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THE BIHAR CO-OPERATIVE SOCIETIES (AMENDMENT) ACT, 2008
The Bihar Co-operative Societies (Amendment) Act, 2008
Sections
An ACT
Section 1Section 1(1)
Section 1Section 1(2)
Section 1Section 1(3)
Section 1Section 2. Insertion after Section-2(c) of the Act 6 of 1935
Section 2Section 3. Addition after Section-2(k) of the Act 6 of 1935
Section 3Clause (l) of Section 3
Section 3Clause (m) of Section 3
Section 3Clause (n) of Section 3
Section 3Clause (o) of Section 3
Section 3Clause (p) of Section 3
Section 3Section 4. Addition of a new section-11A after section-11 of the Act 6 of 1935
Section 4Section 5. Addition of a new Section-14A after Section-14 of the Act 6 of 1935
Section 5Section 14A(1)
Section 14ASection 14A(2)
Section 14ASection 14A(3)
Section 14ASection 14A(4)
Section 14ASection 14A(5)
Section 14ASection 14A(6)
Section 14ASection 6. Amendment in Section-44AQ of the Act 6 of 1935
Section 6Section 6(1)
Section 6Section 44AQ(2)(a)
Section 44AQSection 44AQ(2)(b)
Section 44AQSection 6(2)
Section 6Proviso to Section 44AQ(3)
Section 44AQSection 6(3)
Section 6Section 44AQ(4)(a)
Section 44AQSection 44AQ(4)(b)
Section 44AQSection 6(4)
Section 6Section 6(5)
Section 6
CHAPTER VI
CHAPTER VI-D - Special Provisions applicable to societies in Short Term Co-operative Credit Structure
Section 31
Chapter VI
Section 44AT. Overriding effect of Chapter VI-D
Section 44ATSection 44AU. Ensuring membership of Primary Agricultural credit society to depositors and borrowers
Section 44AUSection 44AV. Autonomy in all financial and internal administrative matters
Section 44AVSection 44AW. Limit on State Government's subscription
Section 44AWProviso to Section 44AW
Section 44AWSection 44AX(1)
Section 44AXSection 44AX(2)
Section 44AXSection 44AY(1)(a)
Section 44AYSection 44AY(1)(b)
Section 44AYSection 44AY(2)
Section 44AYSection 44AZ. Restriction regarding area of operation
Section 44AZSection 44BA. Freedom of investment and deposit
Section 44BASection 44BB. Freedom of borrowings
Section 44BBSection 44BC. Guidelines for payment of dividend by Primary Agricultural Credit Society
Section 44BCSection 44BD. Contribution to any fund
Section 44BDSection 44BE(1)
Section 44BESection 44BE(2)
Section 44BESection 44BE(3)
Section 44BESection 44BE(4)
Section 44BESection 44BF(1)
Section 44BFSection 44BF(2)
Section 44BFSection 44BG(1)
Section 44BGSection 44BG(2)
Section 44BGSection 44BH. The Prudential norms
Section 44BHSection 44BI(1)
Section 44BISection 44BI(2)
Section 44BISection 44BJ(1)
Section 44BJSection 44BJ(2)
Section 44BJSection 44BK. Audit of accounts
Section 44BKSection 44BL(1)
Section 44BLSection 44BL(2)
Section 44BLSection 44BM(1)
Section 44BMSection 44BM(2)
Section 44BMSection 44BN. Abolition of Cadre system
Section 44BNSection 44BO. Winding up of State Co-operative Bank or Central Co-operative Bank
Section 44BOSection 44BP. Implementation of regulatory prescriptions of Reserve Bank
Section 44BPSection 44BQ. Exemption by the State Government
Section 44BQSection 8. Substitution of sub-section (2) of Section-47 of the Act 6 of 1935
Section 8Section 9. Amendment of sub-clause (vii) of sub-section (2) of Section-66 of the Act 6 of 1935
Section 9Section 10. Addition of new clause (xxx) after clause (xxix) of sub-section (2) of Section-66 of the Act 6 of 1935
Section 10
the-bihar-co-operative-societies-amendment-act-2008.json
•
71 Sections
•
Bihar
{
"id": 3463,
"slug": "the-bihar-co-operative-societies-amendment-act-2008",
"title": "THE BIHAR CO-OPERATIVE SOCIETIES (AMENDMENT) ACT, 2008",
"short_title": "The Bihar Co-operative Societies (Amendment) Act, 2008",
"act_number": "18",
"act_year": 2008,
"act_type": "STATE",
"location": "Bihar",
"law_status": "valid",
"enactment_date": "2008-04-30",
"description": "The Bihar Co-operative Societies (Amendment) Act, 2008",
"preamble": "",
"section_label": "Section",
"sections": [
{
"number": "1",
"title": "An ACT",
"chapter": null,
"content": "AN\n???\nTO AMEND THE BIHAR CO-OPERATIVE SOCIETIES (AMENDMENT) ACT, 1935\nPreamble. WHEREAS, it is a priority of the Government to achieve integrated development\nof agriculture with the objective of enhancing income generation in rural areas,\nAND WHEREAS, it is envisaged that the co-operative societies, specially the primary agriculture\ncredit societies and such other co-operative societies at grass root as well as higher levels, can play\na major role in the development of agriculture in terms of supply of inputs as well as marketing of\nagriculture produce and their processing,\nAND WHEREAS, it is imperative to improve the financial services rendered by credit co-operative\nsocieties and such other societies at all levels and to carry out reforms to make them more democratic,\nwell governed and professionally managed in terms of the recommendations of the Vaidyanathan\nCommittee constituted by Govt. of India for revival of the Short Term Cooperative Credit Structure,\nAND WHEREAS, it is expedient to organise the primary agriculture credit societies with their\narea corresponding to that of the Gram Panchayat and to strive further to organise such other co-\noperative societies at the Gram Panchayat level with the purpose of achieving uniformity and make\nthe services rendered by such societies more accessible,\nAND WHEREAS it is necessary to bring out certain amendments to the Bihar Co-operative\nSocieties Act 1935,\nBE it enacted by the Legislature of the State of Bihar in the fifty ninth year of the Republic of\nIndia as follows: -",
"footnote": "",
"is_definition": false,
"sort_order": 0
},
{
"number": "1",
"title": "Section 1(1)",
"chapter": null,
"content": "1. Short Title, Extent and Commencement.-(1) This Act may be called the Bihar\nCo-operative Societies (Amendment) Act, 2008.",
"footnote": "",
"is_definition": false,
"sort_order": 10
},
{
"number": "1",
"title": "Section 1(2)",
"chapter": null,
"content": "(2) It shall extend to the whole of the State of Bihar.",
"footnote": "",
"is_definition": false,
"sort_order": 20
},
{
"number": "1",
"title": "Section 1(3)",
"chapter": null,
"content": "(3) It shall come into force at once.",
"footnote": "",
"is_definition": false,
"sort_order": 30
},
{
"number": "2",
"title": "Section 2. Insertion after Section-2(c) of the Act 6 of 1935",
"chapter": null,
"content": "2. Insertion after Section-2(c) of the Act 6 of 1935. The following clause (cc) shall be\ninserted after clause (c) of section-2 of the Bihar Co-operative Societies Act 1935, namely\n\"(cc) \"Government\" means State Government of Bihar,\"",
"footnote": "",
"is_definition": false,
"sort_order": 40
},
{
"number": "3",
"title": "Section 3. Addition after Section-2(k) of the Act 6 of 1935",
"chapter": null,
"content": "3. Addition after Section-2(k) of the Act 6 of 1935. The following shall be added after\nSection-2(k) of the Bihar Co-operative Societies Act 1935, namely: -",
"footnote": "",
"is_definition": false,
"sort_order": 50
},
{
"number": "3",
"title": "Clause (l) of Section 3",
"chapter": null,
"content": "\"(1) \"Short Term Co-operative Credit Structure\" includes the State Co-operative Bank, Central\nCo-operative Banks and the Primary Agricultural Credit Societies;",
"footnote": "",
"is_definition": false,
"sort_order": 60
},
{
"number": "3",
"title": "Clause (m) of Section 3",
"chapter": null,
"content": "(m)\"National Bank\" means the National Bank for Agriculture and Rural Development\nestablished under Section-3 of National Bank for Agriculture and Rural Development\nAct, 1981 (Act 61 of 81).",
"footnote": "61 of 81",
"is_definition": false,
"sort_order": 70
},
{
"number": "3",
"title": "Clause (n) of Section 3",
"chapter": null,
"content": "(n) \"Reserve Bank\" means Reserve Bank of India established under section-3 of the Reserve\nBank of India Act, 1934 (Act No. 2 of 34).",
"footnote": "2 of 34",
"is_definition": false,
"sort_order": 80
},
{
"number": "3",
"title": "Clause (o) of Section 3",
"chapter": null,
"content": "(o)\"Affiliating Society\" means a registered society of which another registered society is a\nmember; and \"affiliated society,\" means a registered society, which is a member of an\n\"affiliating society\".",
"footnote": "",
"is_definition": false,
"sort_order": 90
},
{
"number": "3",
"title": "Clause (p) of Section 3",
"chapter": null,
"content": "(p)\"Panchayat\" means the Gram Panchayat notified as per Section-11 of the Bihar Panchayat\nRaj Act, 2006 and amendments made there to from time to time,\"",
"footnote": "",
"is_definition": false,
"sort_order": 100
},
{
"number": "4",
"title": "Section 4. Addition of a new section-11A after section-11 of the Act 6 of 1935",
"chapter": null,
"content": "4. Addition of a new section-11A after section-11 of the Act 6 of 1935. (1) The following Section-11A shall be\ninserted after section-11 of the Bihar Co-operative Societies Act, 1935, namely:\n\"11A. Registration of societies not registered under this Act. Where a society registered\nunder section-5 of the Bihar Self Supporting Co-operative Societies Act, 1996 intends to\nconvert itself into a co-operative society under this Act, it may apply for registration under\nprovisions of this Act in accordance with procedure to be prescribed and notified by the\nGoverninent.\"",
"footnote": "",
"is_definition": false,
"sort_order": 110
},
{
"number": "5",
"title": "Section 5. Addition of a new Section-14A after Section-14 of the Act 6 of 1935",
"chapter": null,
"content": "5. Addition of a new Section-14A after Section-14 of the Act 6 of 1935. The following\nSection-14A shall be inserted after Section-14 in the Bihar Co-operative Societies Act 1935, namely",
"footnote": "",
"is_definition": false,
"sort_order": 120
},
{
"number": "14A",
"title": "Section 14A(1)",
"chapter": null,
"content": "\"144. Election to the managing committee of certain registered societies.- (1) The\nGovernment may by notification in the official gazette prescribe that election to the managing\ncommittee of a class or classes of registered societies shall be conducted by an authority, by\nwhatever name such an authority may be known, created for the purpose of conduct of\nelection to the managing committee of registered societies under this act and/or for any\nother body, organization, committee etc. and in the manner prescribed for the conduct of\nelection by such authority.",
"footnote": "",
"is_definition": false,
"sort_order": 130
},
{
"number": "14A",
"title": "Section 14A(2)",
"chapter": null,
"content": "(2) Notwithstanding any thing contained in any provision of this Act, rules made thereunder\nand bye laws of a registered society, the election to the managing committee of such\nclass or classes of registered societies notified under sub-section (1) shall, after the\ndate of such notification, be held in terms of the provision of this section, even if the\nprocess of election has commenced but the result of such election has not been declared\nprior to that date.",
"footnote": "",
"is_definition": false,
"sort_order": 140
},
{
"number": "14A",
"title": "Section 14A(3)",
"chapter": null,
"content": "(3) Notwithstanding any thing contained in sub-section (9) of section-14 of this act, rules\nmade there under and the bye laws of a registered society, the election to the managing\ncommittee of the class or classes of registered societies notified under sub-section (1)\nshall be held within six months from the date of such notification which may further be\nextended for a period of six months.",
"footnote": "",
"is_definition": false,
"sort_order": 150
},
{
"number": "14A",
"title": "Section 14A(4)",
"chapter": null,
"content": "(4) Notwithstanding any thing contained in sub-section (9) of section-14 of this act, rules\nmade there under and the bye laws of a registered society, if the term of the managing\ncommittee of such registered societies notified under sub-section (1) expires after the\nnotification under that sub-section, shall get extended till such time the managing\ncommittee is constituted after elections in terms of the provision contained in that sub\nsection.",
"footnote": "",
"is_definition": false,
"sort_order": 160
},
{
"number": "14A",
"title": "Section 14A(5)",
"chapter": null,
"content": "(5) Any registered society notified under sub-section (1) and after the constitution of its\nmanaging committee under sub-section (2) is superseded or ceases to exist for whatever\nreason, before the expiry of its term under sub-section (9) of section-14, the election to\nthe managing committee for such society shall be conducted by the same authority as\nprescribed under sub-section (1). The term of such managing committee including the\nterm held by earlier managing committee along with the period due to supersession or\notherwise, if any, shall not exceed the period prescribed under the provision of\nsub-section (9) of section-14.",
"footnote": "",
"is_definition": false,
"sort_order": 170
},
{
"number": "14A",
"title": "Section 14A(6)",
"chapter": null,
"content": "(6) No election to any class or classes of registered societies notified under sub-section (1)\nshall not be called in question except by way of an election petition filed within ninety\ndays from declaration of the result of such election and the same shall be decided as a\ndispute under section-48 of this act. Such an election petition shall be filed before the\nRegistrar or such other officer appointed to assist the Registrar under section-6 of this\nact.\"",
"footnote": "",
"is_definition": false,
"sort_order": 180
},
{
"number": "6",
"title": "Section 6. Amendment in Section-44AQ of the Act 6 of 1935",
"chapter": null,
"content": "6. Amendment in Section-44AQ of the Act 6 of 1935. The following amendments shall be\nmade to the section-44AQ of the Bihar Co-operative Societies Act, namely",
"footnote": "",
"is_definition": false,
"sort_order": 190
},
{
"number": "6",
"title": "Section 6(1)",
"chapter": null,
"content": "(1) The sub-section (2) of Section-44AQ shall be substituted by the following, namely",
"footnote": "",
"is_definition": false,
"sort_order": 200
},
{
"number": "44AQ",
"title": "Section 44AQ(2)(a)",
"chapter": null,
"content": "\"(2)(a) In order to achieve the objective of this Act, to bring uniformity in the operation of the\nsocieties under this Chapter, to enhance their strength and usefulness and to make\nthem vtable for the purpose of development of agriculture, the area of a Primary\nAgriculture Credit Society shall be co-terminus with that of a panchayat and there will\nbe only one such society in each panchayat.",
"footnote": "",
"is_definition": false,
"sort_order": 210
},
{
"number": "44AQ",
"title": "Section 44AQ(2)(b)",
"chapter": null,
"content": "(b) Notwithstanding anything to the contrary contained in this Act, If the area of a Primary\nAgriculture Credit Society is found not to be that of a panchayat as provided under\nsub-clause (a) of this sub-section, the Registrar or an officer authorized by Registrar\nto act on his behalf, who shall not be below the rank of Assistant Registrar, may order\nfor reorganization including amalgamation or division of one or more such societies as\nthe case may be and register the new society/societies after such reorganisation.\"",
"footnote": "",
"is_definition": false,
"sort_order": 220
},
{
"number": "6",
"title": "Section 6(2)",
"chapter": null,
"content": "(2) The sub-section (3) of Section-44AQ of the said Act shall be substituted by the\nfollowing, namely\n\"(3) Notwithstanding anything contrary in this Act, the society or societies which are\nreorganised under sub-section (2) along with its managing committee shall be deemed\nto have been dissolved and shall cease to exist from the date of registration of the new\nsociety/societies under sub-section (2) and the membership of such registered society\nshall stand transferred to the respective primary agriculture credit society created for\nthe panchayat to which such members belong after reorganization under sub-section\n(2) and all the assets and liabilities thereof shall get divided/distributed amongst the\nnew society/societies in the manner prescribed by the Registrar/Government.",
"footnote": "",
"is_definition": false,
"sort_order": 230
},
{
"number": "44AQ",
"title": "Proviso to Section 44AQ(3)",
"chapter": null,
"content": "Provided that the State Govt. may from time to time, declare a moratorium on the liabilities\nof the new society/societies created under sub-section (2) of this Section.\"",
"footnote": "",
"is_definition": false,
"sort_order": 240
},
{
"number": "6",
"title": "Section 6(3)",
"chapter": null,
"content": "(3) The sub-section (4) of Section-44AQ of the said Act shall be substituted by the\nfollowing, namely",
"footnote": "",
"is_definition": false,
"sort_order": 250
},
{
"number": "44AQ",
"title": "Section 44AQ(4)(a)",
"chapter": null,
"content": "\"(4)(a) Notwithstanding anything contrary in this Act, upon the reorganisation of societies\nunder sub-section (2) of this section and establishment of new society/societies under\nsub-section (3) of this section, the Registrar/Government shall constitute or provide\nfor constitution of an ad hoc managing committee for the purposes of managing the\naffairs of the new society/societies till such time as a new managing committee is\nconstituted after elections under the provisions of this Act and the ad hoc managing\ncommittee so constituted shall exercise such powers and perform such functions as\nmay be prescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 260
},
{
"number": "44AQ",
"title": "Section 44AQ(4)(b)",
"chapter": null,
"content": "(b) Notwithstanding anything contrary in this Act, upon the constitution of the new managing\ncommittee after elections under clause (a), the managing committee of all such affiliating\nsocieties of which a primary agriculture credit society is a member or federation of\nsuch affiliating societies, shall be reconstituted, as per provisions contained in this Act\nfor constitution of the managing committee of such societies.\"",
"footnote": "",
"is_definition": false,
"sort_order": 270
},
{
"number": "6",
"title": "Section 6(4)",
"chapter": null,
"content": "(4)\nThe sub-section (5) of Section-44AQ of the Act shall be deleted.",
"footnote": "",
"is_definition": false,
"sort_order": 280
},
{
"number": "6",
"title": "Section 6(5)",
"chapter": null,
"content": "(5) In sub-section (6) of Section-44AQ of the Act, the words \"sub-section (5)\" shall be\nsubstituted by the words \"sub-section (2)\" and the words \"a membership fee of Rs.\n1\" shall be substituted by the words \"the membership fee\".",
"footnote": "",
"is_definition": false,
"sort_order": 290
},
{
"number": "31",
"title": "CHAPTER VI-D - Special Provisions applicable to societies in Short Term Co-operative Credit Structure",
"chapter": "CHAPTER VI",
"content": "7. Addition of a new Chapter VI-D after Chapter VI-C of the Act 6 of 1935. In the\nBihar co-operative Societies Act, 1935 after chapter VI-C, the following chapter VI-D shall be\nincorporated, namely\n\"CHAPTER VI-D\nSpecial Provisions applicable to societies in\nShort Term Co-operative Credit Structure.",
"footnote": "",
"is_definition": false,
"sort_order": 300
},
{
"number": "44AT",
"title": "Section 44AT. Overriding effect of Chapter VI-D",
"chapter": "Chapter VI",
"content": "44AT. Overriding effect of Chapter VI-D.- Notwithstanding anything contrary or inconsistent\ncontained in any other chapter of this Act or the Bihar Self Supporting Co-operative Societies Act\n1996 or rules framed there under or bye-laws of any registered society or orders issued there under,\nthe provisions of this chapter shall have overriding effect.",
"footnote": "",
"is_definition": false,
"sort_order": 310
},
{
"number": "44AU",
"title": "Section 44AU. Ensuring membership of Primary Agricultural credit society to depositors and borrowers",
"chapter": null,
"content": "44AU. Ensuring membership of Primary Agricultural credit society to depositors and\nborrowers. Every person who is a borrower or depositor of a Primary Agricultural Credit Society\nor wants to become a borrower or depositor of such society shall be compulsorily made a member\nor an associate member of such society in terms of sub-section (6) of section-44AQ with full voting\nrights.",
"footnote": "",
"is_definition": false,
"sort_order": 320
},
{
"number": "44AV",
"title": "Section 44AV. Autonomy in all financial and internal administrative matters",
"chapter": null,
"content": "44AV. Autonomy in all financial and internal administrative matters. A co-operative\nsociety under Short Term Co-operative Credit Structure shall, have autonomy in all financial and\ninternal administrative matters including the following areas:\n(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": 330
},
{
"number": "44AW",
"title": "Section 44AW. Limit on State Government's subscription",
"chapter": null,
"content": "44AW. Limit on State Government's subscription.- The State Government's subscription\nin the share capital of any Co-operative Society under the Short Term Co-operative Credit Structure\nshall not exceed 25% of the total paid up share capital of such society,",
"footnote": "",
"is_definition": false,
"sort_order": 340
},
{
"number": "44AW",
"title": "Proviso to Section 44AW",
"chapter": null,
"content": "Provided that the State Government or such society shall have option to further reduce the\nsubscription of the State Government and that the society shall not be prevented from doing so by\nthe State Government.",
"footnote": "",
"is_definition": false,
"sort_order": 350
},
{
"number": "44AX",
"title": "Section 44AX(1)",
"chapter": null,
"content": "44AX.Restriction on number of Government Nominees. (1) There shall be only one\nGovernment nominee in the Managing Committee of the StateCo-operative Bank and Central\nCo-operative Banks.",
"footnote": "",
"is_definition": false,
"sort_order": 360
},
{
"number": "44AX",
"title": "Section 44AX(2)",
"chapter": null,
"content": "(2)There shall be no Government nominee in the Managing Committee of a Primary Agricultural\nCredit Society.",
"footnote": "",
"is_definition": false,
"sort_order": 370
},
{
"number": "44AY",
"title": "Section 44AY(1)(a)",
"chapter": null,
"content": "44AY. Membership of an affiliating society. (a) A co-operative society under the Short\nTerm Co-operative Credit Structure registered under the Bihar Co-operative Societies Act, 1935\nshall be eligible to be a member of an affiliating society registered under the provision of the Bihar\nSelf Supporting Co-operative Societies Act, 1996 in accordance with the procedure to be\nprescribed and notified by the Government.",
"footnote": "",
"is_definition": false,
"sort_order": 380
},
{
"number": "44AY",
"title": "Section 44AY(1)(b)",
"chapter": null,
"content": "(b) A co-operative society under the Short Term Co-operative Credit Structure registered\nunder the Bihar Self Supporting Co-operative Societies Act, 1996 may become the\nmember of an affiliating society registered under this Act in accordance with the\nprocedure to be prescribed and notified by the Government.",
"footnote": "",
"is_definition": false,
"sort_order": 390
},
{
"number": "44AY",
"title": "Section 44AY(2)",
"chapter": null,
"content": "(2) A Co-operative Society under the Short Term Co-operative Credit Structure may become\na member of an affiliating society of its choice or leave the membership of such society.",
"footnote": "",
"is_definition": false,
"sort_order": 400
},
{
"number": "44AZ",
"title": "Section 44AZ. Restriction regarding area of operation",
"chapter": null,
"content": "44AZ.Restriction regarding area of operation. There shall be no restriction regarding\narea of operation for the conduct of business by a society under Short Term Co-operative Credit\nStructure.",
"footnote": "",
"is_definition": false,
"sort_order": 410
},
{
"number": "44BA",
"title": "Section 44BA. Freedom of investment and deposit",
"chapter": null,
"content": "44BA. Freedom of investment and deposit. A Co-operative Society under the Short Term\nCo-operative Credit Structure will have freedom to invest or deposit its funds in any financial institution\nsubject to guidelines framed by Reserve Bank.",
"footnote": "",
"is_definition": false,
"sort_order": 420
},
{
"number": "44BB",
"title": "Section 44BB. Freedom of borrowings",
"chapter": null,
"content": "44BB. Freedom of borrowings. A co-operative society under Short Term Co-operative Credit\nStructure may obtain loans from any Reserve Bank regulated financial institution and refinance\nfrom National Bank or any other refinancing agency directly or through any Reserve Bank regulated\nfinancial institution of its choice and not necessarily from only the affiliating society to which it is\naffiliated.",
"footnote": "",
"is_definition": false,
"sort_order": 430
},
{
"number": "44BC",
"title": "Section 44BC. Guidelines for payment of dividend by Primary Agricultural Credit Society",
"chapter": null,
"content": "44BC. Guidelines for payment of dividend by Primary Agricultural Credit Society.\nThe Registrar in consultation with National Bank shall issue general guidelines for payment of\ndividend by a Primary Agricultural Credit Society.",
"footnote": "",
"is_definition": false,
"sort_order": 440
},
{
"number": "44BD",
"title": "Section 44BD. Contribution to any fund",
"chapter": null,
"content": "44BD. Contribution to any fund. No society in Co-operative Credit Structure shall be\ndirected to contribute arty fund other than those for improving the net worth and own fund of the\nsociety.",
"footnote": "",
"is_definition": false,
"sort_order": 450
},
{
"number": "44BE",
"title": "Section 44BE(1)",
"chapter": null,
"content": "44BE Disqualification of members of the managing committee to State Co-operative\nBank or Central Co-operative Bank. (1) A member of the Managing Committee representing a\nco-operative society other than Primary Agricultural Credit Society in the Managing Committee of\nState Co-operative Bank or Central Co-operative Bank shall not be allowed to continue as a member\nof the managing committee by the Registrar in the event of such co-operative society committing\na default for a period exceeding 90 (ninety) days on intimation of such default by the Chief Executive\nof the bank concerned.",
"footnote": "",
"is_definition": false,
"sort_order": 460
},
{
"number": "44BE",
"title": "Section 44BE(2)",
"chapter": null,
"content": "(2) A member of Managing Committee representing a co-operative society under the Short\nTerm Co-operative Credit Structure in the Managing Committee of State Co-operative Bank or\nCentral Co-operative Bank shall not be allowed to continue as member by the Registrar in the event\nof such society committing a default for a period exceeding one year on intimation of such default by\nthe Chief Executive of the bank concerned.",
"footnote": "",
"is_definition": false,
"sort_order": 470
},
{
"number": "44BE",
"title": "Section 44BE(3)",
"chapter": null,
"content": "(3) No person shall be eligible for election to the managing committee of a co-operative\nsociety under Short Term Co-operative Credit Structure, if -\n(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\nany loan taken by him or has any dues of the society on the date of filing of nomination,\nor\n(c) he has directly or indirectly, any interest in any subsistent contract made with the\nsociety or in any property sold or purchased by the society or in any other transaction\nof 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\nhim.\n(e) he has a criminal proceeding relating to any transaction of a registered society pending\nagainst him in which cognizance has been taken.",
"footnote": "",
"is_definition": false,
"sort_order": 480
},
{
"number": "44BE",
"title": "Section 44BE(4)",
"chapter": null,
"content": "(4) No person elected as member or other office bearer in the management committee of\na co-operative credit structure shall be allowed to act as such if he is in default for a period exceeding\ntwelve months in payment of dues to the society unless the amount in default with due interest is\npaid to the society.",
"footnote": "",
"is_definition": false,
"sort_order": 490
},
{
"number": "44BF",
"title": "Section 44BF(1)",
"chapter": null,
"content": "44BF.Supersession of Short Term Co-operative Credit Structure. (1) The supersession\nof the Managing Committee of State Co-operative Bank or Central Co-operative Bank under section-\n41 of this Act shall be done by Registrar, Co-operative Societies in consultation with Reserve Bank.",
"footnote": "",
"is_definition": false,
"sort_order": 500
},
{
"number": "44BF",
"title": "Section 44BF(2)",
"chapter": null,
"content": "(2) The supersession of the managing committee under section-41 of this Act of a Primary\nAgricultural Credit Society shall be done by Registrar, only under the following conditions :-\n(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": 510
},
{
"number": "44BG",
"title": "Section 44BG(1)",
"chapter": null,
"content": "44BG Elections.- (1) The election to the managing committee of a co-operative society\nunder the Short Term Co-operative Credit Structure shall be conducted before the expiry of the\nterm of the existing Managing Committee and in case of supersession of the Managing Committee\nof such co-operative society; the election may invariably be conducted within six months from the\ndate of supersession.",
"footnote": "",
"is_definition": false,
"sort_order": 520
},
{
"number": "44BG",
"title": "Section 44BG(2)",
"chapter": null,
"content": "(2) A member of the Managing Committee of a Primary Agriculture Credit Society which has\nbeen superseded under the conditions mentioned in sub-clause (a) and (b) of section-44BG(2) shall\nnot be entitled to contest again for a period of five years after such supersession.",
"footnote": "",
"is_definition": false,
"sort_order": 530
},
{
"number": "44BH",
"title": "Section 44BH. The Prudential norms",
"chapter": null,
"content": "44BH.The Prudential norms. The prudential norms including Capital to Risk Weighted\nAssets Ratio shall be specified by the Registrar for all the Primary Agricultural Credit Society in\nconsultation with National Bank.",
"footnote": "",
"is_definition": false,
"sort_order": 540
},
{
"number": "44BI",
"title": "Section 44BI(1)",
"chapter": null,
"content": "44BI. Removal of Directors and Chief Executive Officers.- (1) The members of the\nManaging Committee or chief executive officer of the state co-operative Bank or central co-operative\nBank shall fulfill such criteria as may be stipulated by RBI.",
"footnote": "",
"is_definition": false,
"sort_order": 550
},
{
"number": "44BI",
"title": "Section 44BI(2)",
"chapter": null,
"content": "(2) A Person who does not fulfill the criteria for the post of chief Executive officer or a\nmember in the committee of the state co-operative Bank or a central co-operative bank as stipulated\nby the Reserve Bank shall be treated as ineligible for such post and if such person is holding the post,\nhe shall be removed by the Registrar on receipt of advice to this effect from the Reserve Bank or\nthe National Bank.",
"footnote": "",
"is_definition": false,
"sort_order": 560
},
{
"number": "44BJ",
"title": "Section 44BJ(1)",
"chapter": null,
"content": "44BJ. Co-option of professionals in Managing Committee of State Co-operative Bank\nand Central Co-operative Bank. (1) The managing committee of the State Co-operative Bank\nor a Central Co-operative Bank shall have such number of professionals as members having the\nprofessional qualifications or experience as may be stipulated by Reserve Bank of India.",
"footnote": "",
"is_definition": false,
"sort_order": 570
},
{
"number": "44BJ",
"title": "Section 44BJ(2)",
"chapter": null,
"content": "(2) If members with professional qualifications or experience as stipulated by the Reserve\nBank are not elected in number specified by the Reserve Bank of India in the Committee of the\nState Co-operative Bank or Central Co-operative Bank, to the extent of shortfall, such vacancies\nshall be filled by co-option of such persons in the committee and such co-opted members shall have\nfull voting rights.",
"footnote": "",
"is_definition": false,
"sort_order": 580
},
{
"number": "44BK",
"title": "Section 44BK. Audit of accounts",
"chapter": null,
"content": "44BK. Audit of accounts. The State Co-operative Bank or Central Co-operative Banks\nshall cause audit of its accounts by a Chartered Accountant selected from a panel approved by\nNational Bank.",
"footnote": "",
"is_definition": false,
"sort_order": 590
},
{
"number": "44BL",
"title": "Section 44BL(1)",
"chapter": null,
"content": "44BL. Special audit of State Co-operative Bank or Central Co-operative Bank.-\n(1) The Registrar shall arrange to conduct the special audit of State Co-operative Bank or Central\nCo-operative Banks, on the request of Reserve Bank on such specific terms of references as\nagreed to by the Registrar and also arrange to furnish the report to Reserve Bank within the time\nstipulated by the Reserve Bank of India.",
"footnote": "",
"is_definition": false,
"sort_order": 600
},
{
"number": "44BL",
"title": "Section 44BL(2)",
"chapter": null,
"content": "(2) The Registrar may also on its own motion or on the request of the Managing Committee of\nState Co-operative Bank or Central Co-operative Bank arrange to conduct the special audit of such\nbank.",
"footnote": "",
"is_definition": false,
"sort_order": 610
},
{
"number": "44BM",
"title": "Section 44BM(1)",
"chapter": null,
"content": "44BM. Restriction of using word 'Bank' by the Primary Agricultural Credit Society.-\n(1) No Primary Agricultural Credit Society will use the word \"Bank",
"footnote": "",
"is_definition": false,
"sort_order": 620
},
{
"number": "44BM",
"title": "Section 44BM(2)",
"chapter": null,
"content": "(2) The Registrar shall deregister such Primary Agricultural Credit Society, which violates the\nprovision of sub-section (1) of this section.",
"footnote": "",
"is_definition": false,
"sort_order": 630
},
{
"number": "44BN",
"title": "Section 44BN. Abolition of Cadre system",
"chapter": null,
"content": "44BN. Abolition of Cadre system. There shall not be any Cadre system in Co-operative\nCredit Structure with effect from such date as notified by the State Government.",
"footnote": "",
"is_definition": false,
"sort_order": 640
},
{
"number": "44BO",
"title": "Section 44BO. Winding up of State Co-operative Bank or Central Co-operative Bank",
"chapter": null,
"content": "44BO.Winding up of State Co-operative Bank or Central Co-operative Bank. - The\nRegistrar shall make an order for the winding up of State Co-operative Bank or Central Co-operative\nBank and appointment of a liquidator within one month if so advised by the Reserve Bank.",
"footnote": "",
"is_definition": false,
"sort_order": 650
},
{
"number": "44BP",
"title": "Section 44BP. Implementation of regulatory prescriptions of Reserve Bank",
"chapter": null,
"content": "44BP. Implementation of regulatory prescriptions of Reserve Bank. Not withstanding\nanything contained in this Act or Rules made there under, the Registrar shall ensure the implementation\nof regulatory prescriptions of the Reserve Bank in case of State Co-operative Bank and Central\nCo-operative Banks.",
"footnote": "",
"is_definition": false,
"sort_order": 660
},
{
"number": "44BQ",
"title": "Section 44BQ. Exemption by the State Government",
"chapter": null,
"content": "44BQ. Exemption by the State Government. - No society in the short term Co-operative\nCredit Structure shall be exempted under 62(2) of this Act in any manner from the application of the\nprovisions of this chapter without prior consultation with the Reserve Bank or the National Bank.\"",
"footnote": "",
"is_definition": false,
"sort_order": 670
},
{
"number": "8",
"title": "Section 8. Substitution of sub-section (2) of Section-47 of the Act 6 of 1935",
"chapter": null,
"content": "8. Substitution of sub-section (2) of Section-47 of the Act 6 of 1935. The sub-section\n(2) of Section-47 of the Bihar Co-operative societies Act 1935 shall be substituted by the following,\nnamely: -\n\" Every offence under the Act shall, for the purpose of the Code of Criminal Procedure,\n1898 (5 of 1898) be deemed to be non-cognisable except offence under section-45 A\n(3) of this Act.\"",
"footnote": "5 of 1898",
"is_definition": false,
"sort_order": 680
},
{
"number": "9",
"title": "Section 9. Amendment of sub-clause (vii) of sub-section (2) of Section-66 of the Act 6 of 1935",
"chapter": null,
"content": "9. Amendment of sub-clause (vii) of sub-section (2) of Section-66 of the Act 6 of 1935.\n- After the words \"shall be constituted\" in sub-clause (vii) of sub-section (2) Section-66 of the\nBihar Co-operative Societies, the words \"through election conducted by the authority constituted\nunder sub-section (1) of section-14A or otherwise\" shall be inserted.",
"footnote": "",
"is_definition": false,
"sort_order": 690
},
{
"number": "10",
"title": "Section 10. Addition of new clause (xxx) after clause (xxix) of sub-section (2) of Section-66 of the Act 6 of 1935",
"chapter": null,
"content": "10. Addition of new clause (xxx) after clause (xxix) of sub-section (2) of Section-66 of\r\nthe Act 6 of 1935.- The following clause (xxx) shall be added after clause (xxix) of sub-section\r\n(2) of Section-66 of the Bihar Co-operative societies Act 1935, namely\r\n\"(xxx) prescribe the membership fee and provide for financial assistance for contribution\r\ntowards such fee as well as minimum share capital to women, scheduled caste, scheduled tribe and\r\nbackward class member belonging to a class or classes of registered societies which may be limited\r\nto maximum one member from a family.\"",
"footnote": "",
"is_definition": false,
"sort_order": 700
}
],
"metadata": {
"Act ID": "200818",
"Act Number": "18",
"Enactment Date": "2008-04-18",
"Act Year": "2008",
"Short Title": "The Bihar Co-operative Societies (Amendment) Act, 2008",
"Department": "Law Department",
"Type": "STATE",
"Location": "Bihar"
},
"updated_at": "2026-09-29 21:55:17"
}