Bhagawati Prasad Banerjee, J. - (1.) Two interesting questions of law had arisen in this case is whether the period of limitation prescribed in Rule 152 of the West Bengal Co-operative Societies Rules, 1973 was directory and or mandatory and whether after the expiry of the period of limitation as prescribed under Rule 152 of 1973 Rules stand_s automatically extended by repeal of the Old Act and the Rules and the introduction of a Rule 195 in the year 1983 under the New Act.
(2.) This is an appeal against an order of the learned Trial Judge dated 15-5-1991 passed on the writ application wherein the court below rejected the writ application and wherein a point was taken that in view of the provision of Rule 152 of the West Bengal Co-opertive Societies Act, 1974 the Liquidator who was appointed by the Registrar of Co-opertive Societies on 30th of July, 1979 had jurisdiction to take over charge when the said Rule 152 provides that the liquidation proceeding of a society should be concluded within a period of 2 years from the date of the winding up and that there was provision of extension of this period only for a period of another three years had expired. According to the learned Trial after the old Acts and the Rules had been repealed and New Rule 195 had been introduced, wherein it was provided that the liquidation proceeding of a Society should be closed as expeditiously as possible, had kept alive the life of the Liquidator.
(3.) The facts of this case are not in dispute. The petitioner Co-operative Society had been registered on 29th of December, 1976 by the Registrar of Co-opertive Societies Act under the provision of the West Bengal Co-operative Societies Act, 1973 and on 30th of July, 1979 an order was passed for winding up of the said Co-operative Society and a Liquidator was appointed, The members of the said Society made an application for cancellation of the said winding up proceedings which was rejected by the Registrar of Co-operative Societies on 29th of November, 1979. The Liquidator appointed by the Registrar of Co-operative Societies in the said winding up proceeding on 30th July, 1979 was directed by the Registrar of Co-operative Societies to proceed and to take charge of the properties of the Co-operative Societies on 19th of December, 1990. The appellant before'us did not challenge the validity and/ or legality of the winding up proceeding and the orders of appointing of the Liquidators in the year 1979. The order passed by the Registrar rejecting the application for cancellation of the winding up proceeding by an order passed by the Registrar on 29th September, 1979 is not also a subject matter of challenge before us. The only question that has been raised before us is that the winding up proceeding has become barred by the law of limitation prescribed under Rule 152 of the West Bengal Co-operative Societies Rules, 1974. The said Rule 152 of the Societies Rules provides that "the liquidation proceedings of a Society shall be closed within a period of two year from the date of the order of winding up; proviso provided that such period can be extended from time to time, by the Registrar, for reasons to be recorded in writing, by an aggregate period of not more than three years". The West Bengal Co-operative Societies Act and the Rules of 1974 have been repealed by the West Bengal Co-operative Societies Act, 1983 which had come into force on 1st August 1987.;