Section 20 in The West Bengal Co-Operative Societies Act, 1983
20. Powers of Registrar [to order division, reorganisation or amalgamation] [Words substituted by West Bengal Act 21 of 1990.] of co-operative societies. -
(1)If the Registrar is satisfied after due consultation with the respective apex society in the manner prescribed that it is essential in the public interest or in the interest of cooperative movement or for the purpose of securing the proper management of any co-operative society that [any co-operative society or co-operative societies should be divided, reorganised or amalgamated,] [Words substituted by West Bengal Act 21 of 1990.] then notwithstanding anything contained in section 19, the Registrar may by a notice [direct the said co-operative society or co-operative societies,] [Words substituted by West Bengal Act 21 of 1990.] stating reasons therefor,[to cause such division, reorganisation or amalgamation,] [Words substituted by West Bengal Act 21 of 1990.] as the case may be, with such constitution, property, rights, interest, authority, liabilities, duties, and obligations as may be specified in the notice within three months of the date of the notice. If the direction is not acted upon or complied with within the said period, the Registrar [shall cause, in the manner prescribed, division, reorganisation or amalgamation, as the case may be, of the concerned co-operative society or co-operative societies] [Words substituted by West Bengal Act 21 of 1990.] by an order in writing and communicate the order to all concerned and shall issue registration certificate or certificates under section 16 in respect of the co-operative society or societies [formed by division, reorganisation or amalgamation,] [Words substituted by West Bengal Act 21 of 1990.] as the case may be, and the by-laws thereof framed by him:Provided that notwithstanding anything to the contrary contained in any other law in force for the time being,[no order for division, reorganisation or amalgamation of any State co-operative bank, Central cooperative bank or primary co-operative bank shall be made without prior consultation with the National Bank for Agriculture and Rural Development or the Reserve Bank of India, as the case may be:] [Words substituted by West Bengal Act 21 of 1990.]Provided further that the Registrar shall not order amalgamation of a co-operative society which has a total accumulated loss exceeding its assets with any other co-operative society earning profit.(2)No order shall be made under sub-section (1) unless-(a)a draft of the order has been sent to each of the co-operative societies in the prescribed manner inviting suggestions or objections, if any, within such period, not being less than three months, as the Registrar may fix in this behalf; and(b)the Registrar has considered the suggestions or objections, if any, received from the co-operative societies or from any member, class of members, creditors or class of creditors thereof, and made such modification in the draft as he may deem fit.(3)An order made under sub-section (1) may contain such incidental, consequential or supplemental provisions as may, in the opinion of the Registrar, be necessary for the purpose of the [division, reorganisation or amalgamation,] [Words substituted by West Bengal Act 21 of 1990.] as the case may be.(4)Every member or creditor of any of the co-operative societies to be [divided, reorganised or amalgamated,] [Words substituted by West Bengal Act 21 of 1990.] who has filed objections under clause (a) of sub-section (2), shall be entitled to receive after the order has been made under sub-section (1) his share or deposit, if he is a member, or the amount in satisfaction of his claim, if he is a creditor:[Provided that no member, who is a debtor of co-operative society or is a surety for any other member in respect of any loan granted by a co-operative society, shall exercise option to withdraw his share or deposit until the debt or the loan, in respect of which he is the debtor or surety, as the case may be, is repaid in full with interest accrued thereon.] [Proviso inserted by West Bengal Act 21 of 1990.](5)An order made under sub-section (1) shall take effect,-(a)when no appeal from such order is preferred under section 136, on the expiry of the time allowed for preferring an appeal, or(b)where an appeal from such order is preferred under section 136, upon rejection of the appeal by the appellate authority.(6)Notwithstanding anything to the contrary contained in any other law for the time being in force, an order made under sub-section (1)[for division, reorganisation or amalgamation] [Words substituted by West Bengal Act 21 of 1990.] shall, upon taking effect under sub-section (5), be a sufficient conveyance to vest the assets and liabilities as per schedule of assets and liabilities specified in the order and the cooperative societies which are [divided, reorganised or amalgamated,] [Words substituted by West Bengal Act 21 of 1990.-] shall be deemed to have been dissolved and shall cease to exist.
