of 1974.
the Code of Criminal Procedure, 1973, shall apply in relation to any case involving the arrest of any person on an accusation of having committed an offence Procedure, 1973, not to apply to under the Act.". persons committing an offence under the Act.
PART III] THE KOLKATA GAZEFIE, EXTRAORDINARY, JANUARY 14, 2016 3 The West Bengal Protection of Interest of Depositors in Financial Establishments (Amendment) Act, 2015.
Amendment of section 22.
(Section 7.)
7. In section 22 of the principal Act,—
(1) in sub-section (1), for the words "notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any custom or usage or any instrument having effect by virtue of any such law", the words '"in addition to, and not in derogation of any other law for the time being in force" shall be substituted;
(2) in sub-section (2), for the words "notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any custom or usage or any instrument having effect by virtue of any such law", the words "in addition to, and not in derogation of any other law for the time being in force" shall be substituted.
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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