Amendment status not verified — confirm the current text below against the official source.
(1) If, in the opinion of the Registrar,— (a) the managing committee of any co-operative society— (i) has persistently made defaults, or has been grossly negligent, in the performance of the duties imposed on it by this Act or the rules or by-laws, or (ii) has committed any act which is prejudicial to the interest of such society or other co-operative societies, Or (iii) has wilfully disobeyed or wilfully failed to comply with any lawful order or direction issued by the State Government or the Registrar; or (b) the affairs and business of a co-operative society have, due to persistent default or negligence in the performance of duties on the part of the members of the managing committee or a section thereof, or otherwise, come to a standstill, the Registrar may, after service of a notice upon such committee and giving such committee an opportunity of being heard, by an order in writing stating reasons therefor, dissolve such committee, the members of which shall forthwith vacate their offices and the Registrar shall appoint one or more administrators to manage the affairs of such society for such period not exceeding two years at a time as may be specified in the order and may also by an order in writing extend the period, so, however, that the total period shall not exceed five years: Provided that if, on receipt of a report from the Registrar, the State Government is of opinion that in view of one or more of the aforesaid circumstances immediate dissolution of the managing committee of a co-operative society is essential in the interest of such society or the co- operative movement in general, the State Government may, without Dissolution of managing committee and appoint- ment of adminis- trator. 173 The West Bengal Co-operative Societies Act, 1973. [West Ben. Act (Chapter 111—Status and management of co-operative societies.—Section 26.) giving such committee any notice, by notification in the Official Gazette giving reasons therefor, dissolve such managing committee the members of which shall forthwith vacate their offices, and the State Government shall appoint one or more administrators to manage the affairs of such society for such period not exceeding two years at a time as may be specified in the order and may also by order extend the period, so, however, that the total period shall not exceed five years: Provided further that no such step towards immediate dissolution of any central bank or co-operative land development bank, or the West Bengal central co-operative land development bank, or the West Bengal State co-operative bank shall be taken by the State Government without consultation with the Reserve Bank. (2) When the Registrar issues a notice upon a co-operative society under sub-section (1), he shall depute an officer of the State Government to the service of such society in connection with the management of its affairs, and the officer of the State Government so deputed shall exercise such powers and perform such duties as the Registrar may specify, and the managing committee of such society shall allow such officer to discharge his duties accordingly. (3) During the tenure of office of the administrator or administrators appointed under sub-section (1) or the proviso thereto,— (a) all properties of the co-operative society shall vest in the Registrar; and (b) subject to the control of the Registrar and notwithstanding the preferrin,, of any appeal under section 134, such administrator or administrators shall exercise all the powers and perform all the duties which may, under this Act, the rules and the by-laws, be exercised or performed by the managing committee or any officer of the society. (4) If at any time during the period, the administrator or administrators appointed by the State Government or the Registrar have been in office, it appears to the State Government or the Registrar, as the case may be, that it is no longer necessary to carry on the affairs of such a society in the manner as aforesaid, the State Government or the Registrar, as the case may be, may, by order in writing giving reasons therefor, direct the administrator or administrators to arrange for the constitution of a new managing committee for such co-operative society in accordance with the by-laws of such society, and immediately on the constitution of such managing committee, the administrator or administrators shall hand over the management of such society to such newly constituted managing committee and cease to function. 174 The West Bengal Co-operative Societies Act, 1973. XXXVIII of 1973.] (Chapter III—Status and management of co-operative societies.—Section 27.) (5) The administrator or administrators shall, before the expiry of his or their term of office, arrange for the constitution of a new managing committee for such co-operative society in accordance with the by-laws of such society. (6) An administrator or administrators appointed, under sub- section (1) or the proviso thereto shall hold office until the managing committee is reconstituted or such appointment is cancelled. (7) In cases where an administrator or administrators have been appointed under sub-section (1) or the proviso thereto, the Registrar shall, by an order, fix the remuneration of the administrator or administrators, as the case may be, and the remuneration so fixed shall be paid out of the funds of the co-operative society whose affairs are managed by such administrator or administrators. (8) Any action taken by the Registrar or the State Government under sub-section (1) shall not be called in question in any Civil Court or High Court.