A.M.Bhattacharjee, J. - (1.) On a reference being made by a Division Bench of this Court, the present rule has been referred to this larger Bench for disposal as according to the referring Bench, the "same involves "a very important question" decision whereon "may lead to far-reaching consequences".
(2.) Under section 86(1) of the West Bengal Co-operative Societies Act, 1973 "any dispute relating to the affairs of a Co-operative Society" was required to be referred to the Registrar if the parties thereto were as specified in clauses (a), (b), (c) and (d) to that sub-section and under section 1312(2) (d) of the said Act, no Civil Court would have any jurisdiction in respect of "any dispute required under section 86 to be referred to the Registrar". The important question, according to the order of reference, is what were the disputes that were required to be so referred to the Registrar under section 86(1)(d) and were accordingly not justiciable in a Civil Court and, the Rule in its entirety having been referred to this Bench for disposal, the further consequential question is whether the dispute involved in the Civil Suit, giving rise to this revisional application, is such a dispute.
(3.) When the order of reference was made in 1985, the Act of 1973 was still in operation and the present Act of 1983, which has replaced the Act of 1973, was yet to come into force which has thereafter come into force with effect from 1st August, 1987. Section 3 of the Act of 1983, while repealing the earlier Act of 1973, has provided in sub-section (2) that "anything done or suffered or action taken (including any suit or proceeding commenced, any dispute decided, any right or title accrued, or any liability or obligation or penalty incurred)" while the preceding Act was in operation, "shall be deemed to have been done or suffered or taken under this Act, as if the provisions of this Act were in force at all material times when such thing was done or suffered or such action was taken". As a result, since the repeal and replacement of the Act of 1973 by the Act of 1983 in 1987, the law to be considered for the present proceeding, including the suit that has given rise to it, is that contained in the new Act of 1983 and we propose to dispose of this Revision with reference to the provisions of the present Act. Be it, however, noted that the relevant provisions material for our present purpose of the Act of 1973 and the Act of 1983 are almost in pari materia. The relevant provisions are sections 86(1) and 132(2) of the Act of 1973, now repealed, and sections 95(1) and 134(2) of the present Act of 1983 and the material portions thereof are reproduced herein below :- Act XXXVIII of 1973 :- "86 ( 1) Any dispute relating to the affairs of a Co-operative Society or of the liquidator of a society shall be referred to the Registrar if the parties, thereto are among the following, namely :- (a) the society, its managing committee, any past or present officer, agent or employee or the liquidator of the society; or (b) a member, past member or person claiming through a member, past member or deceased member of the society; or (c) a surety of a member, past member or deceased member the society, whether such surety is or is not a member of the society; or (d) any other co-operative society or any person (including financing bank) having transactions with the concerned cooperative Society or the liquidator of such society". "132(2) Save as provided in this Act, no Civil or Revenue Court shall have any jurisdiction in respect of - (d) any dispute required under section 86 be referred to the Registrar." ;