Legal Document View

Unlock Advanced Research with PRISMAI

Integrated with over 4 crore judgments and laws — designed for legal practitioners, researchers, students and institutions

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 3] [Entire Act]

State of West Bengal - Section

Section 157 in West Bengal Co-operative Societies Act, 2006

157. Power to make rules.

(1)The State Government may, after previous publication in the Official Gazette, make rules for carrying out the purposes of this Act for the whole or any part of West Bengal or for any Co-operative society or class of Co-operative societies :Provided that any such rules may be made without previous publication if the State Government is of opinion that in the public interest such rules should be brought into force at once.
(2)In particular, and without prejudice to the generality of foregoing power, such rules may provide for all or any of the matters which may be, or are required to be, prescribed or made by rules.
(3)Any rule made under this Act may provide that any person committing a breach thereof shall on conviction by a Court be punishable with fine which may extend to five hundred rupees and, when the breach is a continuing one, with a further fine which may extend to ten rupees per day for so long as the breach continues after such conviction.
(4)All rules made under this Act shall be laid before the State Legislature [ xxx ] [Omitted by section 20 of the West Bengal Co-operative Societies (Amendment) Act, 2011 (West Bengal Act No. 14 of 2011), w.e.f. 6.2.2012, before omission it was as for not less than fourteen days.] as soon as they are made and shall be subject to such modification, if any, whether by way of repeal or amendment, as the State Legislature may make during the session in which they are laid or the session immediately following.
(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, came into force on the date of the notification.First SchedulePower exclusively exercisable by the Registrar[See section 13(1)]
Serial No. Section Power
(1) (2) (3)
1. Sub-section (1) of section 140. To require any office (including a former officer) to pay tothe assets of the Co-operative society for making good to losssustained by it in direct consequences of the commission oromission specified or to restore any property misappropriate orfraudulently retained and to pay the cost of any proceeding underthis section.
2. Section 141. To impose penalties for certain contravention of theprovisions of this Act or the rules or the by-laws.
3. Sub-section (3) of section 145. To give leave and impose conditions for proceeding with orinstituting any suit or other legal proceeding against aliquidator or a Co-operative society or a member thereof.
4. Sub-section (4) of section 150. To sanction the institution of any prosecution under this Act.
Second ScheduleRecovery of sums due[See section 143]
Serial No. Nature of sum due Method of recovery
(1) (2) (3)
1. Sums payable towards dues recoverable under section 59. By the certificate officer as a public demand upon requisitionby the Co-operative society.
2. Audit fee payable under sub-section (1) and the expenses forcompleting the accounts payable under sub-section (4) of section97. By the certificate officer as a public demand upon requisitionby the Director or Co-operative Audit or with his approval by theAudit officer.
3. Cost of inspection or inquiry apportioned under section 101. By the certificate officer as a public demand upon requisitionby the Registrar.
4. Sums payable by an award under section 103. By the certificate officer or by a civil court having localjurisdiction upon applications by the awardee as a public demandupon requisition by the awardee.
5. Sums assessed by a liquidator or contributions under clause(h) of Sub-section (14) of section 111. By the certificate officer as a public demand upon requisitionby the liquidator.
6. Dues payable by a member or his surety of successor of adeceased member under section 139. By the certificate officer as a public demand upon requisitionby the Registrar or by any person authorized by him or by theCo-operative society or by the financing bank.
7. Sums payable by an officer (including a former officer) of aCo-operative society under section 140. By the certificate officer as a public demand upon requisitionby the Registrar.
8. Sums payable under section 141 by a person for certaincontravention of the provision of this Act or the by-laws. By the certificate officer as a public demand upon requisitionby the Registrar.
9. Expenses incurred and the sums payable under section 142. By the certificate officer as a public demand upon requisitionby the Registrar.
Third ScheduleAppeals[See section 147]
Sl. 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 of change of liability, transfer of assets andliability division and amalgamation of a Co- operative societyunder section 21. Any member or creditor or Co-operative society aggrieved bysuch order. The Co-operative Tribunal. Two months from the date on which the order is communicated ortwo months from the date of knowledge of such order.
2. An order of amalgamation or reorganization of Co-operativesocieties under section 22. Any member or creditor or Co-operative society aggrieved bysuch order. The Co-operative Tribunal. Two months from the date on which the order is communicated ortwo months from the date of knowledge of such order.
3. An order for dissolution of a board of directors ordisqualification thereof under section 34. Any director of the board. The Co-operative Tribunal. Two months from the date on which the order is communicated ortwo months from the date of knowledge of such order.
4. [] [[Substituted by section 15 of the West Bengal Co-operative Societies (Second Amendment) Act, 2013, (West Bengal Act No. 7 of 2013), w.r.e.f. 19.2.2013, earlier section read as follows :4. An order dissolving a board and appointing administrator under section 35. Any director of the board. The Co-operative Tribunal. Two months from the date on which the order is communicated or two months from the date of knowledge of such order.]] An order of dissolution or supersession of a board andappointing administrator under section 35 or appointment ofspecial officer on expiry of term of board under section 36. Any director of the Board. The Co-operative Tribunal. Two months from the date on which the order is communicated ortwo months from the date of know-ledge of such order.
5. Any refusal by a Co-operative society to admit an applicationas member under section (3) of section 64. Any applicant aggrieved. The Registrar. Thirty days from the date of receipt of decision.
6. An order for appointment of cost under section 101. Any person aggrieved. The Co-operative Tribunal. One month from the date on which the order is communicated.
7. An order of the Registrar in an appeal under sub-section (5)of section 93. Any person aggrieved. The Co-operative Tribunal. One month from the date on which the order is communicated.
8. An order, decision or award under section 103. Any person aggrieved. The Co-operative Tribunal. One month from the date on which the certified copy of theorder, decision or award is supplied provided that the period ofdelay in filing an application for certified copy shall be takeninto account in computing the period of one month.
9. An order for dissolution of a Co-operative Society underChapter XII. Any member of the Co- operative society of a creditor or theCo-operative society. The Co-operative Tribunal. Two months from the date on which the order is communicated orthe date of know-ledge of such order.
10. An order, decision or award of a liquidator under section 111. Any person aggrieved. The Registrar. Two months from the date on which the order, decision or awardis communicated.
11. An order, under section 140 for payment of compensation orrestoration of property. Any person aggrieved. The Co- operative Tribunal. Two months from the date on which the order is communicated.
12. An order under section 141 for payment by way of penalty. Any person aggrieved. The Co-operative Tribunal. Two months from the date on which the order is communicated.
13. An order under section 142 for payment of fine. Any person aggrieved. The Co-operative Tribunal. Two months from the date on which the order is communicated.
Fourth ScheduleOffences and Penalties[See section 149]
Sl. No. Offence Person liable Penalty
(1) (2) (3) (4)
1. Unauthorized used of the word "Co-operative" or itsequivalent in contravention of section 9. Any Company, Co- operative society or Person or a body ofpersons. Imprisonment for a term which may extend to two years or finewhich may extend to five thousand rupees or both.
2. [] [[Substituted by section 16(1) of the West Bengal Co-operative Societies (Second Amendment) Act, 2013, (West Bengal Act No. 7 of 2013), w.r.e.f. 19.2.2013, earlier section read as follows :2. Wilfully making false return or furnishing false information required to be made or furnished under this Act. Any person making such return or furnishing such information. Imprisonment for a term which may extend to six months or fine which may extend to five hundred rupees or both.]] A Co-operative Society or an officer or member thereofwilfully makes a false return or furnishes false information, orany person wilfully not furnishes any information required fromhim by a person authorized in this behalf under the provisions ofthis Act. Any person making such return or furnishing such informationor any person so neglecting or refusing. Imprisonment for a term which may extend to six months or finewhich may extend to one thousand rupees or both.
3. Transfer of any property without previous permission of aCo-operative society on which it holds a first charge undersection 53. Person by whom or on whose behalf the property is transferred. Fine which may extend to the value of the property of fivethousand rupees which is more.
4. Transfer of any property on which a charge has been createdunder clause (a) of section 54 in contravention of clause (c) ofthat section. Person by whom or on whose behalf the property is transferred. Fine which may extend to the value of the property fivethousand rupees which is more.
5. Failure to make deduction and payment under section 59 insatisfaction of debt due to a Co-operative society from a member. The employer of the member or the Drawing and DisbursingOfficer of the member. Imprisonment for a term which may extend to six months or finewhich may extends to one thousand rupees or both.
6. [] [[Substituted by section 16(2) of the West Bengal Co-operative Societies (Second Amendment) Act, 2013, (West Bengal Act No. 7 of 2013), w.r.e.f. 19.2.2013, earlier section read as follows :6. Wilful neglect or refusal to comply with any lawful order or direction giving by the Registrar or the Director of Co-operative Audit. Any person so neglecting or refusing. Imprisonment for a term which may extend to six Months or fine which may extend to five hundred rupees or both.]] Any person wilfully or without any reasonable excuse disobeysany summons, requisition or lawful written order issued under theprovisions of this Act. Any person so disobeying. Imprisonment for a term which may extend to six months or finewhich may extend to one thousand rupees or both.
7. Wilful neglect or refusal to any act, make any return orfurnish any false information required under this Act or anyfalse declaration under section 87. Any person so neglecting or refusing. Imprisonment for a term which may extend to three months orfine which may extend to five hundred rupees or both, and in thecase of a continuing offence a further fine fifty rupees for eachday for so long as it continue after conviction.
8. Non-compliance of order of the Registrar under section 100. Any person so neglecting or refusing. Imprisonment for a term which may extend to three months orfine which may extend to five hundred rupees or both, and in thecase of a continuing offence a further fine fifty rupees for eachday for so long as it continue after conviction.
9. [] [Inserted by section 16(3), ibid, w.r.e.f. 19.2.2013.] Any employer who without sufficient cause, fails to pay to aCo-operative Society amount deducted by him from its employeewithin a period of fourteen days from the date on which suchdeduction is made. The employer. Imprisonment for a term which may extend to six months or finewhich may extend to one thousand rupees or both.
10. Any officer or custodian who wilfully fails to handovercustody of books, accounts, documents, records, cash, securityand other property belonging to a Co-operative Society of whichhe is an officer or custodian, to an authorized person. The officer or custodian. Imprisonment for a term which may extend to six months or finewhich may extend to one thousand rupees or both.
11. Adopting corrupt practice before, during or after the electionof the members of the board or office bearers of a Co-operativeSociety. Any person so adopting Imprisonment for a term which may extend to six months or finewhich may extend to one thousand rupees or both.
Fifth ScheduleCo-operative societies[See section 94]
Sl. Type of Cooperative society
1. All Apex Co-operative society.
2. All Central Co-operatives including District Co-operativeunion.
3. All Agriculture & Rural Development Banks.
4. All Primary Co-operative Banks.
5. [ [[Omitted by section 17 of the West Bengal Co-operative Societies (Second Amendment) Act, 2013, (West Bengal Act No. 7 of 2013), w.r.e.f. 19.2.2013, earlier section read as follows :5. Any Co-operative, Annual Turnover of which is Rupees one crore or above.]] * * *]
Sixth SchedulePower exercisable by the Director of Co-operative Audit[See section 13(2)]
Serial No. Section Power
(1) (2) (3)
1. Sub-section (1) of section 97. To appoint Audit officer.
2. Sub-section (2) of section 97. To draw audit programme and to appoint new audit officer onthe failure of the audit officer to take up audit.
3. Sub-section (1) of section 97. To receive annual return from co-operative societies.
4. Sub-section (1) of section 98. To accept report of audit officer.
5. Sub-section (2) of section 98. To accept report of rectification of defects in the auditreport from a Co-operative society.
6. Sub-section (3) of section 98. To direct rectification of defects in the audit report and toreceive report of compliance from Co-operative society.
By order of the Governor,Mita Basu Roy,Pr. Secy. to the Govt. of West Bengal,Law Department,Comparative Chart of Sections of West Bengal Co-operative Societies Act, 2006, with West Bengal Co-operative Societies Act, 1983
Act 40 of 2006 Act XLV of 1983
1 1
2 -
3 -
4 2
5 -
6 3
7 4
8 5
9 6
10 8
11 7
12 9
13 10
14 11
15 12
16 13
17 23
18 -
19 17
20 -
21 19
22 20
23 21
24 22
25 -
26 -
27 -
28 24
29 25
30 -
31 26
32 27
33 28
34 29
35 30
36 31
37 32
38 34
39 39
40 49
41 40
42 41
43 42
44 43
45 44
46 45
47 46
48 -
49 -
50 -
51 48
52 50
53 51
54 52
55 53
56 54
57 55
58 57
59 58
60 59
61 60
62 61
63 69
64 70
65 71
66 73
67 74
68 75
69 76
70 80
71 81
72 82
73 -
74 84
75 -
76 -
77 78
78 -
79 62
80 63
81 64
82 65
83 66
84 -
85 -
86 68
87 -
88 -
89 86
90 -
91 88
92 -
93 89
94 38
95 -
96 35
97 90
98 91
99 92
100 93
101 94
102 95
103 96
104 -
105 98
106 -
107 -
108 -
109 -
110 100
111 101
112 102
113 -
114 104
115 105
116 106
117 107
118 108
119 109
120 110
121 111
122 112
123 113
124 114
125 115
126 116
127 117
128 118
129 119
130 120
131 121
132 122
133 123
134 -
135 124
136 125
137 126
138 127
139 128
140 129
141 130
142 131
143 132
144 133
145 134
146 135
147 -
148 137
149 138
150 139
151 140
152 141
153 142
154 143
155 -
156 146
157 147
Schedule 1 Schedule 1
Schedule 2 Schedule 2
Schedule 3 Schedule 3
Schedule 4 Schedule 4
Schedule 5 Schedule 5
Schedule 6 Schedule 6