Section 142

Amendment status not verified — confirm the current text below against the official source.

(1) The State Government may, for the whole or any part of West Bengal, and for any co-operative society or class of co-operative societies, after previous publication in the Official Gazette, make rules to carry out the purposes of this Act: Provided that any such rules may be made by the State Government without previous publication, if the State Government is of opinion that in the public interest such rules shall be brought into force at once. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (i) the sums which, in addition to those referred to in clause (z) of section 2, shall be deducted from profits; (ii) the period which shall be a co-operative year; (iii) the other functions which the State co-operative union can carry out as one of its primary objects; (iv) the extent and manner of delegation of powers and duties entrusted to the Registrar; (v) the conditions for registration of any co-operative society or class of societies; 238 The West Bengal Co-operative Societies Act, 1973. XXXVIII of 1973.] (Chapter XVIL—Miscellaneous.—Section 142.) (vi) the forms to be used and the conditions to be complied with in the making of an application for the registration of a co- operative society and the procedure in the matter of such application; (vii) the procedure and conditions for the division, or transfer of assets and liabilities of a co-operative society and amalgamation of co-operative societies; (viii) the extent to which a co-operative society may limit the number of its members and the particular applicants for registration to whom order of refusal for registration shall be sent; (ix) the matters in respect of which a co-operative society shall or may make by-laws, and the procedure and conditions for amending the by-laws; (x) the procedure and conditions for the exercise by the Registrar of the powers conferred by section 18; (xi) the procedure for calling and holding general meetings, and the powers to be exercised by such meetings; (xii) the circumstances in which delegates may be elected for the purposes of section 20, the manner of electing delegates for any of the purposes of this Act and the manner in which delegates so elected, shall vote; (xiii) the method of constituting the managing committee of a co-operative society (including the appointment of persons to present appropriate interests); (xiv) the qualifications, disqualification, term of office, suspension and removal of members of managing committees and officers of different classes of co-operative societies; (xv) the procedure of meetings of the managing committee and the powers to be exercised and the duties to be performed by the managing committee and officers of a society; (xvi) the manner in which, the time within which and the period for which the vacancies occurring in the membership of the managing committee under circumstances referred to in sub-section (6), sub-section (8) and sub-section (10) of section 23 are to be filled up; (xvii) 'the conditions of deputation of, and the powers to be exercised and duties to be performed by, an officer of the Government deputed under section 24; (xviii) the manner in which the seats reserved on the managing committee under sub-section (2) of section 28 may be filled up; 239 The West Bengal Co-operative Societies Act, 1973. [West Ben. Act (Chapter XVIL—Miscellaneous.—Section 142.) (xix) the procedure for registering the address of a co-operative society and any change of its address; (xx) the minimum number of paid staff to be employed by different classes of co-operative societies and the qualifications thereof; (xxi) the accounts, books and registers to be kept and the returns to be submitted by a co-operative society, the form in which and the persons by whom such accounts, books and registers shall be kept and such returns submitted, the method in which such accounts, books and registers shall be kept in custody and destroyed and the charges which may be assessed and levied for the preparation of any return not submitted in accordance with the rules; (xxii) the documents to be kept open to inspection by a co-operative society under section 29, and the details of qualifications and training of persons required to be appointed by co- operative societies, and the terms and conditions under which they are to be appointed; (xxiii) the manner in which, the time within which and the fees on payment of which, societies are to be affiliated to State and district co-operative unions, and the manner in which and the fees on payment of which, such affiliation may be renewed; (xxiv) the manner in which the balance sheet shall be published under section 31; (xxv) the conditions and terms under which, the manner in which and the extent to which funds may be raised by a co- operative society by means of shares, deposits, debentures or otherwise, and the manner in which provision shall be made for the maintenance of fluid resources; (xxvi) the procedure and conditions for the issue, redemption, re-issue, transfer, replacement or conversion of debentures, issued by a co-operative society; (xxvii) the maximum amount of principal, the rate of interest and other conditions for the guarantee of debentures under section 33; (xxviii) the procedure and conditions for varying an instrument of trust between the Trustee and a co-operative society; (xxix) the procedure whereby, and the conditions under which, guarantees or financial assistance may be given under section 33 or section 38; 240 The West Bengal Co-operative Societies Act, 1973. XXXVIII of 1973.] (Chapter XVIL—Miscellaneous.—Section 142.) (xxx) the payments to be made and the conditions to be complied with by members applying for loans from a co-operative society, the period for which loans may be made and the amount which may be lent to an individual member; (xxxi) the conditions in which and the extent to which loans may be made in relaxation of the provisions of sub-section (1) of section 39 and the determination by a society of the maxima and normal credits of its members; (xxxii) the manner in which co-operative societies may be given an opportunity of being heard under sub-section (4) of section 39; (xxxiii) the prohibitions and restrictions subject to which co-operative societies may transact business with persons who are not members; (xxxiv) the procedure and conditions for change of the form of liability of a co-operative society under section 43; (xxxv) in any case in which a notice or process is issued under this Act or the rules— (a) the form of the notice or process, (b) the period of notice to be given, (c) the persons on or against whom the notice or process shall be issued, and (d) the conditions to be fulfilled in order to establish proof of the service of such notice or process; (xxxvi) the form of the written statement of claim and the form of declaration required by section 44 and clause (a) of section 48 respectively; (xxxvii) the form of application under, the form of map and statement and the manner of their publication required by, and the manner of levying water-rate and embankment protection rate provided in, section 49; (xxxviii) the form of application in which a society is to apply under sub-section (10) of section 49 to the Collector for demarcation of an area to be brought under the land consolidation scheme, and the manner in which and the time within which the non-members may join such society to take part in the said scheme; (xxxix) the conditions in which any charge in favour of a co-operative society shall be satisfied and the extent to which and the order in which the property subject to the charge shall be used in its satisfaction; 241 The West Bengal Co-operative Societies Act, 1973. [West Ben. Act (Chapter XVIL—Miscellaneous.—Section 142.) (xl) the time within which and the manner in which a copy of the mortgage-deed shall be sent to the Registering Officer under section 52; (xli) the form of and procedure for an application under section 54 and the procedure for calling, holding and conducting a meeting under that section; (xlii) the manner in which a co-operative society may invest or deposit its funds under section 55; (xliii) the proportion which shall be annually carried under section 56 to the reserve fund and bad debt fund from the net profits of a co-operative society, the extent to which a society may use its funds referred to in sub-sections (1) and (3) of section 56 in its business, the method in which such funds shall be invested, the banks in which such funds may be deposited, and the authority by which, the manner in which and the purposes for which, the co-operative development fund shall be administered; (xliv) the amount or proportion of contribution which a co-operative society may make to a provident fund under section 56; (xlv) the conditions in which, and the extent to which, the profits of a co-operative society may be distributed among its members under section 57; (xlvi) the co-operative purposes for which a co-operative society shall under section 58 contribute a percentage of its net profits, the extent of the contribution which may be made under clause (b) of that section and the manner of making such contributions; (xlvii) the conditions in which a co-operative society may admit a nominal or an associate member under section 59, and the rights and privileges of such members and the manner in which an opportunity is to be given to the appellant for hearing appeal under sub-section (4) of section 59; (xlviii) the conditions in which a member of a co-operative society shall be disqualified from voting under sub-section (2) of section 60; (xlix) the conditions to be complied with by a person applying for admission or admitted as a member of a co-operative society, the procedure for the admission, expulsion and resignation of members and the conditions for the exercise by members of the rights of membership; 242 The West Bengal Co-operative Societies Act, 1973. XXXVIII of 1973.] (Chapter XVIL—Miscellaneous.—Section 142.) (1) the manner of recalling a loan under section 63; (1i) the maximum portion of the share capital of a co-operative society which may be held by a member under section 67; (lii) the conditions for the maximum holding of a member under section 68; (liii) the procedure and conditions for, and the method of, nomination by a member of a-transferee under section 69; (liv) the procedure and conditions for the substitution by a society under sub-section (1) of section 70 of another person for the nominee of a deceased member and for the decision by the society to proceed under sub-section (2) of that section, and the procedure for calculating the value of the share or interest of a member or the sums due to him for the purposes of sections 70 to 74 inclusive; (lv) the manner of determining the value of land for the purposes of clause (3) of section 72; (lvi) the circumstances and the manner in which a member may resign or be expelled from a co-operative society; (lvii) the procedure by which a co-operative society shall calculate and write off bad debts; (lviii) the date by which the annual audit shall be made and an audit report submitted, the procedure of an audit officer conducting an audit, the matters on which he shall -submit a report, the form in which the statement of accounts shall be prepared for his audit, the limits within which he may examine the monetary transactions of the society, the form. of his audit report and statement of accounts audited and the charges, if any, to be paid by a co-operative society for audit; (lix) the manner in which appointments shall be made and control exercised by, and the number of persons comprising, and the other functions to be performed by the authority constituted under section 81, the manner of election and nomination of such persons, the fee to be paid to such authority and the manner of such payment; (lx) the conditions to be fulfilled and the qualifications to be possessed by a member of the paid staff of a financing bank certified by the Registrar under sub-section (2) of section 82; 243 The West Bengal Co-operative Societies Act, 1973. [West Ben. Act (Chapter XVIL—Miscellaneous.—Section 142.) (lxi) the qualifications of and method of appointing an arbitrator, the procedure to be followed in proceedings under Chapter X and the method of calculating charges incidental to such proceedings and of enforcing decisions therein; (lxii) the cases in which and the conditions under which it shall be obligatory upon the Registrar to order the winding up of a co-operative society and the manner in which such order is to be communicated to co-operative society or to financing bank; (lxiii) the procedure for the appointment and removal of, and for the payment of a remuneration to, a liquidator, the condition of such appointment, the conditions in which the Registrar shall exercise control of a liquidator and direct him to exercise his powers under section 91, and the procedure to be followed in proceedings under Chapter XI; (lxiv) the manner in which the surplus assets of a society which has been wound up shall be disposed of and its records shall be deposited; (lxv) in respect of an application for a loan under section 95, the purposes of the loan, the officer by whom and the manner in which notice is to be served, the officer by whom and the manner in which objections are to be heard, and the manner in which the co-operative land development bank is to deal with such application; (lxvi) the manner of effecting distraint and the procedure for the custody, preservation and sale of the property distrained (including such as is perishable), the investigation of claims of persons other than the defaulter to any right or interest in the distrained propeity and the postponement of sale pending such investigation; (lxvii) the qualifications and method of appointment of a Sale Officer under section 102 and the powers and functions which such a Sale Officer may exercise; (lxviii) in the case of sale of immovable property under Chapter XII— (a) the procedure for proclamation and conduct of sale and the conditions in which an attempted sale may be abandoned, (b) the method of calculating the expenses incidental to the sale or attempted sale, 244 The West Bengal Co-operative Societies Act, 1973. XXXVIII of 1973.] (Chapter XVIL—Miscellaneous.—Section 142.) (c) the procedure for the receipt, deposit and disposal of the proceeds of sale, (d) the procedure for a re-sale, if an attempted sale is abandoned or the purchase money is not deposited within the prescribed time, and the penalty to be levied against a purchaser who fails so to deposit the purchase money, (e) the period within which an application to set aside a sale under section 105 shall be made, (f) the procedure for the payment to the purchaser of the purchase money and compensation deposited under section 105, (g) the form and method of submission of a report by a co-operative land development bank under sub-section (1) of section 106, (h) the form of sale certificate under section 108, and (i) the procedure for the delivery of possession of the purchased property to the purchaser under section 109; (lxix) the time within which and the procedure according to which property purchased by a co-operative land development bank at a sale of immovable property under Chapter XII shall be disposed of by the bank; (lxx) in respect of a receiver appointed under section 112, the conditions in which he may be appointed or removed, the powers and functions which he may exercise and his procedure in the exercise thereof, and the expenses of management and the remuneration which he may receive; (lxxi) the circumstances in which action may be taken by the bank or the society against the mortgagor under section 114 and the proportion referred to in the explanation to that section; (lxxii) the procedure and conditions for the exercise of the powers conferred by section 115, and for the imposition of restrictions by the Trustee or the Registrar upon a co-operative land development bank or a society under section 119; (lxxiii) the fee payable under section 117; (lxxiv) the procedure and conditions for the exercise of the powers conferred by sections 122 and 123; (lxxv) the procedure for the conditional attachment of property under section 125; 245 The West Bengal Co-operative Societies Act, 1973. [West Ben. Act (Chapter XV1L—Miscellaneous.—Section 142.) (lxxvi) the persons who may make awards under section 126; (lxxvii) the procedure and principles for the conduct of an inquiry under section 127 and the matters referred to in clause (b) of sub-section (1) thereof; (lxxviii) the exercise of the powers conferred by section 128; (lxxix) the procedure and principles for the exercise of the powers conferred by section 129; (Ixxx) the constitution of the Tribunal under section 133; the number and qualifications of the members of the Tribunal and the method of disposal of its business by the Tribunal; (lxxxi) in the case of appeals or reviews lying to the State Government, the authority to which the power of hearing appeals may be delegated; (lxxxii) the method of certification of any document under section 139, the procedure and conditions for obtaining copies of documents and the charges to be levied for the supply of certified or uncertified copies; (lxxxiii) the procedure and conditions for inspecting documents in the office of the Registrar and the charges, if any, to be levied for such inspection; (lxxxiv) the procedure for and method of calculating any costs, charges or expenses required to be levied under this Act or the rules; (lxxxv) the procedure for and method of recovery of any sums due under this Act or the rules; (lxxxvi) the method of communicating or publishing any order, decision or award required to be communicated or published under this Act or the rules. (3) In making any rule under this Act the State Government may direct 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, where the breach is a continuing one, with further fine which may extend to ten rupees for every day after the first during which the breach continues subsequent to such conviction. (4) (a) All rules so made shall be laid for not less than fourteen days in the State Legislature as soon as they are made and shall be subject to such modification, if any, whether by way of repeal or amendment, that a State Legislature may make during the session in which they are so laid or the session immediately following. (b) Any modification made by the State Legislature under clause (a), in the said rules, shall be published by the State Government by notification in the Official Gazette and shall, unless some latter date is specified in such notification in this behalf, come into force on the date of such notification. 246 The West Bengal Co-operative Societies Act, 1973. XXXVIII of 1973.] (First Schedule.) FIRST SCHEDULE Powers exclusively exercisable by the Registrar. (See section 10.) SI. Section. Powers. 1 2 3 1 39(2) To sanction making loan by a co-operative society to any other non-member co-operative society. 2 127(2) To require of any person who has taken part in the organisation or management of a co-operative society or any past or present officer of such society, to contribute to the assets of the society any sum by way of compensation for any payment made, loss incurred or sum not accounted for in consequence of the action of such person or officer, or to restore any property misappropriated or fraudulently retained by such person or officer, and to require such person or officer to pay any sum to meet the costs of proceedings under this section. To impose penalties for certain contravention of the provisions of this Act, the rules or by-laws. To give leave and impose terms for the institution of a suit or other legal proceeding against a liquidator, a co-operative society or any member thereof while such society is being wound up. To sanction the institution of any prosecution under this Act. 3 128 4 132(3) 5 137(3) 247 The West Bengal Co-operative Societies Act, 1973. [West Ben. Act (Second Schedule.) SECOND SCHEDULE Recovery of sums due (See section 130.) Serial No. 1 Nature of sum due. 2 Method of recovery. 3