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[Cites 0, Cited by 0] [Section 147] [Entire Act]

State of West Bengal - Subsection

Section 147(5) in The West Bengal Co-Operative Societies Act, 1983

(5)Any modification in the rules made by the State Legislature under sub-section (4) shall be published by the State Government by notification and shall, unless some latter date is specified in the notification, come into force on the date of the notification.First SchedulePower exclusively exercisable by the Registrar[See section 10 (1).] [Words, figures and brackets substituted by West Bengal Act 21 of 1990.]
Serial No. Section   Power
1 2   3
1. Sub-section (1) of section 47 .. To sanction granting of loan by a co-operativesociety to another co-operative society which is not its member.
2. Sub-section (1) of section 129 .. To require any officer (including a formerofficer) to pay to the assets of the co-operative society formaking good the loss sustained by it in direct consequences ofthe commission or omission specified, or to restore any propertymisappropriated or fraudulently retained and to pay the cost ofany proceeding under this section.
3. Section 130.. .. To impose penalties for certain contraventionof the provisions of this Act or the rules or the by-laws.
4. Sub-section (3) of section 134 .. To give leave and impose conditions forproceeding with or instituting any suit or other legalproceeding against a liquidator or a cooperative society or amember thereof.
5. Sub-section (3) of section 139 .. To sanction the institution of any prosecution under thisAct.
Second ScheduleRecovery of sums due(See section 132.)
Serial No. Nature of sums due   Method of recovery
1 2   3
1. Audit fee payable under sub-section (1), andthe expenses for completing the accounts payable undersub-section (5) of section 90.   By the Certificate Officer as a public demandupon requisition by the[Director of Cooperative Audit] [Words substituted by West Bengal Act 21 of 1990 and West Bengal Act 22 of 1992, respectively.]or withhis approval by the audit officer.
2. Cost of inspection or inquiry apportioned undersection 94.   By the Collector as a public demand uponrequisition by the Registrar.
3. Sums payable by an order under section 94.   By the Certificate Officer as a public demandupon requisition by the co-operative society or the Registrar orby any Civil Court having jurisdiction, in the same manner as adecree of such court upon application by the co-operativesociety.
4. Sums payable by an award under section 96   Ditto.
5. Sums assessed by a liquidator as contributionsunder[clause (h) of sub-section (4) of section 101.] [Words, figures, letter and brackets substituted by West Bengal Act 21 of 1990.]   By the Certificate Officer as a public demandupon requisition by the liquidator.
6. Dues payable by a member or his surety orsuccessor of a deceased member under section 128.   By the Certificate Officer as a public demandupon requisition by the Registrar or by any person authorised byhim or by the co-operative society.
7. Sums payable by an officer (including a formerofficer) of cooperative society under section 129.   By the Certificate Officer as a public demandupon requisition by the Registrar.
8. Sums payable under section 130 by a person forcertain contravention of the provisions of this Act or the rulesor the by-laws.   Ditto.
9. Expenses incurred and the sum payable under section 131.   Ditto.
10. Sums due under any rule made under this Act.   In the prescribed manner.
Third ScheduleAppeals(See section 136.)
Serial No. Appeal lies against By whom appeal may be preferred Authority to whom appeal shall lie Period of limitation
1 2 3 4 5
1. [An order] [Words substituted by West Bengal Act 21 of 1990.]of division or transfer of assets andliabilities of a co-operative society under section 19. Any member of the co-operative society. To the Co-operative Tribunal havingjurisdiction. Two months from the date on which the order iscommunicated.
2. [An order] [Words substituted by West Bengal Act 21 of 1990.]of amalgamation or reorganisation ofco-operative societies under section 20. Any member of the co-operative society. To the Cooperative Tribunal having jurisdiction. Two months from the date on which the order iscommunicated.
3. An order for dissolution of a board of directorsor disqualification of directors thereof under section 29. Any director of the board. Ditto. Ditto.
4. An order dissolving a board and appointingadministrator under section 30. Ditto. Ditto. Ditto.
5. An entry in or omission from the statementprepared for levy of water rate or embankment protection rateunder section 56. Any person aggrieved. To the Collector. One month from the date of publication of thestatement.
6. Assessment of water rate or embankment protectionrate under section 56. Any person aggrieved. To the Registrar. One month from the date of assessment.
7. Any refusal by a co-operative society to admit anapplicant as member under sub-section (4) of section 70. Any applicant aggrieved. Ditto. Such period as may be prescribed.
8. An order for apportionment of cost under section94. Any person aggrieved. To the State Government. One month from the date on which the order iscommunicated.
9. An order of the Registrar in an appeal undersub-section (9) of section 85. The appellant. To the Co-operative Tribunal. Within 90 days from the date of order or fromthe date on which the appellant gets knowledge of the order[*****] [Words omitted by West Bengal Act 21 of 1990.].
10. A decision or order of a co-operative society onan application under section 89. Any applicant aggrieved. To the[Registrar.] [Word substituted by West Bengal Act 21 of 1990.] Within 90 days (1) from the date on which thedecision or order is communicated to the applicant or, (2) ifthe decision or order is not so communicated, from the date onwhich the applicant gets knowledge of the decision or order, or(3) from the date on which the period of one month under section89 expires if no decision is taken or any order is passed on theapplication.
11. An order, decision or award under section 96. Any person aggrieved. To the Co-operative Tribunal havingjurisdiction. One month from the date on which the order,decision or award is communicated.
12. An award under section 98. Any person aggrieved. To the Co-operative Tribunal havingjurisdiction. One month from the date on which the award iscommunicated.
13. An order for winding up of a co-operative societyunder section 99. Any member of the co-operative society. To the Co-operative Tribunal havingjurisdiction. Two months from the date on which the order iscommunicated.
14. An order, decision or award of a liquidator undersection 101. By the person aggrieved. To the Registrar. Two months from the date on which the order,decision or award is communicated.
15. An order under section 129 for payment ofcompensation or restoration of property. Any person aggrieved. To the Co-operative Tribunal havingjurisdiction. Two months from the date on which the order, iscommunicated.
16. An order under section 130 for payment by way ofpenalty. Any person aggrieved. To the Co-operative Tribunal havingjurisdiction. Two months from the date on which the order iscommunicated.
17. An order under section 131 for payment of fine. Ditto. Ditto. Ditto.
18. Any other order or decision declared by rules asappealable. Any person declared by rules to be competent. To the prescribed authority. Such period as may be prescribed.
Fourth ScheduleOffences and penalties(See section 138.)
Serial No. Offence   Person liable   Penalty
1 2   3   4
1. Authorised use of the word "cooperative"or its equivalent in contravention of section 6.   Any company, co-operative society or person.   Fine which may extend to fifty rupees and inthe case of a continuing offence a further fine of five rupeesfor each day for so long as it continues after conviction.
2. Wilfully making false return or furnishingfalse information required to be made or furnished under thisAct or the rules.   Any person making such return or furnishingsuch information.   Imprisonment for a term which may extend to sixmonths or fine which may extend to five hundred rupees or both.
3. Transfer of any property without previouspermission of a cooperative society on which it holds a firstcharge under section 51.   Person by whom or on whose behalf the propertyis transferred.   Fine which may extend to the value of theproperty or five hundred rupees which is more.
4. Transfer of any property on which a charge hasbeen created under clause (a) of section 52 in contravention ofclause (c) of that section.   Person by whom or on whose behalf the propertyis transferred.   Fine which may extend to the value of theproperty or five hundred rupees which is more.
5. Failure to make deduction and payment undersection 58 in satisfaction of debt due to a co-operative societyfrom a member.   The employer of the member.   Imprisonment for a term which may extend to sixmonths or fine which may extend to one thousand rupees or bothand in the case of a continuing offence a further fine which mayextend to one hundred rupees for each day for so long as itcontinues after conviction.
6. Wilful neglect or refusal to comply with anylawful order or direction given by the Registrar or the StateGovernment under this Act.   Any person so neglecting or refusing.   Imprisonment for a term which may extend to sixmonths or fine which may extend to five hundred rupees or both.
7. Wilful neglect or refusal to do any act, makeany return or furnish any information required to be done, madeor furnished under this Act or the rules.   Any person so neglecting or refusing.   Imprisonment for a term which may extend tothree months or fine which may extend to five hundred rupees orboth and in the case of a continuing offence a further fine offifty rupees for each day for so long as it continues afterconviction.
8. Any act or omission declared by the rules to bean offence.   The person committing the act or omission.   Such penalty as may be provided in the rules.
Fifth ScheduleCo-operative Societies[See section 31(a).]
Serial No. Name of co-operative society
1 2
1. Apex Society.
2. Central Co-operative Bank.
3. [] [Serial No. 3 substituted by West Bengal Act 27 of 1997.] West Bengal State Co-operative Agriculture and RuralDevelopment Bank Limited.
4. Central Society.
5. [] [Serial No. 5 substituted by West Bengal Act 27 of 1997.] Co-operative Agriculture and Rural Development Bank Limited.
6. Primary Co-operative Bank.
7. State Co-operative Bank.
[Sixth Schedule] [Sixth schedule inserted by West Bengal Act 27 of 1989.]Power exercisable by the [Director of Co-operative Audit] [Words substituted by West Bengal Act 22 of 1992.][See section 10(2).]
Serial No. Section Power
1 2 3
1. Sub-section (1) of section 90 To appoint audit officers.
2. Sub-section (2) of section 90 To draw up audit programme and to appoint new audit officeron the failure of the audit officer to take up audit.
3. Sub-section (3) of section 90 To receive annual return from co-operative societies.
4. Sub-section (7) of section 90 To modify the audited statement of accounts of a co-operativesociety.
5. Sub-section (1) of section 91 To accept report of audit officer.
6. Sub-section (2) of section 91 To accept report of rectification of defects in the auditreport from a co-operative society.
7. Sub-section (3) of section 91 To direct rectification of defects in the audit report and toreceive report of compliance from co-operative society.
[Clause (28) substituted by West Bengal Act 27 of 1989.]