Bihar Co-operative Societies Act, 1935
No: 6 Dated: May, 29 1935
Bihar Co-operative Societies Act, 1935
Act 6 of 1935
An Act to consolidate and amend the law relating the Societies in the State of Bihar [x x x]
Preamble. - Whereas it is expedient to facilitate the formation, working and consolidation of co-operative societies for the promotion of thrift, self help and mutual aid among agriculturists and other persons with common needs and for that purpose to consolidate and amend the law relating to co-operative societies in the State of Bihar [x x x].
And whereas previous sanction of the Governor-General under sub-section (3) of Section 80-A of the Government of India Act has been obtained to the passing of this Act.
It is hereby enacted as follows :
CHAPTER I
Preliminary
1. Short title and extent. - (1) This Act may be called the Bihar Co-operative Societies Act, 1935.
(2) It extends to the whole of the State of Bihar.
2. Definitions. - In this Act, unless there is anything repugnant in the subject or context-
(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 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;]
[(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.
4. Saving of existing societies. - (1) Every society now existing which has been registered under the Co-operative Credit Societies Act, 1904 (10 of 1904) or Co-operative Societies Act, 1912 (2 of 1912), shall be deemed to be registered under this Act and its bye-laws shall, so far as they are not inconsistent with the express provisions of this Act, continue in force until altered or rescinded.
(2) All appointments, rules and orders made, notifications and notices issued, all transactions entered into, suits and other proceedings instituted under the said Acts, shall be deemed, so far as may be to have been respectively made, issued, entered into and instituted, under this Act.
5. Construction of references to Co-operative Societies Act, 1912 in enactments. - All references to the Co-operative Societies Act, 1912 (2 of 1912) occurring in any enactment made by any authority in India and for the time being in force in the State of Bihar [x x x] shall, in the application of such enactment to the said State be construed as references to this Act.