The Government of West Bengal has constituted the West Bengal Co-operative Tribunal to hear and dispose of appeals arising out of the following orders:-
- Final order of division or transfer of assets and liabilities of a co-operative society u/S. 19 of the Act
- Final order of amalgamation or reorganization of co-operative societies u/S. 20 of the Act
- Order of dissolution of a board of directors or disqualification of directors thereof u/S. 29 of the Act
- Order dissolving a board and appointing administrator u/S. 30 of the Act
- Order of the Registrar in an appeal u/S.85(9) of the Act in the matter of transfer of flat in a co-operative housing society
- Decision or order of a co-operative housing society on an application u/S. 89 of the Act in the matter of letting out of the flat
- Order , decision, or award made u/S. 96 and u/S. 98 of the Act
- Order of winding up of a co-operative society u/S. 99 of the Act
- Order , decision, or award made by a liquidator u/S.101 of the Act
- Order of Registrar u/S. 129 of the Act for payment of compensation or restoration of property
- Order made by Registrar u/S. 130 of the Act for payment of penalty
- Order made by Registrar u/S. 131 of the Act for payment of fine
The Tribunal sits and conducts its hearing at 3rd floor New Secretariat Buildings at 1 Kiran Sankar Roy Road, Kolkata 700001.The tribunal consists of two members appointed from the cadre of the West Bengal Higher Judicial Service and has jurisdiction over affairs of all the co-operative societies having registered offices within the territory of the state. The tribunal
- exercises all the powers conferred upon an Appellate Court by Order XLI in the first schedule to the Code of Civil Procedure, 1908;
- has the power to review its own order if application is made for review by the person aggrieved within ninety days from the date of such order on one or more of the grounds specified in rule 1 of Order XLVII of the Code of Civil Procedure,1908;
- has the power to make interlocutory orders in an appeal or an application for review;
- has the power to hold its sittings at any place within its jurisdiction for the convenience of the parties concerned after previous notice to them; and
- has the power to make regulation laying down its own procedure with the previous approval of the State Government.
The daily affairs of the tribunal are looked after by the Secretary appointed from the State Cadre of the West Bengal Co-operative Service. He performs the following functions:-
- registers the appeal or application for review;
- issues notices to the parties for rectification of defects found in the appeal or application for review and if the defects are not removed within a stipulated time, places the matter before the Tribunal;
- issues notices on all the parties to appear before the Tribunal for hearing and calls for original records from the offices of the Registrar, the State Government or co-operative society as the case may be; and
- issues certified copies of the orders made, decision or judgments delivered by the Tribunal.
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