What does Section 5 of The Bihar Co-operative Societies Act, 1935 say?

Chapter II Registration of Societies
What does Section 5 of The Bihar Co-operative Societies Act, 1935 say?

Chapter II Registration of Societies
The Bihar Co-operative Societies Act, 1935

Q: What does Section 2 of The Bihar Co-operative Societies Act, 1935 say?

(a) 'bye-laws' means the registered bye-laws for the time being in force and includes a registered amendment of the bye-laws; (b) 'Co-operative Federation' means a registered society the main object of which is to co-ordinate and facilitate the activities of other registered societies and to foster the growth of the co-operative movement; [(bb) 'Co-operative Year' means a year beginning with the [1st April] and ending on the [31st March;] [(c) 'financing bank' means the State Bank of India, a na
Raw JSON API
{
    "id": 15757,
    "slug": "bihar-co-operative-societies-act-1935",
    "title": "The Bihar Co-operative Societies Act, 1935",
    "short_title": "The Bihar Co-operative Societies Act, 1935",
    "act_number": "Act 6 of 1935",
    "act_year": 1935,
    "act_type": "STATE",
    "location": "Bihar",
    "law_status": "unknown",
    "enactment_date": "1970-01-01",
    "description": "The Bihar Co-operative Societies Act, 1935",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title and extent.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(a) 'bye-laws' means the registered bye-laws for the time being in force and includes a registered amendment of the bye-laws;\n(b) 'Co-operative Federation' means a registered society the main object of which is to co-ordinate and facilitate the activities of other registered societies and to foster the growth of the co-operative movement;\n[(bb) 'Co-operative Year' means a year beginning with the [1st April] and ending on the [31st March;]\n[(c) 'financing bank' means the State Bank of India, a nationalised Commercial Bank, a State Co-operative Bank, a Co-operative Bank, a Land Development Bank, a Regional Rural Bank or any other bank to be notified by the State Government the objects of which include the creation of funds out of which money is to be lent to the co-operative societies or other institutions or both;]\n[(cc) \"Government\" means State Government of Bihar.] (d) 'liquidator' means a person or persons appointed by the Registrar under sub-section (1) of Section 44 to wind up the affairs of a registered society; (e) 'managing committee' means the committee of management or other body to whom the management of the affairs of a registered society is entrusted; (f) 'member' includes a person joining in the application for the registration of a society and a person admitted to membership after registration in accordance with the rules and the bye-laws of such society; [(ff) 'Multi-purpose Co-operative Society' is a primary society formed for providing more than one type of service to its members and includes a society registered as a Cane-growers' Co-operative Society;] [(fff) 'nominal or associate member' means a member who possesses such privileges or rights of a member of a society, and who is subject only to such liabilities of a member as may be specified by the bye-laws;] (g) \"Officer\" includes a Chairman, Secretary, Treasurer, member of a managing committee or any other person empowered by or under this Act, or the rules or the bye-laws of registered society to give direction in regard to the business of the Society; [(gg) 'Office-bearer of a managing committee' means and includes the Chairman, the Vice-Chairman, the Secretary, the Joint Secretary, the Treasurer or any such functionary by whatever name he may be designated;] [(ggg) 'primary society' is a society of which no member is a registered society;] [(gggg) 'Primary agricultural credit society' means a co-operative society, the primary object of which is to render assistance, financial or otherwise, to farmers, rural artisans and agricultural labourers and includes farmers service society and multipurpose co-operative society;] (h) 'registered society' means a society registered or deemed to be registered under this Act; (i) 'Registrar' means a person appointed to perform the duties of Registrar of Co-operative Societies under this Act; (j) 'rules' means rules under this Act. [(k) \"Family\" means husband, wife and their dependent sons and unmarried daughters as unit.] [(l) \"Short Term Co-operative Credit Structure\" includes the State Cooperative Bank, Central Co-operative Banks and the Primary Agricultural Credit Societies. (m) \"National Bank\" means the National Bank for Agriculture and Rural Development established under Section-3 of National Bank for Agriculture and Rural Development Act, 1981 (Act 61 of 81). (n) \"Reserve Bank\" means Reserve Bank of India established under Section-3 of the Reserve Bank of India Act, 1934 (Act No. 2 of 34). (o) \"Affiliating Society\" means a registered society of which another registered society is a member; and \"affiliated society\" means a registered society, which is a member of an \"affiliating society\". (p) \"Panchayat\" means the Gram Panchayat notified as per Section-11 of the Bihar Panchayati Raj Act, 2006 and amendments made thereto from time to time.] 3. Indian Companies Act, [1913] not to apply. - The provisions of the [Indian Companies Act, 1913 [7 of 1913] shall not apply to registered societies.\n(d) 'liquidator' means a person or persons appointed by the Registrar under sub-section (1) of Section 44 to wind up the affairs of a registered society;\n(e) 'managing committee' means the committee of management or other body to whom the management of the affairs of a registered society is entrusted;\n(f) 'member' includes a person joining in the application for the registration of a society and a person admitted to membership after registration in accordance with the rules and the bye-laws of such society;\n[(ff) 'Multi-purpose Co-operative Society' is a primary society formed for providing more than one type of service to its members and includes a society registered as a Cane-growers' Co-operative Society;]\n[(fff) 'nominal or associate member' means a member who possesses such privileges or rights of a member of a society, and who is subject only to such liabilities of a member as may be specified by the bye-laws;]\n(g) \"Officer\" includes a Chairman, Secretary, Treasurer, member of a managing committee or any other person empowered by or under this Act, or the rules or the bye-laws of registered society to give direction in regard to the business of the Society;\n[(gg) 'Office-bearer of a managing committee' means and includes the Chairman, the Vice-Chairman, the Secretary, the Joint Secretary, the Treasurer or any such functionary by whatever name he may be designated;]\n[(ggg) 'primary society' is a society of which no member is a registered society;]\n[(gggg) 'Primary agricultural credit society' means a co-operative society, the primary object of which is to render assistance, financial or otherwise, to farmers, rural artisans and agricultural labourers and includes farmers service society and multipurpose co-operative society;]\n(h) 'registered society' means a society registered or deemed to be registered under this Act;\n(i) 'Registrar' means a person appointed to perform the duties of Registrar of Co-operative Societies under this Act;\n(j) 'rules' means rules under this Act.\n[(k) \"Family\" means husband, wife and their dependent sons and unmarried daughters as unit.]\n[(l) \"Short Term Co-operative Credit Structure\" includes the State Cooperative Bank, Central Co-operative Banks and the Primary Agricultural Credit Societies.\n(m) \"National Bank\" means the National Bank for Agriculture and Rural Development established under Section-3 of National Bank for Agriculture and Rural Development Act, 1981 (Act 61 of 81).\n(n) \"Reserve Bank\" means Reserve Bank of India established under Section-3 of the Reserve Bank of India Act, 1934 (Act No. 2 of 34).\n(o) \"Affiliating Society\" means a registered society of which another registered society is a member; and \"affiliated society\" means a registered society, which is a member of an \"affiliating society\".\n(p) \"Panchayat\" means the Gram Panchayat notified as per Section-11 of the Bihar Panchayati Raj Act, 2006 and amendments made thereto from time to time.]",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Indian Companies Act, [1913] not to apply.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Saving of existing societies.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Construction of references to Co-operative Societies Act, 1912 in enactments.",
            "chapter": null,
            "content": "Chapter II\nRegistration of Societies",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. The Registrar.",
            "chapter": null,
            "content": "(a) on any person appointed under sub-section (1), to assist the Registrar, all or any of the powers of the Registrar under the Act except the powers under Section 26, [x x x] [and]\n[(b) on any Co-operative Federation or Financing Bank all or any of the powers of the Registrar under Section 20, sub-section (3) of Section 28, Section 33, Section 34, Section 35 and Section 36.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Societies which may be registered.",
            "chapter": null,
            "content": "(a) the liability of a society of which a member is a registered society shall be limited: and\n(b) the liability of a society of which the primary object is the creation of funds to be lent to its members, and of which the majority of the members are agriculturists, and of which no member is a registered society, shall be unlimited.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Conditions of registration.",
            "chapter": null,
            "content": "(a) reside in the same town or village or in the same group of villages; or\n(b) save where the Registrar otherwise directs, are members of the same tribe, class or occupation.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Application for registration.",
            "chapter": null,
            "content": "[(a) if none of the applicants is a registered society by at least ten persons or less number of persons qualified in accordance with the requirements of sub-section (1) or sub-section (1-A) of Section 8]\n(b) if any of the applicants is a registered society, by a duly authorised person on behalf of every such registered society, and where all the members of the society are not registered societies by ten other members or, where there are less than ten other members, by all of them.\n(a) Four copies of the proposed bye-laws of the Cooperative Society as adopted by the founder members\n(b) A list containing names of members with their address, occupation and share participation.\n(c) A list containing names of the persons of first Board as elected by the founder members.\n(d) True copy of the resolution of the meeting duly signed by the Chairman in which the Bye Laws have been adopted.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Power of Registrar to decide certain questions.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Registration.",
            "chapter": null,
            "content": "[11A. Registration of societies not registered under this Act.\n[11B.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Evidence of registration.",
            "chapter": null,
            "content": "Chapter II\nIncorporation, Duties and Privileges of Registered Societies",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Societies to be bodies corporate.",
            "chapter": null,
            "content": "[13A. Promotion of Co-operative movement by Government.\n(a) with a view to aid the growth of a registered society in general or of any class of registered societies subscribe directly to the share capital of a registered society;\n(b) assist indirectly in the formation and augmentation of the share capital of a registered society;\n(c) give loans or make advances to a registered society or guarantee repayment of principal and payment of interest on debentures issued by a registered society or guarantee repayment of principal and payment of interest on loans or advances to a registered society.]\n[13B. Display of Name.\n(a) Every information and authorised publication;\n(b) All contracts, business letters, indents, invoice, Statements of accounts, Money receipts, Vouchers etc :\n(c) All Bills of Exchange, Promissory Notes, Endorsements, Cheques and pay orders which are signed by it or on its behalf.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Registered societies to have a managing committee etc.",
            "chapter": null,
            "content": "(i) to have general control over the administration of the registered society;\n(ii) to convene meetings of the managing committee;\n(iii) to receive all moneys and securities on behalf of the registered society and to make arrangement for the proper maintenance and custody of cash balances and other properties of the registered society;\n(iv) to endorse and transfer promissory notes, Government and other Securities and to endorse, sign and negotiate cheques and other negotiable instrument on behalf of the registered society.\n(v) to be responsible for the general conduct, supervision and management of the day-to-day business and affairs of the registered society;\n(vi) to sign all deposits, receipts and operate the accounts of the registered society with Bank;\n(vii) to sign all bonds and agreements on behalf of the registered society;\n(viii) to determine the powers, duties and responsibilities of the employees of the registered society;\n(ix) to appoint, promote, transfer, punish, suspend, remove or dismiss any paid employee of the registered society except to the extent of the powers vested in the managing committee under the bye-laws of the registered society;\n(x) to institute, conduct, defend, compound or to withdraw any suit or other legal proceedings for or against the registered society and also to compound and allow time for payment to satisfaction of any claims;\n(xi) to delegate all or any of the powers to an employee or employees of the registered society subject to his control and supervision.\n(a) a copy of this Act,\n(b) a copy of the Rules governing such society\n(c) a copy of the by-laws of such society; and\n(d) a register of its members;\n[14A. Election to the Managing Committee of certain registered societies.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Restrictions on borrowing.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Restrictions on lending.",
            "chapter": null,
            "content": "(a) make a loan to any person other than a member, or\n(b) lend money on the security of movable property.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Restrictions on other transactions with non-member.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Reserve Fund.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Investment of fund.",
            "chapter": null,
            "content": "(a) in a Government Savings Bank or\n(b) in its own financing Bank or\n(c) in any of the securities specified in Section 20 of Indian Trust Act, 1882 (2 of 1882)\n(d) in securities specified by Reserve Bank of India, or\n(e) with the general or special sanction of the Registrar and on such conditions as he may impose.\n(i) In shares or securities of any other registered societies.\n(ii) In any Scheduled Bank or with the sanction of the Registrar in other registered societies carrying Banking business.\n(f) may invest or deposit in any other mode permitted by the Rules.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "20. Contribution to charitable purpose.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "21",
            "title": "21. Restrictions on division of funds.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "22",
            "title": "22. Charge and set off in respect of shares or interest of members.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "23",
            "title": "23. Prior claim of society.",
            "chapter": null,
            "content": "(a) if the demand is due in respect of the supply of or any loan granted for the purchase of seed or manure upon the crops or other agricultural produce of such member or past member or belonging to the estate of such deceased member, at any time within two years from the date on which the last instalment of such supply or loan shall become repayable.\n(b) if the demand is due in respect of the supply of or of any loan granted for the purchase of cattle, fodder for cattle, agriculture or industrial implements or machinery or raw materials for manufacture any upon cattle or thing so supplied, or purchased, the whole or any part from any such loan or upon any articles manufactured from raw materials so supplied or purchased.\n[23A. Application of section 23 to non-members.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "24",
            "title": "24. Transfer of interest on death of a member.",
            "chapter": null,
            "content": "(i) In the case of a society with unlimited liability, such nominee, heir or legal representative as the case may be, may require payment by the society of the value of the share or interest of the deceased member ascertained as aforesaid, after, deducting the amount of any charge existing under Section 22;\n(ii) in the case of a society with limited liability, the society shall transfer, subject to any charge existing under Section 22, the share or interest of the deceased member to such nominee, heir or legal representative, as the case may be, being qualified in accordance with the Rules and bye-laws for membership of the society or on his application within three months of the death of the deceased member, to any person specified in the application who is so qualified:\n[24A. Power of Registrar to sanction compromise between a registered society and its creditors.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "25",
            "title": "25. Amendment of the bye-laws of a registered society.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "26",
            "title": "26. Power of Registrar to direct amendment of the bye-laws of a registered society.",
            "chapter": null,
            "content": "Chapter IV\nRights and Liabilities of Members of Registered Societies",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "27",
            "title": "27. Member not to exercise rights till due payment made.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "28",
            "title": "28. Votes of members.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "29",
            "title": "29. Restriction on holding of members.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "30",
            "title": "30. Share or interest not liable to attachment.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "31",
            "title": "31. Restrictions on transfer of share or interest.",
            "chapter": null,
            "content": "(a) he has held such share or interest for not less than one year; and\n(b) the transfer charge is made to the society or to a member of society or to a person whose application for membership has been accepted by the society.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "32",
            "title": "32. Liability of a past member and of the estate of a deceased member.",
            "chapter": null,
            "content": "Chapter V\nAudit and Inspection",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "33",
            "title": "33. Audit.",
            "chapter": null,
            "content": "(a) every transaction which appears to the auditor to be contrary to law or to the rules or by-laws of the society;\n(b) the amount of any deficiency or loss which appears to have been incurred by the culpable negligence or misconduct of any person;\n(c) the amount of any sum which ought to have been but has not been brought into account by any person; and\n(d) any money or property belonging to the society which has been misappropriated or fraudulently retained by any person taking part in the organization or management of the society or by any past or present officer of the society or by any other person.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "34",
            "title": "34. Inspection by Registrar.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        },
        {
            "number": "35",
            "title": "35. Inquiry by Registrar.",
            "chapter": null,
            "content": "(a) require an officer of the society to call a general meeting at such time and place at the headquarters of the society, and require the society to take into consideration such matters, as he may direct, and\n(b) if the officer of society refuses or fails to call such a meeting or if there be no quorum at a meeting so convened, call such meeting himself by giving notice to the members in such a way as he may consider reasonable, notwithstanding any Rules or bye laws prescribing the period of notice for calling a general meeting of the society. Any meeting so convened by the Registrar or the person authorised by him under sub-section (1) shall have all the powers of a general meeting convened under the bye-laws of the society.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 34
        },
        {
            "number": "36",
            "title": "36. Inspection of books by Registrar.",
            "chapter": null,
            "content": "(a) satisfies the Registrar that the debt is a sum then due, and that he has demanded payment thereof and has not received satisfaction within a reasonable time; and\n(b) deposits with the Registrar such sum as security for the costs of the proposed inspection as the Registrar may require.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 35
        },
        {
            "number": "37",
            "title": "37. Inspection of books by financing bank.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 36
        },
        {
            "number": "38",
            "title": "38. Power to call for documents and to issue summons.",
            "chapter": null,
            "content": "(a) shall at all reasonable time have free access to the books, accounts, documents, securities, cash and other properties belonging to, or in the custody of the society and may summon any person in possession of or responsible for the custody of any such books, accounts, documents, securities, cash or other properties, to produce the same at the office of the society or at any branch thereof or except in the case of a financing bank, at any place at its headquarters; [* * *]\n(b) may summon any person who, has reason to believe has knowledge of any of the affairs of the society to appear before him at the office of the society or, at any branch thereof or except in the case of a financing bank, at any place at its headquarters, and may examine such person on oath; [and]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 37
        },
        {
            "number": "39",
            "title": "39. Cost of inquiry and inspection.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 38
        },
        {
            "number": "40",
            "title": "40. Surcharge.",
            "chapter": null,
            "content": "(a) made any payment which is contrary to law or to the rules or bye laws of the society, [or against the directions or instructions of the financing bank for which the society is acting as agent under sub-section (3) of Section 16] , or\n(b) by reason of his culpable negligence or misconduct, involved the society, [or the financing bank for which it is acting as agent under sub-section (3) of Section 16] in any loss or deficiency, or\n(c) failed to bring into account any sum which ought to have been brought into account, or 5\n(d) misappropriated or fraudulently retained any property of the society [or of the financing bank which it is acting as agent under sub-section (3) of Section 16]\nChapter VI\nDissolution of Managing Committee\n[41. Dissolution of Managing Committee.\n(a) majority of the members,and elected office-bearers of the Managing Committee of a registered society resign from their respective membership or office; or,\n(b) half the total number of seats",
            "footnote": "",
            "is_definition": false,
            "sort_order": 39
        },
        {
            "number": "42",
            "title": "42. Winding up order.",
            "chapter": null,
            "content": "(a) after an inquiry has been held under section 35 or an inspection made under section 34, section 36 or section 37, or on receipt of an application made by three-fourth of the members of the society, or of his own motion, in the case of a society that has not commenced working or has ceased working, he is of opinion that the society ought to be dissolved, or\n(b) it is a condition of the registration of the society that it should consist of at least ten members who have attained the age of eighteen years, and it is proved to the satisfaction of the Registrar that the number of members has been reduced to less than ten.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 40
        },
        {
            "number": "43",
            "title": "43. Appeal against the order of winding up.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 41
        },
        {
            "number": "44",
            "title": "44. Liquidation and dissolution.",
            "chapter": null,
            "content": "(a) to institute and defend suits and other legal proceedings on behalf of the society by his name of office;\n(b) to determine and realise all sums due to the society from any person;\n(c) to determine from time to time, subject to the provisions of section 32, the contribution to be made or remaining to be made by the members or past members or by the estates or nominees, heirs or legal representatives of deceased members or by any officers or former officers, to the assets of the society and from time to time, to revise any order of contribution until the winding up is completed, and to realise such contribution;\n(d) to investigate all claims against the society and subject to the provisions of this Act, to decide questions of priority arising between claimants after giving an opportunity of being heard to all the creditors;\n(e) to pay claims against the society (including interest) up to the date of the publication in the Official Gazette of the notification ordering the winding up of the society according to their respective priorities, if any, in full or rateably as the assets of the society permit; and to apply the surplus, if any, remaining after payment of the claims in full, in payment of interest from the said date of a rate fixed by him but not exceeding in any case the rate agreed to be paid by the society;\n(f) to make any compromise or arrangement with persons between whom and the society there exists any dispute or to refer any such dispute to arbitration;\n(g) to determine by what persons and in what proportions the cost of the liquidation are to be borne; and\n(h) to give such directions in regard to the collection and distribution of the assets of the society as may appear to him to be necessary for winding up the affairs of the society:\n[Chapter VI-A]\nLand Development Banks",
            "footnote": "",
            "is_definition": false,
            "sort_order": 42
        },
        {
            "number": "44A",
            "title": "44A. Definitions.",
            "chapter": null,
            "content": "(a) 'Board' means the managing committee of the State Co-operative Land Development Bank;\n(b) 'Land Development Bank' includes the State Co-operative Land Development Bank and the Primary Co-operative Land Development Bank;\n(c) 'Prescribed' means prescribed by rules made under this Chapter;\n(d) 'Primary Co-operative Land Development Bank' means a registered society of that name;\n(e) 'State Co-operative Land Development Bank' means registered society of that name, registered under section 11, and includes the Bihar State Co-operative Land Mortgage Bank Ltd. registered as such under section 11; and\n(f) 'Trustee' means the Trustee referred to in section 44-C.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 43
        },
        {
            "number": "44B",
            "title": "44B. Applications of Chapter to Land Development Banks.",
            "chapter": null,
            "content": "(i) land improvement and productive purposes;\n(ii) the redemption of mortgages on lands;\n(iii) the redemption of mortgages on other valuable immovable property subject to such conditions as may be prescribed;\n(iv) the liquidation of debts of agriculturists subject to such restrictions as may be prescribed;\n(v) the purchase or acquisition of title to agricultural lands by tenants; or\n(vi) the erection, re-building or repairing of houses for agricultural purposes.\n(a) construction and repair of wells (including tube-well, tanks and other works) for the storage, supply or distribution of water for the purpose of agriculture or for the use of men and cattle employed in agriculture;\n(b) renewal or reconstruction of any of the foregoing work;\n(c) preparation of land for irrigation;\n(d) drainage, reclamation from river or other waters or protection from floods or from erosion or other damage by water, of land used for agricultural purposes or waste land which is cultivable;\n(e) banding and similar improvements;\n(f) reclamation, clearance and enclosure of permanent Improvement of land for agricultural purposes;\n(g) horticulture:\n(h) purchase of oil-engines, pumping sets and electrical motors for any of the purposes mentioned herein;\n(i) purchase of tractors or other agricultural machinery;\n(j) increase of the productive capacity of land by addition to it of special variety of soil;\n(k) construction of permanent farm-house, cattle sheds and sheds for processing of agricultural produce at any stage;\n(l) purchase of machinery for crushing sugarcane, manufacturing gur or Khandsari sugar or sugar;\n(m) purchase of land for consolidation of holdings;\n(n) digging canals;\n(nn) the establishment of poultry, fishery, dairy, piggery and sheep preparing, etc. and\n(o) such other purposes as the State Government may, from time to time, by notification in the official Gazette declare to be improvement or productive purpose for the purposes of this Chapter.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 44
        },
        {
            "number": "44C",
            "title": "44C. Appointment of Trustee and his powers and functions.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 45
        },
        {
            "number": "44D",
            "title": "44D. Trustee to be a corporation sole.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 46
        },
        {
            "number": "44E",
            "title": "44E. Issue of debenture by the Board.",
            "chapter": null,
            "content": "(a) the amounts due on the mortgages:\n(b) the value of the properties and other assets transferred or deemed to have been transferred under section 44-J to the State Co-operative Land Development Bank and subsisting at such time;\n(c) the amounts paid under the mortgages aforesaid and remaining in the hands of the Board or of the Trustee at that time;\n(d) the amount due on the Government guarantee on the basis of which loans have been issued to corporate bodies.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 47
        },
        {
            "number": "44F",
            "title": "44F. Vesting of mortgaged property in the Trustee and floating charge of debenture holders.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 48
        },
        {
            "number": "44G",
            "title": "44G. Guarantee by the State Government of principal and interest on debentures.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 49
        },
        {
            "number": "44H",
            "title": "44H. Priority of mortgage, over claims.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 50
        },
        {
            "number": "44I",
            "title": "44I. Right of Land Development Bank to purchase mortgaged property.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 51
        },
        {
            "number": "44J",
            "title": "44J. Mortgages executed in favour of Land Development Bank to stand vested in Trustee.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 52
        },
        {
            "number": "44K",
            "title": "44K. Power of Primary Land Development Bank to receive money and grant discharge.",
            "chapter": null,
            "content": "(a) all moneys due under the mortgage shall, in the absence of any specific direction to the contrary issued by the Board of Trustee and communicated to the mortgagor, be payable to the Primary Land Development Bank and such payment shall be as valid as if the mortgage had not been so transferred; and\n(b) the Primary Land Development Bank shall, in the absence of any specific direction to the contrary, issued by the Board of Trustee and communicated to the Primary Land Development Bank, be entitled to sue on the mortgage or take any other proceeding, including a proceeding under this Act, for the recovery of the moneys due under the mortgage.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 53
        },
        {
            "number": "44L",
            "title": "44L. Registration of mortgage in favour of Land Development Bank.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 54
        },
        {
            "number": "44M",
            "title": "44M. Power of Land Development Bank to pay prior debts of mortgagors and secure consequential reliefs.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 55
        },
        {
            "number": "44N",
            "title": "44N. Powers of Land Development Bank to advance loans and to hold lands.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 56
        },
        {
            "number": "44O",
            "title": "44O. Public notice for entertaining objection.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 57
        },
        {
            "number": "44P",
            "title": "44P. Mortgage executed by managers of Hindu joint families or natural or legal guardians of minors or disabled persons.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 58
        },
        {
            "number": "44Q",
            "title": "44Q. Order granting loan conclusive of certain matters.",
            "chapter": null,
            "content": "(a) that the work described or the purpose for which the loan is granted, is an improvement or productive purpose, as the case may be, within the meaning of section 44-B;\n(b) that the person had on the date of the order a right to make such improvement or incur expenditure for such productive purpose, as the case may be; and\n(c) that the improvement is one benefiting the land specified and the productive purpose concerns the land offered as security or any part thereof as may be relevant.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 59
        },
        {
            "number": "44R",
            "title": "44R. Recovery of loan by Land Development Bank.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 60
        },
        {
            "number": "44S",
            "title": "44S. Collector to make recoveries during certain period.",
            "chapter": null,
            "content": "(a) from the borrower as if they were in arrears of land revenue due by him.\n(b) out of the land for the benefit of which the loan has been granted as if they were arrears of land revenue in respect of that land.\n(c) from a surety, if any, as if they were arrears of land revenue due by him;\n(d) out of the property comprised in the collateral security, if any according to the procedure for the realisation of land revenue by the sale of immovable property other than the land on which the revenue is due.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 61
        },
        {
            "number": "44T",
            "title": "44T. Distraint and sale.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 62
        },
        {
            "number": "44U",
            "title": "44U. Powers of sale when to be exercised.",
            "chapter": null,
            "content": "(a) the Board has previously authorised the exercise of the power conferred by sub-section (1) after considering the representation, if any, of the mortgagor;\n(b) the registered notice requiring payment of such mortgage money or part thereof has been served upon-\n(i) the mortgagor;\n(ii) any person who has any interest in, or charge upon the property mortgaged or in or upon the right to redeem the same;\n(iii) any surety for the payment of the mortgage debt or any part there of; and\n(iv) any creditor of the mortgagor who has in a suit for the administration of his estate obtained a decree for sale of the mortgaged property; and\n(c) default has been made in payment of such mortgage money or part thereof, for three months after service of notice in this behalf,",
            "footnote": "",
            "is_definition": false,
            "sort_order": 63
        },
        {
            "number": "44V",
            "title": "44V. Powers of Land Development Bank where mortgaged property is destroyed or security becomes insufficient.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 64
        },
        {
            "number": "44W",
            "title": "44W. Power of the Board or Trustee to take action against defaulters.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 65
        },
        {
            "number": "44X",
            "title": "44X. Confirmation of sale.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 66
        },
        {
            "number": "44Y",
            "title": "44Y. Disposal of sale proceeds.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 67
        },
        {
            "number": "44Z",
            "title": "44Z. Certificates of purchase, delivery of property and title to purchaser.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 68
        },
        {
            "number": "44AA",
            "title": "44AA. Title of purchaser not to be questioned on ground of irregularities, etc.",
            "chapter": null,
            "content": "(a) the circumstances required for authorising the sale had not arisen,\n(b) due notice of the sale was not given, or\n(c) the power of sale was otherwise improperly or irregularly exercised; but any person who has suffered any damage by an unauthorised, improper or irregular exercise of such power is entitled to have a remedy in damage against the Land Development Bank.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 69
        },
        {
            "number": "44AB",
            "title": "44AB. Mortgage not to be questioned on insolvency of mortgagor.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 70
        },
        {
            "number": "44AC",
            "title": "44AC. Appointment of receiver and his powers.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 71
        },
        {
            "number": "44AD",
            "title": "44AD. Restrictions on leases.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 72
        },
        {
            "number": "44AE",
            "title": "44AE. Registration of documents executed on behalf of a Land Development Bank.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 73
        },
        {
            "number": "44AF",
            "title": "44AF. Delegation of certain powers by Board.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 74
        },
        {
            "number": "44AG",
            "title": "44AG. Provisions of the Transfer of Property Act, 1882 to apply to notice under this Chapter.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 75
        },
        {
            "number": "44AH",
            "title": "44AH. Board's power of supervision over Primary Co-operative Land Development Banks.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 76
        },
        {
            "number": "44AI",
            "title": "44AI. Power to make rules.",
            "chapter": null,
            "content": "(a) the manner of effecting distraint under this Chapter, the custody, preservation and sale of distrained property, immediate sale of perishable articles where such articles are distrained;\n(b) conduct of the sale of the property mortgaged to Land Development Banks, appointment of sales officers, recovery of expenses of such sale, deposit of the purchase money in connection therewith and resale of the mortgaged property where purchase money is not deposited in sale proceedings:\n(c) submission of returns and reports by Primary Co-operative Land Development Bank to the State Co-operative Land Development Bank in respect of their transactions periodical statement of accounts between the Primary Co-operative Land Development Banks and the State Co-operative Land Development Bank, payment of amount recovered by the Primary Co-operative Land Development Bank on mortgages transferred to the State Co-operative Land Development Banks the form in which application to Land Development Banks for loans may be made, the properties offered as security for such loans the investment of money realised by Land Development Banks from the mortgagors and' matters generally relating to the conduct of business of Land Development Banks: and\n(d) all matters expressly required or allowed in this Chapter to be prescribed by Rules.\n[Chapter VI-B]\nCo-operative Banks,",
            "footnote": "",
            "is_definition": false,
            "sort_order": 77
        },
        {
            "number": "44AJ",
            "title": "44AJ. Application of the Chapter to Co-operative Banks.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 78
        },
        {
            "number": "44AK",
            "title": "44AK. Division, amalgamation, compromise, etc.",
            "chapter": null,
            "content": "(i) for the re-construction of the Co-operative Bank; or\n(ii) for its amalgamation with any other Co-operative Bank (herein referred to as the transferee Bank).",
            "footnote": "",
            "is_definition": false,
            "sort_order": 79
        },
        {
            "number": "44AL",
            "title": "44AL. Supersession of Managing Committee of Co-operative Bank.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 80
        },
        {
            "number": "44AM",
            "title": "44AM. Reserve Bank's sanction or requisition for winding up order.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 81
        },
        {
            "number": "44AN",
            "title": "44AN. Reimbursement to Deposit Insurance Corporation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 82
        },
        {
            "number": "44AO",
            "title": "44AO. Finality of the Reserve Bank's sanction or requisition.",
            "chapter": null,
            "content": "(i) an order for the winding up of the co-operative bank is made, or\n(ii) in respect of which a scheme of compromise or arrangement or of reconstruction or amalgamation is made; or\n(iii) in respect of which an order for the supersession of its managing committee or other managing body (by whatever name called) and the appointment of an administrator therefor has been made, no appeal or revision or review there against shall lie or be permissible and such sanction or requisition of the Reserve Bank shall not be liable to be called in question in any manner.\n[Chapter VI-C]\nSpecial provisions for primary agricultural credit society, farmers service society and multipurpose co-operative society",
            "footnote": "",
            "is_definition": false,
            "sort_order": 83
        },
        {
            "number": "44AP",
            "title": "44AP. Provisions of this Chapter to apply to Agricultural Credit Society.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 84
        },
        {
            "number": "44AQ",
            "title": "44AQ. Power of Registrar to order liquidation of Societies and amalgamation of several Societies.",
            "chapter": null,
            "content": "(b) Notwithstanding anything to the contrary contained in this Act, if the area of a Primary Agriculture Credit Society is found not to be that of a panchayat as provided under sub-clause (a) of this subsection, the Registrar or an officer authorized by Registrar to act on his behalf, who shall not be below the rank of Assistant Registrar, may order for reorganization including amalgamation or division of one or more such societies as the case may be and register the new society/societies after such reorganisation.\n(b) Notwithstanding anything contrary in the Act, upon the constitution of the new Managing Committee after elections under clause (a), the Managing Committee of all such affiliating societies of which a primary agriculture credit society is a member or federation of such affiliating societies, shall be reconstituted, as per provisions contained in this Act for constitution of the Managing Committee of such societies.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 85
        },
        {
            "number": "44AR",
            "title": "44AR. Appeal from the order of the Registrar.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 86
        },
        {
            "number": "44AS",
            "title": "44AS. Election of new society formed after amalgamation.",
            "chapter": null,
            "content": "[Chapter VI-D]\nSpecial Provisions applicable to societies in Short Term Co-operative Credit Structure",
            "footnote": "",
            "is_definition": false,
            "sort_order": 87
        },
        {
            "number": "44AT",
            "title": "44AT. Over-riding effect of Chapter VI-D.",
            "chapter": "Chapter VI",
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 88
        },
        {
            "number": "44AU",
            "title": "44AU. Ensuring membership of Primary Agricultural credit society to depositors and borrowers.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 89
        },
        {
            "number": "44AV",
            "title": "44AV. Autonomy in all financial and internal administrative matters.",
            "chapter": null,
            "content": "(a) Interest rates on deposits and loans in conformity with Reserve Bank guidelines,\n(b) Borrowing and investments,\n(c) Loan policies and individual loan decisions,\n(d) Personnel policy, staffing, recruitment, posting and compensation to staff, and\n(e) Appointment of auditors and compensation for the audit and internal control system.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 90
        },
        {
            "number": "44AW",
            "title": "44AW. Limit on State Government's subscription.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 91
        },
        {
            "number": "44AX",
            "title": "44AX. Restriction on number of Government Nominees.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 92
        },
        {
            "number": "44AY",
            "title": "44AY. Membership of an affiliating society.",
            "chapter": null,
            "content": "(b) A co-operative society under the Short Term Co-operative Credit Structure registered under the Bihar Self Supporting Co-operative Societies Act, 1996 may become the member of an affiliating society registered under this Act in accordance with the procedure to be prescribed and notified by the Government.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 93
        },
        {
            "number": "44AZ",
            "title": "44AZ. Restriction regarding area of operation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 94
        },
        {
            "number": "44BA",
            "title": "44BA. Freedom of investment and deposit.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 95
        },
        {
            "number": "44BB",
            "title": "44BB. Freedom of borrowings.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 96
        },
        {
            "number": "44BC",
            "title": "44BC. Guidelines for payment of dividend by Primary Agricultural Credit Society.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 97
        },
        {
            "number": "44BD",
            "title": "44BD. Contribution to any fund.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 98
        },
        {
            "number": "44BE",
            "title": "44BE. Disqualification of members of the Managing Committee to State Co-operative Bank or Central Co-operative Bank.",
            "chapter": null,
            "content": "(a) such person is not a member of the society, or\n(b) such person is in default to the society or any other registered society in respect of any loan taken by him or has any dues of the society on the date of filing of nomination, or\n(c) he has directly or indirectly, any interest in any subsistent contract made with the society or in any property sold or purchased by the society or in any other transaction of the society, except in any investment made in, or any loan taken from the society,\n(d) he has any proceeding for surcharge relating to any registered society pending against him;\n(e) he has a criminal proceeding relating to any transaction of a registered society pending against him in which cognizance has been taken.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 99
        },
        {
            "number": "44BF",
            "title": "44BF. Supersession of Short Term Co-operative Credit Structure.",
            "chapter": null,
            "content": "(a) if a society incurs losses for three consecutive years, or\n(b) if serious financial irregularities or frauds have been identified, or\n(c) if there are judicial directives to this effect, or\n(d) if there is lack of quorum for three consecutive meetings.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 100
        },
        {
            "number": "44BG",
            "title": "44BG. Elections.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 101
        },
        {
            "number": "44BH",
            "title": "44BH. The Prudential norms.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 102
        },
        {
            "number": "44BI",
            "title": "44BI. Removal of Directors and Chief Executive Officers.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 103
        },
        {
            "number": "44BJ",
            "title": "44BJ. Co-option of professionals in Managing Committee of State Co-operative Bank and Central Co-operative Bank.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 104
        },
        {
            "number": "44BK",
            "title": "44BK. Audit of accounts.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 105
        },
        {
            "number": "44BL",
            "title": "44BL. Special audit of State Co-operative Bank or Central Co-operative Bank.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 106
        },
        {
            "number": "44BM",
            "title": "44BM. Restriction of using word \"Bank1 by the Primary Agricultural Credit Society.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 107
        },
        {
            "number": "44BN",
            "title": "44BN. Abolition of Cadre system.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 108
        },
        {
            "number": "44BO",
            "title": "44BO. Winding up of State Co-operative Bank or Central Co-operative Bank.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 109
        },
        {
            "number": "44BP",
            "title": "44BP. Implementation of regulatory prescriptions of Reserve Bank.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 110
        },
        {
            "number": "44BQ",
            "title": "44BQ. Exemption by the State Government.",
            "chapter": null,
            "content": "Chapter VII\nPenalties and Procedure,",
            "footnote": "",
            "is_definition": false,
            "sort_order": 111
        },
        {
            "number": "45",
            "title": "45. Offences.",
            "chapter": null,
            "content": "(a) an officer or member of a registered society [or any person appointed under sub-section (2) of Section 41] intentionally neglects or refuses to do any act required to be done, or to furnish any information required to be furnished, by this Act or by any rule; or\n(b) an officer or member of a registered society [or any person appointed under sub-section (2) of Section 41] wilfully makes a false return or furnishes false information.\n[45A.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 112
        },
        {
            "number": "45B",
            "title": "45B. Production of records by the Secretary or person incharge of the office of a Co-operative Society.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 113
        },
        {
            "number": "46",
            "title": "46. Prohibition of the use of the word 'co-operative'.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 114
        },
        {
            "number": "47",
            "title": "47. Cognizance of offences.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 115
        },
        {
            "number": "48",
            "title": "48. Disputes.",
            "chapter": null,
            "content": "(a) amongst members, past members, persons claiming through members, past members or deceased members, and sureties of members, past members or deceased members, whether such sureties are members or non-members; or\n(b) between a member, past member, persons claiming through a member, past member or deceased member, or sureties of members, past members or deceased member, whether such sureties are members or non-members and the society, its managing committee or any officer, agent or servant of the society; or\n(c) between the society or its managing committee and any past or present officer, agent or servant of the society; or\n(d) between the society and any other registered society; [or]\n[(e) between a financing bank authorised under the provisions of subsection (1) of section 16 and a person who is not a member of a registered society;]\n(a) decide the dispute himself; or ,\n(b) transfer it for disposal to any person exercising the powers of a Registrar in this behalf; or\n(c) subject to any rules refer it for disposal to an arbitrator or arbitrators.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 116
        },
        {
            "number": "49",
            "title": "49. Registrar, liquidators and arbitrators to have certain powers of Civil Court.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 117
        },
        {
            "number": "50",
            "title": "50. Attachment of property.",
            "chapter": null,
            "content": "(a) is about to dispose of the whole or any part of his property, or\n(b) is about to remove the whole or any part of his property from the local limits of the jurisdiction of the Registrar, the Registrar may, unless adequate security is furnished to his satisfaction, direct the attachment of the said property or such part thereof, as he thinks, necessary, any such attachment shall have the same effect as if it had been made by a competent Court.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 118
        },
        {
            "number": "51",
            "title": "51. Enforcement of orders.",
            "chapter": null,
            "content": "(a) when passed by the Registrar, a liquidator or by an arbitrator or arbitrators, by any Civil Court having local jurisdiction in the same manner as a decree of such Court:\n(b) when passed by the District Judge, in the same manner as a decree of the District Judge made in the suit pending before him.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 119
        },
        {
            "number": "52",
            "title": "52. Recovery of sums due.",
            "chapter": null,
            "content": "(a) as fees for an audit held under Section 33,\n(b) in accordance with an order of the Registrar under Section 39 apportioning the costs of an inquiry or inspections,\n(c) in accordance with an order passed under Section 40,\n(d) in accordance with an order of the Registrar or of a liquidator passed under Section 44, or\n(e) in accordance with an order, decision or award passed or made under Section 48,\n[(f) As an amount due from member, past member or the nominee, heirs, or legal representative of the deceased member of a primary cooperative society.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 120
        },
        {
            "number": "53",
            "title": "53. Recovery of sums due to the Government.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 121
        },
        {
            "number": "54",
            "title": "54. Property from which sums due from a society can be recovered.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 122
        },
        {
            "number": "55",
            "title": "55. Liability of past members.",
            "chapter": null,
            "content": "[56. Power of revision by Registrar.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 123
        },
        {
            "number": "57",
            "title": "57. Bar of jurisdiction of Court.",
            "chapter": null,
            "content": "[Chapter VII-A]\nDistraint",
            "footnote": "",
            "is_definition": false,
            "sort_order": 124
        },
        {
            "number": "57A",
            "title": "57A. Cases in which application for distraint may be made.",
            "chapter": null,
            "content": "(1) any crops or other products of the earth standing or ungathered on the holding of the defaulter;\n(2) any crops or other products of the earth which have been grown on the holding of the defaulter and have been reaped or gathered and are deposited on the holding or on a threshing floor or place for treading out grain whether in the fields or within a homestead.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 125
        },
        {
            "number": "57B",
            "title": "57B. Form of application.",
            "chapter": null,
            "content": "(a) the holding of the defaulter and the boundaries thereof or such other particulars as may suffice for its identification;\n(b) the name of the defaulter;\n(c) the detailed account of the dues;\n(d) the nature and approximate value of the produce to be distrained;\n(e) the place where it is to be found, or such other particulars as may suffice for its identification; and\n(f) if it is standing or ungathered at the time at which it is likely to be cut or gathered.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 126
        },
        {
            "number": "57C",
            "title": "57C. Procedure on receipt of application.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 127
        },
        {
            "number": "57D",
            "title": "57D. Execution of order for distraint.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 128
        },
        {
            "number": "57E",
            "title": "57E. Service of demand and account.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 129
        },
        {
            "number": "57F",
            "title": "57F. Rights to reap etc., produce.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 130
        },
        {
            "number": "57G",
            "title": "57G. Sale proclamation to be issued unless demand is satisfied.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 131
        },
        {
            "number": "57H",
            "title": "57H. Place of sale.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 132
        },
        {
            "number": "57I",
            "title": "57I. When produce may be sold standing.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 133
        },
        {
            "number": "57J",
            "title": "57J. Manner of sale.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 134
        },
        {
            "number": "57K",
            "title": "57K. Postponement of sale.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 135
        },
        {
            "number": "57L",
            "title": "57L. Payment of purchase money.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 136
        },
        {
            "number": "57M",
            "title": "57M. Certificate to be given to purchaser.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 137
        },
        {
            "number": "57N",
            "title": "57N. Proceeds of sale how to be applied.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 138
        },
        {
            "number": "57O",
            "title": "57O. Certain persons may not purchase.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 139
        },
        {
            "number": "57P",
            "title": "57P. Procedure where demand is paid before the sale.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 140
        },
        {
            "number": "57Q",
            "title": "57Q. Distraint of property which is under attachment.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 141
        },
        {
            "number": "57R",
            "title": "57R. Suit for compensation for wrongful distraint and appeals.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 142
        },
        {
            "number": "57S",
            "title": "57S. Power to make rules.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 143
        },
        {
            "number": "57T",
            "title": "57T. Interpretation.",
            "chapter": null,
            "content": "(a) \"Collector\" includes an officer appointed by the State Government to discharge any of the functions of a Collector under this Chapter;\n(b) \"defaulter\" means a person (including his legal representative if he is dead) from whom any such debt or outstanding demand as is referred to in Section 57-A, is recoverable; and\n(c) \"holding\" means any land used for agricultural or horticultural purposes.]\nChapter VIII\nMiscellaneous",
            "footnote": "",
            "is_definition": true,
            "sort_order": 144
        },
        {
            "number": "58",
            "title": "58. Registrar and other officers to be public servants.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 145
        },
        {
            "number": "59",
            "title": "59. Proof of entries in societies book.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 146
        },
        {
            "number": "60",
            "title": "60. Delegation of power to hear appeals.",
            "chapter": null,
            "content": "[61. Compulsory affiliation of registered societies to a Co-operative Federation.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 147
        },
        {
            "number": "62",
            "title": "62. Exemptions from requirements as to registration.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 148
        },
        {
            "number": "63",
            "title": "63. Limitation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 149
        },
        {
            "number": "64",
            "title": "64. Power to exempt from income tax, stamp duty and registration fees.",
            "chapter": null,
            "content": "(a) the stamp duty with which under any law for the time being in force, instruments executed by or on behalf of a registered society or by an officer or member thereof and relating to the business of such society or any class of such instruments or decisions, awards or orders of the Registrar or of any arbitrator or arbitrators under this Act, are respectively chargeable, and\n(b) any fee payable under the law of registration for the time being in force. In this sub-section \"collecting Government\" has the same meaning as in the Indian Stamp Act, 1899.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 150
        },
        {
            "number": "65",
            "title": "65. Exemption from compulsory registration of instrument relating to shares and debentures of a registered society",
            "chapter": null,
            "content": "(1) any instrument relating to shares in registered society notwithstanding that the assets of such society consist in whole or in part of immovable property; or\n(2) any debenture by any such society and not creating, declaring, assigning or extinguishing any, right, title or interest to or in immovable property except in so far as it entitles the holders to the security afforded by a registered instrument where by the society has mortgaged, conveyed or otherwise transferred the whole or part of its immovable property or any interest therein to trustees upon trust for the benefit of the holders of such debentures; or\n(3) any endorsement upon or transfer of any debenture issued by any such society\n65A. [x x x]\n[65B. Removal of difficulty.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 151
        },
        {
            "number": "66",
            "title": "66. Power to make rules.",
            "chapter": null,
            "content": "(i) prescribes the forms to be used and the conditions to be complied with in the making of application for the registration of a society and the procedure in the matter of such applications;\n(ii) prescribe the conditions to be complied with by persons applying for admission or admitted as members and provide for the election and the admission of member and the payment to be made and the interests to be acquired before the exercise of the right of membership;\n(iii) prescribe the extent to which a society may limit the number of its members and, subject to the provision of Section 29, prescribe the maximum number of shares or portion of the capital of society, which may be held by a member;\n(iv) prescribe the conditions of acceptance of registration of members and prescribe for the expulsion of member and for the payments, if any, to be made to members who withdraw or are expelled;\n(v) provide for the general meetings of the members and for the procedure at such meetings and the powers to be exercised by such meeting;\n(vi) prescribe the matters in respect of which a society may or shall make bye-laws, and the procedure to be followed in making, altering and abrogating bye-laws and 'the conditions to be satisfied prior to such making, alteration or abrogation;\n(vii) prescribe the manner in which managing committees and subcommittees thereof shall be constituted, [through election conducted by the authority constituted under sub-section (1) of Section-14A or otherwise] and provide for the appointment, suspension and removal of the members of managing committees and other officers, and for the procedure at meetings of managing committees and for the powers to be exercised and the duties to be performed by managing committees and other officers.\n(viii) prescribe the conditions under which a society may be prohibited from appointing a defaulting member of any society to its managing committee or to the managing committee of any other society and from allowing him to exercise his right of membership in the society or to represent it in another society :\n(ix) prescribe the procedure to be followed when societies change the form or extent of their liability, and provide for the amalgamation and division of societies and prescribe the conditions of such amalgamation and division;\n(x) prescribe the conditions and terms under which and regulate the manner in which funds may be raised by means of shares deposits or debentures or otherwise;\n(xi) prescribe the conditions to be complied with by members applying for loans, the period for which loans may be made, the amount which may be lent and the manner of re payment;\n(xii) provide for the deposit or investment of any funds under control of a society;\n[(xiii) prescribe the conditions, prohibitions and restrictions to which societies may-\n(a) transact business with persons who are not members; or\n(b) make advances against movable property;]\n(xiv) prescribe the method of calculating the working capital and the net profits and the conditions under which such profits may be distributed, and the maximum rate of dividend which may be paid by any society or class of societies;\n(xv) provide for the formation and maintenance of reserve funds and the objects to which such funds may be applied and for the writing off of bad debts.\n(xvi) prescribe the condition for refund of share money and transfer of shares;\n(xvii) provide for the mode in which the value of a deceased member's interest shall be ascertained, and for the manner of nomination of a person to whom such interest may be paid or transferred;\n(xviii) provide for the information and maintenance of a register of members and where the liability of members is limited by shares, of a register of shares and share-holders;\n(xix) prescribe the forms to be used and the accounts and registers to be kept and the reports and returns to be submitted by a society and provide for the persons by whom such reports and returns shall be submitted, and in case of failure to submit any such reports or returns, for the levy of the expenses of preparing them;\n(xx) prescribe rules for audit under Section 33, and for the periodical publication of balance-sheets showing the assets and liabilities of a society;\n(xxi) provide for the persons by whom and the form in which copies of entries in records and registers of societies may be certified and for the charge to be levied for the supply of such copies;\n(xxii) provide for the custody and destruction of records and registers;\n(xxiii) provide for the procedure to be followed in the appointment or removal of and for the payment of remuneration to, a liquidator.\n(xxiv) prescribe the procedure to be followed by the liquidator and provide for the manner of disposal of the surplus, if any, of the society;\n(xxv) prescribe the procedure to be followed in presenting and disposing of appeals under this Act;\n(xxvi) prescribe the procedure to be followed in the appointment of an arbitrator or arbitrators and in proceedings before the Registrar any person exercising the powers of a Registrar and an arbitrator or arbitrators including the transfer, reference and withdrawal of cases;\n(xxvii) prescribe the procedure and condition for exercise of the powers conferred by Section 49; [*]\n[(xxviii) prescribe the procedure for calling, holding and conducting meetings of creditors under Section 24-A] ; and\n[(xxix) provides for all matters expressly required or allowed by this Act to be prescribed by Rules.]\n[(xxx) prescribe the membership fee and provide for financial assistance for contribution towards such fee as well as minimum share capital to women, Scheduled Caste, Scheduled Tribe and Backward Class member belonging to a class or classes of registered societies which may be limited to maximum one member from a family.]\n[66A. Fixation of proportion of Co-operative Loans for schedule castes, scheduled tribes, small farmers, marginal farmers and other weaker sections of the community.\n[66B.\n(1) the qualifications, age and experience,\n(2) the pay scale and other emoluments,\n(3) the method of recruitment,\n(4) the conditions of service, and\n(5) the disciplinary procedure to be followed.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 152
        },
        {
            "number": "67",
            "title": "67. Repeals.",
            "chapter": null,
            "content": "Schedule\nEnactments Repealed\n(See Section 67)\n(See Section 67)\nYear\nNo.\nShort title\nExtent of repeal\n1\n2\n3\n4\n1912\nII\nThe Co-operative Societies Act, 1912\nThe whole\n1920\nXXXVIII\nThe Devolution Act, 1920\nSo much as relates to Act II of 1912.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 153
        }
    ],
    "metadata": {
        "Act ID": "bh130",
        "Act Number": "Act 6 of 1935",
        "Enactment Date": "7 of 1913",
        "Act Year": "1935",
        "Short Title": "The Bihar Co-operative Societies Act, 1935",
        "Type": "STATE",
        "Location": "Bihar"
    },
    "updated_at": "2026-09-29 21:52:23"
}
The Bihar Co-operative Societies Act, 1935

Sections

1. Short title and extent.

2. Definitions.

3. Indian Companies Act, [1913] not to apply.

4. Saving of existing societies.

5. Construction of references to Co-operative Societies Act, 1912 in enactments.

6. The Registrar.

7. Societies which may be registered.

8. Conditions of registration.

9. Application for registration.

10. Power of Registrar to decide certain questions.

11. Registration.

12. Evidence of registration.

13. Societies to be bodies corporate.

14. Registered societies to have a managing committee etc.

15. Restrictions on borrowing.

16. Restrictions on lending.

17. Restrictions on other transactions with non-member.

18. Reserve Fund.

19. Investment of fund.

20. Contribution to charitable purpose.

21. Restrictions on division of funds.

22. Charge and set off in respect of shares or interest of members.

23. Prior claim of society.

24. Transfer of interest on death of a member.

25. Amendment of the bye-laws of a registered society.

26. Power of Registrar to direct amendment of the bye-laws of a registered society.

27. Member not to exercise rights till due payment made.

28. Votes of members.

29. Restriction on holding of members.

30. Share or interest not liable to attachment.

31. Restrictions on transfer of share or interest.

32. Liability of a past member and of the estate of a deceased member.

33. Audit.

34. Inspection by Registrar.

35. Inquiry by Registrar.

36. Inspection of books by Registrar.

37. Inspection of books by financing bank.

38. Power to call for documents and to issue summons.

39. Cost of inquiry and inspection.

40. Surcharge.

42. Winding up order.

43. Appeal against the order of winding up.

44. Liquidation and dissolution.

44A. Definitions.

44B. Applications of Chapter to Land Development Banks.

44C. Appointment of Trustee and his powers and functions.

44D. Trustee to be a corporation sole.

44E. Issue of debenture by the Board.

44F. Vesting of mortgaged property in the Trustee and floating charge of debenture holders.

44G. Guarantee by the State Government of principal and interest on debentures.

44H. Priority of mortgage, over claims.

44I. Right of Land Development Bank to purchase mortgaged property.

44J. Mortgages executed in favour of Land Development Bank to stand vested in Trustee.

44K. Power of Primary Land Development Bank to receive money and grant discharge.

44L. Registration of mortgage in favour of Land Development Bank.

44M. Power of Land Development Bank to pay prior debts of mortgagors and secure consequential reliefs.

44N. Powers of Land Development Bank to advance loans and to hold lands.

44O. Public notice for entertaining objection.

44P. Mortgage executed by managers of Hindu joint families or natural or legal guardians of minors or disabled persons.

44Q. Order granting loan conclusive of certain matters.

44R. Recovery of loan by Land Development Bank.

44S. Collector to make recoveries during certain period.

44T. Distraint and sale.

44U. Powers of sale when to be exercised.

44V. Powers of Land Development Bank where mortgaged property is destroyed or security becomes insufficient.

44W. Power of the Board or Trustee to take action against defaulters.

44X. Confirmation of sale.

44Y. Disposal of sale proceeds.

44Z. Certificates of purchase, delivery of property and title to purchaser.

44AA. Title of purchaser not to be questioned on ground of irregularities, etc.

44AB. Mortgage not to be questioned on insolvency of mortgagor.

44AC. Appointment of receiver and his powers.

44AD. Restrictions on leases.

44AE. Registration of documents executed on behalf of a Land Development Bank.

44AF. Delegation of certain powers by Board.

44AG. Provisions of the Transfer of Property Act, 1882 to apply to notice under this Chapter.

44AH. Board's power of supervision over Primary Co-operative Land Development Banks.

44AI. Power to make rules.
