Notification, 1975
A notification recorded in India Code.
Text
Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.
GOVERNMENT OF WEST BENGAL
LEGISLATIVE DEPARTMENT
West Ben. Act XXXVIII of West Bengal Act LV of 1974
THE WEST BENGAL CO-OPERATIVE SOCIETIES
(AMENDMENT) ACT, 1974.
[Passed by the West Bengal Legislature.] - [Assent of the President was first published in the Calcutta Gazette, Extraordinary, of the 19th April, 1975.] [19th April, 1975.] An Act to amend the West Bengal Co-operative Societies Act, 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-fifth Year of the Republic of India, by the Legislature of West Bengal, as follows:-
1. (1) This Act may be called the West Bengal Co-operative Societies (Amendment) Act, 1974.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. In section 2 of the West Bengal Co-operative Societies Act, 1973 (hereinafter_ referred to as the said Act),—
(i) after clause (s), the following clause shall be added, namely:— `(ss) "farmers' service co-operative society" means an agricultural co-operative society the primary object of which is to render assistance, financial or otherwise, to farmers, particularly small and marginal farmers, rural artisans and agricultural labourers;',
(ii) for clause (t), the following clause shall be substituted, namely:— `(t) "financing bank" means the State Bank of India, a nationalised commercial bank, a central co-operative bank, a State co-operative bank, a central co-operative land development bank or any other bank to be notified by the State Government the objects of which include Short title and commence- ment.
Amendment of section 2 of West Ben. Act XXXVIII of The West Bengal Co-operative Societies (Amendment) Act, 1974. [West Ben. Act (Sections 3-6.) Amendment of section 21.
Amendment of section 22.
Amendment of section 23.
Amendment of section 24.
the creation of funds out of which money is to be lent to the co-operative societies or other institutions or both;'.
3. For the marginal note to section 21 of the said Act, the following marginal note shall be substituted, namely:—
4. In the second proviso to sub-section (I) of section 22 of the said Act, after the words "this sub-section ", the words, brackets and figure "and sub-section (2)" shall be inserted.
5. In section 23 of the said Act,—
(a) in the proviso to sub-section (2), for the word "Registrar", the words "the State Government or, in the case of a Railwaymen's co-operative society, the ex-officio directors or office-bearers appointed by the Railway Administration" shall be substituted;
(b) in sub-section (3),—
(i) after the words "allowances", the brackets and words "(other than travelling allowances)" shall be inserted,
(ii) after the existing proviso, the following further proviso shall be added, namely:— "Provided further that in any farmers' service co-operative society, a manager or managing director in receipt of salary or wages from the society may, with the approval of the Registrar, be a member of the managing committee of such society, and such member of the managing committee may continue to receive such salary or wages.";
(c) in sub-section (4), after the existing proviso to clause (d), the following further proviso shall be added, namely:— "Provided further that in any farmers' service co-operative society, a manager or managing director in receipt of salary or wages from such society may, with the approval of the Registrar, be a member of the managing committee.".
6. In section 24 of the said Act, after the existing proviso, the following further proviso shall be added, namely:— "Provided further that the Government officer so deputed, by the State Government or the Registrar, to the service of the society may be withdrawn from such service by the State Government or the Registrar, as the case may be, on three months' notice being given by The West Bengal Co-operative Societies (Amendment) Act, 1974. LV of 1974.] (Sections 7-9.) the State Government or the Registrar, as the case may be, or on like notice being given by the society requesting the State Government or the Registrar, as the case may be, to withdraw such officer.".
7. In sub-section (1) of section 26 of the said Act, for the second proviso, the following proviso shall be substituted, namely:— "Provided further that no such step towards immediate dissolution of the State co-operative bank, the central co-operative land development bank, any central co-operative bank or such other co-operative bank as comes within the purview of Part V of the 10 of 1949.
Banking Regulation Act, 1949, shall be taken by the State Government without consultation with the Researve Bank.".
8. To sub-section (1) of section 28 of the said Act, the following proviso shall be added, namely:— "Provided that where no nomination has been made under this sub- section, the State Government may, on application of the co-operative society supported by a resolution of the managing committee or the general body of members of the society or on the recommendation of the Registrar, appoint not more than three additional directors on the managing committee of any co-operative society.".
9. In sub-section (3) of section 39 of the said Act,—
(a) for clause (a), the following clause shall be substituted, namely:— "(a) to accept a portion of the loan in agricultural inputs and implements from—
(i) such society,
(ii) any other primary agricultural credit society selected by such society, or
(iii) the agricultural marketing society to which such society may be affiliated,";
(b) in clause (b), for the words "to place at the disposal of such marketing society for sale,", the words "to place at the disposal of the society from which is accepted a portion of the loan in agricultural inputs and implements, for sale," shall be substituted;
(c) in clause (c),—
(i) for the words "such marketing society" wherever they occur, the words "the society from which is accepted a portion of the loan in agricultural inputs and implements" shall be substituted, and Amendment of section 26.
Amendment of section 28.
Amendment of section 39.
The West Bengal Co-operative Societies (Amendment) Act, 1974. [West Ben. Act • Amendment of of section 47.
Amendment of section 52.
Amendment of section 59.
Amendment of section 82.
Amendment of section 86.
(Sections 10-15.)
(ii) in sub-clause (iii), after the words "credit society", the words "which advanced the loan" shall be inserted.
10. In sub-section (1) of section 47 of the said Act, after the words "but subject to", the words and figures "the provisions of the West Bengal Agricultural Credit Operations Act, 1973, and to" shall be inserted.
11. In sub-section (2) of section 52 of the said Act, in the proviso, for the words "the central bank to which such society is affiliated", the words "the financing bank which advanced loan to such society" shall be substituted.
12. In sub-section (1) of section 59 of the said Act, for clause (d), the following clause shall be substituted, namely:— "(d) subject to the aproval of the State Government, accorded by any general or special order, any association or body of • persons, whether incorporated or not, or a financing bank;".
13. In sub-section-(2) of section 82 of the said Act, for the words "of the bank or society", the words "or a member of the paid staff of such bank or such society" shall be substituted.
14. In sub-section (1) of section 86 of the said Act, in clause (d), after the words "any person", the words "including a financing bank" shall be inserted.
West Ben. Act XXXIV of Amendment of 15. In section 91 of the said Act, after sub-section (3), the following section 91.
sub-section shall be inserted, namely:— "(3A) Notwithstanding anything contained elsewhere in this Act or in the rules or by-laws of a co-operative society, the services of all the employees of a co-operative society which has been ordered to be wound up shall be deemed to have terminated with effect from the date on which the order directing winding up of the society takes effect. The employees concerned shall get such compensation as they may be entitled to under any law relating to industrial disputes for the time being in force:
Provided that the liquidator may, subject to the approval of the Registrar, re-employ any such employee of the society in connection with the work of liquidation, on such terms and conditions and for such period as he deems fit.".
The West Bengal Co-operative Societies (Amendment) Act, 1974. LV of 1974.] (Sections 16-20.) Substitution of new section for section 95.
West Ben. Act XXXIV of
16. For section 95 of the said Act, the following section shall be substituted, namely:— "Procedure for 95. Subject to the provisions of section 94, when an dealing with application for loan is made to a co-operative land certain applications for development bank for any of the productive purposes loans. specified in clause (2) of the Explanation to clause (k) of section 2 or such other purposes as may be prescribed or notified, the bank shall, after due enquiry, either reject the application or grant wholly or in part the loan applied for. The bank shall record in writing the reasons for rejecting or granting wholly or in part the application for loan.".
17. In section 98 of the said Act, for sub-section (2), the following Amendment of sub-section shall be substituted, namely:— section 98.
"(2) Notwithstanding anything contained in any other law for the time being in force, where different mortgages or charges have been executed by an agriculturist in respect of the same land both in favour of a co-operative land development bank and in favour of any person then the mortgage or charge executed in favour of a co- operative land development bank shall, subject to the provisions of the West Bengal Agricultural Credit Operations Act, 1973, have priority over the mortgage or charge in favour of such person irrespective of the fact whether the mortgage or charge in favour of the co-operative land development bank was executed before or after the date of the mortgage or charge in favour of such person.".
18. In section 119 of the said Act, for the words "central co-operative bank" wherever they occur, the words "financing bank" shall be substituted.
19. In section 135 of the said Act, in sub-section (/), after the words "the State Government may", the words ", on its own motion or on an application being made by any party aggrieved, in the manner prescribed" shall be inserted.
20. In Chapter XVI of the said Act, before section 140, the folio section shall be inserted, namely :— "Duty to get I39A. Every co-operative bank in the State accepting co-operative deposits from non-members shall get itself insured with bank insured.
the Deposit Insurance Corporation of India within six months from the date of commencement of the West Bengal Amendment of section 119.
Amendment of section 135.
ng Insertion of new section
I39A.
The West Bengal Co-operative Societies (Amendment) Act, 1974. [West Ben. Act LV of 1974.] (Sections 21, 22.) Amendment of the First Schedule.
Amendment of the Third Schedule.
Co-operative Societies (Amendment) Act, 1974 or from the date of its incorporation, whichever is later, or within such extended period, as the State Government may, by general or special order, specify.".
21. In the First Schedule to the said Act, before Serial 1 and the entries relating thereto, the following Serial and entries shall be inserted in columns 1, 2 and 3, namely:- 25(3) To appoint managing committee of apex and central societies, land development banks and non- agricultural primary credit societies having working capital of Rs. 5 lakhs and above.".
22. In the Third Schedule to the said Act,—
(i) after Serial No. 2 and the entries relating thereto, the following Serial No. and entries shall be inserted in columns 1, 2, 3 and 4, namely:— An order of removal under sub-section (6), (8) or (10) of section 23.
By any person aggrieved to the Co- operative Tribunal.
One month from the date of receipt of the order.";
(ii) after Serial No. 3 and the entries relating thereto, the following Serial No. and entries shall be inserted in columns 1, 2, 3 and 4, namely:— "3A. An order under sub-section (2), (3) or (4) of section 27.
By any member of the society to the Co- operative Tribunal.
One month from the date of receipt of the order by the society.".
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