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The Bihar Co-operative Societies Rules, 1959
The Bihar Co-operative Societies Rules, 1959
Sections
1. Title.
Section 12. Definitions.
Section 23. Application for registration.
Section 34. Procedure of registration.
Section 46. Registered address.
Section 67. Admission to Membership.
Section 78. Eligibility for membership.
Section 89. Cessation of membership.
Section 910. Exception to admission as member.
Section 1011. Re-admission of expelled members.
Section 1112. Limit of membership and shares.
Section 1214. Resignation and expulsion.
Section 1415. Bye-laws of societies.
Section 1516. Amendment of bye-laws.
Section 1621. Procedure at general meetings.
Section 2125. Disabilities of members.
Section 2527. Procedure at committee meeting.
Section 2730. Procedure when society is superseded.
Section 3031. Honorarium to members.
Section 3133. Appointment of paid employees.
Section 3334. Deputation of Government officers
Section 3435. Imposition of fine.
Section 3536. Change of liability.
Section 3637. Division of societies.
Section 3738. Voluntary amalgamation of societies.
Section 3839. Compulsory amalgamation of societies.
Section 3940. Borrowing.
Section 4041. Loans to members.
Section 4142. Salary earners society.
Section 4243. Investment and Deposits.
Section 4347. Reserve fund.
Section 4749. Bad debt fund.
Section 4950. Refund of share money and transfer of shares.
Section 5052. Value of shares.
Section 5253. Disposal of unclaimed shares.
Section 5354. Registers of members and shares.
Section 5455. Account books, registers and forms.
Section 5556. Returns and reports.
Section 5657. Audit.
Section 5758. Statement of accounts and balance sheets.
Section 5859. Audit of wound up societies.
Section 5960. Payment of the audit fee.
Section 6061. Certifying copies of entries.
Section 6162. Custody of account books and registers.
Section 6263. Preservation of records.
Section 6364. Appointment or removal of a liquidator and payment of remuneration to him.
Section 6465. Procedure.
Section 6566. Appeal and Revision.
Section 6667. Sanction for appeal
Section 6768. Disputes; arbitration.
Section 6869. Reference to District Judge.
Section 6970. Service of summons or notice.
Section 7071. Certificate proceedings.
Section 7172. Procedure at meeting.
Section 7273. Power to attend meetings.
Section 7375. Contribution to Co-operative conferences.
Section 7576. Registrar's power of condonation.
Section 7677. Savings.
Section 771. Annual profits from lands
Section 12. Other income from lands
Section 21. Principal.
Section 12. Interest due.
Section 23. Bank's contribution.
Section 34. Cost of suit.
Section 45. Total amount.
Section 5
the-bihar-co-operative-societies-rules-1959.json
•
65 Sections
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Bihar
{
"id": 15758,
"slug": "the-bihar-co-operative-societies-rules-1959",
"title": "The Bihar Co-operative Societies Rules, 1959",
"short_title": "The Bihar Co-operative Societies Rules, 1959",
"act_number": "Published vide Notification No. B/Act-04/59-7661, ",
"act_year": 1959,
"act_type": "STATE",
"location": "Bihar",
"law_status": "unknown",
"enactment_date": null,
"description": "The Bihar Co-operative Societies Rules, 1959",
"preamble": "",
"section_label": "Section",
"sections": [
{
"number": "1",
"title": "1. Title.",
"chapter": null,
"content": "",
"footnote": "",
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{
"number": "2",
"title": "2. Definitions.",
"chapter": null,
"content": "(i) \"the Act\" means the Bihar [* * *] Co-operative Societies Act, 1935 (B. &0. Act VI of 1935);\n(ii) \"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(iii) \"co-operative year\" means a year beginning with the 1st July and ending on the 30th June;\n(iv) \"borrowed capital\" means the total of loans, deposits and other borrowings;\n(v) \"owned capital\" means the total of paid up share capital, reserve and other funds created out of profits;\n[(vi) \"working capital\" means the sum of borrowing and owned fund minus accumulated loss;]\n(vii) \"form\" means a form included in the Schedule to these Rules; and\n(viii) \"Section\" means a Section of the Act;\n[(ix) \"Apex Society\" means-\n[(a) a co-operative society whose area of operation covers the whole of Bihar and which has central societies as its members; or]\n(b) any other co-operative federation having in its area of operation the whole of Bihar and which has been declared as Apex Society by the Registrar of Co-operative Societies;\n(x) 'State Level Society\" means-\n(a) a society whose area of operation covers the whole of Bihar and whose members are individuals only, or\n(b) any other society declared as State level Society by the Registrar of Co-operative Societies;\n(xi) \"Central Society\" means-\n[(a) a Co-operative Society which has only primary Co-operative societies as its members; or]\n(b) a Co-operative Society which is declared as a Central Society by the Registrar of Co-operative Societies;\n(xii) \"Candidate\" means a voter eligible to seek election-\n[(a) * * *]\n(b) Member of the Managing Committee, and/or\n(c) as an Office-bearer of a Co-operative Society;\n[(xiii) * * *]\n[(xiv) * * *]\n[(xv) * * *]\n(xvi) \"Election\" means election, in accordance with these Rules, for-\n[(a) * * *]\n(b) Members of the Managing Committee, and/or,\n(c) Office-bearers of a Co-operative Society;\n[(xvii) \"Election Officer\" means an officer, by whatever name he/ she may be known, entrusted in these Rules with the responsibilities of conducting election of conducting election of a co-operative society;]\n(xviii) \"Polling Officer\" means a person appointed by the Election Officer to assist him in conducting election at any polling station;\n(xix) \"Voter\" means a person entitled under these Rules to vote for the election of [* * *] , the members of the Managing Committee and the Office-bearers thereof and whose name occurs in the final voters' list;\n(xx) \"Voters list\" means-\n(a) in the case of elections in a society in which members of the society directly participate in its General Meeting, the list of such members;\n[(b) * * *]\n[(c) in other cases, the list of delegates for the General Meeting, as published by the Election Officer;]\n[(xxi) * * *]\n(xxii) \"Chief Executive\" means an Officer of the society, who has ultimate control over day-to-day management of the society;\n(xxiii) \"District Officer\" means Collector/Deputy Commissioner of a district;\n(xxiv) \"Deputy Development Commissioner\" means Deputy Development Commissioner of a- District;\n(xxv) \"Sub-Divisional Officer\" means the Officer notified as such by the State Government;\n(xxvi) \"Organiser\" means a person who organises a society for registration;\n(xxvii) \"Affiliating Society\" means a society which affiliates some other societies as its member:\n[(xxviii) \"Election Authority\" means the authority as defined under Section 14A(1) of the Act for the conduct or elections to the Managing Committee of classes of registered societies;] ]\n[(xxix) \"Notified Society\" means a class or classes of registered societies as notified under Section 14A(1) of the Act.]\nRegistration of Society\nRegistration of Society",
"footnote": "",
"is_definition": true,
"sort_order": 1
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{
"number": "3",
"title": "3. Application for registration.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 2
},
{
"number": "4",
"title": "4. Procedure of registration.",
"chapter": null,
"content": "(a) that the application is in conformity with the Act and these Rules; and\n(b) that the bye-laws are in conformity with the Act and these Rules.",
"footnote": "",
"is_definition": false,
"sort_order": 3
},
{
"number": "6",
"title": "6. Registered address.",
"chapter": null,
"content": "Admission to Membership\nAdmission to Membership",
"footnote": "",
"is_definition": false,
"sort_order": 4
},
{
"number": "7",
"title": "7. Admission to Membership.",
"chapter": null,
"content": "(b) The Secretary of the Society or any person duly authorised by him in this behalf shall immediately grant a receipt for the application in the form at the foot of Form V.\n(c) In case the Secretary of the Society or any such person as aforesaid does not receive the application or grant a receipt for it, the applicant may submit his application to the Block Development Officer or the Assistant Registrar of Co-operative Societies or the District Cooperative Officer, who shall immediately grant him a receipt for the application in the prescribed form, and shall at once send the same to the society concerned.\n(d) The application shall be considered by a Managing Committee of the Society and the decision of the Committee thereon shall be communicated to the applicant within 15 days of receipt of the application and, where the application is rejected, with reasons therefor.\n(e) If no decision is communicated to the applicant within the period specified above, it shall be deemed that the application has been accepted and the applicant has been admitted to the membership of the Society.]\n(a) he fulfils the criteria for attaining membership of such a society,\n(b) no other member of his family is a member of the society and\n(c) he has applied for membership to the managing committee of such society and has not been admitted as a member,",
"footnote": "",
"is_definition": false,
"sort_order": 5
},
{
"number": "8",
"title": "8. Eligibility for membership.",
"chapter": null,
"content": "(a) is under eighteen years of age;\n(b) is a paid employee of the society or of an affiliating society;\n(c) is of unsound mind;\n(d) has applied to be adjudged a bankrupt or an insolvent or is an uncertificated bankrupt or an undischarged insolvent, or\n(e) has been sentenced for any offence other than an offence of a political character or an offence not involving moral delinquency, such sentence not having been reversed or the offence pardoned. Provided that this disqualification shall not apply where more than five years have elapsed from the date of the expiration of such sentence.",
"footnote": "",
"is_definition": false,
"sort_order": 6
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{
"number": "9",
"title": "9. Cessation of membership.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 7
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{
"number": "10",
"title": "10. Exception to admission as member.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 8
},
{
"number": "11",
"title": "11. Re-admission of expelled members.",
"chapter": null,
"content": "Limit of membership and shares\nLimit of membership and shares",
"footnote": "",
"is_definition": false,
"sort_order": 9
},
{
"number": "12",
"title": "12. Limit of membership and shares.",
"chapter": null,
"content": "[12A.\n13.\nResignation and Expulsion\nResignation and Expulsion",
"footnote": "",
"is_definition": false,
"sort_order": 10
},
{
"number": "14",
"title": "14. Resignation and expulsion.",
"chapter": null,
"content": "Bye-laws of Societies\nBye-laws of Societies",
"footnote": "",
"is_definition": false,
"sort_order": 11
},
{
"number": "15",
"title": "15. Bye-laws of societies.",
"chapter": null,
"content": "(a) the area of its operation;\n(b) the objects of the society and the ways and means of carrying out those objects;\n(c) the purpose to which its funds are applicable, the manner in which capital may be raised; and the custody and investment of its funds;\n(d) the qualification for admission to membership, the continuance of such membership and the condition of cessation of or expulsion from membership;\n(e) the rights and liabilities of members, and the consequences of default in payment of any sum due by a member to the society;\n(f) the mode of holding general meetings of the managing committee or any other committee of the society and the powers and duties which may be exercised and performed by such committee;\n(g) the mode of appointment, suspension and removal of the members of the managing committee and of the officer of the society, and the duties and powers of the committee and officer; and\n(h) the authorisation of any officer or officer of the society to sign documents on its behalf.\n(a) the purposes for which and the security on which loans may be granted:\n(b) the maximum liability which the society may incur:\n(c) the maximum limit of loan which may be advanced to a member:\n(d) the terms and conditions subject to which loans may be granted and extension of time for re-payment.\n(e) the maximum rates of interest of lendings, and\n(f) the disposal of profits and the maximum dividend payable on paid up share capital.",
"footnote": "",
"is_definition": false,
"sort_order": 12
},
{
"number": "16",
"title": "16. Amendment of bye-laws.",
"chapter": null,
"content": "17.\n18.\n19.\nGeneral Meeting\nGeneral Meeting\n[20. (1) General Meeting.\n(a) Preliminary General Meeting.\n(b) Annual General Meeting.\n(c) Extraordinary General Meeting.\n(d) Special General Meeting.\n[(1A)\n(2) Preliminary General Meeting.\n(b) For the purposes of the meeting referred to in clause (a), at least fifteen days' notice mentioning the date, time, place and agenda of the meeting shall be issued by the Organiser of the society.\n(c) Where the Organiser is not available to convene the meeting or he fails to convene the meeting as aforesaid, it shall be convened by the Registrar or any person authorised by him by a general or special order.\n(d) At the Preliminary General Meeting the following business shall be transacted in the order given below :\n(i) Election of the person to preside over the meeting (election to be held by show of hands).\n(ii) Adoption of the registered bye-laws.\n(iii) Consideration of the statement of accounts since the organisation of the society to the date of the meeting.\n(iv) Fixation of maximum liability to be incurred by the society till the annual General Meeting of the society is not held.\n(v) Any other matter which may be necessary in view of the bye-law of the society, and\n(vi) Constitution of the Managing Committee in accordance with the Act, Rules, and bye-laws of the society.\n(e) Subject to such instructions as may be issued by the Registrar, the election of the members of the Managing Committee and the Office-bearers of the society shall be conducted by the person presiding the first General Meeting in such manner as may be conductive to fair election and all points of order relating to the election shall be decided by him.\n(3) Annual General Meeting.\n(4) Extra-ordinary General Meetings.\n(5) Special General Meeting.\n[(ii) It shall be incumbent on the Chief Executive of the Co-operative Society to convene a Special General Meeting after notice to the members within thirty days of the receipt of the order under clause (i) above failing which the Registrar or the person authorised by him or the conducting officer may summon the meeting after notice to the members of twenty-one days and such meetings shall have all the powers of a special General Meeting convened according to the bye-laws of the Co-operative Society.\n[(iii) Notwithstanding anything contrary contained in this Rule or bye-laws of any co-operative societies, all the delegates to an affiliating society shall directly participate in the Special General Meeting of such affiliating society.] ]",
"footnote": "",
"is_definition": false,
"sort_order": 13
},
{
"number": "21",
"title": "21. Procedure at general meetings.",
"chapter": null,
"content": "(ii) The general meeting shall exercise all the powers and perform all the duties prescribed for it in the bye-laws.\n[21A.\n21B.\n(i) the Registrar, Co-operative Societies, or an officer not below the rank of Joint Registrar/Co-operative Societies authorised by him in respect, of Apex Societies or class of Co-operative Societies as may be specified by the Registrar;\n(ii) The District Officer/Deputy Commissioner of a district or an officer not below the rank of Additional Collector authorised by him in respect of Central Co-operative Societies including Central Co-operative Banks : Provided that if the territorial jurisdiction of a Central Co-operative Society extends beyond the territorial boundary of one district the District Officer/Deputy Commissioner of the District in which headquarters of the society is situated shall have power to, conduct elections in that society;\n(iii) The Assistant Registrar, Co-operative Societies of the concerned circle in respect of Primary Co-operative Societies :\n21C.\n21D.\n21E.\n21F.\n21G.\n21H.\n[21I.\n21J.\n(i) Cause the voters list to be displayed on the notice board of the society concerned and at such other place or places as may be deemed fit;\n(ii) Publish or cause to be published on the notice board of the society a general notice fixing the date for filing objections to the voters list and the disposal of the objections by him :\n(iii) after disposal of objections,-publish or cause to be published the final voters list at such places as specified under clause (i);\n(iv) forward a copy of final voters list to the society concerned which shall issue notice to the voters for Special General Meeting on its basis.\n21K.\n21L.\n[21M.\n(a) filing of nominations,\n(b) scrutiny of nomination papers,\n(c) display of the list of nominations,\n(d) filing of objections,\n(e) disposal of objection,\n(f) display of the list of valid nominations,\n(g) withdrawal of nominations,\n(h) display of list of nominations after withdrawal, if any, and\n(i) allotment of symbols;\n21N.\n(i) his name does not appear in the final Voter's list, or\n(ii) he is otherwise disqualified for being elected under the provisions of the Act, Rules or the Bye-laws of the society.\n(a) Permit any clerical error in the nomination paper in regard to the names or number to be corrected in order to bring them in conformity with the corresponding entries in the final voters list:\n(b) where necessary direct that any printing error in the said entries may be overlooked.\n21O.\n[21P.\n[21Q.\n21R.\n[21S.\n21T.\n(a) any ballot box used at a polling station/ booth is unlawfully taken out of the custody of the polling officer or is accidentally or intentionally destroyed or lost, or is damaged or tampered with, to such an extent, that the result of the poll at that polling station/booth cannot be ascertained, or\n(b) any such error or irregularity in procedure as is likely to vitiate the poll is committed at polling station/booth the polling officer shall forthwith report the matter to the Election Officer and to [Conducting Officer]\n21U.\n(i) it bears any signature to identify the voter,\n(ii) it does not bear the seal of the society and initials of the Election Officer/Polling Officer of the concerned polling station/ booth,\n(iii) it contains no marks indicating a vote,\n(iv) it contains no marks than the number of seats to be filled, or\n(v) it is so damaged or mutilated that its identity as a genuine ballot paper cannot be established.\n21V.\n21W.\n21X.\n[21Y. Election by the Election Authority.\n(i) Preparation of voter list,\n(ii) Appointment of Election Officers,\n(iii) Notification of place of voting and counting.\n(b) Notwithstanding anything contrary in these Rules or bye laws of any notified society, the Election Authority\n(i) Shall get the voter list prepared and decide the cut-off date for the preparation of such voter list, which shall not be more than 120 days prior to the date of election.\n(ii) Shall determine the programme for such elections including venue, date and time for various stages of the election process including counting.\n(iii) Shall appoint the Election Officer or authorise any other officer not below the rank of Sub-divisional Magistrate for appointment of Election Officers]\nManaging Committee\nManaging Committee\n22.\n[23.\n(a) he is not a member of the society, or\n(b) he is in default to the society in respect of any loan taken by him for such period as is prescribed in the bye-laws or in any case for a period exceeding three months or is in default to the society in respect of any other dues or is in default to any other registered society on the date of filing of nomination, or\n(c) he has directly or indirectly any interest in any subsisting 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, or\n(d) a proceeding for surcharge relating to any registered society is pending against him, or\n(e) an enquiry relating to any transaction of the registered society to the Managing Committee of which he seeks election, is pending against him, or\n(f) a criminal proceeding relating to any transaction of a registered society is pending against him in which cognizance has been taken.\n(a) the affiliated society is in default to the society in respect of any loan taken by it for such period as is prescribed in the bye-laws or in any case for a period exceeding three months or is in default to the society in respect of any other registered society on the date of filing of nomination, or\n(b) he/affiliated society has directly or indirectly any interest in any subsisting 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, or\n(c) a proceeding for surcharge relating to any registered society is pending against him, or\n(d) an enquiry relating to any transaction of the registered society to the Managing Committee of which he seeks election is pending against him, or\n(e) a criminal proceeding relating to any transaction of a registered society is pending against him in which cognizance has been taken.]\n24.\n(1) he ceases to be a member of the society, or\n(2) he incurs any of the disqualifications mentioned in Rule 8 or Rule 23.",
"footnote": "",
"is_definition": false,
"sort_order": 14
},
{
"number": "25",
"title": "25. Disabilities of members.",
"chapter": null,
"content": "26.\n(i) the person so appointed shall not be entitled to vote;\n(ii) no member of the registered society shall be appointed who suffers from any of the disqualifications specified in Rule 23 and if any such member incurs any of the said disqualifications he shall cease to be on the sub-committee.",
"footnote": "",
"is_definition": false,
"sort_order": 15
},
{
"number": "27",
"title": "27. Procedure at committee meeting.",
"chapter": null,
"content": "28.\n29.",
"footnote": "",
"is_definition": false,
"sort_order": 16
},
{
"number": "30",
"title": "30. Procedure when society is superseded.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 17
},
{
"number": "31",
"title": "31. Honorarium to members.",
"chapter": null,
"content": "32.",
"footnote": "",
"is_definition": false,
"sort_order": 18
},
{
"number": "33",
"title": "33. Appointment of paid employees.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 19
},
{
"number": "34",
"title": "34. Deputation of Government officers",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 20
},
{
"number": "35",
"title": "35. Imposition of fine.",
"chapter": null,
"content": "Change of Liability, Amalgamation and Division of Societies\nChange of Liability, Amalgamation and Division of Societies",
"footnote": "",
"is_definition": false,
"sort_order": 21
},
{
"number": "36",
"title": "36. Change of liability.",
"chapter": null,
"content": "(i) the society shall give two week's notice in writing to its members and creditors of its intention to change the nature or extent of its liability;\n(ii) any member or creditor shall have the option of withdrawing his shares, deposits, or loan, as the case may be, within one month from the date of the general meeting, and the change shall not take effect until all such claims have been satisfied, and\n(iii) in the event of the decision to change the nature or extent of the liability being latter reversed, any member or creditor who has withdrawn his share, deposits, or loans, as the case may be, under clause (ii), shall have the right to resume its interest in the society as shareholder, depositor or creditor to the same extent as he had before the withdrawal.",
"footnote": "",
"is_definition": false,
"sort_order": 22
},
{
"number": "37",
"title": "37. Division of societies.",
"chapter": null,
"content": "(i) the payment of the share capital of all the members who have given notice under sub-Rule (3);\n(ii) the satisfaction of the claims of all creditors who have given notice under sub-Rule (4); and\n(iii) the satisfaction of the claims of such of the other persons who have given notice under sub-Rule (5) for securing their claims in such manner as the Registrar directs :",
"footnote": "",
"is_definition": false,
"sort_order": 23
},
{
"number": "38",
"title": "38. Voluntary amalgamation of societies.",
"chapter": null,
"content": "(i) the payment of the share capital of all the members who have given notice under sub-Rule (3); and\n(ii) the satisfaction of the claims of all the creditors who have given notice under sub-Rule (4):",
"footnote": "",
"is_definition": false,
"sort_order": 24
},
{
"number": "39",
"title": "39. Compulsory amalgamation of societies.",
"chapter": null,
"content": "(i) if the order has been passed by any officer exercising the powers of the Registrar, to Registrar;\n(ii) if the order has been passed by the Registrar, to the State Government.\nRaising of funds\nRaising of funds",
"footnote": "",
"is_definition": false,
"sort_order": 25
},
{
"number": "40",
"title": "40. Borrowing.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 26
},
{
"number": "41",
"title": "41. Loans to members.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 27
},
{
"number": "42",
"title": "42. Salary earners society.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 28
},
{
"number": "43",
"title": "43. Investment and Deposits.",
"chapter": null,
"content": "44.\n45.\n46.",
"footnote": "",
"is_definition": false,
"sort_order": 29
},
{
"number": "47",
"title": "47. Reserve fund.",
"chapter": null,
"content": "48.",
"footnote": "",
"is_definition": false,
"sort_order": 30
},
{
"number": "49",
"title": "49. Bad debt fund.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 31
},
{
"number": "50",
"title": "50. Refund of share money and transfer of shares.",
"chapter": null,
"content": "[50A.\n(i) extinguishing or reducing the liability on any of its shares in respect of share capital not paid-up, or\n(ii) cancelling any paid-up share capital, or\n(iii) paying back any paid-up share capital which is in excess of the need of the society.]\n51.",
"footnote": "",
"is_definition": false,
"sort_order": 32
},
{
"number": "52",
"title": "52. Value of shares.",
"chapter": null,
"content": "Deceased Member's Interest\nDeceased Member's Interest",
"footnote": "",
"is_definition": false,
"sort_order": 33
},
{
"number": "53",
"title": "53. Disposal of unclaimed shares.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 34
},
{
"number": "54",
"title": "54. Registers of members and shares.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 35
},
{
"number": "55",
"title": "55. Account books, registers and forms.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 36
},
{
"number": "56",
"title": "56. Returns and reports.",
"chapter": null,
"content": "Audit and Account\nAudit and Account",
"footnote": "",
"is_definition": false,
"sort_order": 37
},
{
"number": "57",
"title": "57. Audit.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 38
},
{
"number": "58",
"title": "58. Statement of accounts and balance sheets.",
"chapter": null,
"content": "(b) On the failure of the Managing Committee to prepare the account as prescribed, the Registrar may get accounts prepared and assess the cost thereof on the society and the same shall be realisable from the society as audit fee.\n(c) A registered society shall exhibit at its office, its last annual balancesheet as audited and certified by the auditor, as also the audit report. The Registrar may direct the publication in the Official Gazette of the audited balance sheet of a registered society.",
"footnote": "",
"is_definition": false,
"sort_order": 39
},
{
"number": "59",
"title": "59. Audit of wound up societies.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 40
},
{
"number": "60",
"title": "60. Payment of the audit fee.",
"chapter": null,
"content": "Copies of Entries\nCopies of Entries",
"footnote": "",
"is_definition": false,
"sort_order": 41
},
{
"number": "61",
"title": "61. Certifying copies of entries.",
"chapter": null,
"content": "Custody and Preservation of Records\nCustody and Preservation of Records",
"footnote": "",
"is_definition": false,
"sort_order": 42
},
{
"number": "62",
"title": "62. Custody of account books and registers.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 43
},
{
"number": "63",
"title": "63. Preservation of records.",
"chapter": null,
"content": "Liquidation\nLiquidation",
"footnote": "",
"is_definition": false,
"sort_order": 44
},
{
"number": "64",
"title": "64. Appointment or removal of a liquidator and payment of remuneration to him.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 45
},
{
"number": "65",
"title": "65. Procedure.",
"chapter": null,
"content": "(b) The cost of liquidation shall be the first charge on the assets of a liquidated society. The arrear remuneration of employees for services rendered shall rank next in the order and thereafter Government demands and audit fees; the dues of the other creditors shall rank next and follow the order that may be laid down by the Registrar.\nAppeal and Revision\nAppeal and Revision",
"footnote": "",
"is_definition": false,
"sort_order": 46
},
{
"number": "66",
"title": "66. Appeal and Revision.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 47
},
{
"number": "67",
"title": "67. Sanction for appeal",
"chapter": null,
"content": "Disputes: Arbitration\nDisputes: Arbitration",
"footnote": "",
"is_definition": false,
"sort_order": 48
},
{
"number": "68",
"title": "68. Disputes; arbitration.",
"chapter": null,
"content": "(a) by the Managing Committee of the registered society interested in the dispute or by any party to the dispute, or\n(b) by any member of the society if the dispute relates to the society from a member of the Managing Committee.\n(b) Notice for attachment of property and order for attachment thereof under Section 50 shall be issued in Form no. XXI and Form no. XXII respectively.\n(c) For the purpose of mortgage award, the following forms shall be used:-\n(i) Application for a mortgage decree-Form no. XVI.\n(ii) Notice on defaulting member-Form no. XVII.\n(iii) Preliminary mortgage decree-Form no. XVIII.\n(iv) Notice before final mortgage decree-Form no. XIX.\n(v) Final mortgage decree-Form no. XX.",
"footnote": "",
"is_definition": false,
"sort_order": 49
},
{
"number": "69",
"title": "69. Reference to District Judge.",
"chapter": null,
"content": "Service of Summons or Notice\nService of Summons or Notice",
"footnote": "",
"is_definition": false,
"sort_order": 50
},
{
"number": "70",
"title": "70. Service of summons or notice.",
"chapter": null,
"content": "Requisition for Dues\nRequisition for Dues",
"footnote": "",
"is_definition": false,
"sort_order": 51
},
{
"number": "71",
"title": "71. Certificate proceedings.",
"chapter": null,
"content": "Creditor's Meetings\nCreditor's Meetings",
"footnote": "",
"is_definition": false,
"sort_order": 52
},
{
"number": "72",
"title": "72. Procedure at meeting.",
"chapter": null,
"content": "(b) The society concerned shall send a copy of such notice together with a copy of the document containing the compromise or arrangement, to each creditor other than a creditor on whom the compromise or arrangement, if sanctioned, would be binding under sub-Sections (2) and (5) of Section 24-A.\n(c) The Registrar shall cause such notice together with a copy of document containing the proposed compromise or arrangement to be sent by registered post or messenger at least one month before the date fixed for the meeting to each creditor to the address noted against the name of such creditor in the books of the society.\n(b) Any creditor desirous of moving an amendment to the proposed arrangement or compromise shall send to the person issuing the notice under Rule 72 a copy of the proposed amendment at least 14 days before the date of the meeting and such person shall cause copies of such amendment to be sent by ordinary post or by messenger to each creditor to whom the notice under Rule 72 has been sent:\n(b) The Chairman may fix a time-limit for speeches.\n(b) The minutes shall contain the names of all creditors present at the meeting and the name of each creditor voting for or against the question put by the Chairman or on any amendment.\n(b) Every proxy shall be appointed in such form as may be prescribed by the Registrar.\n(c) The appointment of a proxy shall not be valid unless the form duly filled in is deposited at the registered office of the society at least 48 hours before the time fixed for holding the meeting.\nMiscellaneous\nMiscellaneous",
"footnote": "",
"is_definition": false,
"sort_order": 53
},
{
"number": "73",
"title": "73. Power to attend meetings.",
"chapter": null,
"content": "[74.",
"footnote": "",
"is_definition": false,
"sort_order": 54
},
{
"number": "75",
"title": "75. Contribution to Co-operative conferences.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 55
},
{
"number": "76",
"title": "76. Registrar's power of condonation.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 56
},
{
"number": "77",
"title": "77. Savings.",
"chapter": null,
"content": "Form No. I\nForm No. I\n[Rule 3(1)]\nForm of application to register a society\nThe Registrar,\nCo-Operative Societies, Bihar.\nDated the..............200\nNo.\nName of the applicant\nAge\nFather's Name\nOccupation or class\nResidence\nSignature or thumb impression duly attested\nRemarks\n1\n2\n3\n4\n5\n6\n7\n8\nForm II\nForm II\nStatement of property and debts of applicant for registration of .................................. Co-operative Society with unlimited liability\n[Rule 3 (5)]\nRs.\nI.\nAssets-\n...................bighas/acres of land are held by the\n\t\t\t\tapplicant which have been valued at Rs. ...............\n...\nValue of other properties\n...\nTotal\n...\nII.\nLiabilities-\nRent due to landlord\n...\nCash debts\n...\nInterest due on cash debts\n...\nMortgage debts\n...\nInterest due on mortgage debts\n...\nOther liability, if any\nTotal\n...\nIII.\nAnnual income of member-",
"footnote": "",
"is_definition": false,
"sort_order": 57
},
{
"number": "1",
"title": "1. Annual profits from lands",
"chapter": null,
"content": "...",
"footnote": "",
"is_definition": false,
"sort_order": 58
},
{
"number": "2",
"title": "2. Other income from lands",
"chapter": null,
"content": "...\nTotal\n...\nSignature of applicant\nForm III\nForm III\n[Rule 3(5)]\nReport of the organisation of ................................ Society with ........................... limited/ unlimited liability.\nNote. - '\"Literate\" means a person who can write and read a letter. At least two or three literate persons should join the society, one of whom must be capable of keeping the accounts.\nNote. - Raiyats who are unpunctual in the payment of rent do not usually make good members of co-operative societies.\nNote. - The statement must be personally verified and attested by the organiser. Reference should be made to the records-of-rights and also, if possible, to the landlord's papers. Valuation of land must be put at a low figure, i.e., that which it would fetch at an involuntary sale. It there is no custom of transfer, it may be fixed at two thirds of the amount for which, it could be mortgaged.These informations are required in respect of agricultural credit society only.\nSignature of Organiser\nHonorary Secretary\n..................... Co-operative Society\nForm No. IV\nForm No. IV\n[Rule 4 (3)]\nForm of Certificate of Registration\nOffice of the Registrar. Co-Operative Societies, Bihar\nIn the matter of application for registration of a Co-operative Society at .............................. police station ............................. in the district of ..............................\nRegistrar, Co-operative Societies, Bihar.\nForm No. V\nForm No. V\n[Rule 7(1)]\nForm of application for Membership\nThe Committee of Management\nCo-Operative Society\nYours faithfully.\nSignature\n...\n...\nFather's or husband's name\n...\n...\nAge\n...\n...\nProfession\n...\n...\nPermanent Address\n...\n...\nPresent Address\n...\n...\nName of nominee\n...\n...\nRelationship\n...\n...\nAge of nominee\n...\n...\nAddress of nominee\n...\n...\nForm No. VI\nForm No. VI\n[Rule 17(1)]\nForm of application for the registration of amendment to the bye-laws of a registered Society\nThe Registrar,\nCo-Operative Societies, Bihar\nDated ..................... the ..................... 200\n(1) Date of the meeting.\n(2) Number of members present.\n(3) The total number of members of the Society at the time of the general meeting.\nSecretary.\nSecretary.\nNote. - The amendments should be submitted in four copies with the following heading :- Present bye-laws, amendment proposed, reasons for the amendment.\nForm No. VII\nForm No. VII\n[Rule 17(2)]\nCertificate of registration of amendment\nRegistrar\nCo-operative Societies, Bihar\nSeal\nForm No. VIII\nForm No. VIII\n[Rule 18]\nCertificate of amendment of bye-laws\nRegistrar,\nCo-operative Societies, Bihar.\nForm No. IX\nForm No. IX\n[Rule 41 (3)]\nApplication for loan along with declaration of property of the member/ applicant\nThe Honorary Secretary,\n............... Co-Operative Society Limited/ Unlimited\nDetails of the Property.\nAmount of loan\nAmount repaid till to date\nBalance\nName of lender with residence etc.\n1. 2. 3.\nSignature of member-applicant.\nForm No. X\nForm No. X\n[Rule 42]\nAuthorising deduction from pay Authority Slip\nSignature .........................\nAddress .........................\nForm No. XI\nForm No. XI\n[Rule 65(12)]\nNotice to persons demanding the amount of contribution\nSerial no.\nName of members, past members and nominees,\n\t\t\t\theirs, legal representatives of deceased members or officer or\n\t\t\t\tpast officer of society.\nAmount of principal.\nInterest.\nContribution to wards the cost of liquidation.\nTotal.\nRemarks.\n1\n2\n3\n4\n5\n6\n7\nRs.\nRs.\nRs.\nRs.\nRs.\nLiquidator,\nCo-operative Society,\nForm No. XII\nForm No. XII\n[Rule 68 (13)]\nForm of reference under Section 48 of the Bihar and Orissa Co-operative Societies Act, 1935 (Act VI of 1935)\n(For dispute between Societies and individual members)\nThe ............................\nFirst party\nvs.\n(1)\n(2)\n(3)\n(1)\n(2)\n(3)\nForm of statement of claim to accompany reference\nIn the matter of reference under Section 48 of the Bihar and Orissa Co-operative Societies Act, 1935 (Act VI of 1935)\n(1)\n(2) vs.\n(3)\nMembers of .............................. Ltd.\nDetails of claim\n(1)\n(2)\n(3)\nSignature-\nSecretary\nDirector\nForm No. XIII\nForm No. XIII\n[Rule 68 (13) read with Explanation (1) thereto.]\nForm of application for decision\nThe Chairman/ Honorary Secretary,\nCo-Operative Society Ltd.\nThe Registrar,\nCo-Operative Societies Bihar, Patna.\nDated .............................. the January 200.\n(1)\n(2)\n(3)\nYours faithfully,\nChairman/Honorary Secretary\nForm No. XIV\nForm No. XIV\n[Rule 68 (13)]\nNotice to parties under Section 48 of the Bihar and Orissa Co-operative Societies Act, 1935 (Act VI of 1935)\nBefore the Registrar/ Assistant Registrar, Co-operative Societies.........\nRegistrar/ Assistant Registrar,\nCo-operative Societies\nRegistrar/ Assistant Registrar,\nCo-operative Societies\nForm No. XV\nForm No. XV\n[Rule 68 (13)]\nBefore the Registrar, Co-operative Societies, Bihar Summons to witness\nCase on ........................... of 200.\n...................................................... Applicant\nversus\n...................................................... Respondent\nRegistrar,\nCo-operative Societies, Bihar\nForm No. XVI\nForm No. XVI\n[Rule 68 (13)]\nBefore the Registrar/ Assistant Registrar of Co-operative Societies.\n.................................\nversus\n(a) date of mortgage bond;\n(b) name of the mortgagor and mortgagee;\n(c) sum secured;\n(d) rate of interest;\n(e) property mortgaged as described in Schedule I;\n(f) amount due as described in Schedule II;\n(g) names of witnesses who attested.\nSchedule I\nDescription of the mortgaged properties\nSchedule II\nDetails of claim\nSigned\nForm No. XVII\nForm No. XVII\n[Rule 68 (13)\nForm of notice to defaulting members-mortgagor.\nBefore the Registrar/Assistant Registrar, Co-operative Societies\nRegistrar/ Assistant Registrar.\nCo-operative Societies.\nRegistrar/ Assistant Registrar.\nCo-operative Societies.\nForm No. XVIII\nForm No. XVIII\n[Rule 68 (13)]\nForm of Preliminary Mortgage, Award\nApplicant\nVersus\n(1) ........................... (2)\n\t\t\t\t...........................\n}\nOpposite parties\n(i) That the opposite party do pay in my office on or before the ........................... day of ........................... the said sum of Rs. ...........................\n(ii) That, on such payment of such amount as is adjudged due in respect of such costs of the proceeding and such costs, charges and expenses as may be payable under Rule 10, together with such subsequent interest as may be payable under Rule 11 of Order XXX IV of the First Schedule to the Code of Civil Procedure 1908, the applicant shall bring into my office all documents in his possession or power relating to the mortgaged property in the petition mentioned, and all such documents shall be delivered over to the opposite party or to such person as he appoints, and the applicant shall, if so required, re-convey or re-transfer the said property free from the said mortgage and clear of and from all incumbrances created by the applicant or any person claiming under him or any person under whom he claims and shall, if so required, deliver up to the opposite party quiet and peaceable possession of the said property.\n(iii) And it is hereby further ordered and decreed that in default of payment as the aforesaid, the applicant may apply to me for a final decree for the sale of the mortgaged property; and no such application being made, the mortgaged property or a sufficient part thereof shall be directed to be sold; and for the purposes of such sale the applicant shall produce before me or such officer as may be appointed on this behalf all documents in his possession or power relating to the mortgaged property.\n(iv) And it is hereby further ordered and decreed that the money realised by such sale shall be paid into Court which has held the sale and shall be duly applied (after deduction therefrom of the expenses of the sale) in payment of the amount payable to the applicant under this award and under any further orders that may be passed on this proceeding and in payment of any amount which the Court may adjudge due to the applicant in respect of such costs of the proceeding, and such costs, charges and expenses as may be payable under Rule 10, together with such subsequent interest as may be payable under Rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, and that the balance, if any, shall be paid to the opposite party or other person entitled to receive the same.\n(v) And it is hereby further ordered and decreed that, if money realised by such sale shall not be' sufficient for payment in full of the amount payable to the applicant as aforesaid, the applicant shall be at liberty (where such remedy is open to him under the terms of his mortgage and is not barred by any law for the time being in force) to apply for a personal decree against opposite party for the amount of balance: and that the parties are at liberty to apply to the Court from time to time as they may have occasion, and on such application or otherwise the Court may give such direction as it thinks fit.\nRegistrar/Assistant Registrar\nCo-operative Societies.\nSchedule\nDescription of the mortgaged property\nRegistrar/Assistant Registrar\nCo-operative Societies.\nForm No. XIX\nForm No. XIX\n[Rule 68 (13)]\nForm of notice before issue of Final Mortgage Award\nRegistrar/Assistant Registrar of\nCo-operative Societies Circle\nDated the.............. 200......\nForm No. XX\nForm No. XX\n[Rules 68 (13)]\nForm of Final Mortgage Award\nApplicant\nVersus\n(1) ........................... (2)\n\t\t\t\t...........................\n}\nOpposite party\nRegistrar/Assistant Registrar,\nCo-operative Societies\nSchedule\nDescription of Mortgaged property\nMemo No. ...........................\nForm No. XXI\nForm No. XXI\n[Rule 68 (13)]\n(Notice)\nBefore the Registrar/Assistant Registrar, Co-operative Societies,\n...........................\n...........................\nVillage ............................\nRs. ................................\nDistrict ...........................",
"footnote": "",
"is_definition": false,
"sort_order": 59
},
{
"number": "1",
"title": "1. Principal.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 60
},
{
"number": "2",
"title": "2. Interest due.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 61
},
{
"number": "3",
"title": "3. Bank's contribution.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 62
},
{
"number": "4",
"title": "4. Cost of suit.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 63
},
{
"number": "5",
"title": "5. Total amount.",
"chapter": null,
"content": "Registrar/Assistant Registrar,\nCo-operative Societies..................\nList of Property Mortgaged\n(a) Movable property.\n(b) Immovable property.\nRegistrar/Assistant Registrar\nCo-operative Societies..................\nSeal of\nForm No. XXII\nForm No. XXII\n[Rule 68 (13)]\nOrder of attachment of property before the issue of award under Section 50 of the Bihar and Orissa Co-operative Societies Act, 1935 (Act VI of 1935).\nBefore the Registrar/ Assistant Registrar, Co-operative Societies, ...........................\nApplicant\nVersus\n(1) ........................... (2)\n ...........................\n}\nOpposite party\nRegistrar/ Assistant Registrar,\nCo-operative Societies ........\nMemo No. ......................\nSchedule 'A'\nList of Property to be attached\nSeal of the\nRegistrar/ Assistant Registrar, Co-operative Societies..................\nRegistrar/ Assistant Registrar,\nCo-operative Societies\n[Form No. XXIII]\n[Form No. XXIII]\n[See Rule 21.1(2)]\n[See Rule 21.1(2)]\nSerial No.\nName of the Member\nFather's Name\nAddress\nDisqualification (if any)\nRemarks\n1\n2\n3\n4\n5\n6\n[Form No. XXIV]\n[Form No. XXIV]\n[See Rule 21.1 (2)]\n[See Rule 21.1 (2)]\nForm Of Voters List In Respect Of Delegates/ Representatives\nSerial No.\nName and address of member society\nName of delegates/ representative\nFather's Name\nAddress\nDate of election of delegate/ representative\nDisqualification of Member/ society (if any).\nDisqualification of Delegates/ Representative (if\n any).\nRemarks\n1\n2\n3\n4\n5\n6\n7\n8\n9\n[Form No. XXIII]\n[Form No. XXIII]\n[See Rule 21-N (2)]\nNomination Form\nNomination Form\n(i) Serial number in the voter's list.\n(ii) Full name (as in the voters list)\n(iii) Whether he is an individual member of the Co-operative Society.\n(iv) Whether he is a representative of any, affiliated society/body or authority.\n(ii) Husband's name (in case of married female candidate).\n(i) Serial number in the voters' list,\n(ii) Full name (as in the voters, list)\n(iii) Whether he is an individual member of the Co-operative Society.\n(iv) Whether he is a representative of any affiliated society/body or authority. If so, name of such affiliated society/ authority.\n(v) Signature or thumb impression\n(i) Serial number in the voter's list\n(ii) Full name (as in the voters, list)\n(iii) Whether he is an individual member of Co-operative Society.\n(iv) Whether he is a representative of any affiliated society/body or authority. If so name of such affiliated society/ body/ authority.\n(v) Signature or thumb impression.\nCandidate's Declaration\nCandidate's Declaration\nSignature or Thumb impression of Candidate.]\nFORM No. XXIV\nFORM No. XXIV\n[See Rule 21-N (7)]\nForm of Withdrawal of Nomination\nForm of Withdrawal of Nomination\n(i) Serial number in the voter's list\n(ii) Full name (as in the voter's list)\n(iii) Whether he is an individual member of the Co-operative Society.\n(vi) Whether he is a representative of any affiliated society/body or authority. If so name of such affiliated society/body/ authority.\n(ii) Husband's name (in case of married female candidate).",
"footnote": "",
"is_definition": false,
"sort_order": 64
}
],
"metadata": {
"Act ID": "bh133",
"Act Number": "Published vide Notification No. B/Act-04/59-7661, dated 10th June, 1959",
"Enactment Date": "",
"Act Year": "1959",
"Short Title": "The Bihar Co-operative Societies Rules, 1959",
"Type": "STATE",
"Location": "Bihar"
},
"updated_at": "2026-09-29 21:55:19"
}